RFP No. 24-7
7 PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 33
3 Licensing, Permits, Certificates, and Taxes Page # 11 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Federal Requirements Exhibit G
OPTIONAL ITEMS
11 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
The email address of Company Contact:
Signature:
Title:
Date:
RFP No. 24-7
8 SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, December 21st, 2023.
All Proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK
Proposals shall be typed, single-spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the Proposers' references have been checked. All Proposals shall be accompanied by a completed and signed Letter of Transmittal provided as a part of this RFP.
All requests for exceptions or deviations as a result of this RFP shall be identifiable by a separate section of the Proposer’s submitted Proposal for review by the City. It shall be the right of the City to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the Proposal non-responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the Proposal non-conforming and non-responsive and may cause its rejection. The completed Proposal shall be without interlineations, alterations, or erasures. Proposers submitting basic conforming Proposals may choose to submit alternate Proposals as complete and separate offers if the alternate Proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate Proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
RFP No. 24-7
9 4. All other required forms
EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a Proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the Proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods, and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the Agreement shall not be cause to alter any term of the Agreement nor shall such failure provide valid grounds for a Proposer to withdraw its Proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.
CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter. The aforesaid addendum shall be posted on the PlanetBids.com web page.
All questions, clarifications, or comments must be submitted to or no later than 3:00 pm, Tuesday, November 28 th, 2023. No questions will be answered individually by the City or Transportation Departments.
Requests for clarification, questions, and comments must be posted on the PlanetBids.com Q & A section.
The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.
Responses by the City to the clarifications, comments, and questions will be communicated via PlanetBids.com. Every attempt will be made to respond to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
RFP No. 24-7
10 2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Companies must satisfy themselves by personal examination of any worksite, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No Proposing Company shall at any time, after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer, and clarified before the submission of Proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their Proposals in writing, provided that such requests are received by the City before the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the Proposal. Refer to Exhibit “B”.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members would travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Proposer’s implementation and performance.
PROPOSAL SIGNATURES
If an individual makes the Proposal, it shall be signed, and the full name and address of the Proposer shall be given.
If a partnership makes the Proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the Proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Proposal. A certified letter is to be included in the Proposal accompanied by the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
RFP No. 24-7
11 The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the Proposal in response to this request
· Submitting that Proposal to the City
· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all Proposals for no reason or any reason including but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any Proposal that, in the opinion of the City, is so unbalanced in comparison to other Proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.
3. Accept all or any part of a Proposal.
4. Cancel the entire RFP.
5. Issue subsequent RFPs.
6. Waive any errors or informalities in any Proposal, to the extent permitted by law.
LICENSING, PERMITS, AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.
The City shall not in any way be liable or responsible for the disclosure if required to do by law.
JOINT OFFERS
RFP No. 24-7
12 Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub consultant basis rather than as a joint venture. The City of Montebello intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any Proposal submitted on behalf of any form of a joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of the contract. All sub-Consultants of successful Proposer shall abide by all the requirements outlined in this section.
SINGLE PROPOSAL RESPONSE
If only one Proposal is received in response to this RFP, a detailed cost/price Proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, the Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e., labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure, or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date; or within five (5) days after proposal opening. If the Protest does not comply with the preceding requirements, it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
RFP No. 24-7
13 This RFP and the Proposer’s response, including all promises, warranties, commitments, and representations made in the successful Proposal, shall be binding, and incorporated by reference in the City’s contract with the successful Proposer.
TIME OF COMPLETION
The contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the Request for Proposal. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the awarded consultant (or “consultant”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between consultant and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of the invoice.
Payment Schedule: Monthly
Provide (1) One invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a Contract modification.
Contract Termination: MBL may terminate any resulting Contract for convenience at any time by giving the consultant written notice thereof. Upon termination, MBL shall pay the consultant his allowable cost incurred to the date of termination, and those costs deemed reasonably necessary by MBL to affect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the consultant a percentage of the project, which relates to Contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the consultant breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. consultant shall be liable for any and all costs incurred by MBL as a result of such default.
RFP No. 24-7
14 SCOPE OF CONTRACT
Consultant shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work according to the provisions. It is the aim of these specifications that the consultant provides complete services of the type prescribed. Any items omitted from such specifications that are necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the consultant in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The contract resulting from this RFP will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council, or the City Manager has awarded the Agreement, and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFP’s.
An Evaluation Committee comprised of MBL staff in accordance with the Proposal Evaluation Criteria set forth in the Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all Proposals for any reason, to waive any informality or minor errors as determined by the City in any Proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the Proposals.
Point of Contact
RFP No. 24-7
15 This RFP is issued by the City, and the Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Montebello Transportation Department
Attention: Matt Lightner,
Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 344
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com.
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and the award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An Evaluation Committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria •Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the proposer can meet the insurance requirements in the RFP should be attached to proposal.
•Proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.
RFP No. 24-7
16 On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two- step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then present the cost and price proposals and evaluate and score them accordingly.
During the qualitative evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the qualitative and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work. 20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of BSIP Consulting Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing consulting services for BSIP of the same or similar magnitude. Presentation of a catalog of BSIP experience and expertise most advantageous to the City.
10 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting. 35 points
RFP No. 24-7
17 TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
SECTION 3 – QUALIFICATIONS
DESIRED QUALIFICATION
The consultant shall possess the capability and expertise required to complete the following tasks:
A. Conduct a resourceful in-depth examination of MBL’s existing operation.
B. Provide specialized knowledge of the transit environment including infrastructure, operational, and regulatory expertise to make recommendations in service improvements.
C. Complete quantitative and qualitative research and analysis to review transit design, statistical trends, and historical information.
D. Utilize subject matter experts and deep industry knowledge to improve current operations and the effectiveness of MBL’s transportation services.
E. Provide accurate and professional cost estimates and expense projections for a variety of goods and services associated with a Bus Stop Improvement Project.
F. Demonstrate strong communication and coordination skills with MBL staff and outside parties in a constructive solution-focused style.
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non-compliance with these requirements may disqualify your proposal from further consideration.
A. List and describe a minimum of five (5) projects or experiences, similar in nature to the Project contemplated in this RFP, which the Proposer is currently performing or has performed within the last thirty-six (36) months.
B. The firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
C. The firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
D. The firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
E. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).
F. The firm possesses a professional staff with five (5) years of knowledge and experience to complete the BISP project.
G. Financial capacity.
RFP No. 24-7
18 SECTION 4 – SCOPE OF WORK
This project will provide an in-depth analysis of the City of Montebello’s bus shelters and evaluate overall structural needs to provide services to the various customers that MBL serves. The project will act as a guide to improve bus shelters and also facilitate a future construction RFP which will follow the guidelines the Consultant provides in their final report.
PURPOSE
The purpose of this solicitation is to assist the Transportation Department in implementing the Montebello Bus Lines Bus Stop Improvement Project. The project will include an assessment of current conditions, estimates for conditions improvements, and a future construction RFP development phase.
OBJECTIVES
To solicit bids for a comprehensive Bus Stop Improvement Project survey that will result in a initial construction RFP based on the recommendations of this survey.
General Deliverables
1. Bus stop Inventory and Assessment Report.
2. Cost Assessments outlined in Tasks.
3. Timeline or schedule to complete each Task.
WORK PLAN
Task 1: Bus Shelter Inventory
The consultant will inventory approximately 900 bus stops. Consultant will provide data points based on the bullet points listed below:
-Review the Comprehensive Operations Analysis (COA) Final Report from April 2022 to determine current MBL lines and possible future changes.
-Perform on-site field analysis and take digital photos of each bus stop to determine the condition of the site.
-Inventory existing conditions to determine accessibility in accordance with applicable federal, state, and local laws.
RFP No. 24-7
19 -Inventory existing amenities including shelters, benches, trash receptacles, near-side and far-side locations, and any other recommend improvements or additions to existing amenities that are standard practice.
-Describe any potential risk and liabilities under federal, state, and local accessibility law (ADA). -Provide Geographic Information System (GIS) mapping of each stop location. oProvide access to ESRI ArcGIS Account.
-Make recommendations to improve accessibility as needed. -Create numbering plan for the creation of stop identification numbers.
Deliverables:
-Provide overall report of bus stops with a conditions and inventory assessment. -Provide a breakdown of stops with stop descriptions including GIS location mapping, street names, bus route numbers, etc.
-Provide list of ADA compliant, ADA non-compliant, and accessibility recommendations.
Task 2: Design Recommendations.
The consultant will compile and submit design improvement recommendations for bus stops that will standardize all bust stops.
-Accessibility – pedestrian flow, cyclist flow, and driver flow -New Logo Integration – provide bus blade logo design similar to the new bus graphics rebrand. -Visibility – minimize blind spots that could impact pedestrians, cyclists, or other drivers. -Location improvement– provide design plans to allow for ADA compliance if needed and more pedestrian and cyclist waiting areas for customers. Plans would incorporate all elements of the bus stop such as: bus pad, curb and gutter, intersection, zoning area, size, traffic flow, and sidewalk space.
-Pick-up and Drop-off location adjustments if needed.
-Traffic flow improvements around bus stop locations.
-Traffic volume studies.
-Traffic control device identification (traffic lights, signs, etc.) -Pedestrian volume and usage study for passenger and non-passengers. -Cyclist volume and usage study for passenger and non-passengers. -Survey surrounding features to determine the best amenities to install. Including buildings, businesses, crosswalks, driveways, intersections, streets, and freeways.
RFP No. 24-7
20 -Review lighting of the area both natural and streetlight. -Alternative design options for locations as needed.
-Determine sidewalk repair needs if applicable.
-Conduct a site conditions assessment.
-Determine ADA construction needs if applicable.
-Provide standardized design recommendations for shelters, benches, stop, etc.
Deliverables
-Provide a comprehensive overview of standard designs for the region. -Provide analysis of recommendations to meet regional standards. -Provide Design recommendations considering each element listed above and costs associated with possible improvements.
Task 3: Amenity Recommendations.
The consultant will provide amenity recommendations based on the survey from Task 1 and the design recommendations from Task 2 for each bus stop site. Amenities may include but are not limited to:
-Digital signage.
-Bus shelter solar lights.
-Bus stops sign solar lights.
-ADA compliance.
-Site improvements that may include shelters, benches, trash receptacles, beacon lights etc. -Bus pad installations.
-Provide cost estimates for improvements.
-Provide standardized recommendations for shelters, benches, stop, etc. -A Title VI analysis demonstrating the methodology used for the equitable distribution of amenities must be completed as a part of the amenity recommendation.
Deliverables
-Provide a comprehensive overview of amenities for the region. -Provide analysis of recommendations to meet regional standards. -Provide amenity recommendations considering each element listed above and costs associated with possible improvements.
Task 4: Bus Stop Assessment for Bus Stop Improvement Project.
RFP No. 24-7
21 The consultant will assess bus stops within the City’s jurisdiction. There are approximately 200 bus stops within the City of Montebello. This task will be a more in-depth assessment and design needs of bus stops within the city limits.
-Prepare a checklist of design factors for each bus stop including alternative design options and any potential risk or liabilities under federal, state, or local accessibility law (ADA). -Make recommendations for accessibility improvements if any. -Make general improvement recommendations that increase circulation and improve overall design with elements from Task 2 and Task 3.
-Provide city jurisdiction cost estimates and outside city jurisdiction cost estimates for recommended improvements.
Deliverables
-Provide an estimate of removal costs.
-Provide a comprehensive overview of improvements with cost estimates needed for each bus stop within the city’s jurisdiction (ADA, repair needs, etc.). -Provide a comprehensive overview of improvements with cost estimates needed for each bus stop outside of the city’s jurisdiction (ADA, repair needs, etc.). -Provide line-by-line cost estimates for bus stop location improvements. -Provide a general plan of implementation for the RFP process.
Task 5: Plan and Design of Development Phase/RFP Creation:
The consultant will combine all elements in the previous tasks to produce an RFP for the Development Phase of the project.
-Coordinate elements of recommendations with key MBL staff to confirm design and goals of the project.
-Consultant will provide selected bus stops within the City’s jurisdiction that must be upgraded with new installations to meet ADA standards. New installations may include street furniture, digital signage, or other amenity upgrade recommendations. -Consultant will provide evaluation assistance to choose recommended designs. -Prepare project design/construction schedule.
-Provide utility planning and coordinate with utility providers. -Provide cost estimates for each project element.
Deliverables
-Provide fully articulated construction RFP which includes all deliverables from previous tasks and MBL staff recommendations.
RFP No. 24-7
22 -Provide cost estimates for future consultation needs based on the three requested cost estimates in Task 4.
-Provide estimated project schedule for construction.
SECTION 5 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2023, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONSULTANT”). CITY and CONSULTANT are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional consultant to assist CITY in providing an in-dept Bus Stop Improvement Project (BSIP) Consulting Services to improve the agency’s transit system.; and
WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, CONSULTANT responded to CITY’s Request for Proposals dated October 26, 2023 (RFP No. [24-7]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
RFP No. 24-7
23 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 order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-7, attached hereto as Exhibit “A.”
c. CONSULTANT’S Proposal to RFP No. 24-7 dated ……………., 2023, attached hereto as Exhibit “B”. d. CONSULTANT’S “Best and Final Offer” to RFP No. 24-7 dated ……………., 2023, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, 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. SERVICES / COMPENSATION.
A. CONSULTANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. CONSULTANT shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONSULTANT shall provide an itemized billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion.
SECTION 3. TERM.
RFP No. 24-7
24 This Agreement shall commence on ………………, 2023 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 8 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
C. CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
D. CONSULTANT shall have the right to retain, subject to CITY's written approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined.
Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONSULTANT.
E. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years, unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, CONSULTANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT in connection with this Agreement available during CONSULTANT’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents or other written material developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSULTANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONSULTANT for such reuse.
SECTION 5. WORK PRODUCT.
A. CONSULTANT 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. CONSULTANT may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT 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. CONSULTANT agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
RFP No. 24-7
25 C. Documents are provided in CONSULTANT’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 CONSULTANT, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSULTANT be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONSULTANT and shall be CITY’s agent with respect to obtaining CONSULTANT’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONSULTANT, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONSULTANT. CONSULTANT and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONSULTANT at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the part of Compensation which would otherwise be payable to CONSULTANT for services CONSULTANT had
RFP No. 24-7
26 completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed for any “non-refundable” costs that CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT provides CITY with adequate proof that CONSULTANT incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONSULTANT for its performance of services under this Agreement. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONSULTANT during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONSULTANT is and shall, at all times, remain as to CITY a wholly independent contractor.
Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSULTANT except as expressly set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONSULTANT for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT’s employees or CONSULTANT’s subcontractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an
RFP No. 24-7
27 employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONSULTANT’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise- operations, products-completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
RFP No. 24-7
28 Worker 's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONSULTANT agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONSULTANT further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein. Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONSULTANT’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non-payment) prior written notice.
CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONSULTANT’S expense, the premium thereon.
At all times during the Term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk
RFP No. 24-7
29 Manager such certificate(s).
CONSULTANT shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self- insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as fall performance of CONSULTANT’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-
RFP No. 24-7
30 contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
RFP No. 24-7
31 A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONSULTANT
________________________
________________________
________________________
RFP No. 24-7
32 ________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONSULTANT will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
CONSULTANT and its officers, employees, associates and sub consultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONSULTANT.
CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO CONSULTANT
_______________________ _____________________
Arlene Salazar Name and Title
Acting City Manager
RFP No. 24-7
33 Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
SECTION 6 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-7
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
RFP No. 24-7
34 2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
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
Email Address
Phone
RFP No. 24-7
35 Fax
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. 24-7
36
RFP No. 24-7
37 EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Bus Stop Improvement Project (BSIP) Consulting 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 hold 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, subcontractors, 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: RFP No. 24-7 Bus Stop Improvement Project (BSIP) Consulting Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, 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 Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver 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 Waiver.
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 regardless 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 Waiver 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: ________________________________________
RFP No. 24-7
38 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. 24-7
39 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 satisfied 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 designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date 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
RFP No. 24-7
40 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 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".
RFP No. 24-7
41 EXHIBIT D
RFP No. 24-7
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department), the undersigned proposing company (“Consultant/Proposer”) hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
TASK 1: Bus Shelter Inventory $
TASK 2: Design Recommendations $
TASK 3: Amenity Recommendations $
TASK 4: Bus Stop Assessment for Bus Stop Improvement Project $ TASK 5: Plan and Design of Development Phase/RFP Creation $ TOTAL FIRM-FIXED PRICE $
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
List other costs/fees: Description
RFP No. 24-7
42 E-mail Address:
Authorized Signature: Date:
RFP No. 24-7
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:
RFP No. 24-7
44 EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (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 Subcontractors 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?)
