RFP No. 23-14
42 Montebello Bus Lines
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:
RFP No. 23-14
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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 volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , 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 Indemnitees m ay 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 to recover un der 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 Civ il 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 Indemnitees.
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:
RFP No. 23-14
45 Montebello Bus Lines
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 Coverage 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 s atisfied by a non -owned auto endorsement to the general 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 designa ted 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 shall 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 United 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 statement s 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, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible 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 succession of defaults under the contract or contracts of completion arranged under this paragr aph) 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 amo unt 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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1. Assessment and Planning:
• Conduct a thorough assessment of the existing restroom facilities to identify areas that require modifications to meet ADA requirements.
• Determine the budget and timeline for implementing the necessary changes.
2. Physical Accessibility:
• Ensure that there is at least one fully accessible restroom on each floor or level where restrooms are located.
• Ensure that pathways to the restrooms are wide enough to accommodate wheelchairs and mobility devices.
• Install ramps and curb cuts where needed to provide accessible routes to the restrooms. • Ensure that restroom doors have sufficient width to accommodate wheelchairs and are equipped with proper hardware for easy opening.
3. Entrance and Signage:
• Ensure that restroom entrances are clearly marked with ADA-compliant signage, including the International Symbol of Accessibility.
• Install tactile signage for individuals with visual impairments, indicating restroom names and directions in Braille.
4. Interior Layout:
• Design the interior layout to allow sufficient space for individuals using wheelchairs or m
obility devices to maneuver comfortably.
• Ensure that sinks, counters, and hand dryers are at a suitable height for people using w
heelchairs.
• Install grab bars near toilets and within the restroom to assist individuals with mobility impairments.
5. Toilet Stalls:
• Ensure that there is at least one ADA-compliant toilet stall in each restroom. • The ADA-compliant stall should have adequate space for a wheelchair to maneuver, and the toilet should be at an appropriate height.
• Install grab bars next to the toilet in the ADA-compliant stall.
6. Sinks and Faucets:
• Install at least one accessible sink that is at an appropriate height for individuals using wheelchairs.
• Faucets should be lever-operated or sensor-activated for easy use.
ATTACHMENT C
7. Lighting and Acoustics:
• Ensure that lighting is sufficient and evenly distributed, catering to individuals with visual impairments.
• Maintain appropriate levels of acoustic insulation to minimize noise disturbances for individuals with hearing impairments.
8. Emergency Alarms:
• Install visual and audible emergency alarms that can be easily activated by individuals with disabilities.
9. Training:
• Train restroom staff on how to assist individuals with disabilities, including providing appropriate support when needed.
10. Regular Maintenance:
• Establish a routine maintenance schedule to ensure that all ADA-compliant features remain functional and in good condition.
11. Documentation:
• Maintain records of all modifications made to the restrooms to demonstrate compliance with ADA guidelines.
12. Feedback Mechanism:
• Establish a feedback mechanism for restroom users to report any issues related to accessibility. Use this feedback to continually improve the restroom facilities.
By following this comprehensive plan, Montebello Bus lines can ensure that its public restrooms are fully accessible and compliant with ADA regulations, providing equal access and convenience to all individuals, regardless of their abilities. It's important to consult with ADA experts and local authorities to ensure accurate compliance with all relevant regulations.
General Conditions for Remodeling and Demolition of Public Restrooms:
1. Scope of Work: The contractor shall perform all necessary remodeling and demolition work as specified in the project documents, including architectural plans, specifications, and any additional instructions provided by the owner or the architect.
2. Permits and Approvals: The contractor shall obtain all necessary permits, approvals, and inspections required by local authorities for the remodeling and demolition work. Any fees associated with permits shall be the responsibility of the contractor.
3. Safety and Compliance: The contractor shall adhere to all applicable safety regulations and industry standards throughout the project. Proper safety measures, including signage, barriers, and personal protective equipment, must be in place at all times to ensure the safety of workers, visitors, and the general public.
4. Site Conditions: The contractor shall inspect the site and verify existing conditions before commencing any work. Any discrepancies or unforeseen conditions must be reported to the owner or architect promptly. The contractor shall protect existing structures, finishes, and utilities from damage during the course of the project.
5. Demolition: Demolition of existing structures shall be carried out in a controlled manner to minimize disruption and damage. All demolition debris shall be properly disposed of according to local regulations and environmentally responsible practices.
6. Remodeling Work: Remodeling work shall include, but not be limited to, installation of new fixtures, finishes, plumbing, electrical, and ventilation systems as specified in the project documents. The contractor shall coordinate all trades involved to ensure a cohesive and functional restroom space.
7. Quality of Work: All work shall be performed to the highest standards of craftsmanship and in accordance with the project specifications. Materials used shall be of the quality and type specified, and any deviations must be approved by the architect or owner in advance.
8. Schedule: The contractor shall develop and adhere to a detailed project schedule, outlining key milestones and deadlines for completion. Any delays or changes to the schedule must be communicated promptly to the owner or architect, along with a revised timeline.
9. Cleanliness and Site Maintenance: The contractor shall maintain a clean and organized work site throughout the project. Regular cleanup of debris and waste materials is required to prevent safety hazards and maintain a professional appearance.
10. Inspections and Testing: The contractor shall allow for inspections and testing of work by the architect, owner, or relevant authorities as required. Any necessary corrections or adjustments identified during inspections must be promptly addressed by the contractor.
11. Warranty: The contractor shall provide a warranty for the completed work, covering any defects in materials or workmanship for a specified period following project completion. Details of the warranty terms and conditions should be included in the project documentation.
12. Contract Documents: All contract documents, including plans, specifications, and any changes or addenda, shall be considered part of the contract and shall be followed diligently by the contractor.
13. Communication: Effective and timely communication between the contractor, architect, and owner is essential throughout the project. Any concerns, questions, or changes must be communicated and documented in writing.
These general conditions outline the basic expectations and requirements for the remodeling and demolition of public restrooms. However, they should be tailored to the specific project and legal regulations in your jurisdiction. It's recommended to work closely with legal counsel, architects, and other relevant professionals to create a comprehensive contract that addresses all necessary aspects of the project.
1. Project Assessment and Planning: Conduct a thorough assessment of the site and existing conditions to ensure accurate measurements and understanding of the space. Develop a detailed project plan that includes a timeline, resource allocation, and coordination of subcontractors.
2. Demolition and Site Preparation: Begin with the demolition of existing structures, including fixtures, finishes, and any obsolete plumbing or electrical systems. Dispose of debris according to regulations. Prepare the site for new construction, addressing any leveling or structural adjustments as needed.
3. Plumbing and Electrical Rough-In: Install new plumbing lines for sinks, toilets, and urinals according to the approved plans. Ensure proper connections to the main water and sewage lines. Similarly, establish the electrical infrastructure, including outlets, lighting, and necessary wiring, adhering to local codes.
4. Framing and Wall Construction: Frame the restroom layout based on architectural plans, accounting for partition walls, entryways, and any niches. Use appropriate framing materials and techniques to ensure structural integrity. Install moisture-resistant materials in areas prone to water exposure.
5. Tile Installation: Begin tiling by applying a waterproofing membrane in wet areas such as showers and around sinks. Install tiles according to the approved design, utilizing proper adhesives and grouting materials. Pay attention to alignment, spacing, and symmetry for a professional finish.
6. Millwork and Cabinetry: Fabricate and install custom millwork, cabinetry, and countertops as specified in the plans. Ensure accurate measurements and joinery techniques for a seamless fit.
Install hardware, such as handles and hinges, for proper functionality.
7. Painting and Finishes: Prepare surfaces for painting by patching, priming, and sanding. Apply paint in accordance with the chosen color scheme and design concept. Use high-quality paint that is durable and resistant to moisture and cleaning agents.
8. Toilet Screens: Construct and install toilet privacy screens in accordance with the architectural plans. Ensure proper spacing and height for user comfort and privacy. Use materials that are easy to clean and maintain.
9. Electrical and Lighting Installation: Install electrical fixtures such as switches, outlets, and light fixtures according to the approved electrical plans. Ensure proper wiring connections and adherence to safety codes. Consider energy-efficient lighting solutions that provide adequate illumination.
10. Mirror Installation: Mount new mirrors securely on designated walls, considering height and accessibility for users of different heights. Use appropriate mounting hardware to ensure stability.
11. Plumbing Fixture Installation: Install new sinks, toilets, urinals, faucets, and other plumbing fixtures according to the plans. Ensure proper sealing, connections, and alignment. Test all fixtures for functionality and address any leaks.
12. Final Inspections and Testing: Coordinate inspections by relevant authorities to ensure compliance with local building codes and regulations. Test plumbing, electrical, and ventilation systems for proper functionality and safety.
13. Final Touches and Cleanup: Complete any remaining minor tasks, such as caulking, grout touch- ups, and hardware adjustments. Thoroughly clean the restroom space, removing any construction debris or dust.
14. Client Walkthrough and Handover: Conduct a walkthrough with the client to review the completed work and address any final concerns. Provide operating instructions for fixtures and systems. Upon approval, formally hand over the remodeled restrooms to the client.
15. Documentation and Warranty: Compile all relevant documentation, including as-built drawings, warranties for materials and fixtures, and a maintenance guide. Provide the client with necessary information for ongoing maintenance and support.
Throughout the construction process, maintain clear communication with the project team, including architects, subcontractors, and the client. Adapt the technical approach based on any unforeseen challenges or changes in project requirements. Always prioritize safety, quality, and compliance with regulations to ensure a successful restroom remodeling project.
Management Plan for Public Restroom Renovation
Project Overview:
The Public Restroom Renovation project aims to enhance the quality, functionality, and aesthetic appeal of four public restrooms located in [Location]. The project will involve comprehensive renovations, including plumbing, electrical, structural improvements, and aesthetic upgrades, to provide visitors with modern, clean, and comfortable restroom facilities.
Project Objectives:
Improve the overall hygiene, safety, and accessibility of the public restrooms.
Enhance user experience by upgrading fixtures, amenities, and aesthetic elements.
Ensure compliance with all relevant codes and regulations related to public facilities.
Minimize disruption to facility users by implementing a well-structured renovation schedule.
Deliver the project within the allocated budget and timeline.
Project Scope:
The scope of the Public Restroom Renovation project includes:
Complete demolition and removal of existing fixtures and finishes.
Upgrading plumbing and electrical systems to meet current standards.
Installing new fixtures, including toilets, sinks, faucets, and hand dryers.
Incorporating accessible features such as ramps, handrails, and appropriate signage.
Implementing durable and easy-to-maintain flooring, wall surfaces, and ceilings.
Enhancing lighting and ventilation for a more inviting atmosphere.
Adding eco-friendly elements such as low-flow fixtures and energy-efficient lighting.
Project Phases:
Planning and Preparation:
Conduct a thorough assessment of each restroom's current condition and requirements.
Engage with stakeholders, including facility management, architects, and contractors, to gather input and define project goals.
Develop a detailed project plan, including a scope of work, budget estimates, and a timeline.
Obtain necessary permits and approvals from regulatory authorities.
Design and Development:
Collaborate with architects and interior designers to create restroom layouts and select materials.
Ensure that the design aligns with accessibility standards and local regulations.
Prepare detailed construction drawings, specifications, and material lists.
Procurement and Pre-construction:
Source and procure all necessary materials, fixtures, and equipment.
Select qualified contractors through a competitive bidding process.
Conduct pre-construction meetings to clarify project requirements and schedules.
Construction and Renovation:
Implement renovations in phases to minimize disruptions to facility users.
Coordinate construction activities to ensure efficient progress and quality workmanship.
Monitor project progress against the schedule and address any unforeseen challenges promptly.
Conduct regular site inspections to ensure adherence to safety and quality standards.
Quality Assurance and Handover:
Perform thorough quality checks and inspections during and after construction.
Rectify any defects or issues identified during inspections.
Obtain final approvals from relevant authorities and stakeholders.
Hand over renovated restrooms to facility management, ensuring proper documentation and user training.
Communication and Stakeholder Engagement:
Maintaining clear communication with stakeholders throughout the project is crucial. Regular updates will be provided through meetings, progress reports, and dedicated communication channels to keep stakeholders informed about project milestones, challenges, and achievements.
Budget and Cost Management:
A detailed budget will be developed, encompassing all project costs, including design, materials, labor, permits, and contingency. Regular monitoring and reporting will ensure that the project stays within the allocated budget.
Timeline:
The Public Restroom Renovation project is expected to span [Timeline] and will be executed in phases to ensure smooth implementation and minimal disruption to restroom users.
Conclusion:
This Management Plan outlines the comprehensive approach to renovating the four public restrooms, emphasizing quality, accessibility, and user satisfaction. By adhering to this plan and maintaining effective communication, the project team aims to successfully deliver renovated facilities that meet the highest standards of hygiene, functionality, and aesthetics.
Activity ID Activity Name Orig
Dur
Start Finish
Sierra Vista Baseline Sierra Vista Baseline 224 23-Jan-23 10-Dec-23 Milestones Milestones 219 30-Jan-23 10-Dec-23
MS-51 Notice to Proceed 0 30-Jan-23*
MS-61 Award Subcontracts 13 30-Jan-23 16-Feb-23
MS-21 Adverse Weather 10 17-Nov-23 26-Nov-23
MS-31 Substantial Completion 0 26-Nov-23
MS-41 Project Closeout 14 27-Nov-23 10-Dec-23
MS-11 Project Complete 0 10-Dec-23*
Submittals Submittals 166 23-Jan-23 15-Sep-23
Division 5 Division 5 36 17-Feb-23 07-Apr-23
Structural Steel Structural Steel 36 17-Feb-23 07-Apr-23 PROC-051200 Procurement: Structural Steel 30 17-Feb-23 30-Mar-23 DELI-051200 Deliveries: Structural Steel 1 07-Apr-23 07-Apr-23 Division 6 Division 6 57 17-Feb-23 08-May-23
Rough Carpentry Rough Carpentry 57 17-Feb-23 08-May-23
SUBM-061000 Submittals: Rough Carpentry 10 17-Feb-23 02-Mar-23 APPR-061000 Approval: Rough Carpentry 21 03-Mar-23 31-Mar-23 PROC-061000 Procurement: Rough Carpentry 25 03-Apr-23 05-May-23 DELI-0610000 Deliveries: Rough Carpentry 1 08-May-23 08-May-23 Division 7 Division 7 36 17-Feb-23 07-Apr-23
Metal Wall Panels Metal Wall Panels 35 17-Feb-23 06-Apr-23 SUBM-074213 Submittals: Metal Wall Panels 5 17-Feb-23 23-Feb-23 APPR-074213 Approval: Metal Wall Panels 5 24-Feb-23 02-Mar-23 PROC-074213 Procurement: Metal Wall Panels 25 03-Mar-23 06-Apr-23 Sheet Metal Sheet Metal 36 17-Feb-23 07-Apr-23
SUBM-076200 Submittals: Flashing and Sheet Metal 5 17-Feb-23 23-Feb-23 APPR-076200 Approval: Flashing and Sheet Metal 5 24-Feb-23 02-Mar-23 PROC-076200 Procurement: Flashing and Sheet Metal 25 03-Mar-23 06-Apr-23 DELI-0762000 Deliveries: Flashing and Sheet Metal 1 07-Apr-23 07-Apr-23 Division 8 Division 8 86 17-Feb-23 19-Jun-23
Hollow Metal Doors and Frames Hollow Metal Doors and Frames 51 17-Feb-23 28-Apr-23 SUBM-081113 Submittals: Hollow Metal Doors and Frames 15 17-Feb-23 09-Mar-23 APPR-081113 Approval: Metal Doors and Frames 10 10-Mar-23 23-Mar-23 PROC-081113 Procurement: Metal Doors and Frames 25 24-Mar-23 27-Apr-23 DELI-081113 Deliveries: Metal Doors and Frames 1 28-Apr-23 28-Apr-23 Door Hardware Door Hardware 86 17-Feb-23 19-Jun-23
SUBM-087100 Submittals: Door Hardware 15 17-Feb-23 09-Mar-23 APPR-087100 Approval: Door Hardware 30 10-Mar-23 20-Apr-23 PROC-087100 Procurement: Door Hardware 40 21-Apr-23 16-Jun-23 DELI-087100 Deliveries: Door Hardware 1 19-Jun-23 19-Jun-23 Glazing Glazing 51 17-Feb-23 28-Apr-23
SUBM-088000 Submittals: Glazing 15 17-Feb-23 09-Mar-23
APPR-088000 Approval: Glazing 10 10-Mar-23 23-Mar-23
08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Notice to Proceed
Award Subcontracts
Adverse Weather
Substantial Completion
Project Closeout
Project Complete
Procurement: Structural Steel
Deliveries: Structural Steel
Submittals: Rough Carpentry
Approval: Rough Carpentry
Procurement: Rough Carpentry
Deliveries: Rough Carpentry
Submittals: Metal Wall Panels
Approval: Metal Wall Panels
Procurement: Metal Wall Panels
Submittals: Flashing and Sheet Metal
Approval: Flashing and Sheet Metal
Procurement: Flashing and Sheet Metal
Deliveries: Flashing and Sheet Metal
Submittals: Hollow Metal Doors and Frames
Approval: Metal Doors and Frames
Procurement: Metal Doors and Frames
Deliveries: Metal Doors and Frames
Submittals: Door Hardware
Approval: Door Hardware
Procurement: Door Hardware
Deliveries: Door Hardware
Submittals: Glazing
Approval: Glazing
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 1 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
PROC-088000 Procurement: Glazing 25 24-Mar-23 27-Apr-23 DELI-088000 Deliveries: Glazing 1 28-Apr-23 28-Apr-23
Division 9 Division 9 41 17-Feb-23 14-Apr-23
Painting & Coatings Painting & Coatings 41 17-Feb-23 14-Apr-23 SUBM-099113 Submittals: Paints and Coatings 15 17-Feb-23 09-Mar-23 APPR-099113 Approval: Paints and Coatings 15 10-Mar-23 30-Mar-23 PROC-099113 Procurement: Paints and Coatings 10 31-Mar-23 13-Apr-23 DELI-099113 Deliveries: Paints and Coatings 1 14-Apr-23 14-Apr-23 Division 10 Division 10 76 17-Feb-23 05-Jun-23
Tactile Signage Tactile Signage 76 17-Feb-23 05-Jun-23
SUBM-101467 Submittals: Signage and Graphics 20 17-Feb-23 16-Mar-23 APPR-101467 Approval: Signage and Graphics 15 17-Mar-23 06-Apr-23 PROC-101467 Procurement: Signage and Graphics 40 07-Apr-23 02-Jun-23 DELI-101467 Deliveries: Signage and Graphics 1 05-Jun-23 05-Jun-23 Division 11 Division 11 124 23-Jan-23 18-Jul-23
Kitchen Equipment Kitchen Equipment 106 17-Feb-23 18-Jul-23 SUBM-116623 Submittals: Kitchen Equipment 15 17-Feb-23 09-Mar-23 APPR-116623 Approvals: Kitchen Equipment 21 10-Mar-23 07-Apr-23 PROC-116623 Procurement: Kitchen Equipment 70 10-Apr-23 18-Jul-23 Kitchen Hood Kitchen Hood 95 23-Jan-23 06-Jun-23
SUBM-334010 Submittals: Kitchen Hood 10 23-Jan-23 03-Feb-23 APPR-334010 Approvals: Kitchen Hood 15 06-Feb-23 27-Feb-23 PROC-334010 Procurement: Kitchen Hood 70 28-Feb-23 06-Jun-23 Division 21 Division 21 36 17-Feb-23 07-Apr-23
Wet-Pipe Fire Sprinkler Systems Wet-Pipe Fire Sprinkler Systems 36 17-Feb-23 07-Apr-23 SUBM-211313 Submittals: Fire Protection Specialties 10 17-Feb-23 02-Mar-23 APPR-211313 Approval: Fire Protection Specialties 15 03-Mar-23 23-Mar-23 PROC-211313 Procurement: Fire Protection Specialties 10 24-Mar-23 06-Apr-23 DELI-211313 Deliveries: Fire Protection Specialties 1 07-Apr-23 07-Apr-23 Division 22 Division 22 51 17-Feb-23 28-Apr-23
General Plumbing Materials General Plumbing Materials 45 17-Feb-23 20-Apr-23 SUBM-220510 Submittals: Piping Specialties 10 17-Feb-23 02-Mar-23 APPR-220510 Approval: Piping Specialties 10 03-Mar-23 16-Mar-23 PROC-220510 Procurement: Piping Specialties 25 17-Mar-23 20-Apr-23 Plumbing Fixtures Plumbing Fixtures 51 17-Feb-23 28-Apr-23 SUBM-224000 Submittals: Plumbing Equipment 10 17-Feb-23 02-Mar-23 APPR-224000 Approval: Plumbing Equipment 15 03-Mar-23 23-Mar-23 PROC-224000 Procurement: Plumbing Equipment 25 24-Mar-23 27-Apr-23 DLEI-224000 Deliveries: Plumbing Equipment 1 28-Apr-23 28-Apr-23 Division 23 Division 23 166 23-Jan-23 15-Sep-23
Air Distribution Air Distribution 46 17-Feb-23 21-Apr-23 SUBM-233100 Submittals: Ductwork 10 17-Feb-23 02-Mar-23 APPR-233100 Approval: Ductwork 15 03-Mar-23 23-Mar-23
08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Procurement: Glazing
Deliveries: Glazing
Submittals: Paints and Coatings
Approval: Paints and Coatings
Procurement: Paints and Coatings
Deliveries: Paints and Coatings
Submittals: Signage and Graphics
Approval: Signage and Graphics
Procurement: Signage and Graphics
Deliveries: Signage and Graphics
Submittals: Kitchen Equipment
Approvals: Kitchen Equipment
Procurement: Kitchen Equipment
Submittals: Kitchen Hood
Approvals: Kitchen Hood
Procurement: Kitchen Hood
Submittals: Fire Protection Specialties
Approval: Fire Protection Specialties
Procurement: Fire Protection Specialties
Deliveries: Fire Protection Specialties
Submittals: Piping Specialties
Approval: Piping Specialties
Procurement: Piping Specialties
Submittals: Plumbing Equipment
Approval: Plumbing Equipment
