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1.3 QUALITY CONTROL
A. Submit one-gallon sample of proposed fill material for testing and review by the Geotechnical Engineer at least two weeks prior to proposed use on site. No material is to be used unless approved by the Geotechnical Engineer retained by the City.
B. All excavation, for the footings, installation, placement and compaction of fill and preparation of subgrade shall be reviewed by the Geotechnical Engineer retained by the City. Contractor shall schedule work and notify City and Geotechnical Engineer three working days in advance of each portion of grading operations for their review, testing and approval. The Contractor shall cooperate with the City in performing these tests. All tests indicating conformance to project requirements shall be paid for by the City. Costs of retesting and re-inspection required as the result of inadequate, insufficient, or incomplete work by the Contractor shall be deducted from the contract amount.
C. Compaction Test Method: Where referred to in these specifications, "compaction" or "relative compaction" shall mean the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material as determined by ASTM D-1557-02e1.
D. The Contractor shall provide compaction testing as required to confirm compliance with these specifications and drawings. All costs of such testing will be borne by the City, except as specified in Paragraph 2.3 in Section 01000 General Requirements.
E. Geotechnical Engineer shall be present during all site clearing and grading operations to test and to observe earthwork construction. This representative shall be notified at least two working days prior to commencement of any grading operations to allow for discussion and planning with the earthwork, underground and paving contractors.
1.4 LAYOUT AND GRADING CONTROL
A. Grade the site to the tolerances shown. Vertical control is established by the benchmark indicated on the drawings. The contractor may request CAD files for construction staking from the Engineer.
B. The Contractor shall engage the services of a City-approved Land Surveyor licensed in California to lay out the work. This surveyor shall certify that the completed work is done in a manner that the City can check for conformance as the work progresses.
C. Tolerances: Site grading shall be to the elevations shown on the Drawings, plus or minus 0.1 foot vertically.
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D. Dewatering: No soil shall be compacted during periods of rain or when the ground is not drained of all free water. Soil that has been stockpiled and wetted by rain or by any other cause shall not be compacted until completely drained and until the moisture content is within the limits approved by the City.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Existing material may be used for fill after removal of all debris and shall be free from shale, sod, roots, rubbish, trash, lumber, organic material, ashes and other debris, unusual color, contamination, and sulfide odor and, if it meets the criteria in paragraph B below.
B. Soil imported to the site and used for compacted fill shall be free of perishable organic material and shall meet the requirements of Sections 217 of the Standard Specifications.
C. Minor quantities of material not meeting the above requirements may be mixed and blended with other on-site material if the resulting mixture conforms to the specifications. If the quantity of material not in conformance with the specifications becomes excessive in the opinion of the Geotechnical Engineer, it shall be removed from the site.
3.1 SITE GRADING
A. Prior to commencement of site grading work the Contractor shall notify the City’s Representative that the site has been cleared. The City’s Representative shall have sufficient time to review the site. Site grading shall not commence until the City’s Representative has completed review of the site and the City has given approval to proceed.
B. Perform all cut and fill required to bring the site to the grades indicated, with proper allowances for finish materials such as paving and base. Prior to placing new fill the exposed ground surface should be scarified to a depth of six inches (or greater as indicated on plans), brought to near optimum moisture content and compacted.
Areas to be planted shall be compacted to 85 percent and areas to be paved shall be compacted to at least 90 percent relative compaction as determined from ASTM Test Method D 1557-78.
C. Placement and Compaction: Approved fill material shall be placed in layers of six to eight inches in loose thickness and moisture-conditioned as necessary to achieve moisture content suitable for re-compacting. Fill material shall be compacted with equipment of such weight and design as necessary to obtain the specified
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compaction. Fill shall be compacted to 85 percent relative compaction in areas to be planted and at least 90 percent relative compaction in areas to be paved unless otherwise directed. In pavement areas, the upper 9 inches of subgrade shall have a minimum relative compaction of 95 percent. The resulting subgrade should be smooth and essentially unyielding. In planting areas, the upper 8 inches shall have a minimum relative compaction of 85 percent. Between successive lifts, the fill surface shall be scarified or otherwise processed to obtain satisfactory bonding between the fill lifts.
D. Re-compaction: Where, in the judgment of the City’s Representative, the moisture content is not suitable or insufficient compaction has been obtained, the fill shall be reconditioned and/or re-compacted to the specified density prior to placing any additional fill material. The Contractor shall be responsible for placing and compacting approved fill material in accordance with these specifications. If the Contractor fails to meet the compaction requirements, the Contractor shall reduce their rate of haul, furnish additional spreading, moisture conditioning and/or compacting equipment or make any other adjustments necessary to produce a satisfactorily compacted fill.
E. All excess material and all material that is unsuitable for paving subbase or finish grading shall be disposed of off site at Contractor’s expense and includes all testing and fees required by the disposal site.
F. Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City or the Agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted through the Contractor’s own negligence, those services shall be repaired immediately and restored by the Contractor at the Contractor’s own expense. Abandoned lines, meters and boxes, obstructions or piping, shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected.
G. Rock Removal: All rocks eight cubic inches or larger shall be removed completely from the top 6 inch of subgrade prior to placement of topsoil in all planting areas. (See "Landscape Soil Preparation" for additional requirements.) All rocks not meeting criteria for fill material shall be legally disposed of off-site as the Contractor's own property.
3.2 EROSION CONTROL AND CLEAN-UP
A. Refer to Stormwater Pollution Prevention notes on Plans and in Section 01000 General Requirements.
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B. Spillage: The Contractor shall prevent spillage when hauling on or adjacent to any public street or highway. In the event that such occurs, the Contractor shall remove all spillage and sweep, wash or otherwise clean such street or highways.
C. Dust Control: The Contractor shall take all precautions needed to prevent a dust nuisance to adjacent public and private properties and to prevent erosion and transportation of soil to adjacent properties due to work under this contract. Any damage so caused by the Contractor’s work under this contract shall be corrected or repaired by the Contractor at no cost to the City. In the event the Contractor fails to take such precautions or make such corrections or repairs promptly, the City may take such steps as the City may deem necessary and deduct the cost of the same from the monies due to the Contractor.
D. Clean-up: The job site shall be kept neat and clear at all times, with all public walks swept clean at the end of each day, and all materials neatly stored. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of this work. Failure to perform such cleanup operations within 48 hours of notice by the City shall be considered adequate grounds for having the work done by others at this subcontractor’s expense.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Lump Sum price, for bid items Finish Grading and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finish grading complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02310
SECTION 02315 TRENCHING AND BACKFILLING
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. Perform all structural excavation, trenching, and backfilling work as shown and specified including, but not necessarily limited to utility trenches, footings, foundations, walls, and irrigation lines.
B. Related work specified elsewhere:
1. Demolition - Section 02220
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2. Clearing and Grubbing - Section 02230
3. Earthwork and Grading - Section 02310
4. Site Drainage - Section 02630
5. Irrigation - Section 02810
6. Site Concrete - Section 03300
1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to Section 217 Bedding and Backfill Materials of the Standard Specifications as they reasonably apply to this work, except for measurement and payment requirements.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Backfill material shall consist of the same material as specified for general fill under Section 02310 - Earthwork and Grading.
PART 3 - EXECUTION
3.1 EXCAVATING AND BACKFILLING FOR TRENCHES
A. Excavating and backfilling shall conform to Section 306 Open Trench Conduit Construction and City of Montebello Engineering Department Standard Plan 160A Standard Trench Backfill.
3.2 STRUCTURAL EXCAVATION AND BACKFILL
A. Structural Excavation: Make all excavation to the grades and elevations shown on the drawings, or to the subgrades required to obtain the finished grades shown thereon. Accurately cut footing trenches. Where footings are to be cut "neat", the trench or excavation width shall be increased by 2 inches from the dimensions shown on the drawings, so as to permit pouring footings against earth banks. If soil type or weather does not permit such excavations, excavate wide enough to permit full forming of footings. If any excavation is made below proper grade, the City shall be immediately notified, and the grade shall be restored in whatever manner the City directs, at no expense to the City. All excavation shall be kept free of standing water until concrete work, paving or backfilling is complete. Shore and brace excavations when required to prevent cave-ins.
B. Foundations from previous structures, underground utilities or other buried structures shall be removed in their entirety and replaced with compacted engineered fill.
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C. When zones of soft or saturated soils are encountered at the over-excavated levels during excavation and compaction, deeper excavation shall be required to expose firm soil. This shall be determined in the field by the City’s Representative.
3.3 SURPLUS MATERIAL
A. Any excavated material which proves to be unsuitable or which is not required for backfilling shall be removed from the immediate work area and disposed of off-site.
3.4 CLEANUP
B. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of this work. Failure to perform such cleanup operations within 48 hours shall be considered adequate grounds for having the work done by others at the Contractor’s expense.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Contract Unit Price, unit as shown in the Bid Schedule or Lump Sum price for the work that requires trenching and backfilling for bid items Stormwater Improvements (8”Drains and Misc. Pipe), Chain-Link Fence, Dugout Chain-Link Fencing, Relocate Chain-Link Fence Gate, Chain-Link Fence Gate, Reset Post Plumb and Irrigation – Complete, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in trenching and backfilling complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02315
SECTION 02630 SITE DRAINAGE
PART 1 – GENERAL (See also General Requirements)
1.1 SCOPE
A. Furnish and install all storm drain lines and appurtenances as shown on drawings and specified including but not necessarily limited to PVC area drains, HDPE pipe, PVC pipe.
B. Related work specified elsewhere:
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1. Earthwork and Grading - Section 02310
2. Trenching and Backfilling - Section 02315
3. Site Concrete - Section 03300
1.2 STANDARDS
A. Unless otherwise specified or shown, all materials and methods shall conform to section 207 Gravity Pipe, Section 208 Pipe Joint Types and Materials, and Section 306 Open Trench Conduit Construction of the Standard Specifications as they reasonably apply to this work, except for measurement and payment requirements.
1.3 TOLERANCES
A. Tolerances for pipe trenches, pipe placement, catch basins, and area drains shall be as specified by DTSS. No combination of high and low tolerances that compromise the lines and grades as shown will be permitted.
1.4 REVIEWS
A. 24 hours prior to placement of backfill above the pipe bedding, the City shall be notified by the Contractor and shall be allowed such reasonable time to inspect placement of the pipe and pipe bedding.
1.5 RECORD DRAWINGS
A. Contractor shall maintain a daily log of on-site installation and changes from the Contract Documents on a set of prints provided to Contractor by City for record purposes. A clearly legible and detailed print of said log, acceptable to the Inspector, shall be submitted to the City prior to final payment.
1.6 SUBMITTALS
A. Pipe Materials, area drains
PART 2 - PRODUCTS
2.1 MATERIALS
A. Storm Pipe (solid and perforated):
1. PVC Pipe meeting the requirements of Section 207-17 PVC Gravity Pipe of the Standard Specifications.
i. Joints meeting the requirements of Section 208-4 Gaskets For Thermoplastic Pipe.
2. High Density Polyethylene (HDPE) pipe meeting the requirements of Section 207-18 Annular High-Density Polyethylene Pipe With Smooth
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Interior, Corrugated Exterior, With Bell And Spigot Joints (Type S) of the Standard Specifications.
i. Joints meeting the requirements of Section 208-4 Gaskets For Thermoplastic Pipe.
B. Area Drains: Nyloplast Inline Drains, As shown on drawings or approved equal.
PART 3 - EXECUTION
3.1 TRENCH EXCAVATION
A. Excavation of pipe trenches shall conform to Trenching and Backfilling - Section 02315 of these specifications.
3.2 INSTALLATION
A. Pipes, drain areas and appurtenances shall be installed to the lines and grades shown and the requirements of Section 306 Open Trench Conduit Construction.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Lump Sum price for the bid item Stormwater Improvements (8” Drains and Misc. Pipe) and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in site drainage complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02630
SECTION 02735 INFIELD MIX
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. The extent of work in this Section includes the provision of materials and labor for the construction of all cement stabilized decomposed granite paving.