< $1 million YESName
< $5 million NO
Phone
< $10 million If YES list DBE #:Address
< $15 million
> $15 million Age of Firm (Yrs.)City State ZIP
Fax
< $1 million YESName
< $5 million NO
Phone
< $10 million If YES list DBE #:Address
< $15 million
> $15 million Age of Firm (Yrs.)City State ZIP
Fax
< $1 million YESName
< $5 million NO
Phone
< $10 million If YES list DBE #:Address
< $15 million
> $15 million Age of Firm (Yrs.)City State ZIP
Fax
RFP No. 24-7
45 Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor 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?)
< $1 million YESName
< $5 million NO
Phone
< $10 million If YES list DBE
#:
Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
< $1 million YESName
< $5 million NO
Phone
< $10 million If YES list DBE
#:
Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
RFP No. 24-7
46 EXHIBIT G
FEDERAL REQUIREMENTS
1.1 Federal Funding, Incorporation of FTA Terms
The preceding provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation ("DOT"), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in Federal Transit Administration ("FTA") Circular 4220.1F or its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The CONTRACTOR shall not perform any act, fail to perform any act or refuse to comply with any AGENCY requests that would cause AGENCY to be in violation of the FTA terms and conditions.
1.2 Federal Changes
The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between AGENCY and FTA, as they may be amended or promulgated from time to time during the term of this Contract. CONTRACTOR'S failure to so comply shall constitute a material breach of this Contract.
1.3 No Government Obligation to Third Parties
The AGENCY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a part to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, CONTRACTOR, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.
The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Subcontractor who will be subject to its provisions.
1.4 Program Fraud and False or Fraudulent Statements or Related Acts The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801, et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this project. Upon execution of the underlying Contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract of the FTA-assisted project for which this Contract work is being performed.
In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extend the Federal Government deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or caused to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by
RFP No. 24-7
47 FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each sub-contract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be modified, except to identify the Sub-contractor who will be subject to the provisions.
1.5 Inspection and Retention of Records
The CONTRACTOR shall permit authorized representatives of the AGENCY, the FTA Administrator, and the Comptroller General of the United States to inspect and audit all data and records of the CONTRACTOR relating to its performance and its sub-contracts under this Contract from the date of the Contract through and until the expiration of three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case CONTRACTOR agrees to maintain same until the AGENCY, the FTA Administrator, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. The AGENCY retains ownership of all project documents and records maintained by the CONTRACTOR on behalf of the AGENCY.
1.6 Suspension and Debarment
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as such defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the Bidder or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined that the Bidder or Proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Bidder or Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this proposal. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
1.7 Termination
Pursuant to the Contract, in the event that either Party hereto fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, the non-defaulting party
shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting party is required to cure the breach within five (5) calendar days upon receipt of written notice. For any breach deemed by the non-defaulting party to constitute a non-material breach, the defaulting party is obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if the nature
RFP No. 24-7
48 of the non-material breach requires more than ten (10) days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure.
In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non-defaulting party may terminate this Contract by giving written notice thereof to the defaulting party, setting forth the effective date thereof.
The AGENCY shall have the option, at its sole discretion and without cause, of terminating this Contract in whole, or in part, by giving ten (10) business days' written notice to CONTRACTOR. Upon the termination of this Contract as provided herein, the AGENCY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by AGENCY, the Parties agree that CONTRACTOR shall be reimbursed for any "non-refundable" costs that CONTRACTOR has incurred for its services under this Contract, provided that: (1) such "non-refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the AGENCY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs.
Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Contract. CONTRACTOR agrees to cease all work under this Contract on or before the effective date of any notice of termination. Pursuant to the Contract, all AGENCY data, documents, objects, materials or other tangible things shall be returned to the AGENCY upon the termination or expiration of this Contract.
1.8 Civil Rights Requirements
During the performance of this Contract, the CONTRACTOR agrees as follows:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:
(a) Race, Color, Creed, National Origin, Sex - The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
(b) Age - The CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age.
(c) Disabilities - The CONTRACTOR agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
RFP No. 24-7
49 3. The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
1.9 Disadvantaged Business Enterprise (DBE)
1. AGENCY Assurance: AGENCY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract, or in the administration of its DBE Program.
AGENCY shall take all necessary and reasonable steps under Part 26, Title 49 of the Code of Federal Regulations (CFR), to ensure nondiscrimination in the award and administration of DOT- assisted contracts. AGENCY'S DBE Program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this Contract. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Contract. Upon notification to AGENCY of its failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801 et seq.).
2. Annual Overall Goal: In accordance with 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," the AGENCY is required to establish an annual overall goal for the participation of DBEs in all contracts utilizing federal financial assistance. For the current fiscal year, the AGENCY has established a DBE participation goal of five percent (5%).
AGENCY'S annual overall goal represents the amount of ready, willing, and able DBEs that are identified as available to participate in contracting opportunities, and is reflective of the amount of DBE participation AGENCY would expect absent the effects of discrimination.
3. Contract Goals: AGENCY intends to meet its goal to the maximum extent feasible through race- neutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual overall goal, AGENCY will establish specific contract goals for particular projects with subcontracting opportunities.
There is no DBE project goal established for this project. At this time AGENCY will meet DBE goal on federally assisted projects through race neutral measures. AGENCY supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that might otherwise perform with their own forces.
4. Good Faith Efforts: If a specific DBE participation goal is identified in the above Section 5.9.3, a proposer must demonstrate that it can meet this specified goal in the performance of this Contract in order for the proposal to be determined a responsive proposal. If a proposer cannot meet the specified goal, the proposer must demonstrate that it performed sufficient good faith efforts to meet the goal. A proposer who is not responsive shall be ineligible for award of contract.
RFP No. 24-7
50 Determination of Good Faith Efforts: If the amount of DBE participation does not meet the Contract-specific goal, the DBE Officer shall review the good faith effort report submitted by the proposer. The DBE Officer shall determine whether the proposer has performed the quality, quantity, and intensity of efforts that demonstrates a reasonably active and aggressive attempt to meet the Contract-specific goal.
The kinds of effort that will be considered demonstrative of "Good Faith Efforts" include, but are not limited to, the following: Whether the CONTRACTOR solicited through all reasonable and available means (e.g., attendance at pre-proposal meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work; whether the CONTRACTOR solicited interest within sufficient time to allow the DBEs to respond and, if appropriate steps were taken, to follow-up with interested DBEs; whether the CONTRACTOR selected portions of work to be performed by DBEs and, where appropriate, broke-out contract work items into economically feasible units to facilitate DBE participation even when the CONTRACTOR might otherwise prefer to perform these work items with its own forces; whether the CONTRACTOR negotiated in good faith with interested DBEs (evidence includes names, addresses, and phone numbers; description of information provided regarding plans and specifications; and evidence as to why additional agreements could not be reached); whether the CONTRACTOR made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; whether the CONTRACTOR made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance; whether the CONTRACTOR effectively used the services of available minority/women community organizations, contractors' groups, or other organizations to provide assistance; and whether other proposers on the procurement met the DBE goal.
Proposer's Right to Administrative Reconsideration: In the event that the DBE Officer determines that the responsible proposer has not met the Contract-specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the proposer in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the proposer of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recommendation for award of contract is presented to the City Council. (The Reconsideration Official is a CITY representative who did not take part in the original determination.) After reconsideration, AGENCY shall provide the proposer with a written decision.
The result of the reconsideration process is not appealable by the proposer.
In the event that the Reconsideration Official finds that the proposer has not met the Contract goal or demonstrated good faith efforts, AGENCY will deem said proposer not responsible and evaluate the proposer submitting the next proposal.
5. CONTRACTOR Compliance with AGENCY DBE Policy: It is the policy of AGENCY to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to AGENCY'S construction, procurement, and professional services activities. To this end, AGENCY has developed procedures to remove barriers to DBE participation in the proposal and award process and to assist DBEs to develop and compete successfully outside of the DBE program.
In connection with the performance of this Contract, the CONTRACTOR will cooperate with AGENCY in meeting these commitments and objectives.
RFP No. 24-7
51 6. Required Proposal/Proposal Submittals: The CONTRACTOR shall submit with its Proposal the name and address of each Sub-contractor it intends to employ, a description of the work which the Sub-contractor is to do, the dollar amount of each Sub-contractor contract, and such other information as may be required in order that AGENCY'S approval may be obtained as to reliability and ability to perform the work (Bidders List of Participating Firms).
In addition, proposer shall submit within five (5) days of proposal opening the names and addresses of all DBE firms that will participate in the Contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Subcontractors whose participation the CONTRACTOR submits to meet the Contract goal; and written confirmation from the DBE that it is participating in the Contract as provided in the CONTRACTOR's commitment. (Statement of Disadvantaged Business Enterprise Participation)
AGENCY shall require that any DBEs listed by proposers for participation in the Contract be certified as eligible DBEs. AGENCY will accept current certifications by the DOT and its agencies, the Small Business Administration, or other DOT federal financial assistance recipients, as appropriate. Within five (5) days of proposal opening, DBEs with current certification must attach a copy of their current Letter of Certification and a copy of their current Statement of Personal Net Worth.
AGENCY will require any firm listed, but not currently certified as a DBE, to submit the proper certification information within five (5) days of proposal opening in order to be included in the proposer's DBE achievement.
7. CONTRACTOR Assurance: Pursuant to 49 CFR Part 26, the CONTRACTOR is required to make the following assurance in its agreement with AGENCY and to include this assurance in any agreements it makes with subcontractors in the performance of this Contract:
"The CONTRACTOR or Sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR or Subcontractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as AGENCY deems appropriate."
8. Prompt Payment to Subcontractors: The CONTRACTOR must pay Subcontractors for satisfactory performance of their contracts no later than 15 days from the receipt of payment made to the CONTRACTOR by AGENCY. Prompt return of retainage payments from the CONTRACTOR to the Subcontractor will be made within 15 days after the Subcontractor's work is satisfactorily completed.
Any delay or postponement of payment among the parties may take place only for good cause and with AGENCY'S prior written approval. If the CONTRACTOR determines the work of the Subcontractor to be unsatisfactory, it must notify AGENCY'S DBE Officer immediately in writing and state the reasons. Failure by the CONTRACTOR to comply with this requirement will be construed to be a breach of contract and subject to contract termination.
RFP No. 24-7
52 9. Reports of Payment to DBE Sub-contractors: The DBE Officer will monitor the amount actually paid by the CONTRACTOR to Subcontractors, and will require the CONTRACTOR to provide monthly reports of payments to DBEs. A letter will be sent to the DBE Subcontractors to verify the dollar amount.
The amount awarded to the DBE, the amount paid to the DBE as stated by the CONTRACTOR, and the amount paid to the DBE as verified by the DBE, will be reported to the Federal Transit Administration (FTA).
10. Contract Change or Amendment: When a contract change or amendment is made, the CONTRACTOR will submit a statement to the DBE Officer regarding how the change may affect DBE subcontracting.
11. Reporting DBE Participation: The CONTRACTOR is required to report all DBE participation on their contract whether or not the contract contains a specified DBE goal. The CONTRACTOR is not to count participation of a DBE Subcontractor until the amount being counted has been paid to the DBE.
12. Counting DBE Participation toward the Contract Goal: Only the work actually performed by a DBE will be counted towards the DBE goal. The cost of supplies and materials obtained by the DBE or equipment leased (except from the CONTRACTOR or its affiliate) may also be counted.
Commercially Useful Function: Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. Expenditures may only be counted if the DBE is performing a commercially useful function. A DBE should perform at least 30 percent of the total cost of its contract with its own work force. Decisions on commercially useful function are subject to review by the FTA, but are not administratively appealable to DOT.
If materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost will be counted. If the materials and supplies are purchased from a DBE regular dealer, 60 percent of the cost will be counted.
13. DBE Replacement: The CONTRACTOR must make a good faith effort to replace a defaulting DBE Subcontractor with another certified DBE. The CONTRACTOR must immediately notify the DBE Officer of the DBE's inability to perform, and provide reasonable documentation. The CONTRACTOR must receive prior written approval on the substitute DBE from AGENCY. The CONTRACTOR will provide copies of new or amended subcontracts and copies of the substitute DBE's current Letter of Certification and current Statement of Personal Net Worth.
If the CONTRACTOR proposes to replace a DBE Subcontractor with a non-DBE, sufficient good faith efforts documentation must be provided. If the CONTRACTOR fails or refuses to comply in the time specified, AGENCY will issue an order stopping all, or part of, payment/work until satisfactory action has been taken. If the CONTRACTOR still fails to comply, AGENCY may issue a termination for default proceeding.
14. Evaluation of Proposals with DBE Goals: After the proposal opening, or submission of proposals, the DBE Officer shall evaluate all proposals with regard to the DBE requirements to determine a recommendation for award of contract. The responsible proposer, who also meets the Contract- specific goal or demonstrates good faith efforts, shall be recommended for contract award. In the
RFP No. 24-7
53 event that the proposer does not meet the Contract-specific goal or demonstrate good faith efforts, the DBE Officer shall evaluate the next proposal.
1.10 Buy America
The Buy America requirement provides that federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:
A. When its application is against the public interest (as decided by the FTA Administration on a case- by-case basis).
When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
B. When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 60 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S.
C. When the inclusion of domestic material will increase the over-all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.
The CONTRACTOR, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Purchasing Manager at least fifteen (15) days prior to proposal opening.
When a petition for investigation has been filed with FTA before award, the AGENCY reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening of proposals, the AGENCY reserves the right to not open proposals prior to the resolution of the investigation by FTA.
The CONTRACTOR and all Sub-contractor with contracts of $100,000 or more are required to certify compliance or non-compliance with this provision by submitting the attached "Buy America Certificate", with the proposal.
1.11 Remedies/Sanctions for Breach of Contract
Pursuant to the Contract, the AGENCY may terminate the Contract if the successful Proposer breaches the terms or violates the conditions of the Contract, and does not cure such breach or violation within the specified time period. The successful Proposer shall be liable for any and all costs incurred by AGENCY as a result of such default, including but not limited to re-procurement costs of the same or similar services defaulted by the successful Proposer under this Contract [49CFR 18.36(i)(2)1
1.12 Federal Prohibited Interest
No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom {FTA Grant Agreement, Part II, Sec. 114 (11)}.
1.13 Lobbying
CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting
RFP No. 24-7
54 to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
If the successful offeror, and/or primary Sub-contractor, did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to AGENCY.
Form is available upon request.
1.14 Clean Air Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
1.15 Clean Water Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
1.16 Cargo Preference
The CONTRACTOR agrees to the following clauses for the purchase of equipment, materials or commodities that may be transported by ocean vessel in carrying out the project:
A. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.
B. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill- of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, and to AGENCY (through the CONTRACTOR in the case of a Sub-contractor's bill-of- lading).
C. To include these requirements in all sub-contracts issued pursuant to this Contract.
RFP No. 24-7
55 1.17 Fly America Requirements
The CONTRACTOR agrees to comply with 49 U.S.C. § 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONTRACTOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation.
1.18 State Labor Provisions/ Labor Compliance/ Contract Work Hours and Safety Standards Act
1. Prevailing Wage Rates: Attention is directed to the requirement that no less than the Prevailing Wage Rates shall be paid on this project. Certified Payrolls on AGENCY-approved State forms are required for all workmen. Rates of pay will be current State of California, as shown in the "General Prevailing Wage Rate" Manual as determined by the State Director of Industrial Relations.
CONTRACTOR agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. FTA Grant Agreements, part II, section 119 (a).
Pursuant to the provisions of Section 1770 of the California Labor Code of the State of California, not less than the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, shall be maintained at all times during the course of the Contract. These rates are made a part of this Contract by reference. The CONTRACTOR shall comply with Section 177.5 of the Labor Code of State of California for all apprentice-able occupations.
2. Labor Compliance. It is the policy of AGENCY that all CONTRACTORS and Sub- contractors engaged in public works construction shall adhere to applicable laws and regulations. In accordance with this policy, for the duration of this Contract, AGENCY shall institute a labor compliance program to monitor compliance. The .CONTRACTOR shall cooperate fully with Labor Compliance monitoring efforts and the representatives engaged in this effort.
Because this project is subject to the provisions of State and Federal law governing public works contracts, all pertinent statutes and regulations are hereby incorporated by reference into this document as if set forth in their entirety, including Copeland Anti-Kickback Act requirements of 29 CFR part 3, Davis-Bacon and Related Act requirements of 29 CFR parts 1, 3, and 5, and Contract Work Hours and Safety Standards Act requirements of Section 107, 40 U.S.C. § 333 and 29 CFR part 1926. CONTRACTORS and Sub-contractors by entering into, or performing work under, this project agree to comply with all provisions of the law that apply to public works. It is the responsibility of the CONTRACTOR to obtain and adhere to the latest edition of the statutes and regulations including, but not limited to, the following:
A. Apprentices - All apprentices employed on this project shall be bona fide apprentices registered with the State of California, Division of Apprenticeship Standards.