Procurement: Plumbing Equipment
Deliveries: Plumbing Equipment
Submittals: Ductwork
Approval: Ductwork
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 2 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
PROC-233100 Procurement: Ductwork 20 24-Mar-23 20-Apr-23 DELI-233100 Deliveries: Ductwork 1 21-Apr-23 21-Apr-23
HVAC Units HVAC Units 166 23-Jan-23 15-Sep-23
SUBM-334020 Submittals: HVAC Units 10 23-Jan-23 03-Feb-23 APPR-334020 Approval: HVAC Units 15 06-Feb-23 27-Feb-23 PROC-334020 Procurement: HVAC Units 140 28-Feb-23 14-Sep-23 DELI-762000 Deliveries: HVAC Units 1 15-Sep-23 15-Sep-23 Division 26 Division 26 121 17-Feb-23 08-Aug-23
Raceways and Boxes Fitting and Supports Raceways and Boxes Fitting and Supports 36 17-Feb-23 07-Apr-23 SUBM-260533 Submittals: Raceway & Boxes for Electrical 10 17-Feb-23 02-Mar-23 APPR-260533 Approval: Raceway & Boxes for Electrical 15 03-Mar-23 23-Mar-23 PROC-260533 Procurement: Raceway & Boxes for Electrical 10 24-Mar-23 06-Apr-23 DELI-260533 Deliveries: Raceway & Boxes for Electrical 1 07-Apr-23 07-Apr-23 Transformer Transformer 121 17-Feb-23 08-Aug-23
SUBM-262413 Submittals: Transformer 15 17-Feb-23 09-Mar-23 APPR-262413 Approval: Transformer 5 10-Mar-23 16-Mar-23 PROC-262413 Procurement: Transformer 100 17-Mar-23 07-Aug-23 DELI-262413 Deliveries: Transformer 1 08-Aug-23 08-Aug-23 Panelboards and Signal Terminal Cabinets Panelboards and Signal Terminal Cabinets 46 17-Feb-23 21-Apr-23 SUBM-262416 Submittals: Panelboards 10 17-Feb-23 02-Mar-23 APPR-262416 Approval: Panelboards 15 03-Mar-23 23-Mar-23 PROC-262416 Procurement: Panelboards 20 24-Mar-23 20-Apr-23 DELI-262416 Deliveries: Panelboards 1 21-Apr-23 21-Apr-23 Lighting Lighting 62 17-Feb-23 15-May-23
SUBM-265100 Submittals: Interior Lighting 15 17-Feb-23 09-Mar-23 SUBM-260510 Submittals: Exterior Lighting 15 17-Feb-23 09-Mar-23 APPR-265100 Approval: Interior Lighting 21 10-Mar-23 07-Apr-23 APPR-260510 Approval: Exterior Lighting 21 10-Mar-23 07-Apr-23 PROC-265100 Procurement: Interior Lighting 20 10-Apr-23 05-May-23 PROC-260510 Procurement: Exterior Lighting 25 10-Apr-23 12-May-23 DELI-265100 Deliveries: Interior Lighting 1 08-May-23 08-May-23 DELI-260510 Deliveries: Exterior Lighting 1 15-May-23 15-May-23 Division 27 Division 27 57 17-Feb-23 08-May-23
Audiovisual Systems Specifications Audiovisual Systems Specifications 57 17-Feb-23 08-May-23 SUBM-274100 Submittals: Audiovisual Systems Specifications 15 17-Feb-23 09-Mar-23 APPR-274100 Approval: Audiovisual Systems Specifications 21 10-Mar-23 07-Apr-23 PROC-274100 Procurement: Audiovisual Systems Specifications 20 10-Apr-23 05-May-23 DELI-274100 Deliveries: Audiovisual Systems Specifications 1 08-May-23 08-May-23 Division 28 Division 28 57 17-Feb-23 08-May-23
Fire Alarm Voice Evacuation System Fire Alarm Voice Evacuation System 57 17-Feb-23 08-May-23 SUBM-283111 Submittals: Fire Alarm Voice Evacuation System 15 17-Feb-23 09-Mar-23 APPR-283111 Approval: Fire Alarm Voice Evacuation System 21 10-Mar-23 07-Apr-23 PROC-283111 Procurement: Fire Alarm Voice Evacuation System 20 10-Apr-23 05-May-23 DELI-283111 Deliveries: Fire Alarm Voice Evacuation System 1 08-May-23 08-May-23 08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Procurement: Ductwork
Deliveries: Ductwork
Submittals: HVAC Units
Approval: HVAC Units
Procurement: HVAC Units
Deliveries: HVAC Units
Submittals: Raceway & Boxes for Electrical
Approval: Raceway & Boxes for Electrical
Procurement: Raceway & Boxes for Electrical
Deliveries: Raceway & Boxes for Electrical
Submittals: Transformer
Approval: Transformer
Procurement: Transformer
Deliveries: Transformer
Submittals: Panelboards
Approval: Panelboards
Procurement: Panelboards
Deliveries: Panelboards
Submittals: Interior Lighting
Submittals: Exterior Lighting
Approval: Interior Lighting
Approval: Exterior Lighting
Procurement: Interior Lighting
Procurement: Exterior Lighting
Deliveries: Interior Lighting
Deliveries: Exterior Lighting
Submittals: Audiovisual Systems Specifications
Approval: Audiovisual Systems Specifications
Procurement: Audiovisual Systems Specifications
Deliveries: Audiovisual Systems Specifications
Submittals: Fire Alarm Voice Evacuation System
Approval: Fire Alarm Voice Evacuation System
Procurement: Fire Alarm Voice Evacuation System
Deliveries: Fire Alarm Voice Evacuation System
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 3 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
Division 33 Division 33 30 17-Feb-23 30-Mar-23
Water Utility Distribution Piping Water Utility Distribution Piping 30 17-Feb-23 30-Mar-23 SUBM-331100 Submittals: Water Utility Distribution Piping 10 17-Feb-23 02-Mar-23 APPR-331100 Approval: Water Utility Distribution Piping 10 03-Mar-23 16-Mar-23 PROC-331100 Procurement: Water Utility Distribution Piping 10 17-Mar-23 30-Mar-23 Storm Drainage Utilities Storm Drainage Utilities 25 17-Feb-23 23-Mar-23 SUBM-334000 Submittals: Storm Drainage Utilities 5 17-Feb-23 23-Feb-23 APPR-334000 Approval: Storm Drainage Utilities 10 24-Feb-23 09-Mar-23 PROC-334000 Procurement: Storm Drainage Utilities 10 10-Mar-23 23-Mar-23 Construction Construction 192 17-Feb-23 16-Nov-23
Mobilization & Project Set-up Mobilization & Project Set-up 5 17-Feb-23 23-Feb-23 MOB-100 Set Temp Fencing 2 17-Feb-23 20-Feb-23
MOB-110 Set-up Temp Utilities 3 21-Feb-23 23-Feb-23
MOB-120 Set-up SWPPP & Erosion Control 2 21-Feb-23 22-Feb-23 MOB-130 Safe-off Existing Utilities 2 21-Feb-23 22-Feb-23 Building Pad Building Pad 28 23-Feb-23 03-Apr-23
FND-500 Install U/G Fire Water 5 23-Feb-23 01-Mar-23
FND-510 Site Demolition 5 23-Feb-23 01-Mar-23
FND-520 Fire Wter Street Tie-in Service Transfer 5 02-Mar-23 08-Mar-23 FND-530 Overexcavate & Recompact 15 09-Mar-23 29-Mar-23 FND-540 Certify Building Pad 1 30-Mar-23 30-Mar-23
FND-550 Survey Control 2 31-Mar-23 03-Apr-23
U/G Utilities U/G Utilities 97 04-Apr-23 18-Aug-23
SU-300 Set Grease Trap 5 04-Apr-23 10-Apr-23
SU-310 Sewer Street Tie-in 5 04-Apr-23 10-Apr-23
SU-320 Install Site Sewer 5 11-Apr-23 17-Apr-23
SU-330 Install Storm Drain 4 18-Apr-23 21-Apr-23
SU-340 Install Domestic Water Line 4 24-Apr-23 27-Apr-23 SU-350 Install Gas Line 5 24-Apr-23 28-Apr-23
SU-360 Electrical Main Duct Bank MSB-XFormer 6 01-May-23 08-May-23 SU-370 Install Low Voltage Ductbanks 5 09-May-23 15-May-23 SU-380 Pull Low Voltage 3 16-May-23 18-May-23
SU-390 Set Transformer 5 09-Aug-23 15-Aug-23
SU-400 Pull Electrical Power Wire 3 16-Aug-23 18-Aug-23 Foundation Foundation 39 31-Mar-23 24-May-23
FND-600 U/G Electrical 4 31-Mar-23 05-Apr-23
FND-610 U/G Plumbing 7 04-Apr-23 12-Apr-23
FND-620 Excavate Grade Beams & Column Ftgs 4 13-Apr-23 18-Apr-23 FND-630 Beam Rebar & Formwork Pour 7 19-Apr-23 27-Apr-23 FND-640 Set Anchor Bolts 2 19-Apr-23 20-Apr-23
FND-655 Pour Ftgs & Grade Beams Pour 2 28-Apr-23 01-May-23 FND-660 Backfill Footings 2 02-May-23 03-May-23
FND-670 Cure Footings 10 02-May-23 11-May-23
FND-680 Underslab Electrical 5 04-May-23 10-May-23
FND-690 Form & Pour Stage Stem Walls 5 04-May-23 10-May-23 08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Submittals: Water Utility Distribution Piping
Approval: Water Utility Distribution Piping
Procurement: Water Utility Distribution Piping
Submittals: Storm Drainage Utilities
Approval: Storm Drainage Utilities
Procurement: Storm Drainage Utilities
Set Temp Fencing
Set-up Temp Utilities
Set-up SWPPP & Erosion Control
Safe-off Existing Utilities
Install U/G Fire Water
Site Demolition
Fire Wter Street Tie-in Service Transfer
Overexcavate & Recompact
Certify Building Pad
Survey Control
Set Grease Trap
Sewer Street Tie-in
Install Site Sewer
Install Storm Drain
Install Domestic Water Line
Install Gas Line
Electrical Main Duct Bank MSB-XFormer
Install Low Voltage Ductbanks
Pull Low Voltage
Set Transformer
Pull Electrical Power Wire
U/G Electrical
U/G Plumbing
Excavate Grade Beams & Column Ftgs
Beam Rebar & Formwork Pour
Set Anchor Bolts
Pour Ftgs & Grade Beams Pour
Backfill Footings
Cure Footings
Underslab Electrical
Form & Pour Stage Stem Walls
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 4 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
FND-700 Cure & Strip Stage Stemwall Forms 5 11-May-23 17-May-23 FND-710 Backfill @ Stage Area 5 18-May-23 24-May-23
Structure Structure 24 12-May-23 15-Jun-23
STR-800 Erect Structural Steel 5 12-May-23 18-May-23
STR-810 Plumb/Align/Weld Structural Steel 10 19-May-23 02-Jun-23 STR-920 Roof Deck 5 05-Jun-23 09-Jun-23
STR-830 Roof Deck Penetrations/Openings 4 12-Jun-23 15-Jun-23 Slab on Grade Slab on Grade 16 05-Jun-23 26-Jun-23
FND-370 Slab Sand & Base Rock 3 05-Jun-23 07-Jun-23
FND-260 Slab Rebar 5 08-Jun-23 14-Jun-23
FND-270 Slab Formwork 3 08-Jun-23 12-Jun-23
FND-380 Install Slab Vapor Barrier 3 08-Jun-23 12-Jun-23 FND-280 Slab on Grade Inspections 1 15-Jun-23 15-Jun-23 FND-650 Place Slab on Grade 1 16-Jun-23 16-Jun-23
FND-390 Form & Pour Curbs 3 19-Jun-23 21-Jun-23
FND-400 Install Slab Mounted and Divider Steel 3 22-Jun-23 26-Jun-23 Exterior Exterior 70 22-Jun-23 29-Sep-23
EXT-5000 Layout Walls & Sill Plate 2 22-Jun-23 23-Jun-23 EXT-5010 Exterior Stud Frame 10 27-Jun-23 11-Jul-23
EXT-5020 Exterior Metal Panels 20 12-Jul-23 08-Aug-23
EXT-5030 Exterior Window Frames 4 17-Jul-23 20-Jul-23
EXT-5040 Install Storefront Frames 5 17-Jul-23 21-Jul-23 EXT-5050 Sheet Metal Coping & Trim 5 09-Aug-23 15-Aug-23 EXT-5060 Canopy Framing 5 09-Aug-23 15-Aug-23
EXT-5070 Exterior Wainscot @ Drinking Fountain 5 09-Aug-23 15-Aug-23 EXT-5080 Canopy Sheet Metal Skin 5 16-Aug-23 22-Aug-23
EXT-5090 Exterior HI-Lo Drinking Fountain 3 16-Aug-23 18-Aug-23 EXT-5100 Metal Panel Sealants & Caulking 3 18-Aug-23 22-Aug-23 EXT-5110 Install Downspouts 4 23-Aug-23 28-Aug-23
EXT-5120 Exterior Paint 4 29-Aug-23 01-Sep-23
EXT-5130 Exterior Lighting 5 05-Sep-23 11-Sep-23
EXT-5140 Storefront Glass & Glazing 10 12-Sep-23 25-Sep-23 EXT-5150 Exterior Wall Mounted HVAC Units 5 18-Sep-23 22-Sep-23 EXT-5160 Install Drywells @ HVAC Units 2 25-Sep-23 26-Sep-23 EXT-5170 Exterior Set Pad Mounted HVAC Units 5 25-Sep-23 29-Sep-23 Roof Roof 25 16-Jun-23 21-Jul-23
RF-1310 Install Deck & Roof Insulation 4 16-Jun-23 21-Jun-23 RF-1350 Roof Skylights 8 22-Jun-23 03-Jul-23
RF-1330 Set Roof Flashing 3 05-Jul-23 07-Jul-23
RF-1340 Install Metal Panel Roofing 8 12-Jul-23 21-Jul-23 Rough-in's Rough-in's 56 22-Jun-23 11-Sep-23
RI-2000 Rough-in Fire Sprinklers 6 22-Jun-23 29-Jun-23
RI-2010 Install HVAC Duct 7 22-Jun-23 30-Jun-23
RI-2020 O/H Electrical Conduit 10 03-Jul-23 17-Jul-23
RI-2030 Install Exterior Door Frames 3 12-Jul-23 14-Jul-23 RI-2040 O/H Fire Alarm Conduit 5 18-Jul-23 24-Jul-23
08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Cure & Strip Stage Stemwall Forms
Backfill @ Stage Area
Erect Structural Steel
Plumb/Align/Weld Structural Steel
Roof Deck
Roof Deck Penetrations/Openings
Slab Sand & Base Rock
Slab Rebar
Slab Formwork
Install Slab Vapor Barrier
Slab on Grade Inspections
Place Slab on Grade
Form & Pour Curbs
Install Slab Mounted and Divider Steel
Layout Walls & Sill Plate
Exterior Stud Frame
Exterior Metal Panels
Exterior Window Frames
Install Storefront Frames
Sheet Metal Coping & Trim
Canopy Framing
Exterior Wainscot @ Drinking Fountain
Canopy Sheet Metal Skin
Exterior HI-Lo Drinking Fountain
Metal Panel Sealants & Caulking
Install Downspouts
Exterior Paint
Exterior Lighting
Storefront Glass & Glazing
Exterior Wall Mounted HVAC Units
Install Drywells @ HVAC Units
Exterior Set Pad Mounted HVAC Units
Install Deck & Roof Insulation
Roof Skylights
Set Roof Flashing
Install Metal Panel Roofing
Rough-in Fire Sprinklers
Install HVAC Duct
O/H Electrical Conduit
Install Exterior Door Frames
O/H Fire Alarm Conduit
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 5 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
RI-2050 Interior Wall Frame 10 18-Jul-23 31-Jul-23
RI-2060 Low Voltage Rough-in 5 01-Aug-23 07-Aug-23
RI-2070 Plumbing Wall Rough-in 6 01-Aug-23 08-Aug-23
RI-2080 Electrical Wall Rough-in 6 01-Aug-23 08-Aug-23
RI-2090 Instal Electrical Equipment 5 01-Aug-23 07-Aug-23 RI-2100 Door Interior Frames 2 01-Aug-23 02-Aug-23
RI-2110 Install O/H Coiling Door 2 01-Aug-23 02-Aug-23
RI-2120 Rough-in Inspections 1 09-Aug-23 09-Aug-23
RI-2130 Drywall 15 10-Aug-23 30-Aug-23
RI-2140 Pull Wire & Terminate 7 31-Aug-23 11-Sep-23
RI-2150 Install Light Fixtures 5 31-Aug-23 07-Sep-23
Finishes Finishes 90 19-Jun-23 24-Oct-23
General/Dining Area General/Dining Area 44 01-Aug-23 02-Oct-23 DN-110 Dining Area- Metal Stud Framing 7 01-Aug-23 09-Aug-23 DN-100 Dining Area- Install Hi-Lo Drinking Fountain 5 10-Aug-23 16-Aug-23 DN-140 Dining Area- Electrical & Plumbing Rough-in 5 10-Aug-23 16-Aug-23 DN-80 Dining Area-Drywall 12 17-Aug-23 01-Sep-23
DN-40 Dining Area- Paint Steel 5 05-Sep-23 11-Sep-23
DN-90 Dining Area- Paint 7 12-Sep-23 20-Sep-23
DN-10 Dining Area- Install Light Fixtures 5 21-Sep-23 27-Sep-23 DN-30 Dining Area- Doors & Hardware 5 21-Sep-23 27-Sep-23 DN-50 Dining Area- Electrical Trim 3 21-Sep-23 25-Sep-23 DN-60 Dining Area- Assitive Listening System 3 21-Sep-23 25-Sep-23 DN-70 Dining Area- Seal Concrete Floor 3 26-Sep-23 28-Sep-23 DN-20 Dining Area- Signage 2 28-Sep-23 29-Sep-23
DN-130 Dining Area- Floor Base 2 29-Sep-23 02-Oct-23
Kitchen Kitchen 87 22-Jun-23 24-Oct-23
KT-2000 Pour Walk-in /Freezer Slabs 3 22-Jun-23 26-Jun-23 KT-2010 Kitchen Walk-in/Freezer Reefer Piping 5 19-Jul-23 25-Jul-23 KT-2020 Install Kitchen Walk-in & Freezer Walls & Ceiling 5 01-Aug-23 07-Aug-23 KT-2030 Install Kitchen Hood Support Steel 5 01-Aug-23 07-Aug-23 KT-2040 Install Kitchen Hood 3 08-Aug-23 10-Aug-23
KT-2050 Ceiling Frame 5 08-Aug-23 14-Aug-23
KT-2060 Ceiling Drops 5 15-Aug-23 21-Aug-23
KT-2070 Ceiling Hardlid Tape & Finish 7 22-Aug-23 30-Aug-23 KT-2080 Prime Paint & One Coat Color 2 31-Aug-23 01-Sep-23 KT-2090 Fire Caulk & FRP Wall Penetrations 2 05-Sep-23 06-Sep-23 KT-2100 Controls Finish Trim 2 05-Sep-23 06-Sep-23
KT-2110 O/H Ceiling Inspections & Sign-off 2 07-Sep-23 08-Sep-23 KT-2120 Install Ceiling Grid 5 11-Sep-23 15-Sep-23
KT-2130 Acoustical Insulation 2 11-Sep-23 12-Sep-23
KT-2140 Doors & hardware 3 13-Sep-23 15-Sep-23
KT-2150 Complete Paint 4 18-Sep-23 21-Sep-23
KT-2160 Install Light Fixtures 3 18-Sep-23 20-Sep-23
KT-2170 Fire Sprinkler Trim 3 18-Sep-23 20-Sep-23
KT-2180 Install Ansul System 5 18-Sep-23 22-Sep-23
08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Interior Wall Frame
Low Voltage Rough-in
Plumbing Wall Rough-in
Electrical Wall Rough-in
Instal Electrical Equipment
Door Interior Frames
Install O/H Coiling Door
Rough-in Inspections
Drywall
Pull Wire & Terminate
Install Light Fixtures
Dining Area- Metal Stud Framing
Dining Area- Install Hi-Lo Drinking Fountain
Dining Area- Electrical & Plumbing Rough-in
Dining Area-Drywall
Dining Area- Paint Steel
Dining Area- Paint
Dining Area- Install Light Fixtures
Dining Area- Doors & Hardware
Dining Area- Electrical Trim
Dining Area- Assitive Listening System
Dining Area- Seal Concrete Floor
Dining Area- Signage
Dining Area- Floor Base
Pour Walk-in /Freezer Slabs
Kitchen Walk-in/Freezer Reefer Piping
Install Kitchen Walk-in & Freezer Walls & Ceiling
Install Kitchen Hood Support Steel
Install Kitchen Hood
Ceiling Frame
Ceiling Drops
Ceiling Hardlid Tape & Finish
Prime Paint & One Coat Color
Fire Caulk & FRP Wall Penetrations
Controls Finish Trim
O/H Ceiling Inspections & Sign-off
Install Ceiling Grid
Acoustical Insulation
Doors & hardware
Complete Paint
Install Light Fixtures
Fire Sprinkler Trim
Install Ansul System
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 6 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
KT-2190 Electrical Trim 4 22-Sep-23 27-Sep-23
KT-2200 Mechanical Trim 3 22-Sep-23 26-Sep-23
KT-2210 Fire Alarm Trim 3 22-Sep-23 26-Sep-23
KT-2220 Data & Comm Trim 2 22-Sep-23 25-Sep-23
KT-2230 Epoxy Floor Covering 5 22-Sep-23 28-Sep-23
KT-2240 Signage 2 22-Sep-23 25-Sep-23
KT-2250 Fire Extinguisher Cabinets 2 22-Sep-23 25-Sep-23 KT-2260 Install Fire Alarm Devices 3 22-Sep-23 26-Sep-23 KT-2270 Install Kitchen Equipment & Counters 4 25-Sep-23 28-Sep-23 KT-2280 Drop Ceiling Tiles 3 28-Sep-23 02-Oct-23
KT-2290 Plumbing Trim 3 29-Sep-23 03-Oct-23
KT-2300 Install Kitchen Fixtures 5 29-Sep-23 05-Oct-23
KT-2310 Kitchen Casework 5 29-Sep-23 05-Oct-23
KT-2320 Kitchen Equipment Plumbing Connections 5 06-Oct-23 12-Oct-23 KT-2330 Kitchen Equipment Electrical Connections 5 06-Oct-23 12-Oct-23 KT-2340 Kitchen Start-up & Test 2 13-Oct-23 16-Oct-23
KT-2350 Kitchen Health Dept. Inspections 3 17-Oct-23 19-Oct-23 KT-2360 Clean-up & Pre-punch 3 20-Oct-23 24-Oct-23
Stage Area Stage Area 84 19-Jun-23 16-Oct-23
STG-2000 Stage Area- O/H Electrical 10 19-Jun-23 30-Jun-23 STG-2010 Stage Area- Wall Frame 10 27-Jun-23 11-Jul-23
STG-2020 Stage Area- Install Operable Partition Steel Support 5 12-Jul-23 18-Jul-23 STG-2030 Stage Area- Electrical & Plbg Wall Rough-ins 5 12-Jul-23 18-Jul-23 STG-2040 Stage Area- Frame Ramp 7 12-Jul-23 20-Jul-23
STG-2050 Stage Area-Frame Hard Lid Ceiling 7 19-Jul-23 27-Jul-23 STG-2060 Stage Area- Drywall & Finish 10 21-Jul-23 03-Aug-23 STG-2070 Stage Area- MEP Hard Lid Ceiling Drops 5 28-Jul-23 03-Aug-23 STG-2080 Stage Area- Install Recessed Projector Screen 3 04-Aug-23 08-Aug-23 STG-2090 Stage Area- Drywall & Finish Hard Lid 10 09-Aug-23 22-Aug-23 STG-2100 Stage Area- Install Handrails 5 09-Aug-23 15-Aug-23 STG-2110 Stage Area- Paint 10 23-Aug-23 06-Sep-23
STG-2120 Stage Area- Install Ceiling Grid 7 07-Sep-23 15-Sep-23 STG-2130 Stage Area- Signage 3 07-Sep-23 11-Sep-23
STG-2140 Stage Area- Install Light Fixtures 5 18-Sep-23 22-Sep-23 STG-2150 Stage Area- Electrical Trim 5 18-Sep-23 22-Sep-23 STG-2160 Stage Area- Drop Tiles 5 25-Sep-23 29-Sep-23
STG-2170 Stage Area- Pull Wire & Terminate 7 25-Sep-23 03-Oct-23 STG-2180 Stage Area- Flooring 5 02-Oct-23 06-Oct-23
STG-2190 Stage Area- Install Operable Partition 3 09-Oct-23 11-Oct-23 STG-2200 Stage Area- Install Curtain 3 12-Oct-23 16-Oct-23 Restrooms Restrooms 44 10-Aug-23 11-Oct-23
RR-280 Restroom Flr Drywall/Tape/Finish Ceilings 10 10-Aug-23 23-Aug-23 RR-300 Restroom Set Drains 2 24-Aug-23 25-Aug-23
RR-380 Restroom Paint 3 24-Aug-23 28-Aug-23
RR-400 Restroom Electrical Trim 4 29-Aug-23 01-Sep-23
RR-320 Restroom FRP Walls 12 05-Sep-23 20-Sep-23
08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Electrical Trim
Mechanical Trim
Fire Alarm Trim
Data & Comm Trim
Epoxy Floor Covering
Signage
Fire Extinguisher Cabinets
Install Fire Alarm Devices
Install Kitchen Equipment & Counters
Drop Ceiling Tiles
Plumbing Trim
Install Kitchen Fixtures
Kitchen Casework
Kitchen Equipment Plumbing Connections
Kitchen Equipment Electrical Connections
Kitchen Start-up & Test
Kitchen Health Dept. Inspections
Clean-up & Pre-punch
Stage Area- O/H Electrical
Stage Area- Wall Frame
Stage Area- Install Operable Partition Steel Support
Stage Area- Electrical & Plbg Wall Rough-ins
Stage Area- Frame Ramp
Stage Area-Frame Hard Lid Ceiling
Stage Area- Drywall & Finish
Stage Area- MEP Hard Lid Ceiling Drops
Stage Area- Install Recessed Projector Screen
Stage Area- Drywall & Finish Hard Lid
Stage Area- Install Handrails
Stage Area- Paint
Stage Area- Install Ceiling Grid
Stage Area- Signage
Stage Area- Install Light Fixtures
Stage Area- Electrical Trim
Stage Area- Drop Tiles
Stage Area- Pull Wire & Terminate
Stage Area- Flooring
Stage Area- Install Operable Partition
Stage Area- Install Curtain
Restroom Flr Drywall/Tape/Finish Ceilings
Restroom Set Drains
Restroom Paint
Restroom Electrical Trim
Restroom FRP Walls
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 7 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
RR-330 Restroom Flooring 7 21-Sep-23 29-Sep-23
RR-370 Restroom Finish Plumbing Trim 5 02-Oct-23 06-Oct-23 RR-390 Restroom Install Toilet Partitions 2 09-Oct-23 10-Oct-23 RR-220 Restroom Install Toilet Accessories 1 11-Oct-23 11-Oct-23 Commissioning, Punch & Turnover Commissioning, Punch & Turnover 34 02-Oct-23 16-Nov-23 COM-110 Energize Electrical 3 02-Oct-23 04-Oct-23
COM-100 Low Voltage Testing 5 05-Oct-23 11-Oct-23
COM-247 Electrical Commissioning 3 05-Oct-23 09-Oct-23
COM-411 Program Fire Alarm & Pre-Test 5 10-Oct-23 16-Oct-23 COM-252 Lighting Controls Start-up /Programming 7 10-Oct-23 18-Oct-23 COM-120 Start-up Mechanical Equipment 5 10-Oct-23 16-Oct-23 COM-448 Low Voltage PA & Clock Test 5 12-Oct-23 18-Oct-23 COM-412 Test Controls 7 17-Oct-23 25-Oct-23
COM-414 Life Safety Inspections 5 17-Oct-23 23-Oct-23
COM-140 Pre-Functional Testing 5 17-Oct-23 23-Oct-23
COM-253 Lighting Controls Functional Testing 2 19-Oct-23 20-Oct-23 COM-418 NFPA 72 Fire Alarm Test & Sign-off 5 20-Oct-23 26-Oct-23 COM-413 Test & Balance 4 26-Oct-23 31-Oct-23
COM-262 EMS Integration /Programming 7 26-Oct-23 03-Nov-23 COM-416 Issue Balance Report 3 01-Nov-23 03-Nov-23
COM-255 Controls Functional Testing 3 06-Nov-23 08-Nov-23 COM-470 TLS/Subs Complt Pre-punchlist 5 07-Nov-23 13-Nov-23 COM-130 M&O Training 3 09-Nov-23 13-Nov-23
COM-415 Building Final 3 14-Nov-23 16-Nov-23
COM-150 Substantial Completion Notification 0 16-Nov-23 Site Work Site Work 138 02-May-23 14-Nov-23
North Ramp North Ramp 29 02-May-23 12-Jun-23
SW-N-200 Excavate Footings 3 02-May-23 04-May-23
SW-N-210 Ramp Footing Rebar 3 05-May-23 09-May-23
SW-N-330 Ramp Ftg Inspections 1 10-May-23 10-May-23
SW-N-220 Ramp Pour Ftgs 1 11-May-23 11-May-23
SW-N-230 Ramp Form Ramp Walls 3 12-May-23 16-May-23
SW-N-240 Ramp Wall Rebar 3 17-May-23 19-May-23
SW-N-250 Ramp Wall Complete Wall Form 1 22-May-23 22-May-23 SW-N-320 Ramp Wall Inspections 1 23-May-23 23-May-23
SW-N-260 Ramp Pour Walls 1 24-May-23 24-May-23
SW-N-270 Cure & Strip Walls 5 25-May-23 01-Jun-23
SW-N-280 Ramp Backfill Walls & Set Grade 2 02-Jun-23 05-Jun-23 SW-N-290 Ramp Slab Rebar 2 06-Jun-23 07-Jun-23
SW-N-310 Ramp Slab Inspections 1 08-Jun-23 08-Jun-23
SW-N-300 Ramp Pour Slab 1 09-Jun-23 09-Jun-23
SW-N-340 Ramp Install Handrails & Guardrails 1 12-Jun-23 12-Jun-23 Site finishes Site finishes 105 19-Jun-23 14-Nov-23
SW-2000 Site- Sawcut & Demo Entry Approaches 5 19-Jun-23 23-Jun-23 SW-2010 Site- Set Grade 7 26-Jun-23 05-Jul-23
SW-2020 Site- Form Entry Approaches 5 26-Jun-23 30-Jun-23 08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Restroom Flooring
Restroom Finish Plumbing Trim
Restroom Install Toilet Partitions
Restroom Install Toilet Accessories
Energize Electrical
Low Voltage Testing
Electrical Commissioning
Program Fire Alarm & Pre-Test
Lighting Controls Start-up /Programming
Start-up Mechanical Equipment
Low Voltage PA & Clock Test
Test Controls
Life Safety Inspections
Pre-Functional Testing
Lighting Controls Functional Testing
NFPA 72 Fire Alarm Test & Sign-off
Test & Balance
EMS Integration /Programming
Issue Balance Report
Controls Functional Testing
TLS/Subs Complt Pre-punchlist
M&O Training
Building Final
Substantial Completion Notification
Excavate Footings
Ramp Footing Rebar
Ramp Ftg Inspections
Ramp Pour Ftgs
Ramp Form Ramp Walls
Ramp Wall Rebar
Ramp Wall Complete Wall Form
Ramp Wall Inspections
Ramp Pour Walls
Cure & Strip Walls
Ramp Backfill Walls & Set Grade
Ramp Slab Rebar
Ramp Slab Inspections
Ramp Pour Slab
Ramp Install Handrails & Guardrails
Site- Sawcut & Demo Entry Approaches
Site- Set Grade
Site- Form Entry Approaches
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 8 of 9 Run Date 14-Feb-23
Activity ID Activity Name Orig
Dur
Start Finish
SW-2030 Site- Sawcut & Demo A/C Pavement 5 26-Jun-23 30-Jun-23 SW-2040 Site- Entry Approach Rebar 5 03-Jul-23 10-Jul-23 SW-2050 Site- Install Fence Posts 5 06-Jul-23 12-Jul-23 SW-2060 Site- Excavate CMU Wall Ftgs 3 06-Jul-23 10-Jul-23 SW-2070 Form & Pour HVAC Equpment Pad 5 06-Jul-23 12-Jul-23 SW-2080 Site - Irrigation Rough 7 06-Jul-23 14-Jul-23
SW-2090 Site- Trash Enclosure Walls 7 11-Jul-23 19-Jul-23 SW-2100 Site- Pour Entry Approaches 5 11-Jul-23 17-Jul-23 SW-2110 Site- Form & Pour CMU Wall Ftgs 5 11-Jul-23 17-Jul-23 SW-2120 Site- CMU Walls 7 18-Jul-23 26-Jul-23
SW-2130 Site- Parking Lot Concrete Swale 5 18-Jul-23 24-Jul-23 SW-2140 Site- Form & Pour Hardscape & Curbs 20 29-Aug-23 26-Sep-23 SW-2150 Site- Install Fencing 7 27-Sep-23 05-Oct-23
SW-2160 Site- Install Sliding Gate 5 27-Sep-23 03-Oct-23 SW-2170 Site - Paint & Finishes 5 27-Sep-23 03-Oct-23
SW-2180 Site- Set Base 5 27-Sep-23 03-Oct-23