B. Related work specified elsewhere:
1. Earthwork and Grading - Section 02310
1.2 SUBMITTALS
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A. Infield Mix: A one-quart sample of the infield mix to be used shall be submitted to the Engineer.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Soil Sterilant: To be chlorate-borate material with not less than forty percent sodium chlorate and soluble in water to the extent of 4.0 lbs. of product per gallon of water ("Trifluralin HF” or approved equal).
B. Infield surface mix shall be premixed as follows:
Volcanic red cinders 1/8" maximum diameter with fines 70% Wilder clay 20%
Sandy loam 10%
Color of the infield mix to match the existing infield mix.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Soil Sterilant: Shall be applied to the subgrade soil of areas to be paved prior to baserock operations; uniformly applied per manufacturer's recommendations; minimum rate of 2.5 to 3.0 lbs./1000 square feet and watered with a minimum of 3 gallons/100 square feet. Contractors shall take all precautions necessary to avoid spray onto or runoff into planting areas.
B. Contractor shall roll and compact two (2) uniform lifts of the infield surface mix for a total of 4 inches of the surface mix. The roller shall not exceed 4 tons.
C. Grades: The finish grades of the infield mix shall conform to the lines and grades on the drawings and allow for drainage. Edges of paving shall be flush with adjacent concrete or AC paving.
3.2 CLEAN-UP
A. Waste Removal: All waste incurred as a result of infield mix construction shall be removed from the site and disposed of legally. all excess infield mix shall be removed from planting area.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Lump Sum price for the bid item InField Mix Fill and Adjustment and shall include full compensation for furnishing all labor,
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materials, tools, equipment, and incidentals, and for doing all the work involved in infield mix complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02735
SECTION 02810 – IRRIGATION
PART 1 - GENERAL
SCOPE
A. Work in this section includes installation of a complete automatic irrigation system, including excavation for points of connection, trenching, piping, equipment, electrical components, booster pump and incidentals related thereto.
QUALITY CONTROL
A. Standards: Unless otherwise shown or specified, all materials and methods shall conform to the latest edition of Standard Specifications for Public Works Construction as they reasonably apply to this work except for measurement and payment requirements.
B. Reviews: Contractor shall specifically request the following reviews prior to progressing with the work:
1. Layout of system.
2. Points-of-connection excavation.
3. Trenching and pipe assembly.
4. Coverage adjustment of all heads and valve box installation.
5. Operation of system.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Quality: All materials shall be new and the best quality available unless otherwise specified. All materials shall be clearly marked by manufacturer on all material, containers, or certificates of contents for inspection.
B. Plastic Pipe and Fittings: All mainline pipe ¾” – 1-½” in size shall be polyvinyl chloride (PVC) Schedule 40; sizes 2” – 3” shall be Class 315; and sizes 4” and larger shall be Class 200 twin-seal gasketed pipe. Unless otherwise noted, all laterals shall be Class 200 PVC pipe; solvent weld fittings, if used, shall be Schedule 40, or Schedule 80 as called for on details. Solvent for piping shall be as
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recommended by manufacturer. All pipe shall be clearly labeled with manufacturer type and specification numbers.
C. Copper Pipe: Hard-drawn copper piping, type "K".
D. Control Wire: Type UF, 600 v. insulation, minimum size #14, copper, common to be white, valve control wire to be red or black, U.L. approved for irrigation control use; splices shall be "Scotch-Lok" seal pack, or equal.
E. Valve Boxes: Precast concrete or plastic of type and size indicated; free of all cracks, chips or structural defects. Boxes subject to vehicular traffic shall be concrete and have heavy duty steel covers. Boxes shall be sized to provide a 4” minimum clearance around the irrigation equipment inside the box, excluding all pipes and fittings.
F. Irrigation Equipment: Refer to drawings. Any desired substitutions require submittals in duplicate for specific written approval.
G. Thread Sealant: Permatex Thread Sealant, part #14H, white in color.
PART 3 - EXECUTION
3.1 GRADING: Contractor shall be responsible for installing all irrigation features to their finished grade and at depths indicated. All rough grading shall be completed before trenching commences.
3.2 LAYOUT AND TRENCHING: All features of the irrigation system shall be staked and pipe alignments marked prior to trenching for review by the Engineer. Refer to Section 02315 Trenching and Backfilling for trenching.
3.3 BACKFILLING: Do not cover joints until system has been reviewed by the Engineer.
Backfill with damaging rocks and debris shall not be permitted. Compact all backfill and eliminate settlement. Previously prepared soil is to be replaced as the top six inches of backfill.
3.4 FABRICATION: Snake pipe from side to side when trench exceeds thirty feet in length.
All manifolds shall be neat, orderly, and constructed for ease in maintenance operations.
Construct manifolds to allow valve boxes to be parallel to each other and to adjacent walls, walks, curbs, and buildings. Cuts and joints shall be free of burrs, smooth, and minimum in quantity. All pipe above finish grade shall be galvanized unless noted otherwise.
3.5 PIPELINES: All pipelines shown parallel on the drawing may be installed in a common trench. Where pipelines are shown parallel or adjacent to shrub or groundcover areas, they shall be installed in these areas. All changes in depth of pipe shall be accomplished using 45-degree fittings.
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3.6 SLEEVES: Contractor shall adequately size all sleeves shown on the plans. Sleeves shall be installed at the necessary depths prior to pavement construction, extend 1’-0” from edge of pavement into planted area, and have ends clearly marked above grade.
3.7 TESTING: Test mainline at 125 psi for six (6) hours. Test and repair as necessary until satisfactory test conditions are obtained.
3.8 CONTROL WIRE: Install control wire in pipe trenches wherever practical. Tape to underside of pipe every ten feet. Loop wire every 20 feet. Splices shall occur in valve boxes only and shall be accomplished utilizing approved connectors. All wire shall be installed below or level with the bottom of adjacent pipes. All wiring above finish grade shall be enclosed in steel conduit. Splices shall be installed in junction boxes.
3.9 ADJUSTMENTS: Adjust all heads for arc, radius, riser height, and distribution for uniform and optimum coverage. Such adjustments shall include nozzle changes without additional cost to the City.
3.10 FINISH GRADE: Unless otherwise noted, all heads shall be set at finish grade and on double or triple swing joints as called for on drawings. The top of all valve boxes shall be flush with finish grade.
3.11 CONTROLLER: Contractor shall clearly label and sequence stations for ease in maintenance operations. Station valves to operate as they are located around the site. Fasten controller and wire conduits securely to wall with conduit clamps and screws. Contractor shall complete all forms and labels shipped with and/or attached to the controller; attach the Contractor’s own name, address and phone number to the controller via a permanent label; and shall properly execute and file with the City the controller and valve guarantees.
3.12 RECORD DRAWING: Contractor shall regularly update a print of the system and any changes made to the system throughout the project. Features below ground shall be indicated with at least two measurements from surface features such as walks, building, or sprinkler heads. All changes shall be recorded on this plan before trenches are backfilled.
The record drawing shall be completed and submitted to the City before final payment shall be made for work installed.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Lump Sum price for bid items Irrigation – Complete, and Repair Booster Pump and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in irrigation complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02810
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SECTION 02820 CHAIN LINK FENCE AND GATE
PART 1 - GENERAL (See also General Requirements)
SCOPE
A. Furnish and install all labor, material, equipment, and services required to perform such work including, but not limited to, work as shown on the drawings and the following:
1. Installation of new chain link fence.
2. Installation of new Dugout chain link fence.
3. Installation of new chain link gate.
4. Repair of existing chain link fence.
5. Relocation of chain link gate.
B. Related work specified elsewhere:
1. Site Concrete - Section 03300
2. Painting - Section 09910
SUBMITTALS
Contractor shall submit two complete sets of product data and materials order confirmation within five days after award of bid.
STANDARD SPECIFICATIONS
The Standard Specifications for materials and installation shall apply to this Section unless noted otherwise and except for payment and measurement.
PART 2 - PRODUCTS
2.1 MATERIALS
Fabric, Posts, Top Rail and Bottom Rail and/or Tension Wire, Truss Braces, Fittings and Tie Wires materials shall match the existing chain-link fencing and gates.
C. Concrete Backfill: See Site Concrete Section 03300.
D. See drawings for additional information.
PART 3 - EXECUTION
3.1 INSTALLATION
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A. Installation shall match the existing chain-link fencing and gates.
B. See drawings for additional information.
PART 4 - MEASUREMENT AND PAYMENT
All work under this section shall be paid for at the Contract Unit Price, unit shown in the Bid Schedule, or Lump Sum price for bid items, Chain-Link Fence, Dugout Chain-Link Fencing, Relocate Chain-Link Fence Gate, Chain-Link Fence Gate, Reset Post Plumb and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in these bid items complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02820
SECTION 02870 SITE FURNISHINGS
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. Furnish and install all site furnishings, including but not necessarily limited to BallField Bleacher – 5 Rows (15’ Length), Ball-Field Bleacher – 6 Rows (27’ Length), Dugout Players Bench – 21’ Length, Bat Rack and Water Fountain Repair.
B. Related work specified elsewhere:
1. Irrigation - Section 02810
2. Site Concrete - Section 03300
1.2 ACCEPTANCE: Prior to the purchase of the items and within five days of the award of the contract, the Contractor shall supply the Owner’s Representative with samples of the finishes for approval by the City. No materials for this section shall be purchased until such approval is granted.
1.3 CERTIFICATION: Delivery schedules shall be verified and certified in writing to the Owner’s Representative within ten days after the project commences.
1.4 SUBMITTALS: Submit catalog information for items:
A. All site furnishings indicated on the drawings.
PART 2 - PRODUCTS
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2.1 MATERIALS
A. See the drawings.
PART 3 - EXECUTION
3.1 LAYOUT: Prior to commencing installation, Contractor shall stake layout and request a review by the Owner’s Representative to determine adjustments on site from locations shown on drawings.
3.2 INSTALLATION:
A. All site accessories shall be installed per manufacturer's specifications.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Contract Unit Price, unit as shown in the Bid Schedule, or Lump Sum price for bid items Ball-Field Bleacher – 5 Rows (15’ Length), Ball-Field Bleacher – 6 Rows (27’ Length), Dugout Players Bench – 21’ Length, Bat Rack and Water Fountain Repair and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in these bid items complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02870
SECTION 02934 PLANTING
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. Furnish and install all sod, seeding, container plants, groundcover, staking, trees, and related work thereto.
B. Related work specified elsewhere:
1. Landscape Maintenance - Section 02935
1.2 QUALITY CONTROL
A. Reviews: The Contractor shall specifically request the following reviews prior to progressing with the work:
1. Plant material approval
2. Plant layout
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3. Finish grade
4. Substantial completion
5. Final completion
1.3 SUBMITTALS
A. Plant Material: Within five days after award of contract, Contractor shall submit notice to the Owner’s Representative certifying the quantity and species of plant material ordered, the nursery supplying the material, any plant material unavailable at the time, and proposed plant substitutions. No plants shall be ordered or delivered prior to written acceptance by the Owner’s Representative.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Nomenclature and Labels: Plant botanical names shall conform to "Standardized Plant Names", second edition, and secondly, "A Checklist of Woody Ornamental Plants of California", Manual 32, University of California. All plants of each clone, species, and cultivar shall be delivered to the site labeled with their full botanical names. Every plant species shall be labeled with no less than one label for every ten plants of a species.
B. Quality: Minimum quality of all plant material shall conform to prevailing published specifications of the California Association of Nurserymen and the American Association of Nurserymen’s American Standard for Nursery Stock unless otherwise indicated. Additional specifications shall be indicated on the drawings.
C. Quantities: The quantities shown on the plant list and in labels are for the Owner’s Representative’s use and are not to be construed as the complete and accurate limits of the contract. Contractor shall furnish and install all plants shown schematically on the drawings. Any unlabelled plants shall be considered as the smaller size shown for that type on the drawings.