RFP No. 24-7
56 B. Certified Payroll - All CONTRACTORS shall submit weekly certified payroll records for all laborers and mechanics furnishing labor to the project not later than ten calendar days after the closed payroll period.
C. Payment Of The Prevailing Wage - The CONTRACTOR and all Sub-contractors under him shall pay not less than the specified prevailing wage rate to all workmen employed in the execution of the contract.
D. Working Hours - The CONTRACTOR shall pay workers employed on the Contract not less than the appropriately specified straight time and overtime prevailing wages for all hours worked.
E. Employee Interviews - AGENCY, through its representatives, will conduct weekly on-site interviews of workers employed on the Contract. The interviews shall be conducted without the interference or obstruction of the CONTRACTOR. No worker who is interviewed is to be threatened, coerced, or intimidated.
Violations: AGENCY will take cognizance of violations of the prevailing wage and public works laws committed during the course of this Contract. Such evidence of violation may result in the assessment of penalties and forfeitures to the fullest extent allowed by law until compliance has been strictly effectuated. AGENCY may suspend or terminate a contract, or debar a CONTRACTOR from future contracts, for breach of the Labor Compliance Requirements. 4 Contract Work Hours and Safety Standards Act
A. Overtime requirements - No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the CONTRACTOR and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section
5.5. C. Withholding for unpaid wages and liquidated damages — AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as
RFP No. 24-7
57 may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.
D. Subcontracts - The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
E. Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fidefringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
1.19 Seismic Safety
The CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure that all work performed under this Contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
1.20 Safety and Health Regulation
The CONTRACTOR agrees to comply with Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § 333, and applicable U.S. Department of Labor regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. The CONTRACTOR also agrees to include the requirements of this section in each subcontract.
1.21 Federal Energy Conservation Requirements
The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
RFP No. 24-7
58 1.22 Recycled Products
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
The CONTRACTOR also agrees to include these requirements in each sub-contract.
5.23 Access Requirements for Individuals with Disabilities The Prime CONTRACTOR and all Sub-contractors on this project are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C.A. § 1612; and the following regulations and any amendments thereto:
A. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R.
Part 37;
B. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; C. U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
D. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;
E. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
F. General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19.
G. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; H. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and
I. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.
1.24 Privacy Act
The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.
The CONTRACTOR also agrees to include these requirements in each sub-contract.
1.25 Prohibited Interest
No Council member, officer, or employee of the AGENCY or of a local Public Body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. If any such interest comes to the knowledge of any party at any time, a full and complete disclosure of all such information will be made in writing to the other parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 of Title 1 (Sections 1090- 1097) of the Government code of the State of California.
5.26 Drug-Free Workplace
The CONTRACTOR, and all Sub-contractors, must certify that they have a drug-free workplace and comply with Government Code Section 8355 (Certification of Drug-Free Workplace).
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: AMEND THE FISCAL YEAR 2023-24 TRANSIT CAPITAL
IMPROVEMENT PROGRAM BUDGET FOR VARIOUS PROJECTS
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Amend the Transportation Department Capital Improvement Program (CIP) budget for Fiscal Year 2023-24 by increasing appropriations in the various accounts as detailed on Attachment A in the total amount of $10,790,471; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Transportation Department Capital Improvement Program is funded by federal, state, and local grant awards. Appropriation of these funds will allow previously approved CIP projects to have remaining project funds re-appropriated and available in FY 2023- 24 (i.e., carryover amounts). In addition, major parts of the CIP will be expanded over multiple fiscal years with some projects in the initial stages. The total amount of $10,790,471 is a carryover from the prior year’s CIP budget. Attachment “A” lists the sixteen (16) CIP projects and their funding sources, along with the specific budget amounts to be re-appropriated through the recommended action.
This carryover process will reappropriate unspent or unencumbered funds in the subsequent fiscal year (FY 2023-24) for use on previously approved CIP projects. The carryover process naturally occurs after year-end (FY 2022-23), when an accurate accounting of expenses is available for the prior year and any remaining budget can be re-appropriated.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
Finance and Transit staff have worked together to develop a carry-over list for FY 2023- 24 (Attachment A). Each of the projects listed will continue into FY 2023-24, some have already begun and others may begin in the current fiscal year. Regardless of their current status, Transit staff has determined that the "Carry Over Budget" amount listed on Attachment A is needed in order to continue progress on each project listed.
BACKGROUND/DISCUSSION:
A part of the annual budget development process is for the City Council to adopt a CIP budget encompassing projects across all departments and functional areas.
Transportation has identified $10,790,471 in grant-funded projects that require previously approved funding to be re-appropriated in the current fiscal year. The Transportation CIP is funded using various revenue sources: Metro Local Return, State PTMISEA, Gas Tax, Measure R, Federal Transit Administration (FTA), and SB1 (State of Good Repairs Program).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council amend the Transportation Department Capital Improvement Program (CIP) budget for FY 2023-24 by increasing appropriations by $10,790,471 across sixteen (16) different projects, to include appropriations in the various accounts as detailed in Attachment “A”; and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – FY 2023-24 Transportation Capital Improvement Program Budget
NEXT STEPS:
N/A
ATTACHMENT A
City of Montebello
Transit Capital Program, Fiscal Year 2023-2024
October 25, 2023
Item # Project Name Description GL org set Object Code Project # F
u
n
d
i
n
g
S
o
u
r
c
e
FY 2022-2023 Carry
Over Budget Project Total
1 Tire Lease Goodyear tire lease program for bus
fleet
270-9064-2022-200 6040.10 600.2024.01 FTA 74,420
FTA_TDC $ 74,420
2 Transit Rebranding Bus Fleet Wrap 202-922-2018 6080.40 600.2024.02 F T
A
131,016
F
T
A
_
T
D
C
$ 131,016
3 Facility Surveillance & IT
Upgrades
Facility Surveillance and IT Upgrades 202-922-2019 6040.10/6040.95 600.203.20 F T
A
463,963
$ 463,963F
T
A
_
T
D
C
S
B
1 S
T
A
1 8
/
1 9
4 Clean Fuel- Associated Capital
Maintenance (ACM)
Bus components: transmissions,
engines, axles, etc. fro clean fuel
vehicles.
270-9045-2022-050 6080.50 600.2024.03 M
e
a
s
u
r
e
R
(
C
l
e
a
n
F
u
e
l
&
F
a
c
i
l
i
t
i
e
s
)
186,606
$ 186,606
5 Bus Security Equipment Security equipment on board MBL buses: Warranty, Maintenenace, and
Technical Support of Surveillance
System on Bus Fleet
202-922-2021 6040.95 600.600.01 S
T
A
T
E
P
T
M
I
S
E
A
253,280
$ 253,280
F
T
A
F
T
A
_
T
D
C
6 Citywide Bus Stop Amenity Replace and redesign all bus stops with City's new logo amenities
270-9060-2013-063 6040.10 600.82.10 F
T
A
956,015
$ 956,015
7 Preventive Maintenance (PM) Preventative Maintenance that prolongs the lifespan of transit assets
270-9064-2022-200 6080.50 600.900.02 F
T
A
2,537,881
$ 2,538,063202-921-2017 6080.50 600.202.18 S
B
1 S
G
R
1 7
/
1 8
182
8 Associated Capital Maintenance
(ACM)
Bus components: transmissions,
engines, axles, etc.
270-9064-2022-200 6080.50 600.2023.02 F
T
A
307,932
$ 307,932F
T
A
_
T
D
C
F
T
A
9 Operating Expenses CRRSAA Grant- Transit Operating
Expenses
600-99 4024.10 600.02.10 1,586,918
$ 1,586,918
10 Support Vehicle Support Vehicle Non-Revenue Vehicle 270-9015-2015-008 6082 600.34.10 41,324 $ 41,324
11 PM (Admin Bldg Maintenance &
Equipment)
Building Maintenance and Equipment 202-921-2018 6040.60 600.800.08 172,403 $ 172,403
12 Heavy Duty Support Vechicle Heavy Duty Truck - CNG 270-9061-2017-008 6082 600.34.10 140,000 $ 140,000
13 ABS Solar Roffing and HVAC
Project
Solar Roofing and HVAC work at the
Transit Facility by Alliance Building
Solutions, Inc.(ABS)
202-921-2022 6040.10 600.2023.07 79,464
202-922-2022 6040.10 600.2023.07 570,527
202-921-2023 6040.10 600.2023.07 450,129
270-9025 6040.10 600.2023.07 1,520,522
$ 2,620,642
14 Purchase of Fuel Cell Electric
Battery (FCEB) Buses
Purchase of Fuel Cell Electric Battery
(FCEB) Buses funded by STA capital
reserve
270-9026 6082 600.2024.04 334,347
$ 334,347
15 Purchase of six (6)Fuel Cell
Electric Battery (FCEB) Buses
20% match for six (6) FCEB buses to
be purchased and funded by FTA
grant# 2023-202 (80%) approved in
September 2023
202-922-2023 6082 600.2024.04 979,191
$ 979,191
16 Purchase of 2 Cutaway Buses Purchase of 2 Cutaway Buses funded by LCTOP
270-9002-2017 6040.10 600.46.10 4,351
$ 4,351
Totals $ 10,790,471 $ 10,790,471
ITEM # 14
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 ISSUING A REQUEST FOR PROPOSALS FOR AN ART
ADVISORY CONSULTANT TO SUPPORT AND FACILITATE THE ART
IN PUBLIC PLACES PROGRAM AND PERFORM ADDITIONAL
RELATED AS-NEEDED SERVICES
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve issuing a Request for Proposals (“RFP”) for an Art Advisory Consultant to Support and Facilitate the Art in Public Places Program and Perform Related As-Needed Services; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There are no significant expenses associated with approving and circulating the Request for Proposals (RFP). The City Council is not obligated to approve a contract by soliciting proposals. Actual project costs will be determined through the consultant selection process and a budget amendment will be recommended if needed at the time of awarding the contract.
BACKGROUND/DISCUSSION:
The City Council established the Art in Public Places Program (the “Program”) with the intent of facilitating the creative installation of high-quality art in the City that will foster the community’s aesthetic enjoyment, City pride, and enhance the value of local developments and public spaces. The Program is intended to provide a collection of aesthetically pleasing artwork throughout the City for public benefit. The Program will
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
create a funding mechanism, establish an approval process, and set guidelines for public artwork. This Program will generally apply to the following:
• For commercial, industrial, and manufacturing projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a 0.5% impact fee.
• For residential projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs for all projects, including mixed-use projects, with 50 or more proposed dwelling units; 100% affordable housing developments receiving City, State, or Federal financial assistance shall be exempt from this policy.
For development projects that are subject to the Program, the project applicant may either:
1. Acquire and install artwork in a public place on or in the vicinity of the project site.
The cost or value of the artwork shall be an amount equal to or greater than 1% of the project cost; or
2. Pay an in-lieu fee equal to or greater than the cost of value of the artwork that would have been required otherwise; and
3. If the art installation is on private property, the art installation must be accessible to the general public during normal business hours of the private business or property.
The Ordinance establishes a process where the proposed artwork would be evaluated by the Art in Public Places Art Advisory Consultant (“the Art Consultant)" followed by a recommendation to the Director of Planning and Community Development for further review. Subsequently, the Director would issue a formal Director’s Determination based on findings of fact as well as the recommendation from the Art Consultant. The main role of the Art Advisory Consultant would be to ensure compliance with the established criteria contained in the Program and provide a mechanism where the proposed artwork is reviewed in advance to provide a recommendation to the Director. The Art Consultant would review all applications and make recommendations to the Department Director.
Therefore, through the RFP process, artists, art-related professionals/consultants, and art/design firms or non-profits are invited to submit a proposal for consideration. The RFP (see Attachment A) will be circulated from November 6, 2023 through December 7, 2023. Staff will screen the proposals and present the City Council with a recommended selectee. The action to release an RFP soliciting proposals is exempt under the California Environmental Quality Act (“CEQA”); however, there may be activities in the future that require an adequate level of environmental review in accordance with CEQA.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
The purpose of this RFP is to solicit and select proposals from highly qualified artists, art- related professionals/consultants, and art/design firms or non-profits to support and facilitate the Program for the City of Montebello. Recommendations will be based on a scoring criteria including completeness of proposals, experience, qualifications, past performance and cost. The selected entity will be expected to implement the following scope of work:
1. Work with Planning and Community Development staff to refine the Art in Public Places guidelines and draft an implementable application form for program applicants to use at time of project application submission to the city.
2. Work with the Director of Planning and Community Development to review proposed artwork and make recommendations with findings for consideration in the approval process outlined in the Program.
3. Develop a master schedule for when the Art Advisory Consultant will be available to review, analyze, and prepare recommendations pertaining to the Art in the Public Places project applications.
4. Develop a comprehensive database of local and regional artists and art-related organizations to enhance the community engagement capacity of the City related to art and cultural activities and programs.
5. Work with staff from the Planning and Community Development Department and the Department of Finance to develop an annual summary of program achievements and budgetary impacts and benefits to the City.
6. Work with Planning and Community Development Department staff to identify funding sources to further support the programmatic infrastructure of the Program and related arts and culture community development activities and programs.
As previously mentioned, it is anticipated that the RFP will be circulated beginning November 6, 2023. After completion of the circulation period, staff will be prepared to recommend a consultant for City Council consideration by February 2024. Therefore, it is recommended that the City Council authorize issuing a RFP. The anticipated timeline of the RPF process is as follows:
ACTION DATE/TIMEFRAME
Circulation of the RFP November 6, 2023-December 7, 2023 Deadline for Submission December 14, 2023 - No later than 5:00 p.m.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
Interviews Begin Week of January 8, 2024
Council award of contract Anticipated February 2024
SUMMARY:
On September 13, 2023, the City of Montebello passed an Art in Public Places Ordinance with the intent of facilitating the creative installation of high-quality art in the city that will foster the community’s aesthetic enjoyment, city pride, and enhance the value of local developments and public spaces. The Program will create a funding mechanism, establish an approval process, and set guidelines for public artwork. The Ordinance establishes a process where the proposed artwork will be evaluated by the Art in Public Places Art Advisory Consultant (“the Art Consultant"). Final decisions regarding proposed artwork will be rendered by the Director of Planning and Community Development in the form of a Director’s Determination based on findings of fact and a recommendation from the Art Advisory Consultant. The purpose of this RFP is to solicit and select proposals from highly qualified artists, art-related professionals/consultants, and art/design firms or non-profits to support and facilitate the Program for the City of Montebello.
ATTACHMENT(S)
1. Attachment A - ART IN PUBLIC PLACES ART CONSULTANT RFP
NEXT STEPS:
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1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 23 -
Art Advisory Consultant to Support and Facilitate the
Art in Public Places Program & Perform Additional
Related As-Needed Services for City of Montebello
Release Date: TBD
Due Date: TBD
ATTACHMENT A
2 TO PROSPECTIVE PROPOSERS
The City of Montebello invites Firms or Non -Profits to submit a proposal under this Request for Proposals (RFP). Responses to this solicitation will be evaluated to determine qualifications. Submissions must adhere to the format and content described.
Proposals will only be evaluated if all requeste d information is submitted in a complete package. The information set forth is the minimum required to qualify for consideration.
The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
THE DATE OF SOLICITATION
TBD
THE PROJECT
Art Advisory Consultant to Support and Facilitate the Art in Public Places Program and Perform Additional Related As-Needed Services
OWNER/PROPOSAL CONTACT
City of Montebello – Department of Planning/Community Development 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Joseph A. Palombi, Director of Planning/Community Development Contact Phone: (323) 887-1200 ext. 493
Contact E-Mail: [email protected]
Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by TBD. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
3 Table of Contents Page
1.0 Notice Inviting Proposals 4
2.0 Introduction/About the City of Montebello 5
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 6
6.0 Proposal Submittal 7
7.0 Evaluation of Proposal 7
8.0 Proposal Protests 8
9.0 Execution of Agreement 10
10.0 Insurance 10
11.0 Non-Commitment of City 12
12.0 Labor Requirements 12
13.0 Records 12
14.0 Subcontractors 12
15.0 Modifications/Changes 12
16.0 Disclosure of Information 13
17.0 City of Montebello Rights 14
Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
4 1.0 Notice Inviting Proposals
The City of Montebello (“City”) is seeking proposals from qualified artists, art -related professionals/consultants, and art/design firms or non -profits to support and facilitate the City’s Art in Public Places Program Compliance and perform additional services as needed. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. TBD. Prospective respondents are advised to carefully read information related to this solicitation before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register their business with PlanetBids before being able to view or submit a response.