SW-2190 Site - Irrigation Finish 5 27-Sep-23 03-Oct-23
SW-2200 Site- A/C Pave 5 04-Oct-23 10-Oct-23
SW-2210 Site - Plant Trees 5 06-Oct-23 12-Oct-23
SW-2220 Site- AC Pave Cure 15 11-Oct-23 31-Oct-23
SW-2230 Site - Install Turf 5 13-Oct-23 19-Oct-23
SW-2240 Site- A/C Pave Slurry Seal 5 01-Nov-23 07-Nov-23 SW-2250 Site- Parking Lot Striping & Signage 5 08-Nov-23 14-Nov-23 08 15 22 29 05 12 19 26 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 03 10 17 24 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13
January February March April May June July August September October November December January Site- Sawcut & Demo A/C Pavement
Site- Entry Approach Rebar
Site- Install Fence Posts
Site- Excavate CMU Wall Ftgs
Form & Pour HVAC Equpment Pad
Site - Irrigation Rough
Site- Trash Enclosure Walls
Site- Pour Entry Approaches
Site- Form & Pour CMU Wall Ftgs
Site- CMU Walls
Site- Parking Lot Concrete Swale
Site- Form & Pour Hardscape & Curbs
Site- Install Fencing
Site- Install Sliding Gate
Site - Paint & Finishes
Site- Set Base
Site - Irrigation Finish
Site- A/C Pave
Site - Plant Trees
Site- AC Pave Cure
Site - Install Turf
Site- A/C Pave Slurry Seal
Site- Parking Lot Striping & Signage
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone Sierra Vista -Multi Purpose Building
Baseline Schedule
Data Date:22-Jan-23 Page# 9 of 9 Run Date 14-Feb-23
R = Rain / Rain Delay TBD
Work Schedule = 5 Days / 8 HR Days M T W Th F S S M T W Th F S S M T W Th F S S M T W Th F S S RESPON. ACTIVITIES Duration8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 1 2 NOTES Milestones
Notice to Proceed 1
Award Subcontractors 1
Submittal Complilation 5
Procurement - Plumbing Fixtures 5
Procurement - Ceramic Tile 5
Procurement - Countertops 5
Procurement - Misc 5
X
Phase 1 Restroom
Submiital Approval 5
Phase 1 Restroom Demolition 3 X X X X X X X X X
Framing 3
Rough Plumbing 3
Rough Electrical 3
Drywall and Taping 5
Ceramic Install 10
Toilet Screens and Partitions 3
Millwork 3
Finish Electrical 2
Paint 2
Division 8: Glass 2
Closeouts 2
Phase 1 Restroom
Submiital Approval 5
Phase 1 Restroom Demolition 3 X X X X X X X X X
Framing 3
Rough Plumbing 3
Rough Electrical 3
Drywall and Taping 5
Ceramic Install 10
Toilet Screens and Partitions 3
Millwork 3
Finish Electrical 2
Paint 2
Division 8: Glass 2
Closeouts 2
The KYA Services LLC
1800 E Mcfadden Ave Ste 2
Santa Ana, CA 92705
P: 714-586-5543 F: 714-586-5544 C: 562-666-6988
Lic #1001904 C15 & C54, exp. 03-31-25 DIR #1000017376 exp 06-30-25 CLIENT: PROJECT:
Montebello Bus Lines Montebello Bus Lines RR Renovation Attention: Cesar Lopex
Email:
DATE:
Description:
GENERAL CONDITIONS
Permits and Approvals
Safety Compliane
Site Conditions
Demolitiom
Contract Documents
Shop Drawings
74,000.00$
TILE T-1 Emser Tile Color TBD 12" x 24" Floor - $6 Per SF 144,800.00$ T-2 Emser Tile Color TBD 6" x 6" Shower Floor - $8 per SF T-3 Emser Tile Color TBD 12" x 24" Walls - $6 Per SF
TR-1 Schluter Dilex AE Cove Pieces
TR-2 Schluter Dilex Scheine Corners Inside and Outside
TR-3 Schluter Schiene AE Tile Trim
Float Floor 1"-2" TCNA F112
RG RedGard Waterproofing and Crack Isolation Membrane Roll On Demo all existing tile and Dispose of debri
Install new Denshield
PLUMB Reconfigure Plumbing 59,850.00$
Install New Shower Fixtures
New Urinals
New Toilets
New Lavaotry's
New Trap Primers
Excavation and Sand Backfilll
Provide access Panes for plumbing
Manufactures warranties
FRAMING Reframing at damaged areas only 9,750.00$
PAINT Painitng Of Ceilings only at Restrooms, includes primers 5,790.00$ TOIL. Toilet Compartments and Screens 5 Restrooms 23,870.00$ SCRN. Restroom Accessories per plans & Specs
MILL Restroom Countertops - Quart Calacatta
WORK Fabricated Millwork for Bathroom Vanities 17,050.00$ ELC. Restrooms Demo all the lights and install new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and Exchange fan 10.5W
Change new light switches
All Lights Surface mounts will be demolitioned $ New can lights will be nstalled 23,640.00$ 08/31/23
Scope of Work:Construction of new 4 restrooms with new tile,paint,plumbing,framing,toilet screens,millwork,electrical,new mirrors
MIRROR
10,800.00$
SCOPE: TO REMOVE EXISTING DAMAGED
MIRRORS AND INSTALL NEW ONTO RESTROOM
WALL
1/4" MIRROR 108" X 60"HT CUSTOMER PROVIDED
MEASUREMENTS
1/4" CLEAR MIRROR
FLAT POLISH EDGES
2 1/4" MIRROR 60" X 60"HT CUSTOMER PROVIDED
MEASUREMENTS
1/4" CLEAR MIRROR
FLAT POLISH EDGES
2 MISC. MIRROR MASTIC
LABOR MATERIAL, TAX, AND LABOR TO REMOVE
Total Price 369,550.00$
Exclusions:
Fire Protection
Access Panels
Premuim Time
Concrete Slab EX Ray and Chipping
Slurry Back Fill
Cathodic protection tha includes electrical bonding and isolation of cast iron pipe and fittings Thank you for giving Progressive Surface Solutions, LLC the opportunity to do business with you! Add Alternates PRICING:
1) -$
2) -$
3) -$
QUALIFICATIONS:
Price includes applicable taxes. Progressive Surface Solutions LLC. is Union with Local #1247 & #4 and all prevailing wage rates are included in the price. "California Stewardship Assessment" fee is included in the contract price, for further information go to; www.calrecycle.ca.gov/ Work to be performed during normal business hours Mon. - Fri. unless otherwise noted.
Price excludes: asbestos abatement, removal of existing furniture, removal of existing flooring, excessive floor preparation, floor leveling, scraping or grinding, moisture vapor testing or vapor protection, heat, power, lights, cleaning, waxing, and protection.
Sincerely, Represented and accepted by: Date:
Andy Gastelum Printed Name
619*592*0262 Signature
Floor Sealers and Coatings, Intumescent Coatings, Lead and Asbestos Abatement, Cabinets, Millwork, Stains, Clear Coats, Pre Finished Items, Powder Coatings, Anti-Graffiti Coatings,
High Performance/Special Coatings, Acoustic T-Bar Ceilings.
This quote excludes all backing, blocking, anchor plates, caulking, any mirrors not noted above, pipe
wrap / under lav. Guards, installation of hand dryers (FOB jobsite only), fillers of any kind, items not shown
on plans, signs, electrical, demolition, any patching / repairing of floor / wall / ceiling, final cleaning,
plumbing, jobsite security, after hours – night and weekend work, waiver of subrogation and bond.
This Quotation is based on our interpretation of the plans & specifications. If not accepted within 60 days of the date
stated above this quotation is void. Seller reserves the right to withdraw this proposal at any time or to correct errors or make
revisions. Any alterations or deviations from above specifications involving extra costs will be executed upon and will become an
extra charge over and above this estimate. Adequate backing by others is to be furnished in order to provide proper installation.
Price includes standard insurance coverage of $1,000,000.00 per occurrence. Any coverage greater than this amount will be an
additional fee.
If Waiver of Subrogation required, please add $300.00 to contract
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4127
WITH KYA SERVICES, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on September 27 , 20 23 (“Effective Date”), by and between the CITY OF MONTE BELLO, a California municipal corporation ( the “CITY”) and KYA Services, LLC, a California co rporation (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
W HEREAS , the CITY desires to retain a qual ified professional CONTRACTOR to provide restroom renovation services to the Operation Division at the Transportation Facility; and
WHE REAS, the CONTRACTOR represents that it is fully qualified to perform such services by vi rtue of its experi ence and the training, education and expertise of its principals and employees; and
W
HEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within Califor nia 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 W
HEREAS, no official or employee of the CITY has a financial inte rest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
W
HEREAS, CONTRACT OR responded to CITY’s Request for Proposal dated May 25 , 2023 (“RFP No. 23- 14”), as such is set forth fu lly in Exhibi t “A” hereto and incorporated fully herein by this r eference (hereinafter “Cont ractor Proposal”).
NOW THEREFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1 . INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A.
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 or der of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. Thi
s Agreement comprised of Sections 1 through 25.
b. RFP No. 23-14, attached hereto as Exhibit “A.”
c. CO
NTRACTOR’S Proposal to RFP No. 23-14 dated July 20, 2023, at
tached hereto as Exhibit “B”.
d. CONTRACTOR’S “Best and Final Offer” t o RFP No. 23 -14 dated August 31, 2023, attached hereto as Exhibit “C”.
ATTACHMENT D
PROFESSIONAL SERVICES AGREEMENT NO. 4127
e. All other documents, including but not limit ed to all applicable bonds, insurance certificates, permits, n otices, schedules, forms, certifications, and affidavits.
B. 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 precedence.
SECTION 2. S ERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP No. 2 3-14 and Contractor ’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this r eference ( hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed- upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a sum not-to-exceed Three Hundred Sixty-Nine Thousand, Five Hundred and Fifty Dollars ($369,550) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “ C”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Serv ices set forth herein. Paym ent in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen ( 15) days o f invoice date by written notice spec ifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
F. Contingency Funding. CONTRACTOR ackno wledges and
understands that CITY has reserved contingency funds to be awarded to CONTRACTOR in addition to the Compensation defined above if and only if all of the following conditions are met:
1) U pon inspecti on of CITY ’s Transportation restrooms, CONTRACTOR, using its best and experienced judgment det ermines that CITY requires additional subcomponents, equipment, and infrastructure not included in Exhibit “A and B”; and
2) CONTRACTOR submits in writing t o CI TY work spec ifications an d projected costs associated with extra equipment, products, or services; and
3) CITY has an opportunity to review, comment, and request revisions and/or recommendations to such equipment, products, or services; and
PROFESSIONAL SERVICES AGREEMENT NO. 4127
4) C ITY approves th e purchase of such equ ipment, products, or services and both Parties execute a binding “First Am endment” to this Agreement for the purpose of awarding CONTRACTOR additional funding from CITY’s approved Continency Amount in an additional amount of up to, and including, Fifty Thousand Dollars and Zero Cent s ($50,000); and
5) CONTRACTOR receives a written Notice to Proceed from CITY specifically for the requested equipment, products, or services.
SECTION 3. T ERM.
This Agreement shall commence on September 27 , 2023 , and shall terminate upon completion o f the Scope of Services set forth herein; provided suc h shall be on or before January 31, 202 4 (“Date of Completion”), unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.
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. The CONTRACTOR shall at all tim es, faithfu lly, competently, and to t he best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR sh all employ, at a minimum, genera lly accepted standards a nd practices utilized by companies engag ed in providing sim ilar services, as a re required of CONTRACTOR hereunder, in meeti ng its o bligations under this Agreement.
c. The CONTRACTOR sh all be knowledgeable of a nd su bject to a ll CI TY ordinances, rul es and regul ations, standard oper ating pr ocedures, and t he supervisory chain of command.
d. The CONTRACTOR shall have t he rig ht to retai n, subj ect to the CITY's ap proval, a dditional individuals, contractors or sub contractors to assist in the compl etion of services as herein define d. C ompensation for addition al individuals, contractors or sub contractors sh all be the sole and excl usive
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responsibility of the CONTRACTOR.
e. The CONTRACTOR sh all re tain al l original report s, fiel d an d offi ce notes, correspondence, calcul ations, maps , an d other documents specificall y related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to t he a ttorney- client privilege or any other law. Said do cuments sh all be made ava ilable for inspection by the CITY upon request.
SECTION 6. WOR K 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 written 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, i ts 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. EXTR A SERVICES.
No ex tra ser vices over and above the Compensation shall be rendered by the CONTRACTOR under this Agreemen t unless such extra servi ces first shall have been d uly authoriz ed in wri ting by t he CITY’s City Manager (the “City Manager”).
SECTION 8. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and sh all be the CITY’s agent with r espect to obtaining the CONTRACTOR’s compliance hereunder.
SECTION 9. T ERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this A greement at the time and i n the manner required, the non-defaulting party
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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 pr ovisions 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 aft er the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) d ays cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said cont ract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY for any excess c ost occasioned in the event of any such termination. This change shall not be construed t o prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for caus e, the 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 . T he CITY shall have t he option, at its sole discretion and without cause, to terminate this Agreement in wh ole, or in part, by giving t en ( 10) business day s’ written n otice to the CONTRACTOR. Upon the termination of this A greement as pro vided herei n, t he CITY sh all provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR f or services the CONTRACTOR had compl eted as of t he date of termination, l ess t he amou nt of al l pre vious payment with r espect to t he Compensation. Further, upon such a termination for convenience by the CITY, the Parties agr ee th at t he CONTRACTOR sh all be reimbur sed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: ( 1) such “non- refundabl e” costs w ere i ncurred by the CONTRACTOR prior to the date of termination, and ( 2) th at the CONTRACTOR provides t he CITY with adequat e proof that the CONTRACTOR incurred the costs, and is una ble to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR f or its perfo rmance of services u nder this Agreement . The CO
NTRACTOR agrees t o cease all w ork under this Agreement on o r b efore t he effective date of any notice of termination.
SECTION 10. EMP LOYMENT OF CITY EMPLOYEES.
No regul ar employ ee of t he CITY sh all be employ ed by the CONTRACTOR during the term of this Agreement.
SECTION 11. NON- LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which m ay become due to the CONTRACTOR.
SECTION 12. I NDEPENDENT CONTRACTOR.
a. T he CONTRACTOR is and shall , at al l times, remain as t o the CITY a
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wholly independent c ontractor. Neither t he CITY nor an y of its el ected o fficials, officers, employee s, or a gents sh all h ave control o ver t he conduct of t he CONTRACTOR except as ex pressly set forth in this Agreeme nt. Th e CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elect ed official, o fficer, employ ee, or agent of t he CITY. N o employee benefits sh all be availa ble to the CONTRACTOR in connecti on with the performan ce of this Agreement. Except as provided in this A greement, the CITY shall not pay salary, wage s, or other compensation to the CONTRACTOR for performance hereund er f or the CITY, the CITY shall not b e liable for compensation to the CONTRACTOR, the CONTRACTOR’s em ployees o r the CONTRACTOR’s sub contractors f or injur y or sickness arisi ng out o f performing services hereunder.
b. T he
parti es fu rther ackno wledge and agr ee that nothi ng in this Agreement sh all create or be constr ued to create a partnership, joint ventur e, employment rel ationship or a ny other rel ationship e xcept as set f orth in this Agreement.
c. T he CITY sh all not dedu ct fr om t he Compe nsation paid to the CONTRACTOR a ny sums requir ed for S ocial S ecurity, withholding tax es, FICA, state disa bility insurance or any other fed eral, state or l ocal t ax or charge which may or may not be in effect or hereina fter enact ed or requir ed as a charg e or withholding on t he compensation p aid to the CONTRACTOR. The CITY sh all have no r esponsibility t o p rovide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 13. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such f act a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this A greement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and r egulations applicable to CalPERS annuitants.
b. In t he
event that the CONTRACTOR or any employee, agent, or
subcontractor of the CONTRACTOR providing services under this Agreement claims o r is d etermined by a court of competent jurisdiction or CalPERS t o be eligible for enro llment i n CalPERS as an employee of t he CITY, the CONTRACTOR sh all ind emnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions f or CalPERS benefits on behalf of the CONTRACTOR or its employees, agents, or sub contractors, as well as for t he payment of a ny p enalties and i nterest on such con tributions, which would ot herwise be t he responsibility of the CITY.
c
. N otwithstanding any other agency, state or feder al p olicy, rul e, regulation, law or ordinance to t he co ntrary, the CONTRACTOR and any of its
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employees, a gents, a nd sub contractors providing service under this A greement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit , o r an y i ncident o f employment by the CITY, including but not limited to e ligibility to enroll in P ERS as an employee o f the CITY and entitl ement to any con tribution to be p aid by the CITY f or employ er contribution and/or employee contributions for PERS benefits.
SECTION 14. LEGA L RESPONSIBILITIES.
The CONTRACTOR shall at all tim es observe and comply with all app licable laws, ordinances, c odes, and reg ulations of the f ederal, stat e, and loc al g overnments including, but not limited to the Montebe llo Mu nicipal Cod e. T he CITY, and its appointed or elected officers, employees, or agents, shall not be liable at l aw or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 15. I NDEMNIFICATION.
The CONTRACTOR agrees to, and sh all d efend, ind emnify, protect a nd h old harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteer s from and ag ainst an y a nd all claim s, demands, lawsuit s, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may b e impo sed upon them for injuries or deaths of persons, or dama ge t o property to the extent caused by the CONTRACTOR’s neg ligent or wrongful act, or omission under the terms of this Agreement.
SECTION 16. I NSURANCE COVERAGE.
a. D uring t he term of this Agreement, the CONTRACTOR shall carry, maintain, and kee p in ful l force and e ffect i nsurance agai nst claims f or de ath or injuries to p ersons or damages to property that m ay arise from or in connection with CONTRACTOR’s performance of this Agreement. S uch insurance shall be of the types and in the amounts as set forth below:
• Commercial Gen eral Liabil ity (CGL) : Insurance Services O ffice Form CG 00 01 covering CGL on an “occurr ence” basis for bodily injury and property damage, including products -completed operations, personal injury , and advertising injury, with limits no les s than Two Million Dollars and Zero Cents ($2,000,000), combined single li mits, per occur rence. If a g eneral aggregate limit applies, the limit shall be twice the required oc currence limit.
• Business Aut omobile Lia bility Ins urance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 ( non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as requir ed by t he laws of t he State o f California, with St atutory L imits, and Employ er’s Lia bility I nsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professi
onal Lia bility insurance appropriate to the
PROFESSIONAL SERVICES AGREEMENT NO. 4127
CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Such coverage may be co mbined with the Commercial General Liability limits.
b. The CONTACTOR sh all require each of its sub contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
c. T he p olicy or p olicies requir ed by this A greement sh all be issued by an insurer admitted in the State of California and with a current r ating of at least A :VII in the latest edition of Best's Insurance Guide.
d. E ach insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has be en giv en to t he C ITY. The CONTRACTOR agrees that if it does no t keep the aforesaid insurance in full force and e ffect the CITY may either (i) immediately terminate this A greement for Cause; or (ii) take out t he necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
e. E
vidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and upon renewal of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
f. Coverage shall n ot be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer t o the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement , the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof tha t p olicies of insurance required herein e xpiring duri ng t he term of this Agreement have be en renew ed or replaced wit h other policies providing at least t he same coverage. S uch proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers shall be included as additional insureds, to the extent of
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CONTRACTOR’S indemnification obligations under this Agreement and up to the required insurance coverage amount, on the CONTRACTOR’s general liability and automobile policies of insurance
j. T he general liability and automobile policies of insurance required b y this Agreement sh all contain an endorsement including the CITY, its officers, employees, agents and volunteers as additional insureds where required by written contract. Coverage may be provided by a blanket endorsement that covers additional insureds where required by written contract. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The 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.
k. T he i nsurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. A ny i nsurance or self-i nsurance maintained by the CITY, its o fficers, employees, agents, or volunteer s, sh all be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All i nsurance cov erage pro vided pursua nt t o this A greement sh all n ot prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, fr om waiving t he right of subrogati on prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
m. A ny deductibles or self-insured retentions must be declared to and approved by the CITY. Approval of self -insured retentions and deductibles shall not be unreasonably withheld upon CONTRACTOR’s demonstr ation of financial capacity to carry said deductibles and self-insured retentions. At the option of the CITY, the CONTRACTOR shall procure a financial guarantee of CONTRACTOR’s parent company guaranteeing payment of losses and related claims investigation, administration and defense expenses that fall within the policy self -insured retentions and deductibles.
n. Pr ocurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full perfo rmance of CONTRACTOR’s duti es to indemnify, h old ha rmless an d defend und er the indemnity covenants of this Agreement.
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).