D. Root Systems: All container-grown stock shall be grown in its container for at least six months prior to its planting. Contractor shall allow one percent of the quantity of plants for removal and inspection. Any plant material, within one year following the final acceptance of the project, determined by the Owner’s Representative to be defective, restricted, declining or otherwise deficient due to abnormal root growth, shall be replaced by Contractor to the equal condition of adjacent plants at the time of replacement.
E. Health: Foliage roots and stems of all plants shall be of vigorous health and normal habit of growth for its species. All plants shall be free of all diseases, insect stages, burns, or disfiguring characteristics.
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F. Untrue Species: All plant material, within two years following the final acceptance of the project, determined by the Owner’s Representative to be untrue to the species, clone, and/or variety specified, shall be replaced by the Contractor, to the equal condition of adjacent plants at the time of replacement.
G. Sod/Lawn: Shall be minimum 95% purity and 85% germination. Inert matter shall not exceed 2.0% nor weed content 0.00%, with no noxious weeds. Sod type shall be as indicated on the drawings. Sod shall have a well developed root structure sufficiently mature so that it will hold together when held by one end of the roll.
Yellowing, brown, diseased, dried, or pest infested sod shall be rejected. Soil thickness of the sod shall be 1/4 inch to 5/8 inch thick excluding top-growth and thatch; top-growth shall be uniformly mowed to 1-1/2 inch to 2 inches for bluegrasses and ryegrasses with excess clippings and surface debris removed; size of rolls or slabs shall be consistent to the suppliers standard length and width and is not to vary by more than 2% in either dimension.
PART 3 - EXECUTION
3.1 GENERAL
A. Plant Material Approvals: Before planting operations commence, all or a representative sampling of plant material shall be reviewed at the site by the Owner’s Representative. Defective plants installed without such review shall be removed from the site upon request by the Owner’s Representative and an acceptable plant substituted in its place.
B. Layout: Only those plants to be planted in any single day shall be laid out. Locations of all plants shall be reviewed prior to planting. Plants installed without this review shall be transplanted as directed by the Owner’s Representative.
C. Protection of Plants: Contractor shall maintain all plant material in a healthy growing condition prior to and during planting operations. Contractor shall be responsible for vandalism, theft and damage to plant material until the commencement of the maintenance period.
D. Root Systems: Contractor shall be responsible for inspection of all root systems on plant materials. Inspection shall include, but not be limited to, checking for rootbound stock, encircling roots at the perimeter of the container, girdling roots at the top surface of the rootball, and other defective root conditions. Such inspections shall include the complete removal of soil from one percent of plant material containers, or at least one plant from each nursery and each plant type. Contractor shall cut defective or potentially defective girdling, rootbound, and encircling roots and spread the root system into the surrounding backfill. Plants with excessively defective root systems shall be rejected by the Contractor.
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E. Pruning: Contractor shall do no pruning without the specific approval of the Owner’s Representative. Plants pruned without approval shall be replaced by the Contractor, if required.
F. Cleanup: After completion of all operations, Contractor shall remove all trash, excess soil and other debris. All walks and pavement shall be swept and washed clean, leaving the entire area in a neat, orderly condition.
G. Sod Installation: Finish grade to smooth even surface allowing for sod thickness at pavement and other structures to leave the sod one-half inch below the finish grade of adjacent structures. The soil surface shall be sufficiently firm to resist impressions over one-quarter inch deep, and shall be lightly rolled until meeting this firmness. The top six to eight inches of soil shall be watered until this zone has an optimum moisture content for root growth.
Sod shall be laid in rows with staggered ends neatly and tightly butted on all edges.
Sod shall be protected from wind and sun exposure during storage with a maximum storage period of twenty-four hours. No overlap, gaps, ripples, or other uneven pavement will be accepted. Contractor shall lightly roll all sod after installation to insure optimum contact with the soil. Trimming and cutting around structures shall be completed with sharp tools and carefully fitted so the final appearance is a solid continuous turf.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Contract Unit Price, unit as shown in the Bid Schedule, for bid items Sports Turf and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in planting work as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02934
SECTION 02935 LANDSCAPE MAINTENANCE
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. Work in this section includes the growing and maintenance operations necessary to establish the newly planted lawns, shrubs, ground covers, trees and other plantings; to provide insect and disease control, and to maintain the irrigation system, and related construction elements.
B. Related work specified elsewhere:
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1. Irrigation - Section 02810
3. Planting - Section 02934
1.2 SUBMITTALS
A. Soil Testing: Contractor shall provide horticultural soils report of the lawn planting areas of the in-place topsoil 20 days after completion of planting, for maintenance period fertilizer recommendation. Test results shall be made available to the City’s Representative. Sample shall be a representative composite taken from several planting areas. Cost of soil test shall be paid for by the Contractor.
B. Herbicide/Fungicide/Insecticide: Submit a written recommendation from a State of California appropriately licensed individual along with complete product data from proposed manufacturer, for review by City Inspector and/or City’s appropriately licensed individual.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Fertilizer: Used during the course of the maintenance period shall be determined by soils test required under Part 1 of this Section. For bidding purposes only, assume the use of ammonium sulfate (21-0-0) at 5 lbs. per 1000 SF, minimum of two applications.
B. Water: During the course of construction and maintenance period water shall be paid for by the Contractor.
C. Herbicide/Fungicide/Insecticide: Shall be a commercially available chemical recommended for this project and these plantings by a State of California appropriately licensed individual. The licensed individual shall review all planting, including but not limited to seed, sod, groundcovers, shrubs, and trees, the types and extent of soil preparation, the irrigation systems, drainage patterns, and other project characteristics to verify type, compatibility, and recommend the appropriate chemical(s) for use. Contractor shall be responsible for all overspray, spreading, runoff, plant health, and other impacts from the use of the chemical(s).
D. Animal Control Materials: None required under these specifications.
PART 3 - EXECUTION
3.1 TIME LIMITS: The maintenance period shall commence from the date of substantial completion of planting as defined in paragraph 3.6 below, and extend for a 90 day period thereafter, or until the acceptance of Final Completion.
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3.2 FERTILIZER APPLICATION: Fertilizer(s) shall be applied per Soil and Plant Laboratory recommendations. For bidding purposes, assume initial application to be four weeks after planting and subsequent applications to be at 45-day intervals.
3.3 HERBICIDE APPLICATION: Herbicide shall not be used until all plant material has been planted a minimum of 20-days. All planting areas shall be kept weed-free by non-herbicide methods during this time period. Herbicide shall not be applied to any areas that are or have been seeded. Contractor must apply the material in conformance with the written recommendations of the State appropriately licensed individual.
3.4 BASIC REQUIREMENTS: All planting areas shall be kept weed-free at all times during the maintenance period. All pest and disease control shall be the Contractor’s responsibility. All planting areas shall be kept at optimum moisture for plant growth.
Settlement of soil and plants and soil erosion shall be repaired and areas replanted as required. Dying or deficient plants shall be replaced as soon as they become apparent.
3.5 CITY’S RESPONSIBILITY: Work installed under this contract that is damaged or stolen prior to the end of the maintenance period shall be repaired or replaced by the Contractor without cost to the City. After Substantial Completion and the maintenance period, these damages and similar factors such as extensive litter, abuse and defacement shall be the City’s responsibility to repair or replace and shall not be a part of this contract. No planting shall be guaranteed beyond the maintenance period, except as to conformance to specified species and variety, and except as to conditions specified under "Root Systems" of Landscape Planting, Section 02934.
3.6 SUBSTANTIAL COMPLETION: Shall be deemed as the time all major plantings, including groundcover, are installed, and when all other work is satisfactorily completed (with the exception of minor items to be completed as noted upon a checklist compiled by the City’s Representative). Maintenance period shall not commence until work is deemed substantially complete by the City’s Representative.
3.7 FINAL REVIEW: Contractor shall request a final review of the project at least five days in advance of the proposed date. Failure to request this notice shall automatically extend the date of completion. The maintenance period will continue until project is deemed complete.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Lump Sum Price for bid item Plant Establishment And Maintenance Period (90 Days) and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in these bid items complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 02935
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SECTION 03300 SITE CONCRETE
PART 1 - GENERAL (See also General Requirements)
1.1 SCOPE
A. Furnish and install all concrete as shown and specified. This work includes, but is not necessarily limited to concrete pavement, integral concrete curbs, curbs, raised lips, curbs and gutter, walls, roughening and cleaning concrete pavement, footings, waterproofing, forms, reinforcing, and miscellaneous items.
B. Related work specified elsewhere:
1. Earthwork and Grading - Section 02310
2. Site Drainage - Section 02630
1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of:
1. City Standards for Public Improvements.
2. Standard Specifications
3. Applicable ASTM Specifications as they reasonably apply to this work, except for measurement and payment requirements.
4. American Concrete Institute (ACI), current standards.
1.3 TOLERANCES
A. Tolerances for subgrade, subbase and finished grade shall be as specified by Standard Specifications except that Contractor shall deliver the full aggregate base and concrete thickness shown. No combination of high and low tolerances that compromise the section will be permitted.
B. Concrete Final Finishes: The Contractor shall demonstrate to the satisfaction of the City and the Owner’s Representative that he, or his subcontractor, possesses sufficient skills and experience to perform the work. Photographs and/or site visits of past work may be required to supply this information. A 4’x4’ sample of the concrete pavement with all finishes shown in the drawings shall be poured and finished at the site for Owner’s Representative’s and City’s review prior to commencing concrete pouring. Once the samples have been reviewed, the Contractor shall meet or exceed that quality of finish in all subsequent work.
Contractor shall be responsible for removal of the samples at the completion of the work.
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C. Color Samples: A 4’x4’ sample of the concrete pavement with all finishes shown in the drawings is required for review by the Owner’s Representative and the City.
D. Submittals: The following shall be submitted by the Contractor to the Engineer in accordance with the applicable portions of the referenced specifications:
1. The proposed mix design, giving the brand of cement, type, gradations and source of aggregates, water/cement ratio, mix proportions, and unit weight.
2. Manufacturer’s literature for admixtures, embedded items, liquid membrane-form curing compound and non-shrink grout.
3. Certification that materials are in compliance with specification requirements.
4. Method of transporting and placing concrete.
1.4 JOB CONDITIONS
A. Weather Limitations:
a. Cold Weather: Construct concrete surface course only when atmospheric temperature is above 40 degrees F., when the underlying base is dry, and when weather is not rainy.
b. Hot Weather: When the mean daily temperature of the atmosphere is 80 degrees F and above, or during hot and dry weather, do not place the concrete with a placing temperature which causes difficulty from loss of slump, flash set or cold joints 75 degrees F where possible and not more than 90 degrees F in any event. Where climatic conditions cause too rapid drying, make arrangements prior to placing concrete for installation of wind breaks, shading, fog spraying, water sprinkling, ponding or wet covering of a light color. Take such protective measures as quickly as concrete hardening and finishing operation allow, and maintain throughout the entire curing period.
B. Grade Control: Establish and maintain the required lines and grades, including cross-slope during construction operations. All concrete shall slope to drain with no ponding of water.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Forms and Reinforcing: Per Standard Specifications.
B. Concrete: All sidewalks, concrete pavement, integral concrete curbs, curbs, raised lips, curbs and gutter, walls and footings shall conform to Section 201 Concrete, Mortar and Related Materials and Section 303 Concrete and Masonry Construction of the Standard Specifications.
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1. Cement: Type II modified conforming to ASTM-C-150-02a.
2. Aggregate: Shall not be less than 3/8” or more than 1 inch in size.
3. Compression strength at 28 days to be a minimum 4,000 p.s.i. for concrete structures and footings, and a minimum 3,000 p.s.i. for all other site concrete.
C. Expansion Joint Filler: Ceramar Flexible Closed Cell Foam Expansion Joint; (1/4- inch x four (4) inch – six (6) inch by W.R. Meadows, Inc., or approved equal, (800) 342-5976.
D. Expansion Joint Sealant: Two-part, Type 1 sealant, gun-grade, polyurethane with a Shore ‘A’ hardness of not less than 40 after 72-hours with seeded silica sand. “Dynatred” by Pecora Corporation, (800) 233-9754; “Traffic-Caulk” by L.M.