Questions must be submitted by TBD.
***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Responses must be submitted via PlanetBids by TBD
Responses to this request will be evaluated to determine the respondent that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
5 2.0 Introduction
On September 13, 2023, the City of Montebello passed an Art in Public Places Ordinance (Ordinance No. 2465 or the “Ordinance”) with the intent of facilitating the creative installation of high -quality art in the city that will foster the community’s aesthetic enjoyment, city pride, and enhance the value of local developments and public spaces. The purpose of the Art in Public Places Program is to provide a collection of aesthetically pleasing artwork throughout the City for public benefit. The program will create a funding mechanism, establish an approval process, and set guidelines for public artwork. This program will generally apply to the following:
• For commercial, industrial, and manufacturing projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a .5% impact fee.
• For residential projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs for all projects, including mixed -use projects, with 50 or more proposed dwelling units; 100% affordable housing developments receiving City, State, or Federal financial assistance shall be exempt from this policy.
For development projects that are subject to the Art in Public Places Program, the project applicant may either:
1. Acquire and install artwork in a public place on or in the vicinity of the project site.
The cost or value of the artwork shall be an amount equal to or greater than 1% of the project cost; or
2. Pay an in-lieu fee equal to or greater than the cost of value of the artwork that would have been required otherwise; and
3. If the art installation is on private property, the art installation must be accessible to the general public during normal business hours of the private business or property.
The Ordinance has established a process where the proposed artwork would be evaluated by the Art in Public Places Advisory Consultant (“the Art Consultant) followed by a recommendation to the Director of Planning and Community Development.
Subsequently, the Director would issue a formal Director’s Determination based on findings of fact as well as the recommendation from the Art in Public Places Advisory Consultant. The main role of the Art Consultant would be to ensure compliance with the established criteria contained in the Art in Public Places Program and provide a
6 mechanism where the proposed artwork is reviewed in advance to provide a recommendation to the Director. The Art Consultant would be selected by the City Council to review all applications and make recommendations to the Department Director. Final decisions regarding proposed artwork will be rendered by the Director of Planning and Community Development in the form of a Director’s Determination based on findings of fact and a recommendation from the Art Consultant.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service city that provides a long list of services, employing approximately 480 full -time and part -time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP TBD
• Online Q&A Deadline TBD
• Deadline to Submit Responses TBD
• City Review of Submissions TBD
• Interviews with Consultants TBD (If Necessary)
• Notifications Sent to Vendors TBD
• Award TBD
4.0 Purpose
The purpose of this “RFP” is to solicit proposals from highly qualified artists, art-related professionals/consultants, and art/design firms or non-profits to support the city’s Art in Public Places Program Compliance and perform additional services related to the City’s Art in Public Places Program as needed.
5.0 Scope of Work/Services
The purpose of the Request for Proposals is to solicit proposals from highly qualified artists, art -related professionals /consultants, and art/design firms or non -profits to support the City’s Art in Public Places Program Compliance and perform additional services as needed. The City of Montebello is interested in fully implementing the Art in Public Places Program to facilitate a collection of aesthetically pleasing artwork throughout the City for public benefit resulting from future project development opportunities. The project scope includes the following specific tasks:
7 1. Work with Planning and Community Development staff to refine the Art in Public Places guidelines and draft an implementable application form for program applicants to use at time of project application submission to the city.
2. Work with the Director of Planning and Community Development to review proposed artwork and make recommendations with findings for consideration in the approval process outlined in the Art in Public Places Program.
3. Develop a master schedule for when the Art Consultant will be available to review, analyze, and prepare recommendations pertaining to the Art in the Public Places project applications.
4. Develop a comprehensive database of local and regional artists and art - related organizations to enhance the community engagement capacity of the City related to art and cultural activities and programs.
5. Work with staff from the Planning and Community Development Department and the Department of Finance to develop an annual summary of program achievements and budgetary impacts and benefits to the City.
6. Work with Planning and Community Development staff to identify funding sources to further support the programmatic infrastructure of the Art in Public Places program and any related arts and culture community development activities and programs.
To the extent a proposer believes there are additional tasks necessary to support the compliance element of the program , they should be included in the proposal with justification and support as to why it is being recommended.
6.0 Proposal Submittal
Please review Appendix – A (Proposal Format and Content), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.
7.0 Evaluation Criteria
8 The Department of Community Development and Planning will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:
1. Proposal Review: Upon receiving an adequate number of proposals by the deadline, artist(s), art -related professional /consultant(s), or art/design firm (s) or non-profits will be evaluated and the best -qualified artist(s), art -related professional/consultant(s), and art/design firm(s) or non -profits will be invited to participate in an interview.
2. Selection Criteria: The City will select an artist(s), art -related professional/consultant(s), or art/design firm (s) or non -profits to provide the services pursuant to this Request for Proposal based on the evaluation of the proposals and completion of the interview process. The selection process is based on a determination to engage the artist(s), art-related professional/consultant(s), or art/design firm (s) or non -profit that is deemed most qualified with demonstrated experience in advancing municipal art -related public art programs as outlined in this request, including, but not limited to, the following criteria:
a. Completeness of the proposal: How thoroughly the proposal responds to this RFP.
b. Experience: The artist(s), art-related professional/consultant(s), or art/design firm(s) or non -profit will provide information on knowledge of preparing and implementing such a review and analysis in accordance with applicable rules, and guidelines related to municipal art-related public art programs. c. Qualifications: Qualifications of key personnel, including principal(s), project manager(s), and other individuals pertinent to the project’s success. d. Performance: The artist(s), art -related professional /consultant(s), or art/design firm (s) or non -profit must demonstrate the ability to produce a timely and high-quality product.
e. Insurance Requirements: Proposals should include a statement demonstrating Firm's ability to meet the City's insurance requirements as outlined in the City's draft Professional Services Agreement (Attachment A)
3. Interviews: Selected candidates may be invited for an interview (optional). City staff will confirm dates/times via e-mail or formal communication/letter.
4. Approval and Execution: Upon identification of a preferred artist(s), art -related professional/consultant(s), or art/design firm (s) or non -profit, a professional services agreement in substantially the same form as A ppendix B – Professional Services Agreement Sample will be presented to the City Council for consideration and execution by the City Manager or designee.
9 8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before the proposal opening. The most common types of protest that might be filed before a proposal opening would include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
Mail: Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail: [email protected]
B. The protest must contain the factual and legal reason(s) for the protest and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
10 • The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The response will be provided by the Director of Recreation and will include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to make the final determination regarding all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.
9.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Proposer and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the C onsultant/Vendor has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall just cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause as stated in the attached sample agreement.
Should the successful proposer decline to execute the agreement, the City Council can either reject all proposals or call for new proposals or accept other proposals.
10.0 Insurance
The Consultant/ Vendor selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required
11 occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non-owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.
C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
A. Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
B. Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
i. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the
12 auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
ii. Cancellation notice endorsements. Each policy must be endorsed to certify that it will be not be cancelled or non -renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
iii. Primary, non -contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self-insurance, primary or excess, maintained by or available to the City or its officials, employees and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Vendors/Consultants may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
11.0 Non-Commitment of City
While the City has every intention to select a consultant/ Vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
12.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be
13 employees of the Firm and as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Firm shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Firm allow the use of, or presence of, alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Firm shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
13.0 Records
The Firm agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Firm to audit any performance aspect under this agreement.
14.0 Subcontractors
The Firm shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the direct supervision of the Firm and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
15.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the term of the agreement. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Firm. These changes will be processed through the City Manager.
16.0 Disclosure of Information
A. The Firm agrees that it will not during or after the term of the agreement disclose any proprietary information or confidential business information of the City, including but not
14 limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Firm shall be used exclusively in connection with the performance of services.
B. The Firm shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Firm hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City.
17.0 City of Montebello Rights
In its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Firm, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
iii. The Firm failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent permitted by law.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
15
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Nick Razo, Director of Human Resources
SUBJECT: ADOPT RESOLUTION NOS. 23-76 AND 23-77 APPROVING THE JOB
SPECIFICATION AND SALARY RANGE FOR THE FULL-TIME
EQUIVALENT CLASSIFICATION OF ELECTRICIAN AND PLUMBER
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-76 approving the job specification for the full-time equivalent (FTE) classification of Electrician and Plumber; and
2. Adopt Resolution No. 23-77 approving the compensation plan to include the salary range for both the FTE classification of Electrician and Plumber (Range 27: $63,242 – $78,980); and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The adopted operating budget for Fiscal Year (FY) 2023-24 includes funding for both FTE classifications. The amount of funding in the FY 2023-24 budget was developed in consultation with the Public Works Department during the budget development process.
Staff will monitor the budget allotted for these positions throughout the remainder of the fiscal year and adjust as needed, considering that these positions will likely be filled in 2024 if this item is approved.
BACKGROUND/DISCUSSION:
On June 8, 2022, the City Council approved the operating budget, and the Table of Organization and job classifications for FY 2022-23 (Resolution Nos. 22-43 and 22-44), to include both FTE classifications of Electrician and Plumber. The FY 2022-23 budget placed a greater focus on the Public Works Department to improve and enhance this
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
essential department. These trade positions will help the department professionalize a range of services that will complement the City’s current use acof third-party contracted services in these areas. Similar to the hybrid approach the City uses for information technology “help desk” services, having a combination of in-house and contracted staff will improve the response to facility needs and the overall maintenance of City facilities.
Human Resources and Public Works staff collaborated to establish a job specification for both FTE classifications. In addition, staff partnered with Public Sector Personnel Consultants (PSPC), a human resources consultant specializing in position classification and compensation studies for public employers, to identify recommended salary ranges.
PSPC established a current market of comparable cities and recommended a competitive salary range for both classifications. Due to the reinstatement of the Civil Service Commission (CSC) these two positions are required to be presented to approve new job specifications.
On August 22, 2023, staff presented both job specifications to the Civil Service Commission (CSC) for approval to be recommended for adoption by the City Council.
The CSC reviewed both job specifications and recommended revisions that updated the language for the education and experience section for both FTE classifications.
Subsequently, the CSC motioned to table the item to the next regularly scheduled CSC meeting. On September 26, 2023, the CSC approved both job specifications, which included the updated language, to be recommended for adoption by the City Council.
ENVIRONMENTAL:
There is no environmental impact.
ANALYSIS:
It is recommended that the City Council adopt Resolution Nos. 23-76 and 23-77 to add these positions to the Table of Organization to initiate the recruitment process.
SUMMARY:
Staff recommends that the City Council consider adopting Resolution No. 23-76 (see Attachment A), approving the job specification for Electrician and Plumber; adopt Resolution No. 23-77 (see Attachment B), approving the compensation plan to include the salary range for both Electrician and Plumber (Range 27: $63,242 – $78,980); and direct staff to take such additional related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A -- Resolution No. 23-76
2. Attachment B -- Resolution No. 23-77
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ATTACHMENT A
RESOLUTION NO. 23-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO AMENDING
THE TABLE OF ORGANIZATION, AND THE CITY OF MONTEBELLO
CLASSIFICATION PLAN
THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Table of Organization is hereby amended to add the following classification:
POSITION DEPARTMENT
NUMBER
OF
POSITIONS SALARY RANGE
Plumber Public Works 1 27
$63,242 –$78,980
SECTION 2. That the Table of Organization is hereby amended to add the following classification:
POSITION DEPARTMENT
NUMBER
OF
POSITIONS SALARY RANGE
Electrician Public Works 1 27
$63,242 – $78,980
SECTION 3. That the Classification Plan is hereby amended to add the following job description (Exhibit A):
PLUMBER
SECTION 4. That the Classification Plan is hereby amended to add the following job description (Exhibit B):
ELECTRICIAN
SECTION 5. That the City Clerk shall certify to the adoption of this resolution, shall distribute copies to the Director of Human Resources and the Director of Finance, and the resolution shall be in full force and effect immediately upon ratification.
APPROVED AND ADOPTED this 25th day of October, 2023.
RESOLUTION NO. 23-77
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-76 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 25 th day of October, 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
•EXHIBIT 1
•EXHIBIT 2
RESOLUTION NO. 23-77
EXHIBIT A
CITY OF MONTEBELLO
PLUMBER
DEFINITION
Under general supervision, perform a variety of skilled tasks in the maintenance, repair and/or cleaning of plumbing and irrigation systems.
CLASS CHARACTERISTICS
This is an entry/journey-level position that will work independently for most of the time. However, this position may supervise and oversee the work of staff within the City’s Building Maintenance Division.
EXAMPLES OF DUTIES
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
•Independently, or as a member of a crew, perform a variety of semi-skilled work in the installation, repair and maintenance of the City plumbing system. •Performs plumbing duties in connection with a wide variety of building alterations, maintenance and repair projects.
•Installs, alters, replaces and repairs plumbing, such as water, sewage and drainage systems. •Installs, alters and repairs valves, fittings and other plumbing parts and equipment, including items as sinks, sprinkler heads, hydrants and service pipes. •Checks plumbing fixtures for leaks and other defects; opens and cleans clogged drains, pipes and traps.
•Operate heavy construction equipment in routine situations, including backhoes, loaders, dump trucks and trenchers.
•Use light equipment such as concrete saws, tappers, compactors and jackhammers, as well as a variety of tools.
•Maintain simple working records and reports.
•Respond to emergency calls.
•Perform various related duties as required.
QUALIFICATIONS
Education and Experience:
High school diploma or G.E.D equivalent, and two years’ journey-level experience performing general maintenance and plumbing work, or any equivalent combination of training and experience, and trade related course work from an accredited institution which provides the required skills, knowledge, and abilities.
RESOLUTION NO. 23-77
Licenses and Certifications:
•A valid Class “C” California driver’s license.
•Travel to locations throughout the City may be required. •Prior to employment, all successful candidates will be required to pass an asbestos medical examination in compliance with the General Industry Safety Orders, Section 5208, Title 8 of the California Administrative Code.
•State of California certification as a Plumber, C-36 license is highly desirable.
EMPLOYMENT STANDARDS
Knowledge of:
•Utilization and care of general construction and maintenance tools and equipment as used in the assigned area of work.
•Methods, techniques and procedures related to parks, buildings or street maintenance or water system operations and maintenance.
•Hazards associated with work and proper safety precautions. •Purposes, uses and care of a variety of vehicle, equipment, power tools and hand tools, including motorized and hydraulic equipment.
•Techniques and methods of irrigation system installation and maintenance and basic practices and procedures of plumbing work.
Ability to:
•Read, interpret, and work from wiring diagrams, schematic sketches, drawings, and blueprints.
•Safely operate tools and machines of the plumbing trade. •Safely lift heavy tools and materials.
•Safely work under buildings or in restricted spaces.
•Keep accurate records.
•Work effectively and cooperatively with City staff and outside contractors. •Follow oral and written instructions.
•Effectively utilize computer systems and software applicable to the plumbing trade. •Learn the characteristics of new systems and equipment of the plumbing trade and update skills to adapt to changing technology.
•Learn general and specialized software applications.
PHYSICAL DEMANDS
Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry, and push tools, equipment, and supplies weighing 50 pounds or more is also required. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes or airborne particles, and the incumbents may be exposed to mechanical and electrical hazards.
RESOLUTION NO. 23-77
The nature of the work also requires the incumbent to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and heavy equipment, and often work with constant interruptions. The incumbent may be required to respond to afterhours emergency call-outs and perform routine standby duties.
ENVIRONMENTAL ELEMENTS
This indoor/outdoor position works in all weather conditions, including wet, hot, and cold. The employee may use cleaning and lubricating chemicals, which may expose the employee to fumes or airborne particles, and the employee may be exposed to mechanical and electrical hazards.
The nature of the work also requires the employee to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and heavy equipment, and often work with constant interruptions. The employee may be required to respond to afterhours emergency call-outs and perform routine standby duties.
RESOLUTION NO. 23-77
EXHIBIT B
CITY OF MONTEBELLO
ELECTRICIAN
DEFINITION
Under general supervision, performs skilled journey-level electrical work in the installation, maintenance, alteration, and repair of a variety of electrical systems and equipment related to light, heat, communications, and power; and performs related work as required.
CLASS CHARACTERISTICS
This is a journey-level position that will work independently for most of the time. However, this position may supervise and oversee the work of staff within the City’s Building Maintenance Division.
EXAMPLES OF DUTIES
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
•Lays out, assembles, installs, tests, maintains, and repairs such electrical fixtures and apparatus such as conduits, meters, panels, control boards, lights, fans, heaters, fire alarms, bell and buzzer systems, field lighting systems, clock systems, telephone systems, switch gear, and wall, floor, and ceiling receptacles. •Installs interior and exterior wiring for equipment and appliances; installs wires and cables in conduits; installs data cable and security systems; installs, performs electrical work such as rewiring or replacement of lamps on lighting poles at athletic fields, parking lots and other City facilities.