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b. Prevailing Wage Laws.
i. In accordance with California Labor Code (“Labor Code”) section 1770 et seq., the director of the Department of Industrial Relations (DIR) of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in CITY’s Department of Public Works (“Public Works”) and is hereby incorporated in this Agreement. CONTRAC TOR is required to post a copy of such wage rates at all times at the contract site.
ii. In accordance with the provisions of Labor Code section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty-Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
iii. CONTRACTOR also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply with all statutory requirements relating to the employment of apprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6.
iv. CONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.
v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.
c. Contractor Registration with DIR. Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, be awarded a public works contract or engage in the performance of any contract for public work (as defined 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 notices required by law.
d. Type of Contractor License(s). 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”
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.
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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.
The CONTRACTOR shall n ot subcon tract, d elegate, or assig n its duties or rights hereunder, either in whole or in pa rt, without the prior written consent of the 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 su bcontract, d elegation or assignment sh all be made in t he name o f the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any o bligations und er this Agreement i ncluding, bu t n ot limited to, t he duty to prop erly supervise and coordinate the w ork of employees, assignees, d elegees or sub-contractors. No such subco ntract, d elegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 19. NO WA IVER.
Waiver by any p arty hereto of any te rm, condition or covenant of this Agreemen t shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 20. DI SPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding t he interpretation or appli cation of an y p rovision(s) of thi s Agreement shall, to t he extent reasonably feasible, be resolved through good faith negotiations between the P arties. If any action at la w or in equity is broug ht t o enforce this Agreement or b ecause of a lleged disput e, breach, default o r misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action sh all be entitl ed to reasona ble attorney’s fee s, expert fees, costs a nd necessar y d isbursements i ncurred in that action or proceeding, in addition t o
such other relief as m ay be soug ht and aw arded. T he venue f or any litigation sh all be County of Los Angel es, Ca lifornia. T he Parti es agr ee that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 21. ATTORN EY’S FEES AND COSTS.
If litigation is reasona bly requir ed to enforce or i nterpret t he provisions of thi s Agreement, t he prevailing pa rty in such litigation sh all be entitl ed to an award o f reasonable attorney's fees and costs in additi on to any other relief to which it m ay be entitled.
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SECTION 22. WA RRANTIES.
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 h as relied solely on the stateme nts 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 per son 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. MI SCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shal l 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 respec t, 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 agreem ent 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 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.
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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 via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepaid, register ed or c ertified, addr essed as h ereinafter pro vided. All notices, demands, requests, or approvals hereund er sh all be giv en t o the fo llowing addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Arlene Salazar, Acting City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Adrianna Kendricks, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 201
[email protected]
If to Contractor: KYA Services, LLC
Attn: Brooks Berry, CFO
1800 E. McFadden Ave, Ste #2
Santa Ana, CA 92705
(714) 497 - 6069
[email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In t he perfo rmance of this A greement, the CONTRACTOR shall no t discriminate against any employee, sub-contractor, or app licant f or employment because o f race, color, creed, re ligion, sex, marital st atus, national origin, ancestry, age , p hysical or ment al h andicap, ment al co ndition or sexua l orientation. The CONTRACTOR will take affi rmative action t o e nsure that sub- contractor an d a pplicants are employed, a nd that employees are treat ed d uring employment, without regard to their race, color, cree d, religion, sex, marital status, national origi n, a ncestry, age, physi cal or menta l h andicap, medical co ndition or sexual orientation.
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SECTION 26. CONFLICT OF INTEREST.
The CONTRACTOR 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 perfo rmed by the CONTRACTOR under this A greement, or which wo uld conflict in an y manner wit h the p erformance of its services hereunder. The CONTRACTOR fu rther co venants th at, in perf ormance of this A greement, no person havi ng an y su ch interest sh all be employed by it. Fu rthermore, the CONTRACTOR sh all a void t he appearance of havi ng an y interest that wo uld conflict in any manner with th e p erformance of its services pursuan t to this Agreement.
The CONTRACTOR covenants not to give or r eceive any compensation, monetary or otherwise, to or from the ultim ate vendor(s) of services to the CITY as a r esult of t he p erformance of this Agreeme nt, or t he servi ces that m ay be procured by t he CIT Y as a r esult of t he recommendations mad e by the CONTRACTOR. The CONTRACTOR's co venant unde r this secti on sh all sur vive the termination of this Agreement.
SECTION 27. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes 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 justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.
SECTION 28. ENTIRE AGREEMENT.
This A greement contai ns t he e ntire u nderstanding between t he CITY a nd the CONTRACTOR. A ny prior agreements, promises, negotiations or represent ations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writi ng and signed by each party. If an y term, conditi on, or covenant of this A greement is h eld by a court of competent jurisdiction to be inva lid, voi d, or unenforceabl e, t he remaini ng provisions of thi s Agreement shall be valid and binding.
[S
IGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4127
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO , a California
municipal corporation
KYA Services, LLC, a California
corporation
Arlene Salazar, Acting City Manager Brooks Berry, CFO
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 23-14
• Exhibit B – Contractor’s Proposal to RFP No. 23-14 dated July 20, 2023
• Exhibit C – Contractor’s “Best and Final Offer” to RFP No. 23- 14 dated August 31, 2023
Exhibit “A”
RFP No. 23-14
Exhibit “B”
CONTRACTOR’S PROPOSAL TO
RFP NO. 23-14 DATED JULY 20, 2023
Exhibit “C”
CONTRACTOR’S “BEST AND FINAL OFFER” TO
RFP NO. 23-14 DATED AUGUST 31, 2023
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE A LAND LEASE AGREEMENT WITH THE CITY OF BELL
FOR THE INSTALLATION OF A RADIO MICROWAVE LINK
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve a Land Lease Agreement between the City and the City of Bell for installation of a radio microwave link on a certain designated space on the City's radio communications tower located at the Prime/Reservoir Radio Site at 1343 North Montebello Boulevard; and,
2. Authorize the Acting City Manager to execute the Land Lease Agreement with the City of Bell; and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The land lease agreement will have an annual lease payment of $6,000, over a 5-year term, adjusted beginning in the second year of the agreement by the change in the Consumer Price Index (CPI), for a total of at least $30,000 over the life of the agreement. The attached lease agreement (Attachment A) contains details on the "rent" paid, see Sections 4 and 5 as well as Exhibit A. This is a new source of General Fund revenue and will be recorded with other radio communications related lease/use revenue.
BACKGROUND/DISCUSSION:
In the early 1990's, the Montebello Fire Department established the Public Safety Communication Division. During this early period, the system had a relatively small
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
coverage map, serving largely just the City of Montebello and the immediate surrounding areas.
The Public Safety Communication Division plays a role in supporting public safety agencies, regardless of size or discipline, law enforcement, fire, emergency medical services, public works/utilities, and public safety answering points/dispatch centers. Montebello’s geographic location and topographical layout provided an opportunity to start building a radio system to provide enhanced radio coverage for Montebello’s Police, Transit and Fire Departments, as well as that of surrounding agencies.
Over the next 12 years, the radio system expanded with towers located in Whittier and Monterey Park in order to provide a wider coverage map and better service. In 2003, the Montebello Fire Department joined its system with seven other cities to create a Joint Powers Authority (JPA): the Interagency Communications Interoperability (ICI) System.
This system of radio towers and infrastructure allows the uninterrupted use of radios throughout the entire County of Los Angeles. The ICI system provides a basic level of operability, interoperability, and reliability with other public safety responders, along with various features for security and accessories based on their position and responsibilities.
The City of Montebello's Fire Department and the City of Bell Police Department met with the intention of providing additional support to the City of Bell Police Department, in order to provide better communications coverage for their police officers. One of the components necessary for this upgrade in communications ability is for the City of Bell Police Department’s Dispatch Center to have a connection to the ICI System core, which requires a circuit path to be established. In most instances, a microwave link is the primary source, and a leased circuit path through Spectrum is used as a backup. The City of Bell Police Department only has the Spectrum path as the backup, lacking a primary connection.
The City of Bell was able to obtain funding for improving their communication’s primary connection and to establish a microwave link between the City of Bell and Montebello.
Therefore, a Land Lease Agreement between the City of Montebello and the City of Bell allows connection of their dispatch consoles to the ICI System via installation of a microwave on the tower located at the Prime/Reservoir Radio Site at 1343 North Montebello Boulevard. The Land Lease Agreement provides the City of Bell Police Department with radio system access to the Montebello Radio Site through placement of a microwave on the tower.
ENVIRONMENTAL:
Find that the proposed action is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 21065 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required for the project.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
ANALYSIS:
The Montebello Radio Site was chosen after being analyzed by Staff from the Montebello Fire Department's Public Safety Communication Division and the City of Bell Police Department to determine the most advantageous route for the radio system. The attached Land Lease Agreement (Attachment A) has been reviewed by the City Attorney's office. The City of Bell is presenting the same agreement to their City Council for approval.
SUMMARY:
That the City Council authorize the Acting City Manager to execute the Land Lease Agreement between the City of Montebello and the City of Bell, which would enable placement of a microwave link on the communication tower located at 1343 N.
Montebello Blvd, as well as provide "rent" payments to the City in an annual base amount of $6,000, adjusted by the change in CPI beginning in the second year of the five-year agreement.
ATTACHMENT(S)
1. Attachment A - Lease Agreement
NEXT STEPS:
N/A
ATTACHMENT A
COMMUNICATIONS TOWER LAND LEASE AGREEMENT NO. _____
BY AND BETWEEN THE CITY OF MONTEBELLO
AND
CITY OF BELL
This Communications Tower Land Lease Agreement (“Lease Agreement”) is made by and between THE CITY OF MONTEBELLO (the “City”), a California municipal corporation, with its mailing address located at 1600 West Beverly Boulevard, Montebello, California, 90640, hereinafter the City being designated as “LESSOR,” and CITY OF BELL, a California municipal corporation, with its mailing address located at 6330 Pine Ave, Bell California 90201, hereinafter designated “LESSEE.” LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the “Party.”
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. PREMISES. LESSOR is the owner of a parcel of land located in the City of Montebello, California, State of California, commonly known as [1343 N. Montebello Blvd, Montebello CA 90640 and more particularly described in Exhibit “A” (the “Property”) attached hereto and made part hereof, which property is improved with a communications tower depicted in Exhibit “B” (the “Premises”) attached hereto and made part hereof.
2. USE:
2.1 LESSOR hereby grants LESSEE the right to use designated space on the Premises and a non-exclusive rights onto the Property for ingress and egress (the “Rights-of-Way”), for the sole purpose of the installation and maintenance of LESEE’s communication system and uses incidental to and all necessary appurtenances, including a generator more specifically described in Exhibit “C” (the “Communication System”) attached hereto and made part hereof.
2.2 LESSEE shall have the right to replace, repair, and add to or otherwise modify its Communication System or any portion thereof, whether the equipment is specified or not on any exhibit attached hereto, during the term of this Lease Agreement, as long as LESSEE ensures that modifications or additions will not interfere with other systems on the property, nor overload the Premises.
2.3 LESSOR, at its expense, may use any and all appropriate means of restricting access to unauthorized parties to the LESSEE’s Communications System, in cooperation with LESSEE.
Communications Tower Land Lease Agreement with the City of Montebello 2
2.4 LESSEE will maintain the Premises in a good condition reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear and tear excepted.
2.5 LESSEE shall limit motor vehicle access on the Premises to work which requires the entry of motor vehicles. For all other work, including service calls, LESSEE shall enter the Premises on foot and use the public parking lot adjacent to the Premises for parking. LESSEE’s Communication System shall remain the exclusive property of LESSEE. LESSEE shall have the right to remove the LESSEE’s Communication System at the expiration or termination of this Lease Agreement.
3. TERM:
3.1 This Lease Agreement shall be effective as of the date of execution by both Parties (the “Commencement Date”) for an initial term of five (5) years (Initial Term). The term of this Lease Agreement will terminate without notice on October 15, 2028 unless sooner terminated as provided herein. This Lease Agreement may be extended for five (5) additional one-year (1-year) terms by a written and executed amendment setting forth the material terms and conditions agreed to by the Parties.
3.2 At the end of the initial five (5) years and of each term period thereafter, a new “Annual Minimum Rent” (as defined in Section 4), will be calculated and upon by the Parties for the subsequent term period (each, a “Subsequent Lease Period”).
4. RENT: In consideration of the term of this Lease Agreement, LESSEE shall pay to LESSOR annual rent (“Annual Minimum Rent”) in the amount indicated in Exhibit “E” (Rent Schedule) attached hereto and made part hereof. Rental payments shall be paid in equal monthly installments on the first day of the month, payable in advance, to the City of Montebello. If the Commencement Date falls on a date other than the 1st of the month, then LESSEE must pay the proportionate amount of the Annual Minimum Rent due from the period from the Commencement Date to the 1st of the following month.
5. CONSUMER PRICE INDEX (CPI) ADJUSTMENT TO THE ANNUAL MINIMUM RENT:
5.1 The Parties agree, as of every July 1 following the Commencement Date (each, a “CPI Adjustment Date”). The percent adjustment for any given year will be based on the monthly average Index for the calendar year immediately preceding the CPI Adjustment Date as compared with the Base Index. The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles – Long Beach – Anaheim, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1982-84 Base Year = 100 (the “Index”).
Communications Tower Land Lease Agreement with the City of Montebello 3
5.2 The Annual Minimum Rent will be adjusted as of each CPI Adjustment Date, and will remain in effect as adjusted until the next CPI Adjustment Date. As an illustration only, if the Base Index (Jan. 1, 1999 CPI) is 166.1 and the monthly average CPI for 2000 is 171.6, then the percentage increase is equal to 3.31%.
Therefore, the Minimum Rent would be increased by 33.1% as of July 1, 2001, and would continue at that rate through June 30, 2002.
5.3 If the United States Department of Labor, Bureau of Labor Statistics ceases to compile and make public the Index as now constituted and issued, but substitute another index in its place, then said substituted index must be used for the purpose of adjusting the Minimum Rent for the Premises. If the Index is changed so the base year differs from that in effect on the Lease Commencement Date, then the Index must be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics.
6. CITY-OWNED EQUIPMENT. LESSOR shall cooperate with LESSEE for the purpose of or ability to place communication equipment (including any necessary accessories) on the Premises for the purpose of transmitting public safety communications.
7. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Lease Agreement all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as satisfactory title, environmental, or soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. In the event that any such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or title, environmental, or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Lease Agreement.
8. INDEMNIFICATION.
8.1 LESSEE agrees to defend, indemnify and hold harmless LESSOR, its elected officials, officers, agents, volunteers and employees from any claims of liability for personal injury or damage to property to the extent that such claims arise out of the activities and operations of LESSEE or its officers, agents or employees on the Property, whether such activities or operations are authorized by this Lease Agreement or not. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by LESSEE. Further, LESSEE shall pay for any and all damage, loss or theft to the property of LESSOR
Communications Tower Land Lease Agreement with the City of Montebello 4 to the extent such damage, loss or theft relates to the activities and operations of LESSEE or its officers, agents and employees on the Property.
8.2 The provisions of this paragraph do not apply to any claims of liability for personal injury or damage to property to the extent such claims are attributable to the negligence or willful misconduct of LESSOR or any of its elected officials, officers, agents, volunteers or employees. LESSOR agrees to defend, indemnify, and hold harmless LESSEE, its, officers, agents, and employees from any claims of liability for personal injury or damage to property to the extent that such claims arise out of the activities and operations of LESSOR or its officials, officers, agents, volunteers and employees on the Property. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by LESSOR. Further, LESSOR shall pay for any and all damage, loss or theft to the property of LESSEE to the extent such damage, loss or theft arises out of the activities and operations of LESSOR or its officials, officers, agents, volunteers and employees on the Property. LESSEE shall not be responsible for any loss or damage to any property owned or controlled by LESSOR that is situated on the Property.
8.4 Limitation of liability. Except for indemnification pursuant to Sections 8 and 11, neither Party shall be liable to other , or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights of services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of services, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
9. INSURANCE. LESSEE shall procure and maintain throughout the duration of this Lease Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the LESSEE’s operations, occupancy of, and use of the leased Premises. LESSEE shall provide current evidence of the required insurance in a form of a certificate of insurance and shall provide a replacement certificate for any required insurance, which expires prior to the completion, expiration or termination of this Lease Agreement. Exhibit “D” (“Insurance Requirement”) attached hereto and incorporated by this reference, identifies the terms and requirements for insurance to be provided by the LESSEE.
Nothing in this paragraph shall be construed as limiting in any way, the indemnification clause contained herein in section 7 or the extent to which either LESSOR or LESSEE may be held responsible for payments of damages to persons or property.
LESSEE shall furnish the LESSOR with certificates of insurance which reflect insurers’ names, policy numbers, coverage, and limits per terms of Exhibit “D.” LESSOR is self-insured for general liability for the Premises.
Communications Tower Land Lease Agreement with the City of Montebello 5
10. TAXES. LESSEE shall pay, before delinquency, all taxes and assessments levied upon or assessed to LESSOR on the Premises by reason of this Lease Agreement or of any equipment, appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by LESSEE or by reason of any activity of LESSEE upon or in connection with the Premises. LESSEE shall pay all possessory interest taxes applicable to the Premises.
11. UTILITIES. To the extent applicable, LESSEE shall (i) pay, or cause to be paid and (ii) hold harmless LESSOR and the property of LESSOR, including the Premises, from all charges for the furnishing of gas, water, electricity, telecommunication services, and any other applicable public utility to the Premises during the term of this Lease Agreement and for the removal of garbage and rubbish from the Premises during the term of this Lease Agreement.
12. TERMINATION; DEFAULT.
12.1 For convenience: Either Party, upon three (3) months’ prior written notice, shall have the right to terminate this Lease Agreement with or without cause.
12.2 For cause: This Lease Agreement may also be terminated for cause for failure to cure default within thirty (30) days of receipt of written notice thereof by the defaulting party, except in the event the default is for failure to pay in which event the cure must be made within seven days. If the nature of the default is such that more than thirty (30) days are reasonably required for its cure, then the defaulting party shall not be deemed to be in default if it has commenced a cure within the thirty-day (30-day) period and thereafter diligently prosecutes such cure to completion within no more than ninety (90) days after receipt of written notice thereof.
12.3 Default. In the event there is a default by either party with respect to any of the provisions of this Lease Agreement or its obligations under it, including the payment of rent, the non-breaching party shall give the breaching party written notice of such default. After receipt of such written notice, the breaching party shall have thirty (30) days in which to cure any default, provided the breaching party shall have such an extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the breaching party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non- breaching party may not maintain any action or effect any remedies for default against the breaching party unless and until the breaching party has failed to cure the same within the time periods provided in this Paragraph.
13. INTERFERENCE. With the exception of LESSOR’s own Communication System and relate activities, LESSOR agrees that LESSOR, and/or any other lessees of the Property who currently have, or in the future take, possession of the Property, will be permitted to
Communications Tower Land Lease Agreement with the City of Montebello 6 install only such radio equipment that is of the type and frequency which will not cause interference to the existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, LESSEE shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
14. REMOVAL UPON TERMINATION; ABANDONMENT; AND HOLDOVER.
14.1 LESSEE, upon termination of the Lease Agreement, shall, within ninety (90) days, remove its Communication System (“Removal Period").
14.2 If LESSEE breaches this Lease Agreement and abandons all or part of the Premises prior to the scheduled expiration of the Term of this Lease Agreement, then LESSOR may continue this Lease Agreement in effect by not terminating LESSEE’s rights to possession of the Premises, in which event LESSOR may, at its option, enforce all of LESSOR’s rights and remedies under this Lease Agreement, including, the right to recover the Minimum Annual Rent specified in this Lease Agreement as it becomes due.
14.3 LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of the Removal Period, unless the Parties are negotiating a new lease agreement or lease agreement extension in good faith. In the event that the Parties are not in the process of negotiating a new lease agreement or lease agreement extension in good faith, LESSEE holds over in violation of paragraph 14.1, then the rent in effect payable from and after the time of expiration or earlier removal period set forth herein shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination.
15. RIGHTS UPON SALE. Should LESSOR, at any time during the term of this Lease Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Lease Agreement and LESSEE's rights hereunder, and any sale by LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way.
16. TITLE. LESSOR and LESSEE agree, at the request of either at any time during the term of this Lease Agreement, to execute a Memorandum of Lease or “short form” of this Agreement, which shall describe the Parties, set forth a description of the Premises, specify the term of this Lease Agreement, and incorporate this Lease Agreement by reference.
17. INTEGRATION. It is agreed and understood that this Lease Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Lease Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Lease Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and
Communications Tower Land Lease Agreement with the City of Montebello 7 enforceability of the remaining provisions of this Lease Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Lease Agreement or to exercise any of its rights under the Lease Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity.
18. GOVERNING LAW. This Lease Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California where the Property is located.
19. ASSIGNMENT.
19.1 This Lease Agreement may not be sold, assigned or transferred by LESSEE without approval or consent of LESSOR, in LESSOR’s sole and absolute discretion. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Lease Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto.
19.2 LESSEE may not mortgage or grant a security interest in this Lease Agreement or LESSEE’s Communication System to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"), without LESSOR consent, in its sole and absolute discretion. Such Mortgagees must agree to be bound by the terms and provisions of this Lease Agreement. In such event, LESSOR shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. LESSOR agrees to notify LESSEE and LESSEE’s Mortgagees simultaneously of any default by LESSEE and to give Mortgagees the same right to cure any default as LESSEE or to remove any property of LESSEE or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice, as provided in Section 12 of this Lease Agreement. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by LESSEE.
Failure by LESSOR to give Mortgagees such notice shall not diminish LESSOR's rights against LESSEE, but shall preserve all rights of Mortgagees to cure any default and to remove any property of LESSEE or Mortgagees located on the Premises.
20. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice):
LESSOR: Attn: Acting City Manager
Arlene Salazar
City of Montebello
1600 West Beverly Boulevard
Communications Tower Land Lease Agreement with the City of Montebello 8 Montebello, California 90640
LESSEE: Attn: City Manager
Michael L Antwine II
City of Bell
6330 Pine Avenue
Bell, California 90201
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
21. SUCCESSORS. This Agreement and right-of-way granted herein shall run with the land and shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto.
22. SUBORDINATION AND NON-DISTURBANCE. At LESSOR's option, this Lease Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such mortgage or other security interest shall recognize the validity of this Lease Agreement in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Lease Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest, the LESSOR immediately after this Lease Agreement is executed, will obtain and furnish to LESSEE, a non-disturbance agreement for each such mortgage or other security interest in recordable form. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR’s default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Lease Agreement the sums paid by LESSEE to cure or correct such defaults.
23. FORCE MAJEURE. If either Party hereto is delayed or hindered in or prevented from the performance of any act required hereunder by reason of strike, lock-out, labor trouble, power failure, governmental moratorium, riot, insurrection, war, pandemic or other reason of a like nature not the fault of the Party delaying in performing work or doing any act required under the terms of this Lease Agreement, then performance and doing of such act will be excused for the period of such delay. The Parties understand and agree, the foregoing will not extend any period of time for the payment of Rent or other sums payable to either Party or any period of time for the written exercise of an option or right by either Party.
24. REMEDIES. In the event of a default by either Party with respect to a material provision of this Lease Agreement, without limiting the non-defaulting Party in the exercise of any right
Communications Tower Land Lease Agreement with the City of Montebello 9 or remedy which the non-defaulting Party may have by reason of such default, the non- defaulting Party may terminate this Lease Agreement pursuant to Section 12, and/or pursue any remedy now or thereafter available to the non-defaulting Party under the laws or judicial decision of the State of California; provided, however, that each Party shall use reasonable efforts to mitigate their damages in connection with a default by the other Party.
25. ENVIRONMENTAL. LESSOR warrants and agrees that neither LESSOR nor, to LESSOR's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within LESSOR's Property in violation of any law or regulation.
LESSOR and LESSEE each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within LESSOR's Property in violation of any law or regulation. LESSOR and LESSEE each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
26. CASUALTY. In the event of damage by fire or other casualty to the Premises that is caused by anything beyond the control of LESSEE, that cannot reasonably be expected to be repaired within ninety (90) days following same or, if the Property is damaged by fire or other casualty which is not caused or contributed to by the conduct of LESSEE, its employees, agents or licensees, so that such damage may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than ninety (90) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed any restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease Agreement upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Lease Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease Agreement. Notwithstanding the foregoing, all rentals shall abate during the period of repair following such fire or other casualty which is caused by anything beyond the control of LESSEE.
27. CONDEMNATION. In the event of any condemnation of the Property, LESSEE may terminate this Lease Agreement upon fifteen (15) days’ written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to its Communication System, antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Lease Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease
Communications Tower Land Lease Agreement with the City of Montebello 10 Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Lease Agreement.
28. SUBMISSION OF LEASE. The submission of this Lease Agreement for examination does not constitute an offer to lease the Premises and this Lease Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Lease Agreement and shall not invalidate the remaining provisions of this Lease Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Lease Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Lease Agreement on such Party’s behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease Agreement. This Lease Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument.
29. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises.
30. SURVIVAL. The provisions of the Lease Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Lease Agreement.
Additionally, any provisions of this Lease Agreement which require performance subsequent to the termination or expiration of this Lease Agreement shall also survive such termination or expiration.
31. CAPTIONS. The captions contained in this Lease Agreement are inserted for convenience only and are not intended to be part of the Lease Agreement. They shall not affect or be utilized in the construction or interpretation of the Lease Agreement.
32. CO-LOCATABLE SITE. LESSEE agrees that the Lessee’s Communication System shall NOT be a co-locatable facility. LESSEE may not sublease any portion of the Premises.