Scofield Company, (800) 800-9900, or approval equal. Sealant colors to match adjacent concrete finishes.
E. Cleaning Agents: As required.
F. Aggregate Base: Meeting the requirements of Section 200-2.2 Crushed Aggregate of the Standard Specifications.
PART 3 - EXECUTION
3.1 PREPARATION
A. Clear area to be paved of all debris and organic material. Recompact and regrade as necessary prior to placement of concrete. Verify that the subgrade and/or aggregate base is properly compacted and at suitable grade.
B. Before beginning paving work and during construction, take all steps necessary for protection of existing improvements. As the concrete is being placed, extreme care shall be taken not to discolor or damage any improvements. If damage occurs, repair same, and if satisfactory repair cannot be made, remove and replace the section as directed.
C. Formwork and Reinforcement:
1. Assure that excavations and formwork are completed.
2. Check that reinforcement is secured in place.
3. Verify that expansion joint material, anchors, and other embedded items are secured in position.
3.2 INSTALLATION
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A. Finishes
1. Light Sandblast: Provide a uniformly textured light sandblast finish to expose the sand particles in the mix. Sample finish shall be reviewed prior to pouring the concrete.
2. Top cast: Provide a uniformly textured top cast finish to expose the sand particles in the mix. Sample finish shall be reviewed prior to pouring the concrete.
3. Broom Finish: Provide a light broom finish with strokes perpendicular to direction of travel along walks.
4. Trowel Finish: Smooth, parallel to longest surface direction.
B. Waterproofing: Apply to wall as shown on drawing per manufacturer’s instructions.
3.3 CLEAN UP: Upon completion of the work under this section, remove immediately all surplus materials, rubbish, and equipment associated with or used in the performance of this work.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be paid for at the Contract Unit Price, unit as shown in the Bid Schedule, or Lump Sum price for bid items, for bid items Concrete Pavement – Natural Gray (4” Depth); Concrete Pavement – Natural Gray (6” Depth); Concrete Curb for Fencing; Concrete Curb Item P-6; Raised Concrete Lip (6” Width) and Cleaning and Resurfacing Existing Concrete Matching New Concrete and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in these bid items complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
4.2 Work under this section shall be considered as included in the Contract Unit Price or Lump Sum price for the work that requires concrete footings for bid items Chain-Link Fence; Dugout Chain-Link Fencing; Relocate Chain-Link Fence Gate; Chain-Link Fence Gate; and Reset Post Plumb and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in these bid items complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 03300
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SECTION 09910 PAINTING
PART 1 - GENERAL (See also General Requirements
1.1 SCOPE
A. Furnish and apply all paint, stain, and other finishes as shown and specified.
B. Related work specified elsewhere:
1. Site Concrete – Section 03300
1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to sections 310 Painting and 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers of the Standard Specifications.
B. The paint manufacturer’s standard specifications will be considered as the minimum standard for the work.
1.3 SUBMITTALS
A. Submit a complete list of all materials proposed for use. The list shall show the specific label name of each product for each coat of finish. After review by the Owner’s Representative and City no deviation from the list will be permitted without further approval.
B. Provide sample finishes on the actual surfaces to be painted to verify appearance.
Approved samples will become the standard for the work.
1.4 DELIVERY, STORAGE & HANDLING
A. Special care shall be taken in the handling of paint materials to prevent spillage and fire. Remove rags, waste, and empty containers from the site at the end of each work day.
PART 2 - PRODUCTS
2.1 MATERIALS
A. General: All materials shall be "first line" or best quality as manufactured by KellyMoore, Pratt & Lambert, Sherwin-Williams, Benjamin Moore, Sinclair, DunnEdwards, Fuller-O’Brien, Olympic, Conrad Sovig, or approved equal. Mention of these manufacturers does not necessarily constitute approval of all of their products.
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Where a product is specified by name, it is intended to establish the quality required for that use.
B. Painting and Finishing Schedule
1. Concrete Wall Paint
Paint State Specification No.
Rapid Dry Water Borne Color to match Montebello Bright
Blue (Pantone 2728C)
PART 3 - EXECUTION
3.1 PREPARATION
A. Take special care to prevent spilling paint materials on surfaces not intended to receive them.
B. Verify that the work to be painted is in suitable condition to receive each coat of paint. Should the Contractor find surfaces and conditions unacceptable, he shall at once report such conditions to the City and cease operations on the portion of the work affected. Application of paint shall occur only upon acceptance of surface and working conditions, and the Contractor shall be held responsible for the results.
Clean all surfaces before painting.
C. All work shall be scraped, sandpapered, sandblasted, rubbed, or otherwise brought to a smooth surface before finish is applied. Fill all minor cracks and depressions, backfill and trim between edges of trim, and finish to a clean-cut edge.
D. All metal, excepting prefinished items and unless primed under other sections, shall be degreased with approved metal cleaner which will not affect the galvanized coat where it occurs.
E. Pavement and concrete surfaces to receive paint shall be in condition to insure complete bonding of the applied material, and shall be subject to inspection and approval before such work commences.
3.2 APPLICATION
A. Apply all finishes in strict accordance with manufacturer’s recommendations. There shall be no perceptible difference in the shades of each successive coat of paint. No coat of paint shall be applied before a previous coat is thoroughly dry.
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B. Paint shall be applied on dry surfaces only, and worked thoroughly into all joints, crevices, and open spaces.
C. Painting shall be done at such times as approved, but no painting shall be done during wet weather, or when any surface is damp or moist.
D. Painting shall be done in a neat, workmanlike manner by skilled mechanics, and shall be uniform in appearance, smooth, free from runs, sags, defective brushing and clogging of the lines and angles.
E. Edges of paint adjoining other materials or other colors shall be sharp and clean without overlapping. After application, paint shall not run or sag and shall dry to the touch within 18 hours.
F. Wherever complete and satisfactory coverage is not obtained, the Contractor shall apply additional coats at no expense to the City.
G. Painter shall repair any scratches, chips, etc. that occur during construction.
H. All hardware shall be pre-painted on both sides prior to use.
I. Paint on the existing backstop wall may be applied by spray in strict accordance with printed instructions by the manufacturer. Paint shall be applied at a wet film thickness of 15 mils, and shall hide solidly at that rate of spread. A second coat of paint shall be applied to cover all surfaces of the first coat of paint.
3.3 CLEANING
A. Take special care to keep surrounding surfaces clean as the work progresses, and upon completion carefully remove all paint from surfaces not intended to receive it.
Use no materials or methods that will damage surfaces.
PART 4 - MEASUREMENT AND PAYMENT
4.1 All work under this section shall be considered as included in the Lump Sum Price for bid item Concrete Wall Repaint and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting complete in place as shown on the plans, specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION 09910
APPENDIX “A”
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
CONTRACTOR REGISTRATION NUMBER FORM
Department of Industrial Relations (DIR) Contractor
Registration Number
Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Per this requirement, provide the following information:
___________________________________________________________________ Contractor Name
Contractor Department of Industrial Relations Registration Number:
Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
ITEM # 23
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director
SUBJECT: ADOPT RESOLUTION NO 24-54 MODIFYING THE PREFERRED PARKING LIMITS ON 4TH STREET BETWEEN THE ALLEY AND
SOUTH OF WASHINGTON BLVD FOR UNRESTRICTED STREET
PARKING AS PREVIOUSLY ADOPTED VIA RESOLUTION NO. 18-06
DATE: July 24, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 24-54 modifying the preferred parking limits on 4th Street between the alley and south of Washington Boulevard for unrestricted street parking as previously adopted via Resolution No. 18-06; and
2. Authorize staff to relocate the “No Parking” restriction permits exempt signs; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this resolution.
BACKGROUND/DISCUSSION:
At the July 5, 2017 Traffic and Safety Commission meeting, the commissioners considered a parking restriction petition by residents of 4th Street between Washington Boulevard and Frankel Avenue. Residents stated that on-street parking in front of their properties was utilized by nearby residential areas and businesses. After considering the public testimony, the Commission concluded that the parking issues could be resolved through the designation of a parking district. The Commission voted unanimously to recommend that the City Council establish a preferential parking district on 4th Street
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
between Washington Boulevard to Frankel Avenue. At the January 10, 2018 City Council meeting, the City Council adopted Resolution No. 18-06 designating a preferential parking district on this segment of 4th Street. Staff posted “No Parking” signs that state no parking from 4 P.M. to 6 A.M. Mon – Fri, 6 A.M. to 12 A.M. Sat – Sun, Permits Exempted. The preferential parking district was established through Montebello Municipal Code (“MMC”) Sections 10.36.030 and 10.36.020(B).
The Community Development Department received a request from Chago restaurant, located on the southeast corner of Washington Boulevard and 4th Street for assistance with offsite parking. This location depends heavily on available short-term parking for their customers. Public Works Department staff reviewed the request and determined that modifying the parking restriction on a small segment of 4th Street to provide shortterm parking was a viable option that would not impact the residents on 4th Street.
At the June 24, 2024 Traffic and Safety Commission meeting, the Commissioners approved the request to change the time-limit parking restrictions on both sides of 4th Street between the alley and south of Washington Boulevard. Modifications include changing the time restriction on the Preferential Parking District signs to “No Parking 7 P.M. to 6 A.M. Mon – Fri, 7 P.M. to 10 A.M. Sat – Sun, Permits Exempted” and “2-hr. parking from 10 A.M. to 7 P.M. Daily” on 4th Street from Washington Boulevard to approximately 110-foot south of Washington Boulevard.
Staff seeks City Council approval to adopt the resolution modifying the segment of 4th Street.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Upon City Council approval of Resolution No. 24-54, Staff will proceed with placing Preferential Parking District signs “No Parking 7 P.M. to 6 A.M. Mon – Fri, 7 P.M. to 10 A.M. Sat – Sun, Permits Exempted” and “2-hr. parking from 10 A.M. to 7 P.M. Daily” on 4th Street from Washington Boulevard to approximately 110-foot south of Washington Boulevard.
ATTACHMENT(S)
1. Attachment A - Resolution No. 24-54
2. Attachment B - Resolution No. 18-06
ATTACHMENT A
RESOLUTION NO. 24-54
RESOLUTION OF THE CITY OF MONTEBELLO MODIFYING THE
PREFERRED PARKING LIMITS ON 4TH STREET BETWEEN THE
ALLEY AND SOUTH OF WASHINGTON BOULEVARD FOR
UNRESTRICTED STREET PARKING AS PREVIOUSLY ADOPTED
VIA RESOLUTION NO. 18-06 WHICH ESTABLISHED THE
PREFERRED PARKING DISTRICT ON 4TH STREET BETWEEN
WASHINGTON BOULEVARD AND FRANKEL AVENUE
WHEREAS, Montebello Municipal Code (“MMC”), Chapter 10.36, “Preferential Parking Districts,” authorizes and sets procedures for establishing preferential parking district in the City of Montebello (“City”) to address location experiencing insufficient or impaired on-street parking; and
WHEREAS, upon receipt of a qualifying petition requesting the designation of a preferential parking district, the Traffic and Safety Commission (“Commission”) must hold a public meeting for the purpose of receiving public comments on the district (MMC
10.36.030(B)); and
WHEREAS, at the conclusion of the public meeting, the Commission must provide a written recommendation to the City Council, based on the record of such public meeting or meetings and the surveys and studies performed, whether to designate the area consideration as a preferential parking district (MMC 10.36.030(D)); and WHEREAS, upon recommendation of the Commission, the City Council must consider the request and may, at its discretion, designate by resolution a certain area as a preferential parking district and authorize the Commission to establish parking restrictions for the district (MMC 10.36.010); and
WHEREAS, Montebello Municipal Code section 10.36.020(B) sets forth factors which the Commission and City Council must consider in determining whether to designate a particular area as a preferential parking district; and WHEREAS, On July 5, 2017, the Commission held a public meeting to consider a qualifying petition signed by residents seeking the establishment of a preferential parking district along 4th Street from Washington Boulevard to Frankel Avenue, and specifically the area spanning the 1000 block of 4th Street, in the City of Montebello; and WHEREAS, at the public meeting, residents indicated that on-street parking in front of their private residences has been monopolized by vehicles associated with nearby residences and apartments; and
WHEREAS, after considering the public testimony, the Commission voted unanimously to recommend to the City Council that a preferential parking district be
RESOLUTION NO. 24-54
established along the west side and eastside of 4th Street from Washington Boulevard to Frankel Avenue (“Recommended District”); and
WHEREAS, the City’s Community Development Department received a request from a commercial restaurant located on the southeast corner of Washington Boulevard and 4th Street for assistance with offsite parking; and WHEREAS, staff reviewed the request and determined that modifying the parking restriction on a small segment of 4th Street to provide short-term parking was a viable option that would not impact the residents on 4th Street; and WHEREAS, at the June 24, 2024, Traffic and Safety Commission meeting, the Commissioners approved the request to change the time-limit parking restrictions on 4th Street between the alley and south of Washington Boulevard; and WHEREAS, the City Council may, in its discretion, adopt the Commission’s recommendation and modify the designated preferential parking district as previously adopted via Resolution No. 18-06 to allow unrestricted street parking on both sides of 4th Street between the alley and south of Washington Boulevard.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Montebello as follows:
SECTION 1. The City Council, after consideration of staff presentation, reports, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporated them herein.