•Performs maintenance on high voltage systems; reviews plans, blueprints, and specifications for electrical projects to understand scope of project and attends to trouble calls for emergency repairs to electrical systems and equipment. •Safely operates hand and power tools and equipment used in the electrical trade; maintains electrical hand and power tools and equipment to ensure their safe and efficient operation and maintains shop area and supplies in a safe, clean, and orderly condition.
•Assist in planning and developing modifications to existing electrical systems. •Assist in the inspection of electrical work based on the city’s need and or projects that are performed by outside contractors; inspect facilities for maintenance and safety problems related to electrical systems and equipment. •Assist in developing specifications, diagrams, and blueprints related to electrical work; assist in estimating job costs, preparing material lists and job records, and maintaining an inventory of supplies and tools for assigned projects and provide work direction to assigned staff.
•Perform various related duties as required.
QUALIFICATIONS
RESOLUTION NO. 23-77
Education and Experience:
High school diploma or G.E.D equivalent, and two years’ journey-level experience performing general maintenance and/or electric work, or any equivalent combination of training and experience, or and trade related course work from an accredited institution which provides the required skills, knowledge, and abilities.
Licenses and Certifications:
•A valid Class “C” California driver’s license.
•Travel to locations throughout the city may be required. •Prior to employment, all successful candidates will be required to pass an asbestos medical examination in compliance with the General Industry Safety Orders, Section 5208, Title 8 of the California Administrative Code.
•State of California certification as a General Electrician C-10 license is highly desirable.
EMPLOYMENT STANDARDS
Knowledge of:
•Basic solid-state circuitry related to electrical fixtures and apparatus. •The electrical operations of motor controls, machine shop equipment, traffic control equipment, and electric vehicles.
•Current practices, materials, hand and power tools, and equipment used in the electrical trade.
•Design, installation, and maintenance of electrical systems and equipment, including fire alarms.
•Troubleshooting techniques used in detecting malfunctions of electrical systems and equipment.
•Federal, state, and local electrical codes, regulations, administrative orders, and ordinances.
•Pertinent safety orders issued by the Division of Industrial Safety and safety practices pertaining to work on up to 600 volts electrical systems. •Modern commercial and industrial building construction. •Harmful effects of hazardous or toxic materials, and the protection and safeguards required when working with or controlling such materials. •Basic recordkeeping procedures.
•Capabilities of computer applications, systems and hardware used in the electrical trade.
Ability to:
RESOLUTION NO. 23-77
•Lay out, assemble, install, test, analyze malfunctions of, and repair electrical fixtures, apparatus, control equipment, wire communications, and light and power systems for buildings.
•Read, interpret, and work from wiring diagrams, schematic sketches, drawings, and blueprints.
•Safely operate tools and machines of the electrical trade. •Safely lift heavy tools and materials.
•Safely work at heights on ladders, scaffolds, or field poles. •Safely work under buildings or in restricted spaces.
•Keep accurate records.
•Work effectively and cooperatively with City staff and outside contractors. •Follow oral and written instructions.
•Effectively utilize computer systems and software applicable to the electrical trade. •Learn the characteristics of new systems and equipment of the electrical trade and update skills to adapt to changing technology.
•Learn general and specialized software applications.
PHYSICAL DEMANDS
Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry, and push tools, equipment, and supplies weighing 50 pounds or more is also required. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes or airborne particles, and the incumbents may be exposed to mechanical and electrical hazards.
The nature of the work also requires the incumbent to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and heavy equipment, and often work with constant interruptions. The incumbent may be required to respond to afterhours emergency callouts and perform routine standby duties.
ENVIRONMENTAL ELEMENTS
This indoor/outdoor position works in all weather conditions, including wet, hot, and cold. The employee may use cleaning and lubricating chemicals, which may expose the employee to fumes or airborne particles, and the employee may be exposed to mechanical and electrical hazards.
The nature of the work also requires the employee to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and heavy equipment, and often work with constant interruptions. The employee may be required to respond to afterhours emergency callouts and perform routine standby duties.
ATTACHMENT B
RESOLUTION NO. 23-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO ADOPTING THE COMPENSATION PLAN AND
TABLE OF ORGANIZATION (POSITION LISTING)
THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Montebello has determined that the following listing of positions shall be the official and prescribed position titles and if applicable in accordance with the respective range numbers pertaining thereto and herein indicated in accordance with provisions of the Montebello Municipal Code and/or the Civil Service Rules and Regulations as previously enacted by this City Council:
ELECTED OFFICIALS
MONTHLY SALARY
RANGES
City Councilmembers 1,032 - 1,032
City Clerk 695 - 695
City Treasurer 695 - 695
CLASSIFIED MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Fire Battalion Chief 57 $132,654 $165,666
Fire Captain 46 $101,101 $126,262
Police Captain 67 $169,808 $212,067
Police Lieutenant 61 $146,425 $182,865
Police Sergeant 51 $114,387 $142,854
Senior Fire Inspector 38 $82,979 $103,629
CLASSIFIED NON-MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Account Clerk 7 $38,595 $48,199
Administrative Assistant 5 $36,735 $45,877
Assistant Engineer 33 $73,341 $91,593
Assistant Planner 30 $68,104 $85,053
Building Inspector 27 $63,242 $78,980
Building Maintenance Tradeworker I 13 $44,758 $55,896
Building Maintenance Tradeworker II 16 $48,199 $60,194
Business License Technician 12 $43,666 $54,533
Combination Building Inspector 35 $77,054 $96,230
Community Outreach Specialist 21 $54,533 $68,104
Community Risk Reduction Coordinator 32 $71,552 $89,359 Community Services Coordinator 13 $44,758 $55,896
Court Liaison 12 $43,666 $54,533
Custodian 7 $38,595 $48,199
ATTACHMENT B
Electrician 27 $63,242 $78,980
Engineering Technician 22 $55,896 $69,807
Finance Technician 16 $48,199 $60,194
Fire Engineer 40 $87,179 $108,875
Fire Inspector 21 $54,533 $68,104
Firefighter 35 $77,054 $96,230
Human Resources Technician 27 $63,242 $78,980
Lead Finance Technician 24 $58,726 $73,341
Maintenance Worker 10 $41,562 $51,905
Parking Control Officer 12 $43,666 $54,533
Payroll Coordinator 24 $58,726 $73,341
Payroll Specialist 23 $57,294 $71,552
Permit Technician 18 $50,639 $63,242
Plumber 27 $63,242 $78,980
Police Community Service Officer 16 $48,199 $60,194
Police Corporal 44 $92,230 $120,178
Police Dispatcher I 22 $55,896 $69,807
Police Dispatcher II 27 $63,242 $78,980
Police Officer 41 $89, 359 $111, 597
Police Records Technician 10 $41,562 $51,905
Property & Evidence Technician I 20 $53,203 $66,443
Public Information Coordinator 24 $58,726 $73,341
Public Safety Radio Technician 31 $69,807 $87,179
Public Works Inspector 28 $64,823 $80,955
Records Coordinator 22 $55,896 $69,807
Risk Management Assistant 12 $43,666 $54,533
Senior Building Inspector 34 $75,175 $93,883
Senior Finance Technician 22 $55,896 $69,807
Senior Permit Technician 21 $54,533 $68,104
SMART-TD
CLASSIFIED NON-MANAGEMENT
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Body Shop Mchanic (effective 1/3/21) $52,584 $67,116
Bus Operator (effective 1/3/21) $43,068 $54,972
Equipment Mechanic A (effective 1/3/21) $52,584 $67,116 Equipment Service Worker (effective 1/3/21) $37,092 $47,340 Storekeeper (eff 1/3/21) $45,288 $57,792
UNCLASSIFIED MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Accounting Manager 44 $96,230 $120,178
Accounting Supervisor 30 $68,104 $85,053
Assistant City Manager 77 $217,369 $274,464
Assistant Director of Finance 56 $129,418 $161,626
Assistant Director of Fire 54 $123,182 $153,838
ATTACHMENT B
Assistant Director of Human Resources 56 $129,418 $161,626 Assistant Director of Planning and Community Development 55 $126,262 $157,684 Assistant Director of Public Affairs 55 $126,262 $157,684 Assistant Director of Public Works 54 $123,182 $153,838 Assistant Director of Recreation & Community Services 51 $114,387 $142,854 Assistant Director of Transportation 54 $123,182 $153,838 Assistant Fire Chief 62 $150,086 $187,436
Assistant Police Chief 69 $178,405 $222,803
Associate Engineer 40 $87,179 $108,875
Building Maintenance Supervisor 30 $68,104 $85,053
Building Official 49 $108,875 $135,970
City Manager * $334,624 $334,624
Code Enforcement Manager 38 $82,979 $103,629
Construction Manager 48 $106,220 $132,654
Crime Prevention Supervisor 34 $75,175 $93,883
Deputy Director of Public Works 52 $117,247 $146,425
Deputy Director of Transportation 52 $117,247 $146,425
Deputy Fire Chief 58 $135,970 $169,808
Director of Finance 71 $187,463 $234,082
Director of Human Resources 71 $187,463 $234,082
Director of Planning & Community Development 68 $174,053 $217,369 Director of Public Affairs/Information Technology 68 $174,053 $217,369 Director of Public Works/City Engineer 72 $192,222 $239,934 Director of Recreation & Community Services 67 $169,808 $212,067 Director of Transportation 69 $178,405 $222,803
Dispatch Supervisor 32 $71,552 $89,359
Economic Development Manager 50 $111,597 $139,369
Finance Supervisor 32 $71,552 $89,359
Finance Manager 44 $96,230 $120,178
Fire Chief 74 $201,848 $252,081
Fire Marshal 50 $111,597 $139,369
Fleet Maintenance Manager 44 $96,230 $120,178
Fleet Maintenance Supervisor 33 $73,341 $91,593
Fleet Services Manager 42 $91,593 $114,387
Fleet Services Supervisor 22 $55,896 $69,807
Grants & Project Administrator 36 $78,980 $98,636
Housing Manager 48 $106,220 $132,654
Human Resources Analyst 34 $75,175 $93,883
Human Resources Manager 48 $106,220 $132,654
Information Systems Manager 49 $108,875 $135,970
Information Systems Supervisor 39 $85,053 $106,220
Management Analyst 30 $68,104 $85,053
Maintenance Manager 44 $96,230 $120,178
Office Manager 27 $63,242 $78,980
ATTACHMENT B
Park Maintenance Supervisor 30 $68,104 $85,053
Planner 35 $77,054 $96,230
Planning Manager 49 $108,875 $135,970
Police Chief 75 $206,895 $258,383
Police Records Supervisor 31 $69,807 $87,179
Principal Engineer 52 $117,247 $146,425
Principal Risk Officer 59 $139,369 $174,053
Public Information Officer 32 $71,552 $89,359
Public Safety Radio Supervisor 39 $85,053 $106,220
Public Works Inspector 28 $64,823 $80,955
Public Works Manager 37 $80,955 $101,101
Public Works Superintendent 43 $93,883 $117,247
Recreation Manager 35 $77,054 $96,230
Recreation Supervisor 29 $66,443 $82,979
Revenue Supervisor 30 $68,104 $85,053
Risk Management Analyst 30 $68,104 $85,053
Risk Manager 50 $111,597 $139,369
Senior Deputy City Clerk 39 $85,053 $106,220
Senior Economic Development Coordinator 34 $75,175 $93,883 Senior Human Resources Analyst 41 $89,359 $111,597
Senior Management Analyst 36 $78,980 $98,636
Senior Planner 41 $89,359 $111,597
Senior Procurement Analyst 33 $73,341 $91,593
Social Work Supervisor 40 $87,179 $108,875
Street Maintenance Supervisor 32 $71,552 $89,359
Superintendent/Facility Manager 38 $82,979 $103,629
Transit Administration Manager 45 $98,636 $123,182
Transit Assistant Manager 34 $75,175 $93,883
Transit Operations Manager 47 $103,629 $129,418
Transit Planner 30 $68,104 $85,053
Transit Supervisor 26 $61,699 $77,054
Warehouse Supervisor 26 $61,699 $77,054
*The City Manager’s salary is set by separate City Council approved contract.
UNCLASSIFIED NON-MANAGEMENT RANGES
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Accountant 26 $61,699 $77,054
Code Enforcement Coordinator 10 $41,562 $51,905
Code Enforcement Officer 27 $63,242 $78,980
Crime Analyst 32 $71,552 $89,359
Deputy City Clerk 24 $58,726 $73,341
Economic Development Coordinator 26 $61,699 $77,054
Field Response Case Coordinator 11 $42,601 $53,203
Firefighter/Paramedic Trainee 21 $54,533 $68,104
Information Systems Analyst 36 $78,980 $98,636
ATTACHMENT B
Information Systems Technician 18 $50,639 $63,242
Police Trainee 41 $89,359 $111,597
Risk Management Assistant 19 $51,905 $64,823
Senior Accountant 35 $77,054 $96,230
Senior Administrative Assistant 14 $45,877 $57,294
HOURLY CLASSIFICATION
HOURLY
MINIMUM
HOURLY
MAXIMUM
Administrative Analyst 15.50 24.45
Administrative Secretary 18.55 23.41
Building Maintenance Tradeworker 15.92 20.31
Bus Operator 18.93 20.68
Clerical Assistant 15.50 18.33
Code Enforcement Technician 15.50 16.84
Community Services Aide - SYEP 15.50 15.50
Equipment Service Worker 15.50 19.11
Field Maintenance Worker 15.50 16.73
Fire Engineer 27.43 35.02
Fire Inspector 22.56 28.80
Heavy Duty Fire Equipment Mechanic 45.41 49.10
Human Resources Manager 42.22 51.32
Information Systems Specialist 15.50 18.33
Intern 15.50 18.33
Lifeguard 15.50 16.64
Maintenance Worker 15.92 20.31
Mechanic's Assistant 15.50 17.49
Park Ranger 15.50 19.30
Parking Control Officer 18.72 21.28
Police Cadet 15.50 19.33
Police Community Services Officer 15.50 16.66
Police Dispatcher 26.35 31.25
Police Officer 32.49 41.43
Police Trainee 18.99 24.06
Police Youth Program Coordinator 17.55 22.45
Pool Manager 16.66 20.00
Property & Evidence Technician 16.66 24.45
Public Works Manager 34.72 42.23
Recreation Leader I 15.50 16.22
Recreation Leader II 15.50 17.79
Recreation Leader III 15.50 18.75
Recreation Leader IV 16.71 20.55
Risk Management Assistant 15.50 21.45
Secretary 15.50 17.90
Senior Lifeguard 16.15 18.27
ATTACHMENT B
Senior Project Manager 63.87 77.66
Transportation Revenue Coordinator 15.93 20.22
Transportation Specialist 15.50 24.45
SECTION 2. That the City Clerk shall certify to the adoption of this resolution, shall distribute copies to the Director of Human Resources and the Director of Finance, and the resolution shall be in full force and effect immediately upon ratification.
APPROVED AND ADOPTED this 25th day of October, 2023.
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-76 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 25 th day of October, 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTACHMENT B
DATE:
Christopher Jimenez, City Clerk
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Acting Director
SUBJECT: APPROVE AGREEMENT NO. 4158 WITH FLO-SERVICE, INC. FOR
MAINTENANCE AND REPAIRS FOR THE SEWER LIFT STATION AT
348 E. LINCOLN AVENUE
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Agreement No.4158 with Flo-Services for repairs for the Sewer Lift station at 348 E. Lincoln Avenue at Sanchez Drive in the total amount of $235,432 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(D); and,
2. Approve issuing a purchase order to A-n-W Construction for sidewalk repairs in the amount of $10,818; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $250,000 in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations, Contract Services Street Maintenance); and
4. Authorize issuing a request for Proposals (RFP) for the maintenance, operation, and repairs of the four (4) sewage pump stations at Lincoln Avenue at Rancho Drive, Natasha Lane cul-de-sac, Lincoln Avenue at Sanchez Drive, and Grant Rea Park; and
5. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The required major services to repair the Sewer Lift Station at N. 348 Lincoln Avenue are estimated to cost an aggregate amount of $250,000. Additional appropriations are needed to fund the emergency work.
A budget amendment is required, increasing appropriations by $250,000 in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations,Contract Services,
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
Street Maintenance). Funding is still available from the City’s Coronavirus State and Local Fiscal Recovery Fund (CSLFRF) allotment that was earmarked for sewer infrastructure repairs. The $250,000 required for these emergency repairs will come from this source of funding.