33. RELOCATION OF LESSEE’S COMMUNICATION SYSTEMS. If LESSOR determines it necessary to relocate LESSEE’s Communications Systems, LESSOR will have the right, subject to the following provisions of this Section, and exercisable at any time to relocate all or part of LESSEE’s Facilities to an alternate location (the "Relocation Premises"); provided, however, that: (a) all costs and expenses associated with or arising out of such relocation (including, without limitation, costs associated with any required zoning approvals and other Governmental Approvals, costs for Tests of the Relocation Premises, etc.) shall be paid by LESSOR; (b) such relocation will be performed exclusively by LESSEE or its agents; (c) such relocation will not unreasonably result in any interruption of the communications service of LESSEE on LESSOR’s Property; and (d) such relocation will not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from LESSOR’s Property. LESSOR will exercise its relocation right by delivering written notice pursuant to the terms of this Lease Agreement to LESSEE. In the
Communications Tower Land Lease Agreement with the City of Montebello 11 notice, LESSOR will identify the proposed Relocation Premises on LESSOR's Property to which LESSEE may relocate LESSEE’s Facilities. LESSOR and LESSEE hereby agree that the parties will enter into an amendment to this Lease to memorialize the Relocation Premises and that the Relocation Premises shall be considered the Premises for all purposes hereunder, and such amendment shall include a survey (prepared at the sole cost and expense of LESSOR) of the Relocation Premises (including the access and utility easements) which will supplement Exhibit “A” hereto. If in LESSEE’s reasonable judgment no suitable Relocation Premises can be found, LESSEE shall have the right to terminate this Lease Agreement upon written notice to LESSOR, without penalty or further obligation. Licensee shall be permitted to operate a temporary facility at the Property (e.g. cell on wheels) in a location reasonably approved by LESSOR during any such relocation; provided that Licensee has obtained all required Governmental Approvals. [SIGNATURE PAGE TO FOLLOW]
Communications Tower Land Lease Agreement with the City of Montebello 12 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals.
LESSOR - CITY OF MONTEBELLO
_____________________________
Arlene Salazar, Interim City Manager
APPROVED AS TO LEGAL FORM:
_____________________________
Arnold M. Alvarez-Glasman,
City Attorney
ATTEST:
_____________________________
Christopher Jimenez, City Clerk
LESSEE – CITY OF BELL
__________________________________
Michael L Antwine II, City Manager
APPROVED AS TO FORM:
__________________________________
Christy Marie Lopez, Assistant City
Attorney
ATTEST:
______________________________
Angela Bustamante, City Clerk
Communications Tower Land Lease Agreement with the City of Montebello 13
EXHIBIT A
DESCRIPTION OF PREMISES
A radio tower is provided for installation of antennae or microwave.
A wiring raceway for wiring between antennae or microwave and equipment shelter.
A securable equipment shelter provided with environmental controls or heating ventilation and air conditioning (HVAC) equipment, primary power from a utility, a back-up power from a generator or alternative, fuel for the generator, and site security.
Twenty-four (24) a day access for emergency repair in the event of system failure, and/or maintenance.
Communications Tower Land Lease Agreement with the City of Montebello 14
EXHIBIT B
DESCRIPTION OF CITY PROPERTY
City of Montebello-Fire Department-Prime Radio Site
1343 North Montebello Boulevard
Montebello, CA 90640
Communications Tower Land Lease Agreement with the City of Montebello 15
EXHIBIT C
DESCRIPTION OF LESSEE’S COMMUNICATION SYSTEM
1. HP2-11 Microwave Antenna
2. PT820 RFU
3. PTP820 IDU
Communications Tower Land Lease Agreement with the City of Montebello 16
EXHIBIT D
INSURANCE REQUIREMENTS
The LESSEE shall maintain throughout the duration of the term of the Lease Agreement, liability insurance covering the LESSEE and, with the exception of Professional Liability Insurance, designating City including its elected or appointed officials, directors, officers, agents, employees, volunteers, or LESSEE’s, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the LESSEE's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the LESSEE's insurance policies shall be primary as respects any claims related to or as the result of the LESSEE’s work. Any insurance, pooled coverage, or self- insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or lessees shall be non-contributory.
Professional Liability Insurance $1,000,000/$2,000,000
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
The LESSEE shall provide thirty (30) days advance notice to City in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to City thirty (30) days after the effective date of this Lease Agreement, and no payments for services provided by LESSEE under this Lease Agreement shall be made by City until it is in receipt of said certificates. Refusal to submit such certificates shall constitute a material breach of this Lease Agreement entitling City to any and all remedies at law or in equity, including termination of this Lease Agreement. If proof of insurance required
Communications Tower Land Lease Agreement with the City of Montebello 17 under this Lease Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City shall have the right but not the duty to obtain replacement insurance and to charge the LESSEE for any premium due for such coverage. City has the option to deduct any such premium from the sums due to the LESSEE.
Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by CITY's Risk Manager. LESSEE shall immediately advise City of any litigation that may affect these insurance policies.
Communications Tower Land Lease Agreement with the City of Montebello 18
EXHIBIT E
RENT SCHEDULE
E-1: Rent shall be paid in accordance with Sections 4 and 5 of the Lease Agreement.
E-2: The Parties hereto further agree that this Initial Five-Year Term Rent Schedule may be modified only by a written and executed amendment.
E-3: Should the parties exercise the option to extend the Lease Agreement as set forth in Section 3, a new Annual Minimum Rent schedule shall be negotiated by the Parties, and included as a “Revised” or “New” Annual Minimum Rent schedule to the Lease Agreement amendment.
Initial Five-Year Term Annual Minimum Rent
Year 1 (July 1st – June 30th) $ 6,000.00
Year 2 (July 1st – June 30th) $ 6,000.00 + Applicable CPI Adjustment Year 3 (July 1st – June 30th) $ 6,000.00 + Applicable CPI Adjustment Year 4 (July 1st – June 30th) $ 6,000.00 + Applicable CPI Adjustment Year 5 (July 1st – June 30th) $ 6,000.00 + Applicable CPI Adjustment
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: APPROVE THE SECOND AMENDMENT TO COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 14-19
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve, in the form as presented, a Second Amendment to Cannabis Business Development Agreement No. 14-19 (“Second Amendment”) for the operation of commercial cannabis activities in the City of Montebello, and authorize the City Attorney’s Office to make final and technical edits or revisions, if any, prior to execution; and
2. Adopt findings contained herein exempting the Second Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the applicable Notices of Exemption for the project recommended for approval; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The recommended action will not have any new fiscal impact to the City.
BACKGROUND/DISCUSSION:
On September 13, 2017, the City of Montebello adopted Ordinance Nos. 2399 and 2400 adding Chapters 5.90 and 17.71 to the Municipal Code allowing cannabis cultivation, manufacturing, and testing with a required development agreement and conditional use permit under specified location restrictions.
On June 13, 2018, the City adopted Ordinance Nos. 2404 and 2405, adding delivery-only retail sales and distribution along with cultivation, manufacturing, and testing as
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
conditionally approved activities/uses in the M-1 and M-2 zones with a required development agreement and sensitive use buffer of 600 feet from residential zones and other sensitive uses.
On February 13, 2019, the City Council held a public hearing for the selection of potential cannabis operators for Phase 3 consideration and adoption of fees. The City Council selected 21 potential operators, adopted cannabis business application fees, and established a conditional use permit filing due date of March 4, 2019 for said operators.
Since the March 4, 2019 conditional use permit filing deadline, multiple departments of City staff and the City Attorney’s Office have worked with said operators to finalize the conditional use permit applications and negotiate final development agreements, respectively. Prior to today’s meeting, the City has already approved both the conditional use permit and development agreement for twenty-four (24) operators. Additionally, at the October 15, 2019 Planning Commission meeting, the Commission approved one (1) conditional use permit, and at the November 5, 2019 Planning Commission meeting, the Commission approved three (3) conditional use permits. The latter three (3) conditional use permits were originally Phase 2 applicants that were temporarily stayed from Phase 3 consideration. On December 18, 2019, City Council approved the final four (4) cannabis development agreements for the four (4) operators who were granted said conditional use permits on October 15, 2019 and November 5, 2019.
On February 3, 2020, City Council approved the transfer of, and/or modifications to, ownership of four (4) development agreements. However, one of the proposed new owners did not subsequently meet or complete the material conditions to execute the modification, therefore same became null and void and became subject to a new proposed transfer (i.e., Development Agreement No. 11-19). On May 27, 2020, City Council approved the transfer of, and/or modifications to, ownership of three (3) development agreements. On July 28, 2021 and November 10, 2021, City Council approved the transfer or, and/or modifications to, ownership, location, or approved cannabis use of three (3) development agreements on each of the listed dates.
One (1) proposed modification to a commercial cannabis Development Agreement is being presented for City Council’s consideration at the meeting of September 27, 2023.
ENVIRONMENTAL:
The California Environmental Quality Act (“CEQA”) requires public agencies to analyze and consider the impacts a “project” may have on the environment. A project is only subject to CEQA if the project requires a discretionary decision by the public agency. The required level of review depends on the probability and intensity of project related impacts. Additionally, a project may be exempt from CEQA review if the project qualifies for a categorical exemption.
City staff determined that approval of the Second Amendment qualifies as a project pursuant to CEQA. As such, staff determined that the proposed project anticipated by the Second Amendment requires CEQA compliance. After a thorough examination of the
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
project application of the proposed facility, including, but not limited to, standard operating procedures (“SOPs”), security plan, site plan and environmental data form, staff determined that the project meets the provisions of CEQA Categorical Exemptions. These categorical exemptions were mandated by Public Resource Code Section 21084 and listed as a part of the CEQA Guidelines by the Secretary for Resource in Article 19 of the CEQA Guidelines.
Additionally, the project contemplated by Amendment No. 14-19 was already previously analyzed for environmental impacts and does not include any alterations to the respective subject property. This zone was previously analyzed for environmental impacts with the approval of the conditional use permits for the subject property. Impacts were evaluated based on the anticipated activities likely to occur in such zone and City staff has determined that such “project”, pursuant to the California Environmental Act (CEQA) Section 15301 (Existing Facilities) Class 1, consist of projects characterized as existing facilities meeting the following conditions described in said section:
1. The project consists of the operation repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing of former use.
2. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
3. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
4. The project site has no value as habitat for endangered, rare or threatened species.
5. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
6. The site can be adequately served by all required utilities and public services.
Commercial cannabis activities are alike in nature to those uses allowed by right currently existing or allowed in the M-1 and M-2 zones in which commercial cannabis activities are proposed. Further, as referenced hereinabove, the proposed project has been approved as a conditionally allowed use by the Planning Commission, and a determination at that time was made that the project was categorically exempt. Therefore, there is no nexus between commercial cannabis activities and additional significant environmental impacts in the zones that allow such activities.
There has been no scientific or factual data presented, to date, identifying any direct or indirect environmental impacts resulting from the manufacturing process or any other cannabis related activity. In fact, many of the processes used in the manufacturing of cannabis, like extraction methods, are currently used in other manufacturing industries.
Furthermore, impacts can be mitigated or otherwise regulated by the permitting process of other regulatory agencies. For example, all manufacturing facilities are required to obtain approvals and permits by the Fire Department and regional air quality management districts. None of the conditions described in CEQA Guidelines, requiring the preparation
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
of a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report, will occur as part of the proposed projects contemplated as part of the DAs. The City Council has the authority and discretion to make findings exempting the approval of the Development Agreement from further CEQA review.
Therefore, in accordance with Section 15061(d) of the CEQA Guidelines, the City staff recommends that the City Council adopt these findings exempting the development agreement from further CEQA review and direct staff to file a Notice of Exemption for each project recommended for approval. In this regard, a Notice of Exemption from the California Environmental Quality Act CEQA for the development agreement has been prepared pursuant to CEQA (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, §15000 et seq.) prior to the City Council’s consideration for approval. The subject development agreement is a “project” that is subject to environmental review.
ANALYSIS:
Of the twenty-four (24) already approved Commercial Cannabis Business Development Agreements (“Development Agreements”), one (1) applicant with a fully executed Development Agreement submitted written application forms, with supporting documentation and application fees to the City, seeking a modification to its Development Agreement.
Article 19 of the Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of Owner’s interests, rights, duties, and obligations described in the Development Agreement without prior written consent and approval by the City, as required under Montebello Municipal Code Chapters
5.90 and 17.71. In addition, Article 2 of the Development Agreement, “Permitted Uses,” allows for an Owner to apply for an amendment to the Agreement and issued Conditional Use Permit to add a permitted commercial cannabis activiy with the approval of the City’s Planning Commission or City Council, as required by Montebello Municipal Code Chapters 5.90 and 17.71.
The request before the City Council includes the transfer of ownership from Mr. Daniel Moon, to his wife Mrs. Haeng Ja Moon. Table 1, below, illustrates the Second Amendment to Commercial Cannabis Development Agreement that is being recommended for approval by the City Council:
TABLE 1
Second Amendment to Development Agreement
Recommended for City Council Approval
DA # Applicant CUP
Approved
Activity
Project Location
14-19 Medican Holdings, LLC C/M/D/DR 7131 Telegraph Road
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Key: C – Cultivation | M – Manufacturing | D – Distribution | DR – Delivery-Only Retail
The applicant above is requesting an amendment to its Development Agreement for a transfer of ownership. This proposed change is found in Table 2.
TABLE 2 – Proposed Modifications
DA # Assignor Type of Change
Proposed New
Owner(s) and Legal
Entity
(“Assignee”)
14-19 Daniel Moon
Medican Holdings,
LLC
100% Transfer of Ownership Haeng Ja Moon
Medican Holdings, LLC
In accordance with the terms of the Development Agreement, including Articles 19 and 2, the Applicant has provided to the City a written application form seeking a modification to the Development Agreement for City’s consent to assignment and transfer of ownership. The City has received an application for modification materials, information and requisite fees it deems sufficient, appropriate and complete for the purpose of determining that Applicant is a qualified applicant for purposes of the terms of the Development Agreement and the CUP.
SUMMARY:
Staff recommends that the City Council approve the Second Amendment to Development Agreement No. 14-19 for the transfer of ownership of a commercial cannabis business and adopt findings contained herein exempting the Second Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the appropriate Notice of Exemption for the project recommended for approval.
ATTACHMENT(S)
1. Attachment A_The Second Amendment DA 14-19_CC 09-27-2023
NEXT STEPS:
N/A
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 14-19
THIS SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 14-1 9 (the “Second Amendment”) is entered into this _____ day of September, 2023, by and between the CITY OF MONTEBELLO (“City”), a California municipal corporation, Daniel Moon of MEDICAN HOLDINGS, LLC ("Owner"), a California limited liability c ompany, and Haeng Ja Moon of MEDICAN HOLDINGS, LLC (“Assignee/New Owner”), a California limited liability company. Owner may also be referred to herein as “Assignor.” City, Owner and Assignee/ New Owner are s ometimes referenc ed together herein as the “Parties.” In instances when a provis ion hereof applies to eac h of the Parties individually, either may be referenced as a “Party.”
The Parties hereby jointly render the following statement as to the background fac ts and circumstances underlying this Second Amendment to, and Assignment and Assumption of, Commercial Cannabis Development Agreement No. 14-19.
RECITALS
A. WHEREAS, on February 14, 2018, Ordinance No. 2399 and No. 2400 came into effect authorizing spec ified commercial cannabis activities within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions.
B. WHEREAS, on June 13, 2018, Ordinance No. 2404 and No. 2405 came into effect amending specified commercial cannabis activities authorized by Ordinance No. 2399 and No. 2400 within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions.
C. WH
EREAS, no such commercial cannabis activities are allowed or authorized in the Ci ty witho ut a Conditional Use Permit, a Development Agreem ent, and all requiremen ts pursuant to Montebello Municipal Code Chapters 5.90 and 17.71.
D. WHER
EAS, on March 4, 2019, Owner applied to this City for a Conditional Use Permit (hereinafter "CUP”) to conduct commercial cannabis activities.
E. WH
EREAS, after conducting a duly not iced CUP hearing on Jul y 2, 2019, in conjunction with the City’s applicable ordinances and resolutions, the Planning C ommission of the City reviewed, considered and approved environmental clearance and approved the execution of CUP No. 14-19.
F. WHE
REAS, on August 5, 2019, the City Council of the City of Montebello approved the execution of “C OMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 14 -19 BETWEEN THE CITY OF MONTEBELLO AND BEL LO MONTE FARMS, LLC” (the “Development Agreement”).
G
. WHEREAS, Article 19 of t he Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of O wner’s interests, rights , duties, and obligations described in Development Agreement without pr ior written c onsent and approval by the City, as required under Montebello Municipal Code Chapters 5.90 and 17.71.
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
H. WH
EREAS, pursuant to Article 19 of the Development Agreement, the proposed transferee is required to show proof of lawful possession or transfer o f p ossession of t he applicable location, and assume all interests, rights, duties and obligations in the CUP.
I. WHE
REAS, on November 10, 2021, the City Council approv ed the transfer of ownership of Bello Monte Farms, LLC to Medican Holdings, LLC by the First Amendment of Development Agreement 14-19; and
I. WH
EREAS, it is the intention of Daniel Moon of MEDICAN HOLDINGS, LLC (“Assignor”) to transfer, sell and assign 100% of its interest to the Development Agreement and CUP to Haeng Ja Moon of MEDICAN HOLDINGS, LLC (“Assignee”), becoming 100% owner of the Development Agreement and CUP, with the legal limitations that the CUP r uns with the land, here, specifically, with real property as discussed herein.
J. W
HEREAS, Assignor in tends to assign, and Assignee intends to assume, all assignable interests, rights, duties and obligations under the Development Agreement and the CUP.
K. WH
EREAS, in accordance with the terms of the Development Agreement, including Article 19, Owner/ Assignor and Assignee have provided to the City of Montebello a written application form to a modification to the Development Agreement and CUP for C ity’s consent to assignment and change of owners hip. T he City has received application for modification materials, information a nd requisite fees it deems sufficient, appropriate and complete for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement and the CUP , including showing the requisite proof of lawful transfer and holding of legal or equitable interest in real property considered in t he Development Agreement and CUP, located at 7131 Telegraph Road with Assessor Parcel Number 6354-024-044 (“Property” or “Site”).
L. WHEREAS, this Second A mendment is intended to meet the requirements of Article 19 of the Development Agreement and applicable Montebello Municipal Code provisions regulating an assignment and assumption agreement between Assignor and Assignee, and is executed with the consent o f City of Montebello as contemplated in the Developm ent Agreement.
M. WHEREAS, on September ___, 2023 the City Council of the City of Montebello reviewed, c onsidered, and approved this SECOND AMENDMENT TO, AND
ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANABIS DEVELOPMENT AGREEMENT NO. 14-1 9, by and between the CITY OF MONTEBELLO, Assignor Daniel Moon of MEDICAN HOLDINGS, LLC ("Owner"), a California limited liability company, and Assignee Haeng Ja Moon of, M EDICAN HOLDINGS, LLC.
N. WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Re sources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq., have been satisfied as the City previously found that the proposed project was Categorically Ex empt from Califo rnia Environmental Quality A ct ( “CEQA”) requir ements under provisions of CEQA Guidelines Section 15301 – Existing Facilities as change of ownership does not have any further environmental impact from what was previously found by the City.
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
NOW, THEREFORE, in consideration of the mutu al covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
Section 1: Recitals.
The Rec
itals are true and correct an d are hereby incorporated into and made a part of this Second Amendment. In the event of any inconsistency between the Recitals and the provisions of this Second Amendment, herein below, said provisions of this Second Amendment shall prevail.
Section 2: Assignment and Assumption of Develop ment Agreement and Corresponding Conditional Use Permit.
2.1 . Assignor hereby assigns, transfers, and conveys to Assignee all of Assignor ’s rights, interest, duties, burdens and obligations under the Development Agreem ent a nd the Conditional Use Permit (also referred herein as “Assignable Rights”).
2.2. As
signee hereby assumes all of the r ights, interests, duties, burdens and obligations of Assignor under the Development Agreement and C onditional Use Permit, and agrees to ob serve and fully perform all of the duties and obligations of Assignor under the Development Agreement, and respective Conditional Use Permit, and to be subject to all the terms and conditions thereof, wi th respect to the Property and Assignable Right s. It is the express intention of Assignor and Assignee that, upon the execution of this Second Amendment, Assignee shall become su bstituted for Assi gnor as the “ Owner” under the Development Agreement and the corresponding Conditional Use Permit in relation to t he Property.
2.3 . The Second Amendment shall take effect and be binding only upon the City of Montebello City Council’s consent to an d approval of the Second Amendment, and as further outlined hereinbelow under Section 5.
2.4. A
ssignee represents and warra nts that it has reviewed and is familiar with the terms and conditions of the Development Agreement and the Conditional Use Permit. Assignee acknowledges that the Assignable Rights are as set forth within the Development Agreement, the Conditional Use Permit, and the duties of Assignor thereunder and the duties of Assignee hereunder, as between Assignee and the City, shall be without reference to any underlying agreements or understandings that may exist between Assignee, Assign or, or any other party with r espect to the subject matter hereof, and that the City is not party to such other agreements.
2.5. A
ll the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns.
2.6. Exhibits: Assignee has caused the re- execution, re- incorporation, and/or submittal of the following Exhibits, which are deleted in their entirety from the Development Agreement and are incorporated herein by this reference and shall be inserted in lieu thereof.
2. 6.a. Exhibit D: Recorded Grant Deed or Executed Lease Agreement
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
2.6.b. Exhibit E: Property Owner Signed and Notarized Consent Form
2.6.c. Exhibit F: Conditions of Approval
2.6.d. Exhibit G: Labor Peace Agreement or Notarized Statement of Intent S ection 3 : A mendments to Development Agreement . The following articles, sections, paragraphs or portions of the Development Agreement are hereby amended to read as follows:
3.1 . Section 2.b. Government Code and Municipal Code Required Elements; Owner and Other Person with Legal or Equitable Interest.
O
wner: MEDICAN HOLDINGS, LLC
Nature of Interest: Lease for 3 years with no Option to Renew A
true and correct copy of a recorded grant deed, or executed lease agreement, is attached hereto as Exhibit D, and incorporated herein by this reference.
If
Owner is not the fee simple owner of the Site, check box below:
[
x ] Ow ner represents and warrants that the property owner has consented in writing to th e execution of this Agreement ag ainst the Sit e. [See also attached Property Owner Signed and Notarized Consent Form wherein the property owner has acknowledged reading Montebello Municipal Code Chapters 5.90 and 17.71, incorporated herein by this reference (Exhibit E).]
3.2 . Section 6.c. Commu nity Relations, Employment, and Wages; Designat ion of Community Relations Liaison.
P
ursuant to Montebello Municipal Code Chapters 5.90 and 17.71, i ncluding, Commerce Municipal Code Section 5.61.300, at the time of this Second Amendment, Owner’s day-to-day operations manager, Haeng Ja Moon, will be responsible for community inquiries and complaints and on- site management during normal business hours.
3.3 . Section 6.d. Community Relations, Employment, and Wages; Interface with Montebello Municipal Code / Inspections.
O
wner’s day -to-day operations manager, and/or the Ow ner’s Communi ty Relations Liaison, Haeng Ja Moon, will interface with the Montebello Police Department’s assigned designee to ensure its operation complies with state and local laws an d regulati ons. The City Manager, or designee, or the Mont ebello Police Department’s assigned designee acting at the City Manager’s request and per his or her specific and limiting instructions, shall have the right to enter all portions of the Site from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and Applicable Cannabis Law s, without the requirement of a search warrant, subpoena , or court order, and subject t o appropriate cost recovery fees set forth in t his Agreement, or adopted by the City.
__________ O
wner’s Initials
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
3.4 . Section 17. CUP Conditions of Approval.
Restatement of Compliance with CUP C onditions of Approval. New Owner and Assignee, collectively, MEDICAN HOLDINGS , LLC, shall comply with all conditions of approval of the City -issued CUP, as reflected and memorialized in Exhibit F, “Conditions of Approval,” of the Development Agreement, and as also incorporated herein to this Second Amendment, by this reference. If there is any conflict between a term of the Development Agreement, this Second Amendment, and a condition of approval of the City -issued CUP, then the most restrictive shall apply.
3.5 . Section 21. Notice.
A
ny notice or communication required hereunder bet ween City and Owner must be in writing , and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice s hall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed t o have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii)
f
ive (5) days after a registered or certified letter containing such notices, pr
operly addressed, with postage prepaid, is deposited in the United States mail.
If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any party hereto may at any time, by giving then (1) days written notice to the other Party hereto, designate any other address i n s
ubstitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the Parties at their addresses set forth below:
If
to City: City of Montebello
1600 W. Beverly Boulevard
Montebello, California 90640
Attention: City Manager
W
ith a copy to: City Attorney
13181 Crossroads Parkway North
Suite 400 – West Tower
City of Industry, California 91746
If to Owner: Haeng Ja Moon
Medican Holdings, LLC
7131 Telegraph Road
Montebello, CA 90640
I
f to Landlord: Daniel Moon
Premium Investment Solutions, Inc.
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
4848 W Pico Blvd.
Los Angeles, CA 90019
Section 4: Effect of Second Amendment and Continued Effecti veness of Development Agreement. Except as expressly modified herein, the Development A greement shall remain in full force and effect, and all the terms and provisions of the Development Agreement are hereby reaffirmed. The provisions of this Second Amendment are severable and separate, and should a legal challenge be brought challenging the Second Amendment, including but not limited to, an action or proceeding – in equity or in law – such challenge shall in no way affect or impact the continued validity and existence of the Development Agreement.