SECTION 2. The City Council finds and declares that parking conditions existing along 4th Street from the alley to south of Washington Boulevard, satisfy the criteria for unrestricted street parking and leave the designation of the segment of 4th Street between the alley and Frankel Avenue as a preferential parking district, as such criteria is set forth in Montebello Municipal Code 10.36020(B).
SECTION 3. The Traffic and Safety Commission is hereby authorized to modify existing parking restrictions at the District to accommodate the request from a commercial restaurant on the segment of 4th Street for short-term parking.
SECTION 4. The Director of Public Works shall cause appropriate signs to be relocated in the District to accommodate the short-term parking on the designated segment of 4th Street and as required by Montebello Municipal Code section 10.36.040.
SECTION 5. The City Clerk shall certify to the passage of this resolution which shall become effective upon adoption.
RESOLUTION NO. 24-54
APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.
Scarlet Peralta, 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. 24-54 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 24th day of July 2024 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
RESOLUTION #
18- 06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, DESIGNATING A PREFERENTIAL
PARKING DISTRICT ALONG 4T" STREET FROM WASHINGTON
BOULEVARD TO FRANKEL AVENUE
WHEREAS, Montebello Municipal Code (" MMC"), Chapter 10. 36, " Preferential Parking Districts," authorizes and sets for the procedures for establishing preferential parking district in the City of Montebello to address location experiencing insufficient or impaired on -street parking;
WHEREAS, upon receipt of a qualifying petition requesting the designation of a preferential parking district, the Traffic and Safety Commission (" Commission") must hold a public meeting for the purpose of receiving public comments on the district ( MMC
10. 36. 030( B));
WHEREAS, at the conclusion of the public meeting, the Commission must provide a written recommendation to the City Council, based on the record of such public meeting or meetings and the surveys and studies performed, whether to designate the area consideration as a preferential parking district ( MMC 10. 36. 030( D)); WHEREAS, upon recommendation of the Commission, the City Council must consider the request and may, at its discretion, designate by resolution a certain area as a preferential parking district and authorize the Commission to establish parking restrictions for the district (MMC 10.36.010);
WHEREAS, Montebello Municipal Code section 10. 36.020(B) sets forth factors which the Commission and City Council must consider in determining whether to designate a particular area as a preferential parking district; WHEREAS, On July 5, 2017 the Commission held a public meeting to consider a qualifying petition signed by residents seeking the establishment of a preferential parking district along 4th Street from Washington Boulevard to Frankel Avenue, and specifically the area spanning the 1000 block of 4th Street, in the City of Montebello.
WHEREAS, at the public meeting, residents indicated that on -street parking in front of their private residences has been monopolized by vehicles associated with nearby residences and apartments;
WHEREAS, after considering the public testimony, the Commission voted unanimously to recommend to the City Council that a preferential parking district be established along the west side and east side of 0' Street from Washington Boulevard to Frankel Avenue (" Recommended District"); and
WHEREAS, the City Council may, in its discretion, adopt the Commission' s recommendation and designated the Recommended District as a preferential parking district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO, AS FOLLOWS:
SECTION 1. The City Council, after consideration of staff presentation, reports, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporated them herein.
ATTACHMENT B
SECTION 2. The City Council finds and declares that parking conditions existing along 4th Street from Washington Boulevard to Frankel Avenue, satisfy the criteria for designating such area as a preferential parking district, as such criteria is set forth in Montebello Municipal Code 10. 36020( B). Residents' testimony established that legal on -street parking availability has been monopolized by vehicles associated with nearby residences, apartments and businesses that residents on 4th Street are being impacted and cannot find on -street parking in front of their homes. The establishment of a preferential parking district will improve parking and traffic conditions along the affected portion of 4th Street and the immediately surrounding areas by ensuring nearby residents have access to adequate legal on -street parking in the proximity of their residence.
SECTION 3. The City Council hereby declares 4th Street from Washington Boulevard to Frankel Avenue to be a preferential parking district ( the " District") pursuant to Montebello Municipal Code section 10. 36 et seq.
SECTION 4. The Traffic and Safety Commission is hereby authorized to establish parking restrictions for the District.
SECTION 5. The Director of Public Works shall cause appropriate signs to be erected in the District as required by Montebello Municipal Code section 10. 36. 040.
SECTION 6. The City Clerk shall certify to the passage of this resolution which shall become effective upon adoption.
10th day of nuary, 20 8.
Va a De do, M or
A _Iz____
rn Id Alva rez- Olagman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF MONTEBELLO )
I, Irma Barajas, City Clerk of the City of Montebello, do hereby certify that the foregoing City Council Resolution No. was duly and regularly approved and adopted by the City Council of the City of Montebello at their meeting held on the 10th day of January, 2018, as approved by law by the following vote:
AYES: Barajas, Hadjinian, Romero, Molinari, Delgado
NOES: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on 2- `- the ( day of < 71C( 12018.
IRMA BARAJAS, City Clerk
i
1 1
ITEM # 24
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4214 TO FLOSERVICES, INC. TO PROVIDE STORM AND SEWER LIFT STATION
MAINTENANCE SERVICES
DATE: July 24, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4214 to Flo-Services, Inc. to provide Storm and Sewer Lift Station Services and Related Equipment for a three (3) year term with the option of two (2) one-year extensions for a not-to-exceed amount of $132,276 for the initial three (3) year term; and,
2. Authorize the City Manager to execute the Agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City released Request for Proposal (RFP) No. 24-17 Storm and Sewer Lift Station Maintenance Services and Related Equipment on May 9, 2024. The City received two proposals from Flo-Services, Inc. and Power Bros. Machine. Staff reviewed the two proposals and rated them based on their respective qualifications. Based on the documents submitted and overall cost, Staff recommends awarding the professional services agreement to Flo-Services to provide storm and sewer lift station maintenance services and related equipment for a three (3) year term. The following is a tabulation of the fiscal impact for each of the three years:
1. Year 1 $43,848
2. Year 2 $43,484
3. Year 3 $44,944
TOTAL: $132,276
The Fiscal Year 2024-25 budget was developed to include funding for these services, with expenses divided between the General Fund (Public Works Stormwater and Sewer
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
Operations divisions) and the Grant Fund (Natasha Lane Sewer assessment district). Therefore, no budget amendment is needed as part of the recommended actions.
BACKGROUND/DISCUSSION:
The City of Montebello relies on a network of two storm and four sewer lift stations to manage its wastewater and stormwater effectively. These six stations are crucial for maintaining sanitation services throughout the city. It is essential to ensure that these lift stations are properly maintained to avoid breakdowns and service disruptions. Regular upkeep is necessary to prevent costly repairs and extend the lifespan of these critical facilities.
Flo-Services will customize a specific station service report for each lift station to adequately provide preventative maintenance. Preventative maintenance and repair services include greasing and running motors, testing of the sump pumps, running amperes, lubrication of bearings, inspection of wet-well, running voltage phase to phase, visual inspection for leaks and deficiencies, and other unit services. Routine maintenance of the Storm and Sewer Lift Stations is imperative for efficient movement of wastewater and storm water from lower to higher elevations, where gravity is not sufficient to allow for flow.
All these services must be performed in a timely manner and at regular intervals. They are integral to ensuring that the City's storm and sewer lift stations and equipment are properly maintained to prevent potentially larger repairs and costs in the future. More importantly, they should be kept fully operational and in good working condition to manage wastewater and stormwater.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council approve Professional Services Agreement No. 4214 with Flo-Services, Inc. for storm and sewer lift station maintenance for an initial three (3) year term in the not to exceed amount of $132,276 for the three (3) year period and authorize the City Manager to execute the Agreement.
ATTACHMENT(S)
1. Attachment A - Agr. 4214 - Flo-Services - signed
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4214
WITH FLO-SERVICES INC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 24, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and FLO-SERVICES INC (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified contractor to provide maintenance services to storm and sewer lift stations in the City; and
WHEREAS, the City issued Request for Proposals (RFP) No. 24 – 17 on May 9, 2024; and WHEREAS, the CONTRACTOR submitted a response to the RFP; and WHEREAS, the City evaluated the response and determined that the Contractor will meet the requirements in a satisfactory manner.
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 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:
i. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
ii. RFP 24 - 17
iii. CONTRACTOR’s Proposal referenced
iv. 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 list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provisions of the services in RFP 24 – 17 and CONTRACTOR’s responses, as such is set forth fully in Exhibit “B” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
C. The CONTRACTOR shall be compensated for performance of the Professional
PROFESSIONAL SERVICES AGREEMENT NO. 4214
Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” for a total not to exceed One Hundred Thirty-Two Thousand Six Hundred Forty Dollars and Twenty Cents ($132,640.20) and incorporated fully herein by this reference (“Compensation”). The CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2) additional, one (1) year periods, with mutual agreement from both parties.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONTRACTOR 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. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
f. In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.
PROFESSIONAL SERVICES AGREEMENT NO. 4214
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR 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 CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’S City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’S compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval by 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.
Termination. The CITY shall have the option, at its sole discretion to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the 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 by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “nonrefundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the 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 the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR 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 the CITY shall be employed by the CONTRACTOR or SUBCONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The
PROFESSIONAL SERVICES AGREEMENT NO. 4214
CONTRACTOR 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 CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’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. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONTRACTOR 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 the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subconsultants 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 the CITY, 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 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code and the California Labor Code requirements under Exhibit C. In addition, CONTRACTOR shall maintain an appropriate Contractor’s License issued by the California State Contracting Board. 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 CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
PROFESSIONAL SERVICES AGREEMENT NO. 4214
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the 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 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 deaths of persons, or damage to property arising out of the CONTRACTOR’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 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall 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 connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Written on an occurrence form reasonable acceptable to the City and in common use in the insurance industry for the identified coverage covering CGL on an “occurrence” basis for bodily injury and property damage, including productscompleted operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
Automobile Liability Insurance: Written on an occurrence form reasonable acceptable to the City and in common use in the insurance industry for the identified coverage (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, which are acceptable to the City, and with a current rating of at least A-:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR 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 CONTRACTOR’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
PROFESSIONAL SERVICES AGREEMENT NO. 4214
City of Montebello
Attn: Risk Management
1600 West Beverly Boulevard
Montebello, CA 90640
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, nonrenewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). i. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY.
The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. k. The Commercial General Liability insurance policy provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY as it pertain to the Commercial General Liability, Automobile, and Workers’ Compensation policies. m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or selfinsured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR 'S liability or as full performance of the CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign 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 proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected,
PROFESSIONAL SERVICES AGREEMENT NO. 4214
including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR 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 Section 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.
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.
PROFESSIONAL SERVICES AGREEMENT NO. 4214
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.