BACKGROUND/DISCUSSION:
On November 9, 2017, the city entered into Agreement No. 3316 with Flo-services for annual maintenance services of four (4) sewer pump stations located at:
1. Lincoln Avenue at Rancho Drive
2. Natasha Lane cul-de-sac
3. Lincoln Avenue at Sanchez Drive
4. Grant Rea Park
The scope of work consisted of quarterly inspection and testing of equipment and minor repairs. Major repairs, replacement of equipment, and emergency repairs are additional services per the terms of agreement No. 3316. The agreement No. 3316 with Flo-services ended on November 9, 2022.
On January 26, 2023, a vehicle driving on E. Lincoln Ave between N. Raywood Ave and N. Sanchez Street collided with a Southern California Edison power pole (#712841H) located at 348 E. Lincoln Ave. and damaged the Sewer Lift station control panel, electrical equipment, pump base, and volute.
City staff from the Public Works Department were called to the site to inspect the damage to the pump station. Staff contacted Flo-Services to provide a temporary fix to the sewer lift station to avoid any further damage or blockage to the sewer system. Flo-services provided an assessment of the proper repairs needed to fix the Sewer Lift Station (see attachment A for the proposal of services). The repairs necessary to bring the sewer facility back into service to avoid any additional damage to the sewer system are significant and need to be performed as soon as possible.
The Public Works Department also requested a quote from A-n-W Construction, Inc. for the additional work to replace the sidewalk and excavate and replace the 1-6” vent bollard that was damaged during the collision (see attachment B for the proposed services). A- n-W Construction, Inc. is also on the on-call list that the Public Works Department has previously used.
City Staff filed an insurance claim for the Lincoln Lift Station Land and is currently awaiting the final review of the claim.
The unanticipated and significant repair services are required to keep the lift stations operating. Staff is seeking approval to issue a Request for Proposals (RFP) for sewer maintenance and related services. However, given the nature of the repairs needed to the Lincoln Avenue lift station, Staff is seeking authority to enter into a limited scope of
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
work agreement with Flo-Services for one (1) year term (Attachment A). Montebello Municipal Code Section 3.20.050(D) allows an exception to normal procurement services:
“when the City Council by a fourth-fifths vote determines to dispense with such bidding …upon finding …that it would be impractical, useless or uneconomical in such an instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same.”
The repairs required at the Lincoln Avenue lift station are separate from the on-call agreement for minor and routine repairs and would promote the welfare of the public, especially those in the neighborhood serviced by the Lincoln Avenue sewer lift station. The limited scope of services that Flo-Services would be performing as authorized under Municipal Code Section 3.20.050(D) would be:
Flo-Services
• Labor and materials to replace the damaged
electrical control panel, electrical updates, Pump
Base and Volute Replacement.
$204,723
• 15% increase in inflation-related costs of materials
and labor.
$30,709
Subtotal 235,432
A-n-W Construction, Inc
• Remove 270 Square Feet of concrete Sidewalk,
excavate, and replace 1-6” vent bollard.
$9,407
• 15% increase in inflation-related costs of materials
and labor.
$1,411
Subtotal 10,818
Total 246,253
Estimated total amount $250,000
Staff is recommending a limited scope of work agreement with Flo-Services for a duration of one (1) year for the work that needs to be performed at the Sewer Lift Station at N. 348 Lincoln Avenue. At the same time, Staff will start gathering the information necessary to issue an RFP for the maintenance, operation, and repairs of the four (4) sewage pump
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
stations at Lincoln Avenue at Rancho Drive, Natasha Lane cul-de-sac, Lincoln Avenue at Sanchez Drive, and Grant Rea Park in order to award a multi-year agreement with a competitively chosen contractor.
ENVIRONMENTAL:
The recommended emergency repairs are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations Title 14 Section 15269.
ANALYSIS:
N/A
SUMMARY:
It is recommended that the City Council approve a limited scope of work agreement with Flo-services for the emergency repairs for the Sewer Lift Station at 348 N. Lincoln Ave. in the amount of $250,000 under the authority of Municipal Code Section 3.20.050(D). It is recommended that a budget amendment in the amount of $250,000 be approved in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations, Contract Services, Street Maintenance).
ATTACHMENT(S)
1. Attachment A- Agreement No.4158_Flo-Services
2. Attachment B_A-n-W Construction, Inc.
3. Attachment C- Lift Station RFP-23-XX
NEXT STEPS:
N/A
ATTACHMENT A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4158
WITH FLO-SERVICES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on October 25, 2023 (“Effective Date”), by the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Flo-Services, Inc. (the “CONSULTANT”). The CITY and the CONSULTA NT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide emergency repair services in the CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the t raining, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of t he covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provis ions of the Proposal for labor and materials to replace the damaged sewe r Lift Station at 348 E. Lincoln Avenue at Sanchez Drive in the City of Montebello ( August 14, 2023) (“Proposal”), as such is set forth fully in Exhibit “A ” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parti es. To the extent of a conflict between the terms of this Agreement and that set fo rth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. The CONSULTANT shall provide to the CITY all la bor, equipment, materials and incidental necessary to provide for a turnkey design-build Sewer Lift Station as set forth fully in the Proposal, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this refere nce (hereinafter “Professional Services”).
C. The CONSULTANT shall be compensated for perform ance of the Professional Services as set forth in the Proposal attached hereto as Exhibit “A” and incorporated fully herein by this reference (“C ompensation”). The CONSULTANT shall provide an itemized billing statem ent to the CITY each month for Professional Services performed. The CONSULTAN T shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 2. TERM.
This Agreement shall commence upon issuance of the Notice to Proceed by the CITY, and shall expire one (1) year from the Effect ive Date, unless terminated earlier as hereinafter provided. This Agreement will not be extended.
PROFESSIONAL SERVICES AGREEMENT NO. 4158
SECTION 3. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, c ompetently, and to the best of its ability, experience and talent, perform all tasks described herein.
b. The CONSULTANT shall employ, at a minimum, gener ally accepted standards and practices utilized by companies engag ed in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and sub ject to all CITY ordinances, rules and regulations, standard operati ng procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, s ubject to t h e CITY's approval, additional individuals, consultants or su bconsultants to assist in the completion of services as herein defined. Compensat ion for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original re ports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosu re pursuant to the attorney- client privilege or any other law. Said documents s hall be made available for inspection by the CITY upon request.
SECTION 4. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work produ ct produced pursuant to this Agreement, and provided to the CIT Y during and upon completion of this Agreement, shall be the property of the CIT Y, and ownership of said work product shall be retained by the CITY. The CONSULTA NT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other inform ation developed or received by the CONSULTANT or provided for performa nce of this Agreement are deemed confidential and shall not be disclosed by t he CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CO NSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 5. EXTRA SERVICES.
No extra services over and above the Compensation s hall be rendered by the CONSULTANT under this Agreement unless such extra s ervices first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 6. CITY SUPERVISION.
PROFESSIONAL SERVICES AGREEMENT NO. 4158
The City Manager shall have the right of general su pervision of all work performed by the CONSULTANT and shall be the CITY’s agent wit h respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 7. TERMINATION.
In the event that either Party hereto fails or refu ses to perform any of the provisions of this Agreement at the time and in the manner req uired, the non-defaulting party shall give the defaulting party written notice of t he default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-def aulting 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 withi n ten (10) days after the serving of such notice, such violation shall cease or be re ctified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10 ) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CO NSULTANT, 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 CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be cons trued to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONSUL TANT shall only be entitled to the Compensation for those Professional Services sa tisfactorily performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall hav e the option, at its sole discretion and without cause, to terminate this Agr eement in whole, or in part, by giving ten (30) business days’ written notice to th e CONSULTANT. Upon the termination of this Agreement as provided herein, t he CITY shall provide to the CONSULTANT the part of Compensation which would oth erwise be payable to the CONSULTANT for services the CONSULTANT had complete d as of the date of termination, less the amount of all previous paymen t with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbu rsed for any “non- refundable” costs that the CONSULTANT has incur red for its services under this Agreement, provided that: (1) such “non- refundable ” costs were incurred by the CONSULTANT prior to the date of termination, and ( 2) that t h e CONSULTANT provides the CITY with adequate proof th at the CONSULTANT incurred the costs, and is unable to be seek a refu nd for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services unde r this Agreement. The CONSULTANT agrees to cease all work under this Agre ement on or before the effective date of any notice of termination.
SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.
No employee of the CITY shall be employed by the CO NSULTANT during the
PROFESSIONAL SERVICES AGREEMENT NO. 4158
term of this Agreement.
SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPL OYEES.
No official or employee of the CITY shall be person ally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 10. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remai n as to the CITY a wholly independent consultant. Neither the CITY nor any o f its elected officials, officers, employees or agents shall have control over the con duct of the CONSULTANT except as expressly set forth in this Agreement. T he CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, t he CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liab le for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSU LTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that n othing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship e xcept as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, w ithholding taxes, FICA, state disability insurance or any other federal, st ate or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULT ANT. The CITY shall have no responsibility to provide the CONSULTANT, i ts employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that the CONSULTANT or any employee , agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jur isdiction or the California Public Employees Retirement System (PERS) to be eligible f or enrollment in PERS as an employee of the CITY, the CONSULTANT shall indemnif y, defend, and hold harmless the CITY for the payment of any employee a nd/or employer contributions for PERS benefits on behalf of t h e CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any p enalties and interest on such contributions, which would otherwise be the re sponsibility of the CITY.
b. Notwithstanding any other agency, state or feder al policy, rule, regulation, law or ordinance to the contrary, the C ONSULTANT and any of its employees, agents, and subconsultants providing ser vice under this Agreement shall not qualify for or become entitled to, and he reby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY,
PROFESSIONAL SERVICES AGREEMENT NO. 4158
including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 12. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and compl y with all applicable laws, ordinances, codes and regulations of the federal, s tate and local governments including, but not limited to the Montebello Munici pal Code. The CITY, and its appointed or elected officers, employees, or agents , shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 13. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemni fy, protect and hold harmless, the CITY, its elected and appointed board s, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes o f 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 be imposed upon them for injuries or deat hs of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 14. INSURANCE COVERAGE.
During the term of this Agreement, the CONSULTANT s hall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in co nnection with CONSULTANT’s performance of this Agreement. Such i nsurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed opera tions, personal injury and advertising injury, with limits no less than $1,000 ,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if C ONSULTANT 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 required by the laws of the State of California, with Statutory Limits, and Emp loyer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the
CONSULTANT’S profession, with limit no less than $1 ,000,000 per occurrence or claim, $2,000,000 aggregate.
PROFESSIONAL SERVICES AGREEMENT NO. 4158
If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to c overage for the higher limits maintained by the CONSULTANT.
The CONTACTOR shall require each of its subconsult ants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and wit h a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
Each insurance policy required above shall state t hat coverage shall not be canceled, except after thirty (30) days’ prio r written notice (ten (10) days for non-payment) has been given to the CITY. The CONSU LTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
At all times during the term of this Agreement, th e CONSULTANT shall maintain on file with the CITY 's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are i n effect in the required amounts and naming the CITY as an additional insured. The C ONSULTANT shall, prior to commencement of work under this Agreement, file wit h the CITY’s Risk Manager such certificate(s).
The CONSULTANT shall provide proof that policies o f insurance required herein expiring during the term of this Agreement h ave been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement nam ing the CITY, its officers, employees, agents and volunteers as additional insu reds. All of the policies required under this Agreement shall contain an endo rsement providing that the policies cannot be canceled or reduced except on th irty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insu rer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation impo ses no obligation, and to delete the word “endeavor” with regard to any notice provisions.
The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or se lf-insurance maintained by the CITY, its officers, employees, agents or volunt eers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this A greement shall not prohibit the CONSULTANT, and CONSULTANT’s employees , agents or subconsultants, from waiving the right of subrogati on prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSUL TANT shall either reduce or
PROFESSIONAL SERVICES AGREEMENT NO. 4158
eliminate the deductibles or self-insured retention s with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by the CONSULTANT shall n ot be construed as a limitation of the CONSULTANT'S liability or as pe rformance of CONSULTANT’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate or a ssign its duties or rights hereunder, either in whole or in part, 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 p roposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind th e CITY and shall not release the CONSULTANT from any obligations under this Agre ement including, but not limited to, the duty to properly supervise and coor dinate the work of employees, assignees, delegees or sub-consultants. No such su bcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 16. NO WAIVER.
Waiver by any party hereto of any term, condition o r covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or applicatio n of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged disput e, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonabl e attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, Californ ia. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 18. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 19. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
PROFESSIONAL SERVICES AGREEMENT NO. 4158
a. It has received independent legal advice from it s attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully re ad this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or a ny other person or entity, not expressly set forth herein, nor upon the failur e of any other party or any other person or entity to make any statement , representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fu lly commit and bind such party to the provisions of this Agreement.
SECTION 20. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agree ment are included for purposes of convenience only and shall not cont rol or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, th e singular shall include the plural, the male gender shall include t he female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contai ned in this Agreement shall for any reason be held to be invali d, illegal, or unenforceable in any respect, such invalidity, ille gality, or unenforceability shall not affect any other provision hereof and thi s Agreement shall be construed as if such invalid, illegal, or unenforceable provi sions had never been contained herein.
d. The representations and warranties made by the p arties to this Agreement shall survive the consummation of the tra nsaction 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 sa me Agreement. Any signed copy of this Agreement or of any other docum ent or agreement referred to herein, or copy or counterpart thereof, delivere d by facsimile transmission, shall for all purposes be treated as if it were del ivered containing an original manual signature of the party whose signature appea rs 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 h as not been so represented, it has been admonished to obtain independent cou nsel and has freely and voluntarily waived and relinquished the right to co unsel. Each party who has not obtained independent counsel acknow ledges that the failure to have independent legal counsel will not excuse such party’s failure to perform
PROFESSIONAL SERVICES AGREEMENT NO. 4158
under this Agreement or any agreement referred to i n this Agreement.
SECTION 21. NOTICE.
All notices, demands, requests or approvals to be g iven under this Agreement shall be given in writing and conclusively shall be deeme d served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certifi ed, addressed as hereinafter provided. All notices, demands, requests, or appro vals hereunder shall be given to the following 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 – Department of Public Works Attn: Rita Montalvo
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext. 469
[email protected]
If to Consultant: Flo-Services, Inc.
Attn: John Krukowski
3010 Floyd Street
Burbank, CA 91504-2599
(818) 847-2188
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONS ULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, me ntal condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub- consultant and applicants are employed, and that em ployees are treated during employment, without regard to their race, color, cr eed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 23. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no i nterest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agree ment, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT
PROFESSIONAL SERVICES AGREEMENT NO. 4158
shall avoid the appearance of having any interest t hat would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vend or(s) of services to t h e CITY as a result of the performance of this Agreement, o r the services that may be procured by the CITY as a result of the recommendat ions made by the CONSULTANT. The CONSULTANT's covenant under this se ction shall survive the termination of this Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding be tween the CITY and the CONSULTANT. Any prior agreements, promises, negotia tions or representations not expressly set forth herein are of no force or e ffect. Subsequent modifications to this Agreement shall be effective only if in writin g and signed by each party. If any term, condition or covenant of this Agreement is he ld by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4158
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO Flo -Services, Inc.
Arlene Salazar, Acting City Manager John Krukowski, Pres ident
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez -Glasman, City Attorney
EXHIBITS:
• Exhibit “A” – Flo-Services, Inc. Proposal
Exhibit “A”
Flo-Services, Inc. Proposal
Exhibit "A"
ATTACHMENT B
CITY OF MONTEBELLO
CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS/SEALED BIDS
SEWER LIFT STATION MAINTENANCESERVICES AND
RELATED EQUIPMENT
RFP NO. xx
ATTACHMENT C
TO PROPOSECTIVE BIDDERS
The City of Montebello invites your firm to submit a proposal in accordance with this Request for Proposal (RFP). Your response to this request will be evaluated to determine the qualifications of your firm.
Proposals must adhere to the format and content of this RFP. Proposals will not be evaluated unless al l parts requested are submitted in a complete package. The information set forth is the minimum required in order to qualify for consideration. The successful bidder will be requir ed to enter Into a maintenance agreement based on the specifications outlined in this RFP.
THE DATE OF SOLICITATION:
November xx, 2023
THE PROJECT:
Project Name:
Location:
THE PROPOSAL
CONTACT NAME:
Name:
Address:
Contact: Contact
Phone: Contact
E-Mall:
Sewer Lift Station Maintenance Services Related Equipment City of Montebello — Specified Areas
City of Montebello
1600
W. Beverly Blvd.,
Montebello, CA 90604
Rita Montalvo, Acting Director of Public Works
(323) 887-1200 x 469
[email protected]
2
REQUEST FOR PROPOSALS
SEWER LIFT STATION MAINTENANCE SERVICES AND RELATED EQUIPMENT
RFP No. XX
Table of Contents
No. Page
1. Notice Inviting Sealed Bids
II.