Section 5: Effective Date. “Second Amendment Effective Date” means the date on which all of the following are true: (i) this Second Amendment has been signed by all Parties; (ii) the new applicant Owners have cleared all background check(s), and any related background verification(s), consistent with, and as required by, the City ’s laws and policies; (iii) all complete information and documentation supporting the application for this Second Amendment have been submitted to the City; and (iv) Exhibits to this Second Amendment are finalized, and same have been provided, however, that if these conditions have not been fully satisfied by the Owner and/or Assignee/New Owner, the Effective Date may not thereafter occur and thi s Second Amendment may not thereafter become effective.
Section 6: Authority to Sign. Each Party or responsible officer or governing body therefore, has read this Second Amendment and understands and knows the contents there of, and represent s and war rants th at each of the officers, members, or agents executing this Second Amendment on behalf of their respective corporations, partnerships, or other organizations is authorized and empowered to do so and her eby binds the re spective corporation, partnership, or other organization.
I
N WITNESS HEREOF, the Parties hereto have executed this Second Amendment as of the dates herein below.
[
Signatures on the following page]
MEDICAN HOLDINGS, LLC City of Montebello
NO. 14-19 The Second Amendment DA 14-19
C
ITY OF MONTEBELLO MEDICAN HOLDINGS, LLC
___________________________
__________________________
David Torres Daniel Moon
Mayor Owner and Managing Member
[Assignor/Owner]
D
ate:_______________________ Date:______________________ M
EDICAN HOLDINGS, LLC
______________________
____
Haeng Ja Moon
Owner and Managing Member
[Assignee/New Owner]
APPR
OVED AS TO FORM:
_________________________
_
City Attorney
City of Montebello
D
ate:__________________
Exhibit D - Page 1 of 6
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Exhibit G - Page 1 of 1
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Assistant Director
SUBJECT: APPROVE TASK NO. 1.1 UNDER MASTER RETAINER AGREEMENT NO. 4000 WITH KOA FOR ON-CALL ENGINEERING DESIGN
SERVICES FOR MS4 NPDES PERMIT ADDITIONAL SERVICES
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Task Order No. 1.1 via an Engagement Letter under Master Retainer Agreement No. 4000 with KOA for Additional MS4 NPDES Permit Services in a not-to-exceed amount of $185,087; and
2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $40,000 in Account No. 229-30-315-6040.10 (Measure W, Public Works, Stormwater, Contract Services Outside Contracts)
3. Authorize the Acting City Manager to execute the Contract Agreement, on behalf of the City; and
4. Take such additional, related, action that may be desirable
FISCAL IMPACT:
On November 6, 2018, Los Angeles County voters successfully passed Measure W – the Safe, Clean Water Program (SCWP). 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.
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
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
implemented by project developers, and to provide technical resources, and conduct scientific studies.
It is recommended that the City Council amend the FY 2023-24 adopted budget to increase appropriations by $40,000 in the Measure W Fund (Fund 229). The City receives approximately $900,000 in annual revenue from Measure W recorded in Account No. 229-99-3630.70 (Special Revenue Measure W). The total estimated expense for the additional services is $185,087 and will be recorded in Account No. 229- 30-315-6040.10 (Measure W, Public Works, Stormwater, Contract Services Outside Contracts).
As part of developing the FY 2023-24 budget, additional appropriations were included in Fund 229 for anticipated projects and related clean-water tasks. Some of these projects are on hold and therefore, appropriations are available for the services to be provided by KOA under Task Order 1.1. Therefore, only $40,000 in additional appropriations is needed for the intended scope of services.
BACKGROUND/DISCUSSION:
Architectural and Engineering Services
On June 22, 2022, the City Council approved Master Retainer Agreement No. 4000 with KOA for on-call engineer design services. KOA 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. 1.1, Addendum No. 1 for KOA. Refer to "Attachment A, Engagement Letter" for the scope of services and project fee.
The additional services consist of on-call regulatory water quality engineering design, coordination and management, and permit compliance with Los Angeles Regional Water Quality Control Board (LARWQCB) Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES).
The recommended additional Professional Engineering on-call Services, permit compliance and stormwater program task implementation will help the City comply with the NPDES requirements.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Upon approval of the recommended actions, staff will execute the contract agreement with KOA, Inc. and coordinate the necessary requirements for the City to comply with the
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
NPDES permit. In addition, the recommended actions will amend the Fiscal Year 2023- 24 budget by increasing appropriations by $40,000 in Account No. 229-30-315-6040.10 (Measure W, Public Works, Stormwater, Contract Services Outside Contracts)
ATTACHMENT(S)
1. Attachment A-Engagement Letter_(KOA)_Task 1
NEXT STEPS:
N/A
1600 West Beverly Boulevard • Montebello, California 90640-3932 • (323)-887-1200 Page 1 of 2 Date: 7/18/2023
ENGAGEMENT LETTER
FOR
CONSULTANT SERVICES
PROJECT/SERVICES: ON-CALL ENGINEERING SERVICES FOR ADDITIONAL MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NPDES PERMIT SERVICES ADDENDUM NO.1 MASTER RETAINER AGREEMENT NO. 4000
TASK NO. 1.1
The purpose of this Engagement Letter is to allow the City of M ontebello (the “City”) to engage KOA Corporation (the “Consultant”) to provide additi onal on-call Regulatory Water Quality Engineering Design Servi ces, and Municipal Separate Sto rm Sewer System (MS4) NPDES Permit Services (the “Services” or “Project”) pursuant t o those terms and conditions outlined in the draft Master Ret ainer Agreement (Agreement No. 4000) approved by the City Council on June 22, 2022, in the manner set forth in Exhibit A, “ Original Scope of Services” and Exhibit B “Additional Scope of Services” of this Engagement Letter.
The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit B, attached hereto. The cost for performing the services under this Engagement Letter shall be billed hourly for a total not-t o-exceed fee of One Hundred Eigh ty-Five Thousand, Eighty-Seven Dollars and Zero Cents ($185, 087.00), without prior written app roval by the City. The charges and hourly rates shall not exceed those stated and in effect wh en the draft Master Retainer Agreement was approved on June 22, 2022 and as stated in the fe e schedule attached hereto as Exhibit C.
Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit B shall not be substituted unless prior written authorization is given by the City’s Director of Public Works / City Engineer ( the “Director”). Pursuant to Government Code 87300, et seq., Consultant has provided (for sub mittal to the City Clerk), a Ca lifornia 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 Consultant 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.”
ATTACHMENT A
9/19/2023
1600 West Beverly Boulevard • Montebello, Cali fornia 90640-3932 • (323)-887-1200 Page 2 of 2
THE CITY OF MONTEBELLO
(the “City”)
MARK THOMAS
(the “Consultant”)
By: __________________________
Arlene Salazar, Acting City Manager
By: ________________________
ATTEST:
__________________________
Christopher Jimenez,
City Clerk
APPROVED AS TO FORM:
_________________________
Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:
1. Exhibit A – Original Scope of Services
2. Exhibit B – Scope of Services
3. Exhibit C – Fee Schedule
MS4 NPDES Permit Services Page 1
City of Montebello MC21144
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: 323.260.4703 | F: 323.260.4705 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
August 8, 2022
James Enriquez, PE
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
Subject: Engineering Services Proposal for Municipa l Separate Storm Sewer System (MS4) NPDES Permit Services
Dear Mr. Enriquez,
KOA Corporation (KOA) is pleased to submit the enclosed proposal to provide On-Call Regulatory Water Quality Engineering Design, Los Angeles Regional Water Quality Control Board (LARWQCB) Municipal Separate Storm Sewer System (MS4) National Pollutan t Discharge Elimination System (NPDES) Permit Compliance Services to the City of Montebello. CWE, KOA’s stormwater sub-consultant, will be performing these services through our on-call agreement with the City. The enclosed proposal presents our scope of work and fee estimate.
SCOPE OF WORK
During our August 2, 2022 telephone call, several areas of interest, to City Staff, were identified to and by CWE, which they will further investigate and assess so that subsequent work priorities can be determin ed.
Once given a Notice to Proceed (NTP), CWE will begin the following tasks:
• Administrative Order on Consent (AOC) Corrective Action Plan development • Identify Upper Los Angeles River (ULAR) Watershed Management Program (WMP) needs • Assess Safe Clean Water Program Municipal Program T ransfer Agreement status • Initiate development of structurally deficient catch basin design documents
CWE assumes that the City provided documents, inven tories, and representations are accurate and correctly reflect agency conditions. CWE is not responsible for any fines or enforcement actions by the relevant environment regulatory agencies.
FEE ESTIMATE
KOA and CWE will perform the work specified in the scope above based on the time and materials fee not to exceed $45,000.00 .
STAFFING
Giuseppe Canzonieri, PE will be the KOA Project Man ager for this project. If you have any questions about this proposal and our scope of services, please contact him at (323) 260-4703 or via email at [email protected].
Gerald Greene, PE, QEP, QSD/P will be the CWE Project Manager for this project. Gerald can be reached at (714) 526-7500 Ext. 207 or via email at [email protected].
EXHIBIT A
MS4 NPDES Permit Services Page 2
City of Montebello MC21144
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: 323.260.4703 | F: 323.260.4705 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.
Sincerely,
KOA Corporation
Giuseppe Canzonieri, PE
Vice President / Senior Engineer
MS4 NPDES Permit Services Page 1
City of Montebello MC21144x1_R1
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 | F: (323) 260-4705 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
May 24, 2023
James Enriquez, PE
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
Subject: Engineering Services Proposal for MS4 NPDE S Permit Services Addendum No. 1 –Additional Services
Dear Mr. Enriquez:
KOA Corporation (KOA) is submitting the enclosed proposal to provide additional On-Call Regulatory Wat er Quality Engineering Design, Los Angeles Regional Water Quality Control Board (LARWQCB) Municipal Separate Stor m Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit Compliance Services for th e City of Montebello. CWE, KOA’s stormwater sub-consultant, w ill continue to provide these services through our on-call agreement with the City. The scope of work is provided below for review by the City, followed by a fee estimate.
SCOPE OF WORK
See CWE proposal in Attachment A for scope of work.
FEE ESTIMATE
The KOA Team will perform the work specified in the scope of work based on the time and materials fee not to exceed $185,087.00 .
AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.
Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Managing Director | Senior Engineer
EXHIBIT B
MS4 NPDES Permit Services Page 2
City of Montebello MC21144x1_R1
ATTACHMENT A
CWE PROPOSAL
CWE
1561 E. ORANGETHORPE
AVENUE
SUITE 240
FULLERTON, CA 92831-5202
(714) 526-7500 PHONE
(714) 526-7004 FAX
www.cwecorp.com
Creating a Better Tomorrow, Today™
May 17, 2023
Mr. Giuseppe Canzonieri, PE
KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, California 91754
Municipal Separate Storm Sewer System (MS4) NPDES Permit Services
Dear Mr. Canzonieri,
Following an April 19, 2023, phone call with Ms. Rita Montalvo, the City of Montebello Assistant Public Works Director, CWE appreciates this opportunity to offer the following Los Angeles Regional Water Quality Control Board (LARWQCB) Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit Compliance On-Call Services proposal. Following your Letter of Engagement and Notice to Proceed (NTP) receipt, CWE will continue to, or newly begin, offering the following services at the direction, and in collaboration with, the City Project Manager:
Task 1 – Meetings
During the last six months, City of Montebello staff have informally met monthly, in person or online, with the CWE Project Manager to discuss LARWQCB MS4 NPDES Permit compliance priorities and stormwater program task implementation, by City and consultant staff. As a Permittee, the City is a member of the Los Angeles Permit Group (LAPG), led by the Los Angeles County Public Works, which meets online at 1:30 pm on the second Wednesday of even numbered months. In 2013, the City of Montebello joined, and continues as a member of, the Upper Los Angeles River (ULAR) Watershed Management Program (WMP) Group, led by the City of Los Angeles. We understand that the City Council will soon consider a July 1, 2023, to June 30, 2026, Cost Sharing Memorandum of Agreement (MOA), in the amount of $86,590, for continued ULAR WMP Group Coordination, WMP Progress and MS4 Permit Compliance Reporting, and Coordinated Integrated Monitoring Program (CIMP) Plan Implementation services. The ULAR WMP Group normally meets monthly, while Load Reduction Strategy (LRS), LRS Alternative (LRS- Alt), Fire Effects Study, Zinc Recalculation, and Pre-Stormwater Implementation Plan (Pre-SIP) Technical Subcommittees, all of which are likely to impact permit compliance, are now meeting less frequently.
Since meeting participation allows CWE to identify cost-effective implementation strategies, for City consideration, we have budgeted eighty (80) hours for remote meetings and follow-up activities.
Task 2 – Los Angeles River Trash TMDL Implementation
The LARWQCB first adopted the Los Angeles River Trash Total Maximum Daily Load (LAR TTMDL) on January 25, 2001, as an outcome of a March 22, 1999, United States Environmental Protection Agency (USEPA) and local environmental Non-Governmental Organizations (NGOs) Consent Decree; with
Mr. Giuseppe Canzonieri, PE
May 17, 2023
Creating a Better Tomorrow, Today™
subsequent amendments through 2019. Due to the “zero” Waste Load Allocation (WLA), measured by weight or volume, that became effective as of October 2015, compliance is demonstrated by: 1) Daily Generation Rate (DGR) studies; 2) LARWQCB approved alternative studies showing >98% trash load reduction; or 3) the installation of Full Capture Systems (FCSs), such as Connector Pipe Screens (CPSs) in catch basins. As summarized in Table F-23 of the LARWQCB 2021 MS4 NPDES Permit, Permittees primarily implemented the LAR TTMDL using the latter approach and most of the eleven hundred catch basins in the City were retrofitted, using support from the Ocean Protection Council (OPC) and Gateway Water Management Authority (GWMA), by 2011. The remaining catch basins were found structurally deficient to accept CPS and costly to redesign, permit, and reconstruct. From August 25 to October 29, 2020, a USEPA contractor audited the City LAR TTMDL program and noted these deficiencies, resulting in the negotiation and April 28, 2022, execution of an Administrative Order on Consent (AOC) between the City and USEPA. Structural deficiencies again limited CPS retrofitting and LAR TTMDL attainment to about half of the catch basins anticipated in the AOC and a new implementation schedule is needed.
As a desktop effort, CWE will unify and where possible reconcile the data within the several conflicting City catch basin and LAR TTMDL FCS inventories, then develop a proposed schedule for phased design, permitting, construction bid package development, contract award, and reconstruction of the remaining structurally deficient catch basins for City staff and USEPA consideration. Once the schedule is approved, CWE will initiate design and permitting activities for the first tranche of catch basin reconstruction projects, with the intent of progressing with subsequent activities and reconstruction phases during the following years and under more clearly defined budgets.
City Staff are also responsible for implementing the Grant Rea Memorial Park Trash Minimum Frequency of Assessment and Collection (MFAC) Program Plan, developed by others but provided by CWE to Staff, and prepare the required July Annual Data Report. This Plan was also to be submitted to the LARWQCB, for review and approval, following their Waiver of Waste Discharge Requirements (W-WDR) adoption.
CWE would review the Staff Draft Annual Data Report, provide implementation guidance as needed, and, if necessary, revise the Plan to conform with Board directions and further facilitate cost-effective staff implementation and reporting.
CWE will provide up to one hundred fifty (150) hours of LAR TTMDL compliance services including: 1) LAR TTMDL Annual Compliance Reporting; 2) Reconciliation of conflicting catch basin compliance status inventories; 3) USEPA AOC phased compliance schedule development and updating; 4) Rea Park MFAC implementation assistance; and 5) Data collection, design, and initial permitting application development for an initial tranche of structural deficient catch basins to support future reconstruction bid documents.
Task 3– Industrial/Commercial (I/C) Facilities Program
The 2001 MS4 NPDES Permit required Permittees to conduct industrial and commercial facility pollutant source control inspections and further refer to Board Staff those, regulated under the State Industrial General Permit (IGP), who have not obtained IGP coverage. Implementation of an I/C facility inspection tracking database, and other requirements, were added in the 2012 MS4 NPDES Permit, and the interval between inspections shortened to two years under the current 2021 LARWQCB MS4 NPDES Permit.
During the prior six months, CWE developed the required tracking database, populated it with nearly two hundred fifty (250) inspection action records, including over one hundred sixty (160) conducted by CWE, however, nearly one hundred forty (140) inspections must still be completed by September 10, 2023, and preferably before the MS45 NPDES Permit reporting period conclusion on June 30, 2023.
Mr. Giuseppe Canzonieri, PE
May 17, 2023
Creating a Better Tomorrow, Today™
Following Permit I/C Facilities Program and Progressive Enforcement requirements, found in Parts VIII.E and VIII.B respectively, CWE would notify the approximately one hundred forty (140) remaining I/C Facilities, using the City approved verbiage and letterhead sent by United States Postal Service (USPS) first class mail, of our planned inspection, then conduct up to two hundred (200) initial and progressive enforcement inspections. Scanned forms, images, and enforcement notifications, would then be digitally provided to the City, as last occurred on February 2, 2023, along with the updated GIS-based inventory.
Task 4 – Redevelopment Planning
CWE would provide up to thirty-six (36), less than five (5) acre, Priority Development Project (PDP) Plan or General Construction Permit (GCP) Storm Water Pollution Prevention Plan (SWPPP) plan checks under the direction of a state certified Qualified SWPPP Developer or Practitioner (QSD/P). Written comments are normally returned, as a Portable Document Format (PDF) file, within two (2) weeks of Plan receipt by CWE, although extensions may be necessary when preparing other compliance submittals. Review time would be reported to the City Project Manager, upon request, to facilitate recharging to the project proponents. Available required data would be inserted into the Watershed Reporting Adaptive Management & Planning System (WRAMPS) or other Permit-compliant GIS-based tracking database and annually provided to the City for WMP progress and compliance reporting or regulatory audits.
Task 5 – Redevelopment Construction Inspections
CWE will provide up to twelve (12) MS4 Permit PDP, Erosion and Sediment Control (ESCP), Construction General Permit (CGP), or City Project BMP inspections, under the direction of a CWE QSD/P. Correction or violation notices with images, that result from these inspections, will be forwarded to City for signature and delivery. Inspection data will be provided to the City Project Manager within one week of inspection.
Task 6 – Post- Construction CGP/BMP Inspections
On March 21, 2023, CWE provided City Staff with WRAMPS reporting forms (bulk upload templates) that are needed for the June ULAR WMP Group Progress Report. Based on these data and Priority Project, CGP, SUSMP, SWPPP, BMP design, or maintenance covenants, approved and made available by the City, CWE inspectors will provide up to twelve (12) inspections to assess post-construction BMP maintenance and effectiveness; based on Best Professional Judgment (BPJ) of visible site characteristics. CWE will record our Post-Construction BMP inspection observations and tracking data, as identified in the MS4 Permit, and provide the City with GIS shape and database files. Finally, CWE will provide the City with digital photographs, completed inspection forms, and any corrective enforcement actions initiated.
Task 7 – City Staff and Contractor Training
Part VIII.A.3 of the 2021 LARWQCB MS4 NPDES Permit requires City Staff and contractors be trained in:
Pesticide/Fertilizer Source Controls; Illicit Discharge Detection and Elimination (IDDE); Construction and Erosion Source Controls; and Industrial/Commercial (I/C) Facilities Programs. Based on Supervisorial scheduling, either at the beginning or end of a shift for staffing efficiency, a QSD/P or QISP-certified Senior CWE Manger, experienced with both private and public agency examples, will make an engaging, locally relevant, Microsoft Office Power Point® presentation to up to twenty city staff either remotely or at a city facility with adequate equipment. The presentation will begin with regulatory rationale and requirements, before moving on to case studies. Six slide per page handouts will be distributed for those
Mr. Giuseppe Canzonieri, PE
May 17, 2023
Creating a Better Tomorrow, Today™
wishing to take notes and a participation sign-in sheet distributed for Annual Report inclusion. Attendees will be encouraged to ask questions, resulting in an informative session that maintains staff attention.
Task 8 – Public Information and Participation Program (PIPP) Part VIII.D of the 2021 LARWQCB MS4 NPDES Permit identifies the need for “culturally effective”, such as Asian or Hispanic language, outreach efforts and materials to control specific exemplary and locally relevant categories of stormwater pollutants; including documentation and informative tracking of those cumulative activities. CWE will meet with City Staff to review the previously prepared outreach materials and determine how they might be revised to better convey city goals and objectives, then revise and distribute those materials during I/C, construction site, post-construction BMP, and IDDE inspections.
Task 9 – Illicit Discharge Detection Elimination (IDDE) Investigations CWE will provide up to twenty-four (24) hours of timely, remote, or onsite IDDE support services on a 24 hour per day/365 day per year basis; emphasizing public outreach, BMP recommendation, and permit reporting. Enforcement would remain the responsibility of City Code Enforcement.
Task 10 – WMP Progress and MS4 Permit Annual Reporting
For each July first to June thirtieth service period, CWE will assist City Staff in preparing the two required WMP Progress Report submittals, due to the Board on June and December fifteenth, and the Annual MS4 Permit Compliance Report due on December fifteenth. As a member of the ULAR WMP Group, City draft submissions are typically due three months before the Board dates and only limited revisions are allowed during the final month. CWE will transcribe raw City data using the, then current, Los Angeles County Watershed Reporting Adaptive Management & Planning System (WRAMPS2) application, resorting to Microsoft Word
®, Excel®, and PDF file formats, as necessary for assisting City Staff in making timely progress. Access to the electronic version of the final, submitted reports will be provided to City Staff.
Fee and Assumptions
Other than December 2024 Annual Report preparation, CWE anticipate completing the identified tasks by June 30, 2024. We will utilize the following proposal assumptions to avoid confusion:
This proposal does not address separate agreements between the City and any WMP Group or the San Gabriel Valley Council of Governments (SGVCOG) on behalf of a WMP Group. This proposal responds to tentatively identified City compliance priorities. Confined space entry of MS4 facilities is unnecessary and outside of our Scope of Work. Installation of FCS CPS will be addressed through the City Capital Improvement Program (CIP) and our work excludes geotechnical, permitting, hydrologic, and hydraulic analyses. Development of an alternative WMP implementation strategy is beyond this Scope of Work. City provided documents, inventories, and representations accurately reflect agency conditions. CWE is not responsible for regulatory and resource agency enforcement actions. City Encroachment or Access Permits will be issued as no fee Permits.
Mr. Giuseppe Canzonieri, PE
May 17, 2023
Creating a Better Tomorrow, Today™
Following NTP receipt, CWE will begin these MS4 NPDES Permit Services, on a time and materials basis, following our 2023 rates, for a not to exceed fee of $179,999.00. An anticipated task effort, staff level assignment, and cost allocation spreadsheet is provided below for reference and can be separately provided as a PDF file. This proposal offer is valid for thirty (30) days. If any questions arise, please feel free to reach out to me at (714) 526-7500 Ext. 207 or [email protected].
Respectfully submitted,
Gerald Greene, DEnv, PE, QEP, QSD/P
CWE Director, Stormwater
SCHEDULE OF BILLING RATES FOR RFP 22 -8
ON-CALL ARCHITECTURAL AND
ENGINEERING DESIGN SERVICES
CITY OF MONTEBELLO
JUNE 2, 2022
EXHIBIT C
2 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
KOA Corporation
2022 - 2024 Hourly Billing Rates
Professional Services 2022 Rates 2023 Rates 2024 Rates
President/CEO $325 $341 $358
Principal II $305 $320 $336
Principal I $260 $273 $287
Senior Engineer II $249 $261 $275
Senior Engineer I $208 $218 $229
Senior Associate Engineer II $162 $170 $179
Senior Associate Engineer I $145 $152 $160
Associate Engineer II $133 $140 $147
Associate Engineer I $115 $121 $127
Senior Designer II $150 $158 $165
Senior Designer I $133 $140 $147
Associate Designer II $116 $122 $128
Associate Designer I $87 $91 $96
Senior Planner II $249 $261 $275
Senior Planner I $208 $218 $229
Senior Associate Planner II $162 $170 $179
Senior Associate Planner I $145 $152 $160
Associate Planner II $133 $140 $147
Associate Planner I $116 $122 $128
Senior Construction Manager $190 $200 $209
Construction Manager $175 $184 $193
Senior Construction Inspector $140 $147 $154
Construction Inspector $135 $142 $149
Administrative Assistant II $98 $103 $108
Administrative Assistant I $76 $80 $84
Intern $64 $67 $71
General Provisions:
* Project reimbursable expenses are billed at cost.
* Project expenses include: Non-commuter automobile mileage ($0.585 per mile) or current IRS rate, postage and special courier expenses, travel expenses, reproduction, subcontractor services and other direct project expenses as requested by the client.
* Telephone, equipment, and fax are included in the above hourly costs. * Direct expenses including blacklining, commercial CAD plotting, sub-consultant expense, issuance of specially endorsed insurance certificate, and direct costs are billed at cost plus 5% unless stated otherwise in the proposal.
General Provisions:
• Project reimbursable expenses are billed at cost.
• Project expenses include: Non-commuter automobile mileage ($0.585 per mile) or current IRS rate, postage and special courier expenses, travel expenses, reproduction, subcontractor services and other direct project expenses as requested by the client. • Telephone, equipment, and fax are included in the above hourly costs. • Direct expenses including blacklining, commercial CAD plotting, sub-consultant expense, issuance of specially endorsed insurance certificate, and direct costs are billed at cost plus 5% unless stated otherwise in the proposal.