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 via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Contractor: Flo-Services
John Krukowski, President
3010 Floyd Street
Burbank, CA 91504
(818)847-2188
Email:[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
PROFESSIONAL SERVICES AGREEMENT NO. 4214
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONTRACTOR 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, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub-consultant 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.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR 's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONTRACTOR agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONTRACTOR. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONTRACTOR. CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONTRACTOR with the governmental agency. This provision in no way guaranteed that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4214
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO FLO-SERVICES, INC.
Raul Alvarez, City Manager John Krukowski, President
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City
Attorney
EXHIBITS:
• Exhibit A – Response to RFP 24-17
• Exhibit B – Schedule of Compensation
• Exhibit C – Terms of Compliance with California Labor Law Requirements • Exhibit D – Live Scan Fingerprinting Requirement
John Krukowski (Jul 17, 2024 16:32 PDT)
John Krukowski
EXHIBIT “C”
Terms for Compliance with California Labor Law Requirements
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes.
Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this Exhibit, above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant, and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions.
Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
Exhibit “D”
LIVE SCAN FINGERPRINTING REQUIREMENT
The CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.
The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT may be required to obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.
FLO-SERVICES AGR 4214
Final Audit Report 2024-07-17
Created: 2024-07-17
By: Jeremy Melendez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAALZm0WCy6ZdlzU-dxcRZ-YjOEGe3Al9_7 "FLO-SERVICES AGR 4214" History
Document created by Jeremy Melendez ([email protected]) 2024-07-17 - 11:17:20 PM GMT
Document emailed to [email protected] for signature 2024-07-17 - 11:18:19 PM GMT
Email viewed by [email protected]
2024-07-17 - 11:31:28 PM GMT
Signer [email protected] entered name at signing as John Krukowski 2024-07-17 - 11:32:41 PM GMT
Document e-signed by John Krukowski ([email protected]) Signature Date: 2024-07-17 - 11:32:43 PM GMT - Time Source: server Agreement completed.
2024-07-17 - 11:32:43 PM GMT
ITEM # 25
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4215 TO MCA
CONSULTANTS TO PROVIDE SOLID WASTE MANAGEMENT
SERVICES
DATE: July 24, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4215 to MCA Consultants to provide solid waste management services for an initial three (3) year term for an annual not-to-exceed amount of $99,695 ($299,085 over the initial three (3) year term); and,
2. Authorize the City Manager to execute the Agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City released Request for Proposals (RFP) No. 24-18 on May 9, 2024 for Solid Waste Management Services. The City received four proposals from MCA Consultants, APTIM, Municipal Waste Solutions, and Raftelis. Staff reviewed the four proposals and rated them based on their respective qualifications. Based on the documents submitted and overall cost, staff recommends awarding the professional services agreement to MCA Consultants to provide solid waste management consulting services for three (3) years with the option of two (2) one-year extensions for an annual not-to-exceed amount of $99,695 ($299,085 over the initial three (3) year term).
The Fiscal Year 2024-25 budget was developed with funding appropriated for solid waste management consultant services (Account No. 100-30-730-6040.95, General Fund, Public Works, AB939, Other Professional Services). Therefore, no budget amendment
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
is needed as part of the recommended actions to award Agreement No. 4215. Subsequent fiscal year budgets will be developed to include funding for these services.
BACKGROUND/DISCUSSION:
The purpose of this agreement is to provide solid waste management services. Solid waste management services are a very important function of the City’s compliance with Ordinance No. 2445, Resolution No. 20-97, Assembly Bill 341, Assembly Bill 1826, and Senate Bill 1383 guidelines and objectives. A formal RFP is required to solicit responses for this specific service. The RFP focused on quality and consistency of services by requiring a minimum level of staffing, requiring a minimum level of management, and requiring a minimum cost for management services to help contractors bid the job more accurately. A formal RFP (Attachment A) was published to solicit proposals from qualified vendors to provide the necessary services.
MCA Consultants has served the City of Montebello for more than twenty years. MCA Consultants developed the “Go Green” Program, incorporating a sustainable business program that allows Montebello businesses to display their commitment to helping the City "Go Green." The Program was designed to comply with AB341, AB1826, SB1383, and other legislative enactments and state requirements. They assisted the City in overseeing 12,128 residential refuse accounts. Of these accounts, 9,596 are singlefamily accounts, 2,464 are multifamily accounts (2-4 units), and 68 are other residential accounts. Based on the Commercial Haulers’ Reports, the City also accounts for approximately 944 current commercial refuse accounts.
MCA Consultants specializes in the development of solid waste and recycling programs, assisting local governments achieve diversion levels in excess of 75%, and has also been responsible for the enhanced development of the City’s non-exclusive franchise system.
MCA Consultant services include not only the total comprehensive design of solid waste, recycling, and utility-based programs, but also the ability to provide long-term management and monitoring specifically designed to achieve total compliance with local and State requirements.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council approve Professional Services Agreement No. 4215 with MCA Consultants for an initial three (3) year term for an annual not-to-exceed amount of $99,695 ($299,085 over the initial three (3) year term)and authorize the City
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
Manager to execute the Agreement.
ATTACHMENT(S)
1. Attachment A - RFP 24-18 - Solid Waste Management Services
2. Attachment B - MCA Consultants Agreement No. 4215
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24-18
SOLID WASTE MANAGEMENT SERVICES
Release Date: Thursday, May 9, 2024
Due Date: Monday, June 10, 2024, at 11 a.m.
ATTACHMENT A
2 (THIS PAGE INTENTIONALLY LEFT BLANK)
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. 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.
DATE OF SOLICITATION
May 9, 2024
PROJECT
Solid Waste Management Services – Oversight of City programs
PROPOSAL OWNER/CONTACT
City of Montebello
Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1200 ext. 1462
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, May 22, 2024, at 11 a.m. Prospective consultants 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
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 7
4.0 Purpose 7
5.0 Scope of Work 7
6.0 Proposal Submittal 8
7.0 Evaluation of Proposal 9
8.0 Proposal Protests 10
9.0 Execution of Agreement 11
10.0 Insurance 12
11.0 Use of Federal Funds 14
12.0 Non-Commitment of City 15
13.0 Labor Requirements 15
14.0 Records 15
15.0 Subconsultants 15
16.0 Modifications/Changes 16
17.0 Disclosure of Information 16
18.0 Ex-Parte Communications 16
19.0 City of Montebello Rights 16
Appendix A – Proposal Content and Format
Appendix B – References
Appendix C – Sample Professional Services Agreement
5 1.0 Notice Inviting Proposals
The City of Montebello (“City”) seeks proposals from qualified consultant(s) that is/are deemed most qualified with demonstrated experience in the oversight and management of the City’s Solid Waste Management Services program. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 24-18. 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 consultants must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, May 22, 2024, at 11 a.m. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Monday, June 10, 2024, at 11 a.m.
Responses to this RFP will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
6 2.0Introduction
Solid waste hauling in our City is divided into two categories: 1) Residential which includes dwellings of 3 or less units, and 2) Commercial, Businesses and Residential dwellings of 4 units or more. Our City has an exclusive franchise with Athens Disposal for hauling our residential sector. The Commercial portion is handled by the 12 remaining non-exclusive franchisees currently operating in the City.
The City is currently operating a total of 12,128 Residential Accounts. Of these accounts, 9,596 are single-family accounts, 2,464 are multi-family accounts (2-4 units), and 68 are other residential accounts. Based on the Commercial Haulers’ SRRP Reports, the city also counts with approximately 944 Current Commercial Accounts.
The State of California enacted the California Integrated Waste Management Act of 1989 Assembly Bill 939 (AB939), which stipulated that by the year 2000, 50% of all solid waste be diverted. The law addresses the commercial and industrial sector, as well as the residential sector wastes commonly associated with jurisdictional control. AB939 makes the local agency responsible for the entire waste stream generated within its boundaries.
The City would like all of our Solid Waste Haulers to integrate into the City’s overall diversion programs, including compliance with AB341, AB1826, SB1383, Ordinance 2445 which established Chapter 8.13 of the Montebello Municipal Code relating to Organic Waste Disposal Reduction, requirements set forth in Resolution 20-97 establishing a diversion rate of 75% by December 31, 2021 which was extended administratively to December 31, 2023, and all other applicable state and City requirements.
The criteria for selection of a Solid Waste Management Consultant included experience, qualifications, and understanding of the scope of work in addition to price. We would also require costs breakout in the following categories:
a) Annual Report
b) Waste Reduction and Recycling Program Implementation c) Residential Franchise Agreement Implementation Assistance d) Commercial Hauler Technical Assistance
e) Hauler Audits
f) Evaluation of Commercial Solid Waste Hauler Program
g) CA Beverage Container Recycling Program Administration h) Used Oil Payment Program Administration
i) Additional Tasks
7 Item I identified "Additional Tasks". These other services are available at the City's discretion which can include grant research, diversion studies, workshops and other recycling programs, to name a few.
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 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, May 9, 2024
• Online Q&A Deadline Wednesday, May 22, 2024, at 11 a.m. • Deadline to Submit Responses Monday, June 10 2024, at 11 a.m. • City Review of Submissions Mid/Late June 2024
• Notifications Sent to Consultants June 2024
• Award July 2024
4.0 Purpose
The City seeks proposals from highly qualified consultant(s) that is/are deemed most qualified with demonstrated experience in Solid Waste Management Services.
The City is seeking to establish an agreement with the Consultant. The length of the agreement will be for a five-year term.
5.0Scope of Work/Services
The City will utilize the services of a Solid Waste Management firm to successfully administer Montebello's Solid Waste Program and assist the AB341, AB1826, SB1383, Ordinance 2445 compliance. The proposed services should be estimated on an annual basis, July through June, and will commence upon execution of the contract.
The proposal shall identify each task to be included as part of the scope. At a minimum, these tasks shall include:
A. Annual Report
8 1. Prepare and submit the Annual Report including all forms, supporting documentation, and other pertinent information as required by the CalRecycle. If necessary, will include calculations and supporting data developed for an alternative diversion rate calculation. Prepare a draft report for City review at least one month prior to submission date.
2. Research and respond to follow-up questions from CalRecycle.
B. Waste Reduction and Recycling Program Implementation
1. Coordinate with staff to plan an annual local Business Awards Program in coordination with the Montebello Chamber of Commerce. Includes identifying businesses, preparation of write- ups on the businesses and production of a media press release.
2. Coordinate and plan 2 backyard-composting workshops. Workshops should include coordination with the County program for appropriate materials and curriculum, coordinating with City staff regarding location, date, and production of a flier for citywide distribution.
3. Assist with the development of an educational program in conjunction with the Montebello Unified School District, other area schools, and the Department of Parks and Recreation.
C. Residential Franchise Agreement Implementation Assistance
1. Assist City staff on an as-needed basis with the implementation of a new Residential Franchise Agreement.
D. Commercial Hauler Technical Assistance
Administer the commercial franchise program to include:
1. Technical Assistance to Haulers i.e., guidance with recycling program implementation, assistance with quarterly reports and annual renewal forms, and overall compliance with programs.
2. Review of quarterly reports and annual renewal forms.
3. Monitoring haulers for program compliance.
4. Staffing of hauler assistance hotline.
5. Preparation/management of correspondence to/from haulers.
9 6. Annually conduct one Commercial Hauler Assistance Workshop
7. Monitor Hauler Audit Correction Program. May include route disposal reporting audits, assistance with development of methodology, etc.
E. Hauler Audits
1. Conduct four (4) desk audits each quarter. Haulers will be selected randomly using the formats and protocols developed during the previous fiscal year.
2. Conduct an in-house audit for two (2) quarters and a desk audit for the remaining two (2) quarters of the haulers who had audit ratings of "unsatisfactory outcome: corrections required".
3. Prepare and submit audit results in written form to the City and the haulers.
Audit reports should include recommendations for any necessary changes in methodology and/or record keeping for each hauler.
4. Conduct in-house hauler audits as necessary for situations such as license revocation, incorrect reporting, etc. and prepare a report of the findings.