III.
Scope of Work
Required information and Format of Proposals
12-16
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NOTICE INVITING SEALED BIDS
SEWER LIFT STATION MAINTENANCE SERVICES
AND RELATED EQU1PMENT
RFP NO. XX
PUBLIC NOTICE IS HEREBY GIVEN THAT THE City of Mont ebello as AGENCY, invites proposals/sealed bids for the above stated project. Proposals/bids can be submitted via PlanetBids Portal (accessed through the City of Mon tebello’s official website at http://www.cityofmontebeIlo.com/rfp-bids/bid-opport unities.html) or to the City Clerk‘s Office at 1600 West Beverly Boulevard, up to the hour of 11:00 a.m. on Thursday, November XX, 2023.
Copies of the specifications and contract documents are available from the City of Montebello, 1600 West Beverly Boulevard, Montebello, California 9064 0 and on PlanetBids Portal, accessed through the City of Montebello’s official website at http://www.cityofmontebelIo.com\rfp-bids/bid- opportunities.html.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Dlrector of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sec, or religion will also be required.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ances try, sex, or religion in any consideration leading to the award of contract.
The successful Contractor and his subcontractors wi ll be required to possess business licenses from the City.
The AGENCY reserves the right to accept or reject any or all bids, to waive any irregularity in a bid and to make an award as may serve the interes ts of the City.
The contact person for this RFP Is Rita Motnalvo, Acting Director of Public Works at (323) 887- 1200 or to email address shown on Page 2 of the Request for Proposals.
4
SEWER LIFF STATION MAINTENANCE SERVICES AND RELATED EQUIPMENT
SCOPE OF WORK — The City of Montebello, herein after referred to as “City” desires a contractor to provide the following services:
Furnish all labor, tools, materials, appliances, an d equipment for sewer lift station maintenance and related equipment maintenance services requested by the City. The maintenance work described in these Specifications shall be performed as a continuous and constant program throughout the contract. Any additional work not described in these specifications shall be performed by the contractor upon written notice from, and at the expense of, the City of Montebello.
SITE LOCATIONS:
Location 1 - There are four (4) sewer lift stations included in this contract in this area:
1. Lincoln Avenue and Rancho Street - 700 Bartolo Street (Duplex Pump w/Controls)
2. Lincoln Avenue and Sanchez Drive - 348 E. Lincoln Av (Duplex Pump w/Controls)
3. Grant Rey Park — 700 N. Rea Dr, (Duplex Pump w/Controls)
4. Natasha Lane cul-de-sac
Scope of Services by Contractor:
Some of the services outllned below are performed with each service call and some of the services are performed on an "as needed or reasonable" basis.
MOTORS - Running Voltage to Ground, Running Voltage Phase to Phase, Running Amperes, Negger to Ground, Megger Between Windings and
Grease motors if required.
PUPIPS - Adjust Packing, Inspect Couplings, Check Coupling Alignment, Grease Bearings, if required & Exercise Pump Isolation Valves
SUMP PUNP &/OR VENT FAN - Running Voltage to Ground,
Running Voltage Phase to Phase, Running Amperes,
Lubricate Bearings if required
WETWELL - Bubbler Tube and/or Ultrasonic Transducer secure to Wall Float Switches Secure & Not Excessively Coated w/Debris Visually Inspect Wetwell for Deficiencies
DRY PIT - Check Pump and Motor Bolts
Check to see that the Pump Casing, Vent Pipe, Valves are Open Test Sump Pump Operation
Check for Correct Pump Rotation
Visually Inspect For Leaks & Deficiencies
5
CONTROL PANEL - Tighten all terminal lugs
Test operation of all circuit breaker operators
Check power supply voltage
Test induction relays
Test ground fault receptacles
Test heater Block
Running time meters working
Al indicator lights working
Proper connection of motor cables
Check Voltage to Notor
Check Motor Amperage
Test pressure switch, manometer, float switches set ting & adjust if necessary
Test air pumps
Inspect Relay and Starter Contacts Test
Automatlc Operation of Controls Clean
Inside Control Panel
EMERGENCY CALL/RESPONSE - One (1) annual emergency call/response to stations, due to any type of malfunction at the stations or related equipment.
Location 2 - Greenwood Avenue Storm Water Pump Stat ion (Sycamore Street Undercrossing); One Duplex Storm Water Pump Station to include controls, telemetry, miscellaneous mechanical and electrical services.
Scope of Services by Contractor:
Some of the services outlined below are performed with each service call and some of the services are performed on an "as needed or reasonable" basis.
MOTORS - Running Voltage to Ground, Running Voltage Phase to Phase, Running Amperes, Megger to Ground, Megger Between Windings and Grease motors if required.
PUf'4PS — Adjust Packing, Inspect Couplings, Check Coupling Alignment, Grease Bearings if required & Exercise Pump Isolation Valves
SUI'4P PUMP &/OR VENT FAN - Running Voltage to Grou nd, Running Voltage Phase to Phase, Running Amperes, Lubricate Bearings if required
\/\/ETWELL - BubbTer Tube and/or Ultrasonic Transdu cer secure to Wall Float Switches Secure & Not Excessively Coated
w/Debris Visually Inspect Wetwell for Deficiencies
DRY PIT - Check Pump and Notor Bolts
Check to see that the Pump Casing, Vent Pipe, Valves are Open
6
Test Sump Pump Operation
Check for Correct Pump Rotation
Visually Inspect For Leaks & Deficiencies
CONTROL PANEL - Tighten all terminal lugs
Test operation of all circuit breaker operators
Check power supply voltage
Test induction relays
Test ground fault receptacles
Test heater Block
Running time meters working
All indicator lights working
Proper connection of motor cables
Check Voltage to Notor
Check Motor Amperage
Test pressure switch, manometer, float switches setting 6 adjust if necessary
Test air pumps
Inspect Relay and Starter Contacts
Test Automatic Operation of Controls
Clean Inside Control Panel
Location 3 - Natasha Lane Storm Water and Sewage Pu mp Station; Two (2) stations, including One Duplex Storm Water Pump Sta tion and One Duplex Sewage Pump Station to include controls.
Scopa of’ Services by Contractor: Some of the servi ces outlined below are performed with each service call and some of the services are performed on an "as needed or reasonable" basis.
NOTORS - Running Voltage to Ground, Running Voltage Phase to Phase, Running Amperes, Megger to Ground, Negger Between W indings and Grease motors if required.
PUMPS - Adjust Packing, Inspect Couplings, Check Coupling A lignment, Grease Bearings, if required & Exercise Pump Isolation Valves
SUMP PUMP &/OR VENT FAN - Running Voltage to Ground, Running Voltage Phase to Phase, Running Amperes, Lubricate Bearings if required
WETWELL - Bubbler Tube and/or Ultrasonic Transducer secure to Wall Float Switches Secure & Not Excessively Coated
w/Debris Visually Inspect Wetwell for Deficiencies
DRY PIT - Check Pump and Motor Bolts
Check to see that the Pump Casing, Vent Pipe, Valves are Open Test Sump Pump Operation
7
Check for. Correct Pump Rotation
Visually Inspect For Leaks & Deficiencies
CONTROL PANEL - Tighten all terminal lugs
Test operation of all circuit breaker operators
Check power supply voltage
Test induction relays
Test ground r It receptacles
Test heater Block
Running time meters working
All indicator lights working
Proper connection of motor cables
Check Voltage to Motor
Check Motor Amperage
Test pressure switch, manometer, float switches setting & adjust if necessary
Test air pumps
Inspect Relay and Starter Contacts
Test Automatic Operation of Controls
Clean Inside Control Panel
REQUIREDINFORNATIONANDFORNATOFPROPOSALS
In order to be considered for selection, respondent individuals or firms shall submit a proposal that addresses each of the following criteria, and shall also provide resumes and evidence of qualifications to provide the services listed in this RF-P.
1. Letter of Introduction
a. Provide a letter of introduction signed by a Principal or Senior Officer of the firm.
b. If submitting as a team, note which team is the prime consultant or lead joint venture partner, it applicable.
c. Include the name, title and resume of the person wh o will be the lead/project manager and the name(s) and title(s) and resumes for the individuals that will supervise maintenance services.
2. Firm Information and Qualifications
a. Number of years firm has been in business
b. List the company experience in providing similar se rvices, including a chart that indicates name, personnel qualifications , state registrations and/or certifications relevant to the type of maintenance services proposed to be provided.
c. Identify any consultants/sub-consultants that you w ould expect to use, noting relevant disciplines. Include resumes and in formation regarding that firm(s) qualificatlons.
3. References (See Exhibit “C”)
a. Provide a list of at least 5 current references. Include name of individual or organization, job title, email address, mailing address, telephone number(s). Identify the type of services provided t o each individual/organization, the location where the ser vices were provided, and the dates of service.
Firm's name or Team’s Capabilities and Abilities; Review Times. a. Provide a statement demonstrating your firm‘s or team‘s ability to accomplish the scope of services in a comprehensive and thorough manner to meet the needs of the City of Montebello addressing scope of work identified above.
5. Professional Services Fees
a. Utilize the attached Itemized Cost Form to provide a proposed schedule of total fees for the components of the scope for which you are submitting on a Not-to-Exceed basis, include a listing of any add itional direct reimbursable costs.
6. Customer Service - Describe how your firm provides for responsiveness to phone calls or email from City staff; and discuss y our anticipated relationship with the City of Montebello and your organization.
7. Standard Consulting Agreement - Include a statement regarding whether the City’s standard consultant agreement is accepta ble as is or whether any modification would be proposed.
8. List any lawsuits or arbitration proceedings that have been initiated by or against your firm in the past five (5) years. Brief ly state the nature of the action and the outcome.
EVALUATION PROCESS AND SELECTION CRITERIA
Evaluation of the proposals will be based upon a competitive selection process.
Selection may not, however, be limited to price alone. The City’s primary objective is to retain a consultant so that the City is best positioned to provide timely and professional Landscape services in a qualified, efficient, and c ost-effective manner. City staff and evaluators will review all statements of proposals received timely. The candidate will be evaluated on the following criteria:
1. Experience in providing the same or similar services,
2. Projected Annual Cost on a Quarterly Rate not to exceed basis, to perform the required services as stated in the Scope of Wor k.
3. Oral and written communication abilities.
4. References.
5. Responsiveness to Scope of Work.
Consultant must satisfy the City of Its ability to perform the services required.
Consultant must demonstrate and document a history of timely and satisfactory performance of similar projects in a manner, which addresses the stated evaluation criteria. Consultant shall be responsible for the a ccuracy of information supplied concerning references. In addition, the City may co nsider evidence of untimely and unsatisfactory performance on prior similar projects, or litigation by the Consultant on previous contracts to be grounds for disqualificati on.
The City reserves the right to reject any or all Proposals, amend the RFP, and to discontinue or re-open the process at any time. The City reserves the right to request and obtain, from one or more consulting firms, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria.
Upon completion of the evaluation phase, the City w ill select those consultants for interviews whose proposals and qualifications most closely conform to the requirements of this RFP. The consultant, by submitting a response to this RFP, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, waives all right to protest or seek any legal remedies whatsoever regarding an aspect of this RFP. The City may choose to interview one or more firms responding to this RFP, and may enter into more than one contract with multiple individuals or firms, if City determines that is the best way to address the full range of services needed under this RFP.
Questions during the solicitation period shall be s ubmitted through Planet Bids or by email, and may be addressed to:
City of Montebello
Department of Public Works
CONTRACT WITH THE CITY AND ANTICIPATED T1f4ING FOR BEGINNING SERVICES
The selected consultant(s) will be required to enter into an Agreement with the City.
The Agreement will include the final scope of work that is negotiated with the consultant. The City Administrator is the authorizing entity to issue contracts with the Montebello City Council approval, and the contract will not take effect until it is approved by the City Council and fully executed by Consultant and City.
During the term of the contract, the Consultant will be required to keep informed of applicable local, State and Federal laws and regula tions, including, but not limited, to those pertaining to conflict of interest, which in any manner affect those employed by Consultant or in any way affect the performance of the landscape maintenance services.
The City‘s standard professional consulting agreement is attached, including insurance requirements. As part of your proposal, please indi cate whether the standard agreement is acceptable or whether you would like to propose modifications to the standard agreement.
SUBMITTAL REQUIREMEN
Proposals will be received through 11:00 A.LI. on October 19, 2017. If submitting through Planet Bids, only one electronic copy is re quired. If submitting via US Mail, DeliVery Services or Delivery, please submit three (3) copies of your proposal addressed to the attention of:
City of Montebello
City Clerk’s Office
Attention: Public Works Department
1600 W. Beverly Blvd.
Montebello, CA 90640
All proposals must either be 1) on paper, mailed or delivered to the City of Montebello Or 2) Electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website at http://www .cityofmontebeIIo.com/rfp-bids/bid- opportunltles.html. All Prospective Bidders must re gister to bid through the PlanetBids Vendor Portal found on the City of Montebello‘s website at the link provided above.
There no fees to register and bid on this Request For Proposals.
ITEM # 17
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-75 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 25, 2023
RESOLUTION NO. 23-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO
APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1561, consisting of 8 pages, and including:
Warrant No.
General: Check No. 601263 through 601399
ACH No. 5015 through 5087
Successor Agency: Check No. 1509 through 1509
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.
SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 25th day of October 2023.