3 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
1340 Reynolds Ave | Suite 110
Irvine, CA 92614
www.KDMMeridian.com
- 1 -
KDM Meridian Fee Schedule
(Rev. Ver. 220315_P2205-13)
Subconsultant to: KOA Corporation
Rates for: City of Montebello On-Call Architectural and Engineering Design Services RFP No. 22-8 Issuing Agency: City of Montebello
Discipline: Land Survey & Mapping
Valid Period: 2022 thru 2024 (Initial Term of Agreement) Professional Services
Schedule Category 2022 2023 2024
Principal $225.00 $237.00 $248.00
Project Manager $210.00 $220.00 $232.00
Project Surveyor (Survey Map/Document Review Supervision) $195.00 $204.00 $215.00 Survey Technician (Survey Map/Document Review) $157.00 $165.00 $173.00 Clerical / Administration / Technical Aide $ 90.00 $ 94.00 $ 99.00 Expert Witness (4 Hour Minimum) $420.00 $441.00 $463.00 Survey Crew (1-person) (Prevailing Wage) $215.00 $226.00 $237.00 Survey Crew (2 persons) (Prevailing Wage) $330.00 $347.00 $364.00 Survey Crew (3 persons) (Prevailing Wage) $460.00 $485.00 $507.15 Reimbursables
Schedule Category Rate
Rental of Special Equipment or Special Supplies Cost + 5% Subconsultants Cost + 5%
Agency Fees Actual Cost
Airfare Cost + 5%
Per Diem (Meals & Lodging) GSA Published Rates
Miscellaneous Fee Schedule Terms
Fee Schedule Terms and Conditions
A minimum of 4 hours per day will be charged for survey crews.
Over-time will be charged at 1.35 times the regular rate.
Double-time will be charged at 1.75 times the regular rate.
The above rates shall be charged portal to portal (time spent on project site plus travel time) excluding meal breaks.
4 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Schedule of Fees 2022 - 2023
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Personnel Rates: Per Hour Unless Otherwise Noted
Engineering and Consulting Personnel Rate Equipment Usage (Daily Unless Otherwise Noted) Rate Senior Principal Advisor/Consultant 350.20$ Skidmore 41.20$ Principal Engineer/Geologist 247.20$ Torque Wrench, Small 15.45$ Metallurgical Engineer 360.50$ Torque Wrench, Large 25.75$ Registered Geotechnical Engineer 242.05$ Torque Multiplier 41.20$ Technical Advisor 236.90$ Air Meter 20.60$
Material Scientist, Welding/NDT Consultant 247.20$ Unit Weight Bucket 30.90$ Registered Geologist/Certified Engineering Geologist 242.05$ Field Concrete Scale 30.90$ Senior Engineer/Geologist 216.30$ Brass Mold 20.60$ Registered Civil Engineer 211.15$ Nuclear Gauge (Per Hour) 10.30$ Roofing/Waterproofing Consultant 236.90$ Sand Cone Density Test Equipment 51.50$ Project Engineer/Manager 206.00$ Pull Test Equipment 61.80$ Quality Control Manager 195.70$ Concrete/Asphalt Coring Equipment 618.00$ Senior Staff Engineer/Geologist 190.55$ Pachometer 56.65$ Staff Engineer/Geologist 185.40$ Floor Flatness (Dipstick) 51.50$ Quality Control Administrator 175.10$ Schmidt Hammer 30.90$ Metallurgical Technician 149.35$ Vapor Emission Test Kits 30.90$ CADD Operator/Draftsperson 135.96$ Relative Humidity Probe 61.80$ Office Support/Clerical 97.85$ UPV (Ultrasonic Pulse Velocity) Meter 360.50$ Field Supervisor 169.95$ Fireproofing Adhesion/Cohesion (Per Test) 36.05$ Safety Supervisor 169.95$ A Scan Ultrasonic Equipment and Consumables 77.25$ Laboratory Manager 154.50$ Magnetic Particle Equipment and Consumables 41.20$ Laboratory Technician 128.75$ Liquid Penetrant Consumables 36.05$ Expert Witness Testimony 597.40$ Phased Array Ultrasonic Equipment (Per Hour) 61.80$ Qualified SWPPP Developer 190.55$ Ground Penetrating Radar 309.00$ Qualified SWPPP Practitioner 175.10$ Impact Echo 360.50$ Vibration Engineer 216.30$ Ultrasonic Tomography 463.50$ Inertial Profiler (Per Hour) Quotation
Project Dedicated Vehicle 123.60$
Field Inspection Personnel Rate Roller Compacted Concrete Vibrating Hammer/Tampling Plate 72.10$ Concrete/Reinforced Steel Inspector 128.75$ Half-cell Potential Equipment Set 360.50$ Prestressed/Post Tensioned Inspector 128.75$ Concrete Electrical Resistivity Meter 164.80$ Concrete ICC Inspector 128.75$ Field Hardness (Steel) 103.00$ Drilled-In-Anchor Inspector 128.75$ Coating Thickness Gauge 103.00$ Gunite/Shotcrete Inspector 128.75$ Wood Curing Box (One-Time Fee/Per Box) 618.00$ Masonry Inspector 128.75$ Temperature Control Curing Box (Per Month) 463.50$ Structural Steel/Welding Inspector 128.75$ Temperature Matching Curing Box (Per Month) 535.60$ AWS Certified Welding Inspector 128.75$
Fireproofing Inspector 128.75$
Lead Inspector 131.84$ Specimen Pick-Up Rate
Firestop Special Inspector - IFC Premier 146.26$ Standard Sample: Concrete Cylinders (Each) 28.84$ Firestop Special Inspector - IQP 192.61$ Standard Sample: Mortar/Grout Cubes and Cores, 28.84$ L.A. Deputy Grading Inspector 133.90$ Fireproofing, Rebar, and Epoxy Prisms (Each) -$ Asphalt Field and Plant Inspector/Technician 128.75$ Oversize Sample: Masonry Prisms, Shotcrete Panels, 77.25$ Pile Driving Inspector 128.75$ Flexural Beams (Each) -$ Soils Technician 128.75$ Technician for Specimen Pick-Up Not Listed Above 108.15$ Concrete Quality Control (ACI/Caltrans Technician) 128.75$ (Per Hour, 2-Hour Minimum) -$ Wood Framing Inspector 128.75$ Technician for Specimen Pick-Up Before 5:00 a.m. 144.20$ Roofing/Waterproofing Inspector 135.96$ or After 5:00 p.m. Monday thru Friday, or All Day Saturday Public Works Inspector 146.26$ (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector 154.50$
Electrical Inspector 154.50$
Plumbing Inspector 154.50$ Jobsite Trailer, Mobile or On-site Laboratory Rate Building Inspector 154.50$ Mobile laboratory for rapid strength concrete 566.50$ Vibration Monitoring Technician 149.35$ (per shift not exceeding 12 hours) -$ Field Engineering Technician 128.75$ All others by quotation Shop Inspection Personnel Rate Concrete Tests (Field Made Specimens) Rate Structural Steel Fabrication Inspector 128.75$ 6" x 12" Cylinder: Compression Strength 41.20$ Batch Plant Quality Control Technician/Inspector 128.75$ (ASTM C39) -$ Glue-Laminated Fabrication Inspector Quotation 4" x 8" Cylinder: Compression Strength 36.05$ Pre-Cast Concrete/Pipe Fabrication Inspector 128.75$ (ASTM C39) -$ Density of Structural Lightweight Concrete 87.55$
Equilibrium or Oven Dry Method (ASTM C567) -$
Nondestructive Testing Personnel Rate Core Compression including Trimming (ASTM C42) 77.25$ NDE Ultrasonic Testing Technician 133.90$ 6" x 6" x 18" Flexural Beams Not Exceeding 103.00$ NDE Magnetic Particle Testing Technician 133.90$ Referenced Size (ASTM C78, C293 or CTM 523) -$ NDE Dye Penetrant Testing Technician 133.90$ Splitting Tensile Strength (ASTM C496) 97.85$ Combination NDE Technician/Welding Inspector 133.90$ Modulus of Elasticity Test (ASTM C469) 283.25$ Radiographic Testing (crew of 2) 360.50$ Rapid Chloride Permeability Test: Cylinders or 535.60$ NDE Engineer 226.60$ Cores (ASTM C1202) -$
Density, Absorption, and Voids in Hardened 535.60$
Concrete (ASTM C642)
95322
95323
Task
Code
10401
20209
10325
10328
20205
20207
Task
Code
20211
10405
80003
80006
CodeCode
20202
10301
10309
20203
20201
10403
10305
10409
10020
10519
95360
10521
10523
50003
Task
70101
10107
60001
Task
10515
Code
30002
10122
10500
Task
10117
20107
70109
75001
20109
70103
10113
20101
10201
10203
20103/
10207
20104
10103
10105
Task
10109
Code
10111
20102
95357Task
95364Code
9536710101
95372
95370
95371
95373
90005
95345
91010
91000
95349
91030
95306
20000
95307
98000
95347
30001
10019
95351
90001
95300
70107
95303
10005
95341
10007
95342
10015
9533995103
95327
10013
95336
30000
95330
70003
95343
10003
95333
10009
95348
95319
Task
Code
10115
10501
95362
95368
95369
70000 95315
10010 95321
10011
95324
10026 95318
10001 95309
10017 95312
60003
1
5 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Concrete Tests (Field Made Specimens),
Continued Rate Physical and Chemical Analysis of Cement, Continued Rate Flexural Toughness (ASTM C1609, Formerly 824.00$ Physical Testing of Type K Cement, Mortar 695.25$ ASTM C1018) -$ Expansion (ASTM C806)
Flexural Toughness (ASTM C1550) 515.00$ Partial Analysis or Specific Physical Tests Quotation Double Punch Strength of Fiber Reinforced Concrete 515.00$ Sulfates Resistance of Hydraulic 2,781.00$ Coefficient of Thermal Expansion of Concrete 618.00$ Cement (ASTM C1012), 6 months -$ (CRD 39, AASHTO T336) -$ Sulfates Resistance of Hydraulic 3,090.00$ Bulk Electrical Resistivity (ASTM C1876) 123.60$ Cement (ASTM C1012), 12 months Concrete Specimen Preparation Rate Physical and Chemical Analysis of Fly Ash Rate Sawing of Specimens (Each) 41.20$ Chemical Analysis of Fly Ash per 675.00$ Coring of Specimens in Lab (Each) 41.20$ Standard Requirements (ASTM C618) Grinding of Concrete Below 6000 psi Strength (Each) 61.80$ Physical Testing of Fly Ash per Standard Requirements 675.00$ Grinding of Concrete 6000 psi Strength and Above (Each) 92.70$ (ASTM C618) Partial Analysis or Specific Physical Tests Quotation
Laboratory Trial Batch: Concrete, Cement Chemical Analysis and Physical Testing of Fly Ash per 1,300.00$ and Mortar Rate Standard Requirements (ASTM C1618)
Compression Test 4"x8" Cylinders Made and Tested in 51.50$ Laboratory (ASTM C192, C35) -$ Physical Testing of Chemical Admixtures for Compression Test 6"x12" Cylinders Made and Tested in 61.80$ Concrete Rate Laboratory (ASTM C192, C35) -$ Qualification of Admixture per ASTM C494 Quotation 6" x 6" x 18" Flexural Beams Made and Tested in 103.00$ Laboratory (ASTM C192, C78) -$
Splitting Tensile Strength Cylinders Made and Tested 118.45$ Soils and Aggregate Tests Rate in Laboratory (ASTM C192, C496) -$ Abrasion: LA Rattler (ASTM C131) 206.00$ Modulus of Elasticity Test Cylinders Made and Tested in 293.55$ Abrasion: LA Rattler (ASTM C535) 216.30$ Laboratory (ASTM C192, C469) -$ Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) 164.80$ Density of Structural Lightweight Concrete Made in the 108.15$ California Bearing Ratio Excluding Maximum Density 566.50$ Laboratory, Equilibrium or Oven Dry Method (ASTM C567) -$ (ASTM D1883): Soil -$ Bulk Electrical Resistivity (ASTM C1876) 144.20$ California Bearing Ratio Excluding Maximum Density 669.50$ Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) 540.75$ (ASTM D1883): Cement-Treated Soil -$ Concrete Mixture Design for Preconsruction Evaluation and 257.50$ Cement-Treated Soil/Base Mix Design: includes three trial 3,605.00$ Backup Data Development -$ cement contents with three unconfined compressive strength -$ Drying Shrinkage Up to 28 Days: Three 3" x 3" or 515.00$ specimens per cement content -$ 4" x 4" Bars, Five Readings up to 28 Dry Days -$ Chloride and Sulfate Content (CTM 417, CTM 422) 180.25$ (ASTM C157) -$ Clay Lumps and Friable Particles (ASTM C142) 206.00$ Additional Reading, Per Set of Three Bars 46.35$ Cleanness Value: 1" x #4 (CTM 227) 180.25$ Storage over Ninety (90) Days, Per Set of 30.90$ Cleanness Value: 1.5" x .75" (CTM 227) 283.25$ Three Bars, Per Month -$ Collapse Potential/Index (ASTM D5333) 231.75$ Setting Time Up to 7 Hours (ASTM C403) 185.40$ Compressive Strength of Molded Soil-Cement 108.15$ Bleeding (ASTM C232) 154.50$ Cylinders (ASTM D1633) -$ Concrete Restrained Expansion (ASTM C878) 618.00$ Consolidation Test: Full Cycle (ASTM 2435, CTM 219) 200.85$ Mix, Make and Test Mortar or Grout Specimens for 566.50$ Consolidation Test: Time Rate per Load Increment 46.35$ Compressive Strength: Set of 6 (ASTM C878) -$ (ASTM D2435, CTM 219) -$ Non-Shrink Grout: Height Change after Final 566.50$ Corrosivity Series: Sulfate, CI, pH, Resistivity 252.35$ Set (ASTM C1090) -$ (CTM 643, 417, and 422) -$ Non-Shrink Grout: Height Change at Early 824.00$ Crushed/Fractured Particles (ASTM D5821, CTM 205) 180.25$ Age (ASTM C827) -$ Direct Shear Test: Remolded and/or Residual 252.35$ Cracking Resistance, Set of Three Rings, 5,665.00$ (ASTM D3080) -$ Laboratory Trial Batching, Test Until Cracking or -$ Direct Shear Test: Undisturbed - Slow [CD] (ASTM D3080) 231.75$ up to 28 Days (ASTM 1581) -$ Direct Shear Test: Undisturbed - Fast [CU] (ASTM D3080) 200.85$ Evaluation of Pre-Packaged Masonry Mortars 1,184.50$ Durability Index: Per Method - A,B,C, or D 216.30$ (ASTM C270) -$ (ASTM D3744, CTM 229) -$
Creep (ASTM C512) (One Age of Loading, 12 Months 8,240.00$ Expansion Index (ASTM D4829, UBC 18-2) 175.10$ Duration of Testing) Fine Aggregate Angularity 195.70$
(ASTM C1252, CTM 234, AASHTO T304) -$
Chemical Analysis and Petrographic Flat and Elongated Particle (ASTM D4791) 247.20$ Examination of Concrete Rate Flat or Elongated Particle (ASTM D4791) 216.30$ Chemical Analysis for Acid Soluble Chlorides 149.35$ Maximum Density: Methods A/B/C 195.70$ (ASTM C1152) (includes sample prep) -$ (ASTM D1557, D698, CTM 216) -$ Chemical Analysis for Water Soluble Chlorides 175.10$ Maximum Density: Check Point (ASTM D1557, D698) 66.95$ (ASTM C1218) (includes sample prep) -$ Maximum Density: AASHTO C [Modified] 200.85$ Chloride Diffusion Coefficient of Cementitious 2,678.00$ (AASHTO T-180) -$ Mixtures by Bulk Diffusion (ASTM C1556) -$ Maximum Index Density: Vibratory Table (ASTM D4253) 355.35$ Petrographic Examination of Hardened Concrete, Level II -$ Moisture Content (ASTM D2216, CTM 226) 25.75$ (ASTM 856) (Comprehensive) -$ Moisture and Density: Ring Sample (ASTM D2937) 30.90$ Each, One Sample 2,472.00$ Moisture and Density: Shelby Tube Sample 41.20$ Each, Two or More Samples 2,163.00$ (ASTM D2937) -$
Moisture-Density Relations of Soil-Cement 283.25$
Mixtures Premixed in the Field (ASTM D558) -$
Physical and Chemical Analysis of Cement Rate Moisture-Density Relations of Soil-Cement Mixtures 360.50$ Physical Testing and Chemical Analysis of Portland 1,339.00$ Mixed in the Lab (ASTM D558) -$ Cement per Standard Requirements (ASTM C150) -$ Organic Impurities (ASTM C40, CTM 213) 92.70$ Chemical Analysis of Portland Cement per 695.25$ Permeability (ASTM D5084) Quotation Standard Requirements (ASTM C150) -$ Potential Reactivity: Chemical Method (ASTM C289 - 625.00$ Physical Testing of Portland Cement per 695.25$ Discontinued Method) Standard Requirements (ASTM C150) -$ Potential Reactivity: Mortar Bar Expansion Method, 850.00$ 14-Day Exposure (ASTM C1260)
30237
Task
Code
30216
80123
70378
70325
70305
70311
70313
30205
Code
80143
80146
80147
70301
70303
80196
70304
70344
80193
80129
Task
Code
80195
80110
80111
Task
Code
80140
70335
80126
30507
30508
70331
70333
30203
75004
30227
70315
30229
30211
20263
Code
30225
Code
80106
70337
30401
70343
80001
70394
80103
70339
30217
30219
70341
70340
70342
80194
80100
30230
30231
30233
70317
30234
70319
70321
Task
20265
30232
30207
30403
30209
30321
70309
30322
30201
70393
70396
30503
30505
30223
Task
Code
Code
Task
40012
40005
40009
Task
Task
Code
20151
20157
40006
20159
20160
Task
40007
70336
2
6 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Soils and Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Potential Reactivity: Mortar Bar Expansion Method, 927.00$ Marshall Stability and Flow 6'' Specimen, Premixed, 236.90$ 28-Day Exposure (ASTM C1260) -$ 3 briquettes (ASTM D5581) -$ Potential Reactivity: Concrete Bar Expansion 2,781.00$ Moisture Content (CTM 370) 87.55$ Method (ASTM C1293), 12 month -$ Wet Track Abrasion Test (ASTM D3910) 169.95$ Potential Reactivity: Concrete Bar Expansion 2,987.00$ Hveem Mix Design (Excluding Aggregate Quality Tests) 5,356.00$ Method (ASTM C1293), 24 month -$ Hveem Mix Design, with RAP (Excluding Aggregate 5,814.35$ Potential Reactivity of Aggregate Combination, non-standard 1,030.00$ Quality Tests, RAP Qualification) -$ method; 14-Day Exposure, Mortar (after ASTM C1567) -$ Hveem Mix Design, with Lime (Excluding Aggregate 6,180.00$ Potential Reactivity of Aggregate Combination, non-standard 1,081.50$ Quality Tests) -$ method; 28-Day Exposure, Mortar (after ASTM C1567) -$ Hveem Mix Design Caltrans Untreated Mix 6,386.00$ R-Value: Soil (ASTM 2844, CTM 301) 453.20$ (Including Aggregate Quality Tests) -$ R-Value: Aggregate Base (ASTM D2844, CTM 301) 504.70$ Hveem Mix Design Caltrans Lime Treated Mix 7,416.00$ Sand Equivalent (ASTM D2419, CTM 217) 128.75$ (Including Aggregate Quality Tests) -$ Sieve #200 Wash Only (ASTM D1140, CTM 202) 92.70$ Marshall Mix Design (Excluding Aggregate Quality Tests) 5,356.00$ Sieve with Hydrometer: 3/4" Gravel to Clay (ASTM D422, 257.50$ Marshall Mix Design with RAP (Excluding Aggregate 5,814.35$ D7928, CTM 203) -$ Quality Tests) -$
Sieve with Hydrometer: Sand to Clay (ASTM D422, 247.20$ Marshall Mix Design with Lime (Excluding Aggregate 6,386.00$ D7928, CTM 203) -$ Quality Tests) -$
Sieve Analysis Including Wash (ASTM C136, CTM 202) 154.50$ Open Grade Asphalt Concrete Mix Design 3,090.00$ Sieve Analysis Without Wash (ASTM C136, CTM 202) 123.60$ (ASTM D7064, CTM 368) -$ Sieve Analysis: Split Sieve (ASTM C136, CTM 202) 247.20$ Superpave Mix Design (Excluding Aggregate Quality Tests) 10,918.00$ Sieve Analysis Without Wash: With Cobbles 242.05$ Superpave Mix Design, with RAP 11,536.00$ (ASTM C136, CTM 202) -$ (Excluding Aggregate Quality Tests) -$ Soundness: Sodium or Magnesium Sulfate, 463.50$ Superpave Mix Design, with Rubber 11,536.00$ 5 Cycles (ASTM C88) -$ (Excluding Aggregate Quality Tests) -$ Specific Gravity and Absorption: Coarse 103.00$ Superpave Mix Design, with Additives 11,845.00$ (ASTM C127, CTM 206) -$ (Excluding Aggregate Quality Tests) -$ Specific Gravity and Absorption: Fine 169.95$ Effect of Moisture on Asphalt Paving Mixtures, Pre-Mixed 1,030.00$ (ASTM C128, CTM 207) -$ (ASTM D4867, AASHTO T283) -$ Swell/Settlement Potential: One Dimensional 154.50$ Hamburg Wheel Track Test, 20,000 passes, 4 briquettes 1,133.00$ (ASTM D4546) (AASHTO T324) -$
Triaxial Quotation Raveling Test of Cold Mixed Emulsified Asphalt 206.00$ Unconfined Compression (ASTM D2166, CTM 221) 195.70$ (ASTM D7196) -$ Unit Weight Per Cubic Foot (ASTM C29, CTM 212) 128.75$ Marshall Stability, wet set, 3 replicates (AASHTO T245) 360.50$ Voids in Aggregate with Known Specific Gravity 128.75$ Marshall Stability, dry set, 3 replicates (AASHTO T245) 309.00$ (ASTM C29, CTM 212) -$ Cold Recycled Asphalt Mix Design: 2 gradings each, 10,815.00$ Lightweight Particles: Coarse, with Two Solutions (ASTM C123) 422.30$ 3 emulsion content (Caltrans LP-8) Lightweight Particles: Fine, with One Solution (ASTM C123) 211.15$ Brick Masonry Tests, ASTM C67 Rate
Asphalt Concrete Tests Rate Modulus of Rupture: Flexural 97.85$ HMA Mixing and Preparation 128.75$ Compression Strength 61.80$ HMA Mixing and Preparation with Aggregate Treatment 180.25$ Absorption: 5 Hour or 24 Hour 66.95$ Bulk Specific Gravity of Compacted Sample or 56.65$ Absorption (Boil): 1, 2 or 5 Hours 97.85$ Core: SSD (ASTM D2726, CTM 308C) -$ Initial Rate of Absorption 56.65$ Bulk Specific Gravity of Compacted Sample or 82.40$ Efflorescence 77.25$ Core: Parafin Coated (ASTM D1188 and CTM 308A) -$ Cores: Compression 72.10$ Emulsion Residue, Evaporation (ASTM D244) 164.80$ Shear Test on Brick Cores: 2 Faces 97.85$ Extraction: % Bitumen (ASTM D6307, CTM 382) 164.80$
Extraction: % Bitumen and Gradation 221.45$
(ASTM D5444, D6307, CTM 202, 382) -$ Concrete Block, ASTM C140 Rate Extraction: % Bitumen, Correction Factor 360.50$ Compression 92.70$ (ASTM D6307, CTM 382) -$ Absorption/Moisture Content/Oven Dry Density 92.70$ Chemical Extraction: % Bitumen and Sieve Analysis 252.35$ Linear Shrinkage (ASTM C426) 257.50$ (ASTM D2172 Method A or B, ASTM D5444) -$ Web and Face Shell Measurements 51.50$ Lab Tested Maximum Density: Hveem, 3 briquettes 221.45$ Tension Test 164.80$ (ASTM D1561, D1188, CTM 304, 308) -$ Core Compression 72.10$ Hveem Stabilometer Test, Premixed, 3 briquettes 221.45$ Shear Test of Masonry Cores: 2 Faces 97.85$ (ASTM D1560, D1561, CTM 304, 366) -$ Efflorescence Tests 77.25$ Lab Tested Maximum Density: Marshall, 216.30$
3 briquettes (ASTM D6926, D2726) -$
Lab Tested Maximum Density: Marshall 221.45$ Masonry Prisms, ASTM C1314 Rate 6'' Specimen, 3 briquettes (ASTM D5581, D2726) -$ Compression Test: Composite Masonry 195.70$ Lab Tested Maximum Density: Superpave Gyratory 82.40$ Prisms Up To 8" x 16" -$ Compacted Briquette, SSD, 1 briquette -$ Compression Test: Composite Masonry 257.50$ (ASTM D6925, D2726) -$ Prisms Larger Than 8" x 16" -$ Lab Tested Maximum Density: Superpave Gyratory 92.70$ Prism Cord Modulus of Elasticity 556.20$ Compacted Briquette, Parafin, 1 briquette -$ Prism Cord Modulus of Elasticity with Transverse 684.95$ (ASTM D1188, D6925) -$ Strain (for double-wythe specimen) Maximum Theoretical Specific Gravity [RICE] 164.80$
(ASTM D2041, CTM 309) -$
Marshall Stability and Flow, Cored Sample, each 82.40$ Mortar and Grout Rate (ASTM D6927) -$ Compression: 2" x 4" Mortar Cylinders (ASTM C780) 56.65$ Marshall Stability and Flow, Premixed, 3 briquettes 236.90$ Compression: 3" x 3" x 6" Grout Prisms, 41.20$ (ASTM D6926, D6927) -$ Includes Trimming (ASTM C1019) -$ Marshall Stability and Flow, Gyratory Compacted 236.90$ Compression: 2" Cubes (ASTM C109) 56.65$ Specimen Pre-Mixed, 3 briquettes Compression: Cores Includes Trimming (ASTM C42) 77.25$ (ASTM D5581, D6925)
75107
75063
20355
20357
75099
75090
75005
20331
20321
20327
75093
75096
75075
75094
75095
20329
20333
20339
Task
20347
Code
75050
75052
75069
75066
20341
20343
20346
75106
75084
75087
75028
75033
20351
20353
20301
Code
75049
75051
Code
75070
75040
20311
Task
Code
75032
20313
75083
20335
Task
75113
75109
70369
30317
30319
70360
75114
20315
Task
75048
20323
Task
75042
75057
75115
70361
70363
70365
70367
75068
75067
70371
75111
75039
70373
Code
20303
20305
20307
20309
75031
30411
30412
75036
75030
75024
75027
70397
70392
70345
70351
70353
70398
Task Task
Code Code
70349
70347
70399
70359
70391
70357
70355
3
7 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Machining and Preparation of Tensile and Bend
Masonry Specimen Preparation Rate Sample: Carbon Steel Rate Cutting of Cubes or Prisms 77.25$ Machinist: Initial Preparation from Mock-up, Etc. 108.15$ (Per Hour) -$
Sawcut to Overall Width (Per 0.5" Thickness or 56.65$
Fireproofing Tests Rate Fraction Thereof) -$
Oven Dry Density (ASTM E605) 72.10$ Machine to Test Configuration: Milled Specimens 77.25$ Machine to Test Configuration: Turned Specimens 149.35$ (Per 0.5" Thickness or Fraction Thereof) -$
Gunite and Shotcrete Tests Rate Prepare Subsize Specimens (Per 0.5" Thickness 97.85$ Core Compression Including Trimming (ASTM C42) 77.25$ or Fraction Thereof) Compression: Cubes (Includes Saw Cutting) 97.85$
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Charpy Impact Rate Lightweight Insulating Concrete, Etc. Rate Charpy Impact Ambient Temperature 97.85$ Compression Test (ASTM C495 and C472) 66.95$ Charpy Impact Reduced Temperature 128.75$ Air Dry Density (ASTM C472) 51.50$
Oven Dry Density (ASTM C495) 77.25$
Machining of Charpy Samples: Carbon Steel Rate
Cutting and Milling (Per 0.5" or Fraction Thereof) 87.55$ Reinforcing Steel, ASTM A615, A706 Rate Final Machining to Sample Configuration 97.85$ Tensile Test: # 11 or Smaller 66.95$
Bend Test: # 11 or Smaller 61.80$ Prestressing Wires and Tendons, Bend Test #14 or #18 386.25$ (ASTM A416) Rate
Tensile Test: # 14 267.80$ Stress-Strain Analysis: Wire or Strands 206.00$ Tensile Test: # 18 370.80$ (Including Chart and Percent Offset) Tensile Test Only 149.35$
Reinforcing Steel - Welded or Coupled Tendons Quotation Specimens Rate
Tensile Test: Welded/Coupled #11 and Smaller 77.25$ Polymer Matrix Composite Materials Tensile Test: Welded/Coupled #14 278.10$ (Fiberwrap) Rate Tensile Test: Welded/Coupled #18 406.85$ Tensile Strength – Set of 5 Specimens/batch/ 1,390.50$ Weld: Macroetch 92.70$ direction (ASTM D3039) -$ Slippage Test - Caltrans (CTM 670) 206.00$ Tensile Strength – Additional Specimens 257.50$ Tensile Test: Welded Hoops #11 and Smaller 154.50$ (ASTM D3039) -$ Heating Chamber Time – Per 24 hr period 97.85$
Metal and Steel Testing Rate Calibration Services and Universal Machine Tensile Strength: Up to 100K Pounds (Each) 72.10$ Usage Rate Tensile Strength: Up to 200K Pounds (Each) 82.40$ Calibration/Verification Services Quotation Tensile Strength: Up to 300K Pounds (Each) 103.00$ Universal Test Machine Usage (Per Hour) 400.00$ Tensile Strength: Up to 400K Pounds (Each) 154.50$
Tensile Strength: 400K to 600K Pounds (Each) 370.80$ Ceramic Tile Testing Division Rate Tensile Strength: Stress-Strain Percent Offset 206.00$
Weld: Macroetch 92.70$
Weld: Fracture 46.35$
Bend Test 72.10$
Flattening Test 72.10$
Hardness Test (ASTM E18) 82.40$ Cylic and Fatigue Testing Programs on Special Products/Parts Quotation Bolt: Axial Tensile Test (Up to 7/8" diameter) 56.65$ Engineering and Technical supports/Design of Prototypes and Special Bolt: Wedge Tensile Test (Up to 7/8" diameter) 72.10$ Test Set-Up Quotation Bolt: Axial Tensile Test (Greater than 7/8" 77.25$ Fastener/Coupling Full Testing Program Per New Regulations: Tension, up to 1" diameter) Tension/Bend, Shear, Double Shear, 8 Compressions Quotation Bolt: Wedge Tensile Test (Greater than 7/8" 97.85$ Fiberglass/Composite Materials Field Testing Program (ASTM D1143 up to 1" diameter) D1242, D2584, D4065, D4476, D4923, D7901, D7921, and D732) Quotation Bolt: Axial Tensile Test (Greater than 1" diameter) Quotation Field Testing of Structures and Structural Elements Quotation Bolt: Wedge Tensile Test (Greater than 1" diameter) Quotation In-Place Shear Testing Quotation Bolt: Proof Load Test (Up to 7/8") 82.40$ Materials and/or Product Evaluation Per Specifications Quotation Bolt: Proof Load Test (Greater than 7/8" up to 1" diameter) 103.00$ Structural Dynamic Testing and Durability Analysis Quotation Bolt: Proof Load Test (Greater than 1") Quotation
Nut: Proof Load Test (Up to 7/8") 61.80$
Nut: Proof Load Test (Greater than 7/8" up to 1" diameter) 82.40$ Nut: Proof Load Test (Greater than 1") Quotation
Chemical Testing of Metal and Steel Rate
Steel Chemical Analysis 180.25$
Weight of Galvanized Coating (ASTM A90) 82.40$
Epoxy Coating Thickness 92.70$ 80176
20619
80173
Task
Code
20609
20707
Code
20601
20708
20603
20634
20630
Code
80170
20605
20640
20641
20545
20611
20631
20607
20529
20532
Task
20637
20638
20639
20636
20635
20531
20633
Task
20632
20617
20753
Code
Task
Code
20801
The Ceramic Tile Institute of America (CTIOA) and Twining worked together to advance and develop technology designed to enhance the quality of materials and workmanship in the ceramic tile industry. A separate schedule of fees for these services is available upon request.