F. Evaluation of Commercial Solid Waste Hauler Program
1. Conduct an annual evaluation of the Commercial Solid Waste Hauler Program due March 1 of every year.
2. Annually prepare and submit a report to City staff that summarizes the status of the Commercial Haulers. The report should include Hauler Audits information, a 12-month evaluation and proposed recommendations for each of the existing Commercial Haulers.
G. Additional Tasks
1. Consultant may identify additional tasks for consideration within this section.
GENERAL ADMINISTRATIVE INFORMATION AND REQUIREMENTS
A. Working Papers:
All data and working papers used for the RFP will remain the domain of the City upon completion of the project.
10 B. Project Staff
The successful proposer agrees not to change the assigned project staff without written consent of the City of Montebello.
C. Project Manager
Cesar Roldan, Director of Public Works, will be the designated project manager.
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. Consultants planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
7.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method, which will include the following steps:
1. Proposal Review: After the submission deadline, consultant(s) will be evaluated, and the best-qualified consultant(s) will be invited to participate in an interview.
2. Selection Criteria: The City will select an consultant(s) 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 consultant(s) that is/are deemed most qualified with demonstrated experience in Solid Waste Management Services 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 consultant(s) will provide information on knowledge of preparing and implementing such Solid Waste Management Services.
11 c. Qualifications: Qualifications of key personnel, including principal(s), project manager(s), and other individuals pertinent to the project’s success. d. Performance: The consultant(s) must demonstrate the ability to produce a timely and high-quality product.
e. Insurance Requirements: Proposals should include a statement demonstrating Consultant's ability to meet the City's insurance requirements as outlined in the City's draft Professional Services Agreement (See Appendix C)
Proposals will be evaluated based on the following qualitative and quantitative factors with the weighted values:
Categories Weighted Points
Project Management Plan 30
Proposed Project Team 10
Qualifications and Experience 15
Technical Approach 25
Proposed Price 20
TOTAL 100
3. Interviews (Optional): If needed, selected consultants may be invited for an interview. City staff will confirm dates/times via e-mail or formal communication/letter.
4. Approval and Execution: Upon identification of a consultant(s), a professional services agreement in substantially the same form as Appendix C – Sample Professional Services Agreement will be presented to the City Council for consideration and execution by the City Manager or designee.
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 opening. The most common types of protest that might be filed before a proposal opening 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
12 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 factual and legal reason(s) 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, subconsultants, 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:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed 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
13 filed protest. The Director of Finance will respond and 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 decide on 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 (Appendix C) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has provided written notice that the Consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
10.0 Insurance
The Consultant 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 consultants, 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 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
14 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 $2,000,000 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
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
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 auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled 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).
15 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 selfinsurance, 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.
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-bycase 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 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and
16 Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
12.0 Non-Commitment of City
While the City intends to select a Consultant 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.
13.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant 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 Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Consultant 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
17 acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
14.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.
15.0 Subconsultants
The Consultant 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. All subconsultants used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subconsultants must provide insurance indemnifying the City with limits at or exceeding the limits of the Consultant's insurance.
16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.
17.0 Disclosure of Information
A. The Consultant 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 limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or 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 Consultant shall be used exclusively in connection with the performance of services.
B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
18.0 Ex-Parte Communications
Consultants and their representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement includes any evaluation panel member except for
18 designated RFP facilitators. This requirement remains in effect until after award notifications have been made.
This restriction does not prohibit consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.
19.0 City of Montebello Rights
At 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 Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant 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 law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – References
Appendix C – Sample Professional Services Agreement
Attachment B
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4215
WITH MCA CONSULTANTS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 24, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and MCA CONSULTANTS (the “CONSULTANT”).
The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified consultant to provide oversight of City programs relating to Solid Waste Management Services; and WHEREAS, the City issued Request for Proposals (RFP) No. 24 – 18 on May 9, 2024; and
WHEREAS, the CONSULTANT submitted a response to the RFP; and WHEREAS, the City evaluated the responses and determined that the CONSULTANT will meet the requirements in a satisfactory manner.
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 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 and its Exhibits, including any and all addenda or supplemental agreements.
b. RFP 24 - 18
c. CONSULTANT’s Proposal
d. 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 list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provisions of the services in RFP 24 – 18 and CONSULTANT’s responses, as such is set forth fully in Exhibit “B” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
PROFESSIONAL SERVICES AGREEMENT NO. 4215
B. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2), one (1) year periods, with mutual written agreement from both parties.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The 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. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to t h e CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, 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 disclosure pursuant to the attorney-client privilege or any other law.
Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. b. All data, documents, discussion, or other information developed or received by the
PROFESSIONAL SERVICES AGREEMENT NO. 4215
CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the 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 CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’S City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’S compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval by 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.
Termination:. The CITY shall have the option, at its sole discretion to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT.
Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT 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 by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred 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 the CONSULTANT provides the CITY with adequate proof that the CONSULTANT 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 the CONSULTANT for its performance of services under this Agreement. The 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 the CITY shall be employed by the CONSULTANT or SUBCONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4215
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The 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, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the 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. The CITY shall not deduct from the Compensation paid to t h e 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 the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.
Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, t he CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the 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 the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants 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 the CITY, 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
PROFESSIONAL SERVICES AGREEMENT NO. 4215
employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The 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. 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 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the 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 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 deaths of persons, or damage to property arising out of the 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 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall 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 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): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Automobile Liability Insurance: 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 $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 Employer’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 and $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted
PROFESSIONAL SERVICES AGREEMENT NO. 4215
in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT 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.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Management
1600 West Beverly Boulevard
Montebello, CA 90640
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The 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.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The 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.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers,
PROFESSIONAL SERVICES AGREEMENT NO. 4215
employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign 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 proposed 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 the CITY and shall not release the 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-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the 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 Section 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
PROFESSIONAL SERVICES AGREEMENT NO. 4215
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.
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.
SECTION 22. NOTICE.
PROFESSIONAL SERVICES AGREEMENT NO. 4215
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Consultant: MCA Consultant
Jeffrey A. Camera, President
2111 Mt. Shasta Dr.,
San Pedro, CA 90732
(866) 377-6754
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT 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, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant 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.
The CONSULTANT 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 the CONSULTANT under this Agreement, 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 shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4215
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the 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.
SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4215
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO MCA CONSULTANTS
Jeff Camera Jeff Camera (Jul 10, 2024 21:02 EDT)
Raul Alvarez, City Manager Jeffrey A. Camera, President ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Response to RFP 24-18
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement
Exhibit “A”
CITY OF MONTEBELLO
Request For Proposal
RFP No. 24-18
SOLID WASTE MANAGEMENT SERVICES
Municipal Contract Administrators, Inc
(MCA Consultants)
Jeffrey A. Camera, President
2111 Mount Shasta Drive
San Pedro, CA 90732
(866) 377-6754
[email protected]
Proposal Date
June 7, 2024
City of Montebello
RFP No. 24-18
Solid Waste Management Services
Table of Contents
LETTER OF INTEREST.............................................................................................................2 PROJECT UNDERSTANDING AND APPROACH.................................................................. 3 METHODOLOGIES AND TECHNOLOGIES EMPLOYED ....................................................................3 KEY MILESTONES AND PROCESSES EMPLOYED..........................................................................3 RELEVANT EXPERIENCE........................................................................................................4 APPENDIX B ...............................................................................................................................6 RESUMES OF KEY STAFF MEMBERS............................................................................................7 PROPOSED SCOPE OF SERVICES ...................................................................................... 10 ANNUALREPORT .................................................................................................................... 11 WASTE REDUCTION AND RECYCLING PROGRAM IMPLEMENTATION ......................................... 12 RESIDENTIAL FRANCHISE AGREEMENT IMPLEMENTATION ASSISTANCE .................................... 16 COMMERCIAL HAULER TECHNICALASSISTANCE ..................................................................... 17 HAULER AUDITS ..................................................................................................................... 19 EVALUATION OF COMMERCIAL SOLID WASTE HAULER PROGRAM............................................ 20 CALRECYCLE BEVERAGE CONTAINER RECYCLING PROGRAM ADMINISTRATION ..................... 21 USED OIL PAYMENT PROGRAM ADMINISTRATION .................................................................... 21 ADDITIONAL TASKS ................................................................................................................ 22 WORK SCHEDULES,DELIVERABLES,MILESTONES,AND TASKS ................................................ 23 CONFLICT OF INTEREST STATEMENT........................................................................... 23 COST PROPOSAL................................................................................................................. 24
City of Montebello
RFP No. 24-18
Solid Waste Management Services
LETTER OF INTEREST
City of Montebello
RFP No. 24-18
Solid Waste Management Services
PROJECT UNDERSTANDING AND APPROACH
Having worked with the City for more than 20 years implementing residential and commercial solid waste and recycling programs, we are confident that we exhibit the experience, expertise, and knowledge to fulfill all appropriate needs within the City of Montebello. Over this span, we have worked with virtually every City department, administration, and management group to ensure that Montebello's programs are specifically geared and focused on providing the City with the most comprehensive services that are specifically tailored to your residents and business community. During our current tenure, we have successfully provided the City with every identified program within the referenced RFP 24-18 with a 100% track record of compliance, working successfully on developing annual reports, resulting in absolute adherence to all programs.
Our approach is emersion through a total understanding of the scope of services and tasks at hand. Every member of our team is intimately involved through collaborative efforts to provide the best possible solutions and program implementation. Like the approach that we currently employ with the City’s existing solid waste and recycling programs, we will continue to take a firsthand approach to the tasks and services that we are proposing. Serving as an extension of your staff, we perform the fieldwork, analytical assessments, recordkeeping, and program implementation, reporting back to the City our progress, keeping staff involved with every step of the process. Working with staff on items affecting the City, the programs and tasks are met with true collaboration by working with City staff on the development, implementation, and monitoring of all identified programs.
Additionally, to ensure a full and complete understanding of the services provided, monthly summaries and reports are provided to City staff with our invoices, and we regularly communicate with City staff to ensure program compliance.
METHODOLOGIESAND TECHNOLOGIES EMPLOYED
The methodologies and technologies employed for the requested services ae similar in nature to the services we have historically provided, “hands-on”. Building on our current program methodologies for program implementation and compliance that we currently employ as part of each program, we will provide methods and technologies to include continued program enhancements.
As part of the recordkeeping process, all items and programs established will include an online portal to permit creation/access to reports from users inclusive of haulers, businesses, and City staff as part of the electronic recordkeeping process for key data metrics. Additionally, inspection, enforcement, compliance, and tracking will allow quick access to all implementation recordation and other program management files.
Collectively, the above methodologies and technologies will not only permit online input and access to databases information but will be fully integrated in the creation of reports for tracking of the program progress and compliance.
KEYMILESTONESAND PROCESSES EMPLOYED
The milestone timeframes set forth below provide the envisioned path forward for the services referenced herein and to further demonstrate our full and complete understanding of the scope of services requested. Each milestone referenced below aligns with the scope of services we have provided and sets forth supporting details as to the activities. It should be noted that milestones
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Solid Waste Management Services
and timeframes may fluctuate based on various factors such as City Council action, changing of State or jurisdictional dates and requirements, or other factors not identified in the current scope of work.