_______________________________
David N. Torres, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez -Glasman, City Attorney
RESOLUTION NO. 23-75
• Exhibit A – Warrant Register
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No. 23-75 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 25th day of October 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full, and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE: __
Christopher Jimenez, City Clerk
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
5015 10/05/2023 $4,889.82 SUPPLIES 3163 BANK OF AMERICA 5016 10/05/2023 $3,894.61 SUPPLIES 3163 BANK OF AMERICA 5017 10/05/2023 $905.09 UNIFORM EXPENSE 3163 BANK OF AMERICA 5018 10/05/2023 $78.34 FUEL 3163 BANK OF AMERICA
5019 10/05/2023 $116.34 SUPPLIES 3163 BANK OF AMERICA
5020 10/05/2023 $1,011.13 SUPPLIES 3163 BANK OF AMERICA 5021 10/05/2023 $353,989.56 PENSION/RETIREMENT PAYABLE 17 CAL PERS 5022 10/05/2023 $49,689.98 VEHICLE PURCHASES 1700 72 HOUR LLC 5023 10/05/2023 $1,500.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 5024 10/05/2023 $5,500.00 TRAINING 41790 ADLERHORST INTERNATIONAL LLC 5025 10/05/2023 $3,631.25 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 5026 10/05/2023 $52,662.36 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 5027 10/05/2023 $2,809.90 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 5028 10/05/2023 $9,652.60 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 5029 10/05/2023 $16,096.73 CONTRACT SERVICES 3016 ANTARES GOLF LLC 5030 10/05/2023 $374,764.80 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES 5031 10/05/2023 $692.37 SUPPLIES 35980 SAEED RADMEHR
5032 10/05/2023 $500.00 DUES & SUBSCRIPTIONS 72 COGRAN SYSTEMS LLC 5033 10/05/2023 $31,776.09 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 5034 10/05/2023 $47,523.19 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 5035 10/05/2023 $908.10 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 5036 10/05/2023 $107.20 TRAINING 35650 MARC MARTY
5037 10/05/2023 $296.45 CONTRACT SERVICES 3365 MOHAWK FACTORING LLC 5038 10/05/2023 $49,381.00 CONTRACT SERVICES 2940 OCEAN BLUE ENVIRONMENTAL SERVICES INC 5039 10/05/2023 $1,125.00 CONTRACT SERVICES 13680 PEERY & ASSOCIATES INC 5040 10/05/2023 $20,000.00 CONTRACT SERVICES 61050 REDFLEX TRAFFIC SYSTEMS 5041 10/05/2023 $918.23 CONTRACT SERVICES 2874 RPW SERVICES INC City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
5042 10/05/2023 $5,841.70 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 5043 10/05/2023 $191.19 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 5044 10/05/2023 $25,000.00 CONTRACT SERVICES 3602 THE PUN GROUP LLP 5045 10/05/2023 $12,132.75 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 5046 10/05/2023 $256.38 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 5047 10/05/2023 $2,168.60 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS 5048 10/12/2023 $1,345.17 TRAINING 3163 BANK OF AMERICA 5049 10/12/2023 $58.43 SUPPLIES 3163 BANK OF AMERICA
5050 10/12/2023 $2,707.98 SUPPLIES 3163 BANK OF AMERICA 5051 10/12/2023 $28.75 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 5052 10/12/2023 ($1,323.06) TRAVEL & MEETINGS 3163 BANK OF AMERICA 5053 10/12/2023 $1,505.24 TRAINING 3163 BANK OF AMERICA 5054 10/12/2023 $9.65 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 5055 10/12/2023 $3,841.34 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 5056 10/12/2023 $700.00 TRAINING 41790 ADLERHORST INTERNATIONAL LLC 5057 10/12/2023 $4,032.36 VEHICLE MAINTENANCE/EXPENSES 269 ADVANCED ELECTRONICS SOLUTIONS INC 5058 10/12/2023 $3,304.69 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 5059 10/12/2023 $17,404.14 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 5060 10/12/2023 $1,304,881.05 CONTRACT SERVICES 3944 AMERICAN LANDSCAPE, INC. 5061 10/12/2023 $74,878.55 CONTRACT SERVICES 3016 ANTARES GOLF LLC 5062 10/12/2023 $213.55 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 5063 10/12/2023 $1,504.08 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 5064 10/12/2023 $49,440.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 5065 10/12/2023 $6,070.91 CONTRACT SERVICES 2624 CRAFCO INC 5066 10/12/2023 $1,407.90 SUPPLIES 70920 DECALS BY DESIGN INC 5067 10/12/2023 $56,516.56 FUEL 962 MO DION & SONS INC
5068 10/12/2023 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 5069 10/12/2023 $68.00 CONTRACT SERVICES 23660 DAIOHS USA
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
5070 10/12/2023 $3,828.59 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 5071 10/12/2023 $28,222.11 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 5072 10/12/2023 $14,312.93 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 5073 10/12/2023 $16,814.16 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 5074 10/12/2023 $8,353.09 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 5075 10/12/2023 $4,010.17 SUPPLIES 26670 LIFE-ASSIST INC 5076 10/12/2023 $703,000.00 CONTRACT SERVICES 3905 LOS ANGELES ENGINEERING, INC. 5077 10/12/2023 $4,950.00 CONTRACT SERVICES 11070 LPM CONSULTING INC 5078 10/12/2023 $90,275.04 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 5079 10/12/2023 $1,072.40 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 5080 10/12/2023 $3,386.00 DUES & SUBSCRIPTIONS 3144 PRODUCTIVE PARKS LLC 5081 10/12/2023 $267.45 TRAVEL & MEETINGS 2637 ARLENE SALAZAR 5082 10/12/2023 $985.73 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 5083 10/12/2023 $96.36 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 5084 10/12/2023 $250.00 CONTRACT SERVICES 1933 STRICTLY TECHNOLOGY LLC 5085 10/12/2023 $535.60 RETIREMENT 27300 ROBERT C TUFANO 5086 10/12/2023 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 5087 10/12/2023 $126.10 CONTRACT SERVICES 3140 WEX HEALTH INC ACH TOTALS $3,502,424.88
601263 10/05/2023 $2,030.51 CONTRACT SERVICES 3083 AAA FLAG & BANNER MFG CO INC 601264 10/05/2023 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 601265 10/05/2023 $300.00 CONTRACT SERVICES 4270 ACTION YOUTH AMERICA LLC 601266 10/05/2023 $12,500.01 CONTRACT SERVICES 3557 ADVOCATE INC 601267 10/05/2023 $135.00 GENERAL GOVERNMENT 4268 CERA ALCARAZ 601268 10/05/2023 $3,297.19 SUPPLIES 4060 ANTHEM SPORTS, LLC 601269 10/05/2023 $561.90 UTILITY SERVICES 39550 AT&T
601270 10/05/2023 $38,793.31 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
601271 10/05/2023 $1,590.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 601272 10/05/2023 $0.00 VOID 17 CAL PERS
601273 10/05/2023 $2,061.40 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 601274 10/05/2023 $647.90 CONTRACT SERVICES 40850 MARIA E CASAS 601275 10/05/2023 $2,000.00 CONTRACT SERVICES 2683 COLIBRI ENTERTAINMENT INC 601276 10/05/2023 $2,120.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 601277 10/05/2023 $300.00 CONTRACT SERVICES 4183 CHRISTOPHER NEIL DIAZ-INFANTE 601278 10/05/2023 $900.00 TRAINING 4248 BEATRIZ ESPINOZA 601279 10/05/2023 $39,206.17 VEHICLE MAINTENANCE/EXPENSES 4245 FIRE APPARATUS SOLUTIONS 601280 10/05/2023 $1,302.55 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 601281 10/05/2023 $2,217.34 UNIFORM EXPENSE 55650 GALLS LLC 601282 10/05/2023 $1,400.00 CONTRACT SERVICES 3873 CARYN GARCIA 601283 10/05/2023 $341.47 TRAVEL & MEETINGS 4067 JOSE GARDEA 601284 10/05/2023 $558.00 CONTRACT SERVICES 28730 GARFIELD CAR WASH 601285 10/05/2023 $2,394.75 FURNITURE & FIXTURES PURCHASES 2728 H & V CUSTOM OFFICE CUBICLES CORP 601286 10/05/2023 $2,500.00 CONTRACT SERVICES 3599 JOHN H HERNANDEZ 601287 10/05/2023 $9,392.00 CONTRACT SERVICES 2763 INSIGHT PUBLIC SECTOR INC 601288 10/05/2023 $335.00 CONTRACT SERVICES 4198 KIDS ENJOY EXCERCISE NOW KEEN LOS ANGELES LCC 601289 10/05/2023 $1,084.80 SUPPLIES 3035 LA COUNTY SHERIFF'S DEPARTMENT 601290 10/05/2023 $279.14 TRAVEL & MEETINGS 2316 SALVADOR MELENDEZ 601291 10/05/2023 $153.04 TRAINING 4273 JENNIFER MERO
601292 10/05/2023 $26,484.94 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 601293 10/05/2023 $16,000.00 CONTRACT SERVICES 1665 MONTEBELLO SPEAKER REPAIR CENTER INC 601294 10/05/2023 $153,160.33 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 601295 10/05/2023 $338.05 SUPPLIES 1474 NATIONAL TRENCH SAFETY INC 601296 10/05/2023 $1,001.30 CONTRACT SERVICES 41180 MANUEL NUNEZ 601297 10/05/2023 $134.47 SUPPLIES 15620 OFFICE DEPOT INC 601298 10/05/2023 $95.00 GENERAL GOVERNMENT 4269 FIDENCIO ORTIZ
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
601299 10/05/2023 $1,912.50 CONTRACT SERVICES 3896 ROBERT J ORTIZ 601300 10/05/2023 $1,648.00 CONTRACT SERVICES 3055 CHARLES R ONEAL 601301 10/05/2023 $48.97 UTILITY SERVICES 100 PICO WATER DISTRICT 601302 10/05/2023 $478.48 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 601303 10/05/2023 $600.00 CONTRACT SERVICES 3371 ERNANDO RECENDEZ 601304 10/05/2023 $225.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 601305 10/05/2023 $400.00 CONTRACT SERVICES 4271 ROSALINDA ROCHA 601306 10/05/2023 $8,906.50 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 601307 10/05/2023 $0.00 VOID 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG 601308 10/05/2023 $1,250.00 CONTRACT SERVICES 4232 STUART RUSSELL SIMONE 601309 10/05/2023 $24,098.48 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 601310 10/05/2023 $24,402.48 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 601311 10/05/2023 $10,959.81 UTILITY SERVICES 526 T-MOBILE USA INC 601312 10/05/2023 $3,789.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 601313 10/05/2023 $1,500.00 CONTRACT SERVICES 3462 THE WALKING MAN INC 601314 10/05/2023 $4,696.04 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 601315 10/05/2023 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 601316 10/05/2023 $7,301.71 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 601317 10/05/2023 $750.00 CONTRACT SERVICES 4265 TONY VELAZQUEZ 601318 10/05/2023 $6,254.94 UTILITY SERVICES 23610 VERIZON WIRELESS 601319 10/05/2023 $86.90 CONTRACT SERVICES 3572 JIM WARINO 601320 10/05/2023 $1,141.00 CONTRACT SERVICES 71170 YOUNG ELECTRIC SIGN COMPANY 601321 10/05/2023 $333.20 CONTRACT SERVICES 3662 YOUTH EVOLUTION ACTIVITIES 601322 10/05/2023 $886.30 CONTRACT SERVICES 2905 ZUTRA WATER 601323 10/05/2023 $249.09 UNIFORM EXPENSE 4197 ANTONIO MONTANEZ 601324 10/12/2023 $5,000.00 UNIFORM EXPENSE 4217 1819 SUPPLY 601325 10/12/2023 $7,332.18 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 601326 10/12/2023 $59.03 UTILITY SERVICES 1732 AT&T CORP
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
601327 10/12/2023 $20,550.00 CONTRACT SERVICES 14 ALCORN FENCE COMPANY 601328 10/12/2023 $14,280.00 CONTRACT SERVICES 69480 ALLTECH INDUSTRIES INC 601329 10/12/2023 $627.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 601330 10/12/2023 $2,242.19 UTILITY SERVICES 39550 AT&T 601331 10/12/2023 $4.41 UTILITY SERVICES 39550 AT&T
601332 10/12/2023 $4,100.00 CONTRACT SERVICES 3868 ATLANTIC STRATEGIES, LLC 601333 10/12/2023 $1,800.00 FURNITURE & FIXTURES PURCHASES 3033 OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC 601334 10/12/2023 $1,990.00 CONTRACT SERVICES 2735 BOB MARDIGIAN FLOOR COVERING 601335 10/12/2023 $194.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 601336 10/12/2023 $17,169.47 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 601337 10/12/2023 $62,250.00 CONTRACT SERVICES 4190 CARE SOLACE, INC. 601338 10/12/2023 $0.00 VOID 55830 CHARTER COMMUNICATIONS 601339 10/12/2023 $949.30 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 601340 10/12/2023 $34.99 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 601341 10/12/2023 $395.23 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 601342 10/12/2023 $1,552.02 RETIREMENT 3128 CITY OF BELL GARDENS 601343 10/12/2023 $2,875.00 CONTRACT SERVICES 4026 CODE CONSULTING GROUP, LLC 601344 10/12/2023 $4,917.77 VEHICLE MAINTENANCE/EXPENSES 4194 COMMERCIAL TRUCK EQUIPMENT CO. 601345 10/12/2023 $615.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 601346 10/12/2023 $2,791.36 VEHICLE MAINTENANCE/EXPENSES 990 DANIELS TIRE SERVICE 601347 10/12/2023 $2,665.00 CONTRACT SERVICES 3392 EL CAMINO COLLEGE 601348 10/12/2023 $3,504.43 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 601349 10/12/2023 $5,450.00 CONTRACT SERVICES 4250 FIRST AMERICAN TITLE 601350 10/12/2023 $3,384.75 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 601351 10/12/2023 $1,655.68 UNIFORM EXPENSE 55650 GALLS LLC 601352 10/12/2023 $767.65 CONTRACT SERVICES 506 SPX CORPORATION 601353 10/12/2023 $3,215.11 VEHICLE MAINTENANCE/EXPENSES 455 GOLDEN STATE FASTENERS & SUPPLY INC 601354 10/12/2023 $3,911.08 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
601355 10/12/2023 $2,180.47 SUPPLIES 2059 HASA INC
601356 10/12/2023 $90.00 PARKS AND RECREATION 3536 GLORIA HERNANDEZ 601357 10/12/2023 $314.69 CONTRACT SERVICES 2012 ICE MACHINE SALES & SERVICE CO 601358 10/12/2023 $4,949.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 601359 10/12/2023 $27,273.00 CONTRACT SERVICES 3044 KAIZER RANGWALA 601360 10/12/2023 $390.00 CONTRACT SERVICES 8130 RICHARD D JONES A PROFESSIONAL LAW CORP 601361 10/12/2023 $1,975.00 CONTRACT SERVICES 4263 MELTWATER NEWS US INC 601362 10/12/2023 $3,175.91 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 601363 10/12/2023 $650.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 601364 10/12/2023 $3,391.46 CONTRACT SERVICES 3225 NELSON NYGAARD CONSULTING ASSOC INC 601365 10/12/2023 $98,698.00 CONTRACT SERVICES 4274 NORTHSTAR CONTRACTING GROUP INC 601366 10/12/2023 $1,702.28 SUPPLIES 15620 OFFICE DEPOT INC 601367 10/12/2023 $250.00 GENERAL GOVERNMENT 4277 JULIE ORTEGA 601368 10/12/2023 $415.50 RETIREMENT 42490 LINDA PAYAN
601369 10/12/2023 $8,849.76 CONTRACT SERVICES 3279 PROCURE AMERICA INC 601370 10/12/2023 $424.16 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 601371 10/12/2023 $11,805.51 CONTRACT SERVICES 4057 ROSE PAVING LLC 601372 10/12/2023 $300.00 TRAINING 2285 RYAN SALDIVAR
601373 10/12/2023 $1,518.40 UNIFORM EXPENSE 2002 SAM BROWN SHIELD INC 601374 10/12/2023 $7,388.00 CONTRACT SERVICES 3583 SHOCKWAVE ELECTRIC INC 601375 10/12/2023 $7.59 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 601376 10/12/2023 $8,076.10 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 601377 10/12/2023 $44,009.69 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 601378 10/12/2023 $500.00 TRAINING 3385 STATE OF CA - DEPT OF FORESTRY AND FIRE PROTECTION 601379 10/12/2023 $856.50 CONTRACT SERVICES 3397 STERICYCLE INC 601380 10/12/2023 $456.00 CONTRACT SERVICES 4278 TEN OF TEN EMBROIDERY INC 601381 10/12/2023 $61,077.16 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 601382 10/12/2023 $6,889.33 CONTRACT SERVICES 652 TIMECLOCK PLUS
EXHIBIT A
WARRANT# DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1561
From Payment Date 09/29/23 - To Payment date 10/12/23
601383 10/12/2023 $1,998.00 CONTRACT SERVICES 3522 ROSANNA TOS 601384 10/12/2023 $2,289.52 UTILITY SERVICES 72570 US TELEPACIFIC CORP 601385 10/12/2023 $164,837.72 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 601386 10/12/2023 $1,993.58 SUPPLIES 45120 ULINE INC
601387 10/12/2023 $3,853.24 VEHICLE MAINTENANCE/EXPENSES 4129 UNITED TRANSMISSION EXCHANGE 601388 10/12/2023 $41,424.22 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 601389 10/12/2023 $1,286.82 VEHICLE MAINTENANCE/EXPENSES 3450 VALLEY POWER SYSTEMS INC 601390 10/12/2023 $541.13 UTILITY SERVICES 23610 VERIZON WIRELESS 601391 10/12/2023 $2,601.55 SUPPLIES 9470 W W GRAINGER INC 601392 10/12/2023 $1,675.39 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 601393 10/12/2023 $18,971.40 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 601394 10/12/2023 $158.63 SUPPLIES 67320 WINZER
601395 10/12/2023 $1,467.93 CONTRACT SERVICES 3006 ASBURY ENVIRONMENTAL SERVICES 601396 10/12/2023 $109.98 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 601397 10/12/2023 $5,553.08 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 601398 10/12/2023 $190.70 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 601399 10/12/2023 $7,453.00 CONTRACT SERVICES 3943 R&S OVERHEAD DOORS OF COMMERCE, INC.
CHECK TOTAL $1,169,057.82
Successor Agency (SA)
1508 10/05/2023 $4,510.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG 1509 10/12/2023 $2,255.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG SA TOTAL $6,765.00
GRAND TOTAL $4,678,247.70
EXHIBIT
CITY OF MONTEBELLO FORECASTED AGENDA
NOTE: The attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.
Item # Description Session Department Presenter
Citizen of the Month Presentation Public Affairs David Sosnowski Men's Health Presentation Public Affairs David Sosnowski Alzheimer Disease Awareness Month Presentation Public Affairs David Sosnowski Athens Services - Service Updates Presentation Administration Athens (Jessica Alvarenga) General Plan Amendment and Zone Change for 437 N.
Spruce Street Public Hearing Planning Joseph Palombi
Appropriation of State Water Resources Board Grant Consent Public Works Rita Montalvo Update on Tornado Recovery Consent Planning Joseph Palombi Resolution for VMT Code Amendments Consent Planning Joseph Palombi Parks and Facilities Rules and Regulations Consent Parks & Rec David Sosnowski Acquisition and Purchase of Self-Contained Breathing
Apparatus (SCB's) and Necessary Accessories Consent Fire Chief Pelaez/ Angelica
Palmeros
Basement Tenant Improvement Related Purchases
(Furniture) Consent Police Chief Espinosa
Minutes Consent Administration Acting CM Salazar
Reso No. ___ Warrant Register Consent Finance Michael Solorza City Council Forecasted Agenda Calendar - November
NOVEMBER 8TH
Updated