Task
Task
Code
20706
20803
20751
20615
20361
20365
20501
20503
20525
20547
Task
20371
20373
20379
CodeTask
20521
20701
20621
Code
20755
Task
20523
20705
20623
Task
20703
20504
20505
Task
Code
Code
20780
20783
20401
20507
Code
Task
20757
Task
Code
20759
Code
Task
Code
20155
4
8 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
General Conditions
NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 12.
NOTE: A minimum of 24 hours notice is required for testing and inspection services.
NOTE: For projects subject to a Project Labor Agreement (PLA), if terms/conditions of the PLA are more restrictive those terms/conditions will apply.
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Administrative Fees
All administrative costs including report distribution and Twining ConstructionHive system are billed at the following percentage of the monthly invoice total:
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested.
Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
Regular Time
The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 p.m.
Time and One-Half (All Types of Inspection)
All shifts will be billed based on the time and date of their start. Any increment past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday.
Time and one-half will also be charged for the first four hours before 5:00 a.m. and after 5:00 p.m.
Double Time (All Types of Inspection)
All shifts will be billed based on the time and date of their start. After the first 12 hours worked Monday through Saturday, all day Sunday, holidays, and the first Saturday following the first Friday in June and December. After the first four hours worked before 5:00 a.m. and after 5:00 p.m. Holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving and Christmas Day.
Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.
Shift Differential (Applies to Regularly Scheduled Shifts Only) A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 5:00 p.m. time period. Twining will require 48-hour notice along with the General Contractors approved shift letter prior to beginning a shift that will include hours falling outside this time period. Should this notice not be provided, all work performed on that shift will be billed at the applicable overtime or double time rate.
If three shifts per day are required, the first shift will be billed at the standard rate. The second shift shall be billed in accordance with the previous paragraph.
The third shift shall be billed at 8 hours for the first 6 1/2 hours worked and appropriate overtime or double time for all hours thereafter.
Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, $0.70 per excess mile to and from the project will be charged for inspectors and technicians.
Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis. For all projects, $0.70 per mile rate and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.
For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance.
Weekend Sample Pick-Ups
In order to be in strict conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.
Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.
Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.
Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs will apply should Twining be required to provide such facilities.
Subsistence
Subsistence on remote jobs will be charged per quotation.
Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge with a minimum of one hour will be applied for the laboratory technician. 1.5 x regular test rate will be charged for rush testing.
Charges for Subcontracted Services
Material sent to outside laboratory for testing:
Material sent to outside fabricator or machine shop:
Glu-Lam beam inspection:
Other subcontractors:
Project exclusive equipment purchase:
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
4%
5
9 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
General Conditions, Continued
Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month.
Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.
Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.
In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.
A 3% fee will be applied for payments processed by credit card.
All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants and agents for termination of work on account of these terms.
In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non- adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.
Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.
Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes and relevant project requirements. Representativeness of sampling and same accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.
Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.
Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made.
Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.
Elevated Work Platforms
In the event an elevated work platform is required to safely complete our inspections, the client must provide safe access, including a trained and certified operator, to Twining inspection and testing personnel. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 6
10 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Schedule of Fees 2023 - 2024
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Personnel Rates: Per Hour Unless Otherwise Noted
Engineering and Consulting Personnel Rate Equipment Usage (Daily Unless Otherwise Noted) Rate Senior Principal Advisor/Consultant 360.40$ Skidmore 42.40$ Principal Engineer/Geologist 254.40$ Torque Wrench, Small 15.90$ Metallurgical Engineer 371.00$ Torque Wrench, Large 26.50$ Registered Geotechnical Engineer 249.10$ Torque Multiplier 42.40$ Technical Advisor 243.80$ Air Meter 21.20$
Material Scientist, Welding/NDT Consultant 254.40$ Unit Weight Bucket 31.80$ Registered Geologist/Certified Engineering Geologist 249.10$ Field Concrete Scale 31.80$ Senior Engineer/Geologist 222.60$ Brass Mold 21.20$ Registered Civil Engineer 217.30$ Nuclear Gauge (Per Hour) 10.60$ Roofing/Waterproofing Consultant 243.80$ Sand Cone Density Test Equipment 53.00$ Project Engineer/Manager 212.00$ Pull Test Equipment 63.60$ Quality Control Manager 201.40$ Concrete/Asphalt Coring Equipment 636.00$ Senior Staff Engineer/Geologist 196.10$ Pachometer 58.30$ Staff Engineer/Geologist 190.80$ Floor Flatness (Dipstick) 53.00$ Quality Control Administrator 180.20$ Schmidt Hammer 31.80$ Metallurgical Technician 153.70$ Vapor Emission Test Kits 31.80$ CADD Operator/Draftsperson 139.92$ Relative Humidity Probe 63.60$ Office Support/Clerical 100.70$ UPV (Ultrasonic Pulse Velocity) Meter 371.00$ Field Supervisor 174.90$ Fireproofing Adhesion/Cohesion (Per Test) 37.10$ Safety Supervisor 174.90$ A Scan Ultrasonic Equipment and Consumables 79.50$ Laboratory Manager 159.00$ Magnetic Particle Equipment and Consumables 42.40$ Laboratory Technician 132.50$ Liquid Penetrant Consumables 37.10$ Expert Witness Testimony 614.80$ Phased Array Ultrasonic Equipment (Per Hour) 63.60$ Qualified SWPPP Developer 196.10$ Ground Penetrating Radar 318.00$ Qualified SWPPP Practitioner 180.20$ Impact Echo 371.00$ Vibration Engineer 222.60$ Ultrasonic Tomography 477.00$ Inertial Profiler (Per Hour) Quotation
Project Dedicated Vehicle 127.20$
Field Inspection Personnel Rate Roller Compacted Concrete Vibrating Hammer/Tampling Plate 74.20$ Concrete/Reinforced Steel Inspector 132.50$ Half-cell Potential Equipment Set 371.00$ Prestressed/Post Tensioned Inspector 132.50$ Concrete Electrical Resistivity Meter 169.60$ Concrete ICC Inspector 132.50$ Field Hardness (Steel) 106.00$ Drilled-In-Anchor Inspector 132.50$ Coating Thickness Gauge 106.00$ Gunite/Shotcrete Inspector 132.50$ Wood Curing Box (One-Time Fee/Per Box) 636.00$ Masonry Inspector 132.50$ Temperature Control Curing Box (Per Month) 477.00$ Structural Steel/Welding Inspector 132.50$ Temperature Matching Curing Box (Per Month) 551.20$ AWS Certified Welding Inspector 132.50$
Fireproofing Inspector 132.50$
Lead Inspector 135.68$ Specimen Pick-Up Rate
Firestop Special Inspector - IFC Premier 150.52$ Standard Sample: Concrete Cylinders (Each) 29.68$ Firestop Special Inspector - IQP 198.22$ Standard Sample: Mortar/Grout Cubes and Cores, 29.68$ L.A. Deputy Grading Inspector 137.80$ Fireproofing, Rebar, and Epoxy Prisms (Each) -$ Asphalt Field and Plant Inspector/Technician 132.50$ Oversize Sample: Masonry Prisms, Shotcrete Panels, 79.50$ Pile Driving Inspector 132.50$ Flexural Beams (Each) -$ Soils Technician 132.50$ Technician for Specimen Pick-Up Not Listed Above 111.30$ Concrete Quality Control (ACI/Caltrans Technician) 132.50$ (Per Hour, 2-Hour Minimum) -$ Wood Framing Inspector 132.50$ Technician for Specimen Pick-Up Before 5:00 a.m. 148.40$ Roofing/Waterproofing Inspector 139.92$ or After 5:00 p.m. Monday thru Friday, or All Day Saturday Public Works Inspector 150.52$ (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector 159.00$
Electrical Inspector 159.00$
Plumbing Inspector 159.00$ Jobsite Trailer, Mobile or On-site Laboratory Rate Building Inspector 159.00$ Mobile laboratory for rapid strength concrete 583.00$ Vibration Monitoring Technician 153.70$ (per shift not exceeding 12 hours) -$ Field Engineering Technician 132.50$ All others by quotation Shop Inspection Personnel Rate Concrete Tests (Field Made Specimens) Rate Structural Steel Fabrication Inspector 132.50$ 6" x 12" Cylinder: Compression Strength 42.40$ Batch Plant Quality Control Technician/Inspector 132.50$ (ASTM C39) -$ Glue-Laminated Fabrication Inspector Quotation 4" x 8" Cylinder: Compression Strength 37.10$ Pre-Cast Concrete/Pipe Fabrication Inspector 132.50$ (ASTM C39) -$ Density of Structural Lightweight Concrete 90.10$
Equilibrium or Oven Dry Method (ASTM C567) -$
Nondestructive Testing Personnel Rate Core Compression including Trimming (ASTM C42) 79.50$ NDE Ultrasonic Testing Technician 137.80$ 6" x 6" x 18" Flexural Beams Not Exceeding 106.00$ NDE Magnetic Particle Testing Technician 137.80$ Referenced Size (ASTM C78, C293 or CTM 523) -$ NDE Dye Penetrant Testing Technician 137.80$ Splitting Tensile Strength (ASTM C496) 100.70$ Combination NDE Technician/Welding Inspector 137.80$ Modulus of Elasticity Test (ASTM C469) 291.50$ Radiographic Testing (crew of 2) 371.00$ Rapid Chloride Permeability Test: Cylinders or 551.20$ NDE Engineer 233.20$ Cores (ASTM C1202) -$
Density, Absorption, and Voids in Hardened 551.20$
Concrete (ASTM C642)
95322
95323
Task
Code
10401
20209
10325
10328
20205
20207
Task
Code
20211
10405
80003
80006
CodeCode
20202
10301
10309
20203
20201
10403
10305
10409
10020
10519
95360
10521
10523
50003
Task
70101
10107
60001
Task
10515
Code
30002
10122
10500
Task
10117
20107
70109
75001
20109
70103
10113
20101
10201
10203
20103/
10207
20104
10103
10105
Task
10109
Code
10111
20102
95357Task
95364Code
9536710101
95372
95370
95371
95373
90005
95345
91010
91000
95349
91030
95306
20000
95307
98000
95347
30001
10019
95351
90001
95300
70107
95303
10005
95341
10007
95342
10015
9533995103
95327
10013
95336
30000
95330
70003
95343
10003
95333
10009
95348
95319
Task
Code
10115
10501
95362
95368
95369
70000 95315
10010 95321
10011
95324
10026 95318
10001 95309
10017 95312
60003
1
11 CITY OF MONTEBELLO | RFP NO.22 -8 FOR ON -CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
SCHEDULE OF BILLING RATES
Concrete Tests (Field Made Specimens),
Continued Rate Physical and Chemical Analysis of Cement, Continued Rate Flexural Toughness (ASTM C1609, Formerly 848.00$ Physical Testing of Type K Cement, Mortar 715.50$ ASTM C1018) -$ Expansion (ASTM C806)
Flexural Toughness (ASTM C1550) 530.00$ Partial Analysis or Specific Physical Tests Quotation Double Punch Strength of Fiber Reinforced Concrete 530.00$ Sulfates Resistance of Hydraulic 2,862.00$ Coefficient of Thermal Expansion of Concrete 636.00$ Cement (ASTM C1012), 6 months -$ (CRD 39, AASHTO T336) -$ Sulfates Resistance of Hydraulic 3,180.00$ Bulk Electrical Resistivity (ASTM C1876) 127.20$ Cement (ASTM C1012), 12 months Concrete Specimen Preparation Rate Physical and Chemical Analysis of Fly Ash Rate Sawing of Specimens (Each) 42.40$ Chemical Analysis of Fly Ash per 675.00$ Coring of Specimens in Lab (Each) 42.40$ Standard Requirements (ASTM C618) Grinding of Concrete Below 6000 psi Strength (Each) 63.60$ Physical Testing of Fly Ash per Standard Requirements 675.00$ Grinding of Concrete 6000 psi Strength and Above (Each) 95.40$ (ASTM C618) Partial Analysis or Specific Physical Tests Quotation
Laboratory Trial Batch: Concrete, Cement Chemical Analysis and Physical Testing of Fly Ash per 1,300.00$ and Mortar Rate Standard Requirements (ASTM C1618)
Compression Test 4"x8" Cylinders Made and Tested in 53.00$ Laboratory (ASTM C192, C35) -$ Physical Testing of Chemical Admixtures for Compression Test 6"x12" Cylinders Made and Tested in 63.60$ Concrete Rate Laboratory (ASTM C192, C35) -$ Qualification of Admixture per ASTM C494 Quotation 6" x 6" x 18" Flexural Beams Made and Tested in 106.00$ Laboratory (ASTM C192, C78) -$
Splitting Tensile Strength Cylinders Made and Tested 121.90$ Soils and Aggregate Tests Rate in Laboratory (ASTM C192, C496) -$ Abrasion: LA Rattler (ASTM C131) 212.00$ Modulus of Elasticity Test Cylinders Made and Tested in 302.10$ Abrasion: LA Rattler (ASTM C535) 222.60$ Laboratory (ASTM C192, C469) -$ Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) 169.60$ Density of Structural Lightweight Concrete Made in the 111.30$ California Bearing Ratio Excluding Maximum Density 583.00$ Laboratory, Equilibrium or Oven Dry Method (ASTM C567) -$ (ASTM D1883): Soil -$ Bulk Electrical Resistivity (ASTM C1876) 148.40$ California Bearing Ratio Excluding Maximum Density 689.00$ Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) 556.50$ (ASTM D1883): Cement-Treated Soil -$ Concrete Mixture Design for Preconsruction Evaluation and 265.00$ Cement-Treated Soil/Base Mix Design: includes three trial 3,710.00$ Backup Data Development -$ cement contents with three unconfined compressive strength -$ Drying Shrinkage Up to 28 Days: Three 3" x 3" or 530.00$ specimens per cement content -$ 4" x 4" Bars, Five Readings up to 28 Dry Days -$ Chloride and Sulfate Content (CTM 417, CTM 422) 185.50$ (ASTM C157) -$ Clay Lumps and Friable Particles (ASTM C142) 212.00$ Additional Reading, Per Set of Three Bars 47.70$ Cleanness Value: 1" x #4 (CTM 227) 185.50$ Storage over Ninety (90) Days, Per Set of 31.80$ Cleanness Value: 1.5" x .75" (CTM 227) 291.50$ Three Bars, Per Month -$ Collapse Potential/Index (ASTM D5333) 238.50$ Setting Time Up to 7 Hours (ASTM C403) 190.80$ Compressive Strength of Molded Soil-Cement 111.30$ Bleeding (ASTM C232) 159.00$ Cylinders (ASTM D1633) -$ Concrete Restrained Expansion (ASTM C878) 636.00$ Consolidation Test: Full Cycle (ASTM 2435, CTM 219) 206.70$ Mix, Make and Test Mortar or Grout Specimens for 583.00$ Consolidation Test: Time Rate per Load Increment 47.70$ Compressive Strength: Set of 6 (ASTM C878) -$ (ASTM D2435, CTM 219) -$ Non-Shrink Grout: Height Change after Final 583.00$ Corrosivity Series: Sulfate, CI, pH, Resistivity 259.70$ Set (ASTM C1090) -$ (CTM 643, 417, and 422) -$ Non-Shrink Grout: Height Change at Early 848.00$ Crushed/Fractured Particles (ASTM D5821, CTM 205) 185.50$ Age (ASTM C827) -$ Direct Shear Test: Remolded and/or Residual 259.70$ Cracking Resistance, Set of Three Rings, 5,830.00$ (ASTM D3080) -$ Laboratory Trial Batching, Test Until Cracking or -$ Direct Shear Test: Undisturbed - Slow [CD] (ASTM D3080) 238.50$ up to 28 Days (ASTM 1581) -$ Direct Shear Test: Undisturbed - Fast [CU] (ASTM D3080) 206.70$ Evaluation of Pre-Packaged Masonry Mortars 1,219.00$ Durability Index: Per Method - A,B,C, or D 222.60$ (ASTM C270) -$ (ASTM D3744, CTM 229) -$
Creep (ASTM C512) (One Age of Loading, 12 Months 8,480.00$ Expansion Index (ASTM D4829, UBC 18-2) 180.20$ Duration of Testing) Fine Aggregate Angularity 201.40$
(ASTM C1252, CTM 234, AASHTO T304) -$
Chemical Analysis and Petrographic Flat and Elongated Particle (ASTM D4791) 254.40$ Examination of Concrete Rate Flat or Elongated Particle (ASTM D4791) 222.60$ Chemical Analysis for Acid Soluble Chlorides 153.70$ Maximum Density: Methods A/B/C 201.40$ (ASTM C1152) (includes sample prep) -$ (ASTM D1557, D698, CTM 216) -$ Chemical Analysis for Water Soluble Chlorides 180.20$ Maximum Density: Check Point (ASTM D1557, D698) 68.90$ (ASTM C1218) (includes sample prep) -$ Maximum Density: AASHTO C [Modified] 206.70$ Chloride Diffusion Coefficient of Cementitious 2,756.00$ (AASHTO T-180) -$ Mixtures by Bulk Diffusion (ASTM C1556) -$ Maximum Index Density: Vibratory Table (ASTM D4253) 365.70$ Petrographic Examination of Hardened Concrete, Level II -$ Moisture Content (ASTM D2216, CTM 226) 26.50$ (ASTM 856) (Comprehensive) -$ Moisture and Density: Ring Sample (ASTM D2937) 31.80$ Each, One Sample 2,544.00$ Moisture and Density: Shelby Tube Sample 42.40$ Each, Two or More Samples 2,226.00$ (ASTM D2937) -$
Moisture-Density Relations of Soil-Cement 291.50$
Mixtures Premixed in the Field (ASTM D558) -$
Physical and Chemical Analysis of Cement Rate Moisture-Density Relations of Soil-Cement Mixtures 371.00$ Physical Testing and Chemical Analysis of Portland 1,378.00$ Mixed in the Lab (ASTM D558) -$ Cement per Standard Requirements (ASTM C150) -$ Organic Impurities (ASTM C40, CTM 213) 95.40$ Chemical Analysis of Portland Cement per 715.50$ Permeability (ASTM D5084) Quotation Standard Requirements (ASTM C150) -$ Potential Reactivity: Chemical Method (ASTM C289 - 625.00$ Physical Testing of Portland Cement per 715.50$ Discontinued Method) Standard Requirements (ASTM C150) -$ Potential Reactivity: Mortar Bar Expansion Method, 850.00$ 14-Day Exposure (ASTM C1260)
30237
Task
Code
30216
80123
70378
70325
70305
70311
70313
30205
Code
80143
80146
80147
70301
70303
80196
70304
70344
80193
80129
Task
Code
80195
80110
80111
Task
Code
80140
70335
80126
30507
30508
70331
70333
30203
75004
30227
70315
30229
30211
20263
Code
30225
Code
80106
70337
30401
70343
80001
70394
80103
70339
30217
30219
70341
70340
70342
80194
80100
30230
30231
30233
70317
30234
70319
70321
Task
20265
30232
30207
30403
30209
30321
70309
30322
30201
70393
70396
30503
30505
30223
Task
Code
Code
Task
40012
40005
40009
Task
Task
Code
20151
20157
40006
20159
20160
Task
40007
70336
2