• ANNUALREPORTS
o August 1 of each calendar year - Annual Report submission o July 15 of each calendar year - Annual Report submission for City review o July 1 of each calendar year - Annual Report draft for internal review o Quarterly consolidation and tracking of data
• WASTE REDUCTION AND RECYCLING PROGRAM IMPLEMENTATION
o Daily, monthly, quarterly, annually tracking of program information o Outreach to commercial businesses for program implementation o Continuous and ongoing
• RESIDENTIAL FRANCHISE AGREEMENT IMPLEMENTATION ASSISTANCE o June 2024 – October 2024
o June 20, 2024 – July 10, 2024 – Residential RFP Question Response o September 3, 2024 - October 23, 2024 – RFP Proposal Review and Analysis o November 1, 2024 - April 1, 2025 – Residential Transition o April 1, 2025 – June 30, 2025 - Residential Monitoring • COMMERCIALHAULER TECHNICAL ASSISTANCE
o Weekly and monthly referral of customer compliance
o Continuous and ongoing
• HAULER AUDITS
o Desk Audits (4) February, May, August, November each year o In-house Audit (2) March and September each year
o Desk Audits (2) April and June each year
o Prepare Audit Findings Report – conclusion of each audit o In-house/Compliance Audits as needed
• Evaluation of Commercial Solid Waste Hauler Programs
o Conduct Annual Hauler Evaluation – January 2 – March 1 each year • ADDITIONAL TASKS
o Additional tasks – as needed
o Continuous and ongoing
RELEVANT EXPERIENCE
MCA Consultants’ experience in the development of solid waste and recycling programs, as well as green technological programs, dates back more than 28 years and encompasses some of the most innovative developments in California. We have been instrumental in the development and implementation of solid waste and recycling programs for cities, counties, private developers, management companies, and commercial businesses. MCA Consultants will provide the experience and expertise required to ensure that all of your solid waste and recycling programs are designed to provide you with the maximum benefit possible. Ranging from targeted residential and commercial systems to entire municipal solid waste and recycling systems, as
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RFP No. 24-18
Solid Waste Management Services
well as large-scale developments of hundreds of millions of dollars, MCA and our affiliates have been responsible for the design, development, and implementation of solid waste, recycling, and utility-based programs designed to enhance the overall effectiveness of jurisdictional entities.
MCA's staff of professionals has the knowledge and expertise to make certain that each of your programs meet and/or exceed all federal, state, and local jurisdictional requirements. We will make certain that your solid waste and recycling programs are designed to encompass the most stringent requirements necessary to meet the long-term obligations of the City of Montebello.
Our services include not only the total comprehensive design of solid waste, recycling, and utility-based programs, but also the ability to provide you with long-term management and monitoring specifically designed to achieve total compliance. As with all of our programs, MCA Consultants works directly with your professional staff and managers as well as engineers, developers, the community, and others to guarantee the complete satisfaction of the programs we are developing and/or working on.
It is our unique abilities that allow MCA to incorporate Montebello’s needs and desires and incorporate them into programs designed for maximum feasibility, reduced dependency on longterm operational costs, and provide the potential for cost-recovery enhancement programs. Our abilities range far beyond programmatic development of solid waste and recycling systems. The programs developed by MCA are designed to not only enhance your current systems but to provide a complete package intended to exceed all expectations and increase the effectiveness and efficiencies of your current solid waste and recycling programs.
In addition to managing municipal waste and achieving diversion levels in excess of 75%, MCA Consultants has also been responsible for the enhanced development of the City’s non-exclusive franchise system. As part of the process, MCA has developed some of the first non-exclusive solid waste franchise agreements and worked with solid waste providers and recyclers to integrate a system that resulted in a substantial increase in the commercial sector diversion rates.
Municipal solid waste systems are not our only success stories. We have a proven track record of high diversion rates working with community businesses and developers to achieve increased compliance with state diversion mandates. Among our accomplishments are the Americana At Brand (Glendale, CA) a 475,000 square foot development, where we designed and implemented the most progressive solid waste and recycling system in the area and fostered a unique relationship between the City of Glendale and the Americana development; LA Live (Los Angeles, CA) – designing the initial solid waste and recycling concept that served as the basis for the entire development; Santana Row (San Jose, CA) – one of the largest mixed-use developments in the Northern Bay area; Fort Lewis, Washington (Uninc Pierce County, WA) – as a military installation, MCA designed the residential and base operations solid waste and recycling program for the government contractor responsible for overseeing all housing-related issues. MCA designed, implemented, and managed the entire solid waste and recycling systems, in each project, at levels that achieved diversion rates in excess of 78%.
City of Montebello
RFP No. 24-18
Solid Waste Management Services
APPENDIX B
City of Montebello
RFP No. 24-18
Solid Waste Management Services
RESUMES OF KEY STAFFMEMBERS
Jeff Camera’s Recent Relevant Experience (Resume at the end of this section) City of Montebello – Solid Waste and Recycling Services, Used Oil, Beverage Container, and Grant related Services
For more than 20 years, commencing with our initial contractual service agreement with the City of Montebello, MCA Consultants has been providing the City with a variety of professional environmental and consulting services including but limited to solid waste, recycling, commercial and demolition recovery, used oil, household hazardous waste, electronic waste recovery/recycling, organics, and like services.
Mr. Camera’s knowledge of the City combined with his expertise in developing, implementing, and managing solid waste, recycling, used oil, beverage container, and other programs has resulted in exemplary compliance with all requirements set forth by the State of California, CalRecycle, and Los Angeles County. His services have resulted in the City achieving a compliance rate more than twice of that set forth as the target by CalRecycle.
Mr. Camera’s professional services relating to solid waste and recycling compliance have resulted in Montebello achieving a commercial hauler compliance rate of more than 91 percent of identified businesses and exceeding the jurisdictional targeted goals set by CalRecycle every year that MCA has provided services to the City. As the President of MCA Consultants, the annual hauler compliance programs and audits have resulted in the increased understanding of program compliance by every sector of the City from residential and commercial to the City’s nonprofit sectors, solid waste haulers, and recyclers. His work with the City’s residential and commercial hauler and recyclers has resulted in compliance with legislative mandates and programs by working in collaboration with them to reach every aspect of the community and provide programs that are designed to maximize effectiveness and reduce costs to the City itself, your residents, and businesses.
During his more than 20-year partnership, has worked collectively to establish a programmatic list that encompasses more than 35 recyclable items included in every solid waste collection and recycling program. Mr. Camera has additionally developed and overseen various public education and outreach programs designed to inform residents and businesses about a vast array of programs offered and enlist their participation for the betterment of the City as well as increasing compliance opportunities with CalRecycle.
Mr. Camera’s resume can be found at the end of this section.
Steven Howe’s Recent Relevant Experience
Solid Waste and Recycling Compliance
Mr. Howe brings extensive solid waste industry experience, Non-profit world expertise, and an extensive knowledge and experience in working Jurisdictions, businesses, schools and school districts. His knowledge and experience provides clients with cost effective, sustainable solutions and works with jurisdictions in implementing SB 1383 compliance measures for Tier 1 and Tier 2 Generators and increasing options for Food Recovery Organizations that serve these jurisdictions.
This includes working with the jurisdictions on their Capacity Planning for Food Recovery Organizations and Tier 1 and Tier 2 Generators. This is part of the jurisdiction’s
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mandatory compliance with the County of Los Angeles and the requirements under SB 1383 and CalRecycle’s oversight of jurisdictions.
Currently Mr. Howe is assisting the following jurisdictions in monitoring solid waste and recycling programs, working with the Food Recovery Organizations to increase collections of recoverable foods, working with Tier 1 and Tier 2 Generators to increase the volume of quality recoverable food that meets health and safety standards and is collected by Food Recovery Organizations for distribution to those that are experiencing food insecurity:
City of Bellflower (2022-Current)
City of Santa Fe Springs (2021-Current) City
of Lynwood (2022-Current)
City of Hawaiian Gardens (2022-Current)
Michael Balliet’s Recent Relevant Experience
Since 1991 Mike has been providing solid waste, recycling, organics, auditing, and data analysis and other services to public and private sector clients. He has an in-depth understanding of the regulations governing solid waste collection, diversion, disposal, and organics collection and processing, as well as State legislative requirements. Working with MCA in various capacities and collaborative endeavors for more than 25 years, Mike is acutely aware of data collection, tracking, and analysis as it relates to organics and SB 1383 compliance. Mike has been responsible for developing program methodologies to ensure hauler compliance through the implementation of service-related programs and with organics and food recovery programs for more than five years.
Mike also developed a desktop waste characterization and quantification system, based upon field sampling and National waste generation studies, which was later used to estimate the solid waste streams of over 25,000 industrial, commercial, and institutional entities in the Southern California.
Toni Camera’s Recent Relevant Experience
Toni Camera has more than 10 years of program-related experience, including three years with organics, food recovery, and distribution programs. Serving as the lead coordinator hauler compliance programs, Toni arranges for the coordination collection evaluations, distributions, and tracking of related data for State compliance with AB341 and 1826, as well as SB 1383 and the Los Angeles County Department of Public Works. Toni has been responsible for expenditure tracking, procurements, and gathering information required for Montebello’s compliance reporting to CalRecycle. Toni’s experience in budgetary tracking and compliance with funding parameters has ensured that the City is in total compliance with expenditure allocations and accounting of all program-related expenses and other financial tracking.
Lisa Burney’s Recent Relevant Experience
Lisa is currently MCA’s Associate Consultant working on the City of Montebello’s solid waste and SB 1383 programs. Lisa is responsible for direct interaction with Montebello businesses as well as those businesses. Her ability to evaluate compliance via in-person site visits, “Lid Flipping,” and waste stream analysis has been instrumental in documenting Montebello’s compliance with all legislative mandates and programs. Lisa assists with the implementation of Montebello’s food recovery and tracking programs and works to ensure that haulers are in compliance with the requirements of MCC Chapters 8.12 and 8.13. Based on her field work documentation, Lisa provides in-depth analysis of Montebello’s solid waste, recycling, organics, and food waste collection and processing programs and conducts comprehensive site visits to Montebello businesses to ascertain their level of compliance.
City of Montebello
RFP No. 24-18
Solid Waste Management Services
City of Montebello
RFP No. 24-18
Solid Waste Management Services
City of Montebello
RFP No. 24-18
Solid Waste Management Services
PROPOSED SCOPE OF SERVICES
Pursuant to RFP 24-18, the services identified in the section have been developed to ensure a full and complete service program that meets the intent and objectives of the City’s desired services.
Each of the identified services is based on historical applications that we have provided for more than 20 years and is reflective of the knowledge, expertise, and experience of providing the actual services to the City. Each task and subtask is based on historical allocation of the time required to complete the services and any additional items that may be associated with them or that may arise as a result of programmatic implementation.
ANNUAL REPORT
Developing Montebello’s Electronic Annual Report (EAR) is a service that we have provided for the City every year since our inception of solid waste and recycling services. What began with paper allocations and documents submissions has evolved into an online electronic submission process requiring advanced planning and documentation of services to ensure compliance. With the inclusion of AB341, AB1826, SB1383, and other mandated program requirements, information reported on the annual report is more readily available to CalRecycle and able to be reviewed for accuracy on a timelier basis.
In accordance with State reporting guidelines, the Annual Report will be developed to maximize the diversion rate for the City and comply with the provisions of the reporting process. As we have provided to the City in previous years, implemented programs are a key component of compliance. Furthermore, with the introduction of AB341, AB1826, SB1383, and capacity planning monitoring, current and future Annual Reports will require additional information that must be provided by the haulers. Through this new process, MCA will seek out all programs and diversion not previously required in the report and work closely with the City’s haulers, collectors, businesses, and County agencies to identify existing and potentially new opportunities.
Having more than 20 years of historical knowledge relating to the City solid waste and recycling programs and services, as part of our Annual Report process we have the documentation and experience to ensure compliance with the following laws and regulations set forth in each of the 20 categories and numerous subsections of the Electronic Annual Report. All of the information relating to each section is meticulously documented and catalogued for compliance and proper placement within the report. Beginning with AB939 and continuing into Mandatory Commercial Recycling (MCR), Mandatory Commercial Organics Recycling (MORe), and most recently Short-Lived Climate Pollutants (SLCP), each component of the report will be documented and presented in a clear and concise manner as to maximize understanding and accountability for the programs’ data integrity.
As a continued part of our annual reporting program, all aspects of the City’s solid waste stream are carefully considered, and our programs identified throughout this proposal will serve as key aspects of the City’s compliance with all components of the governing legislation. Every program that has been identified in the City’s Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Elements (HHWE) will be documented to ensure that programs are being followed and implemented according to the required documents.
MCA will continue to ensure compliance with every aspect of the Annual Report including but not limited to the following sections and topics:
• Procurement • Edible Food
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RFP No. 24-18
Solid Waste Management Services
• SRRE
• Collection Systems
• Commercial Programs
• Event Venues
• Residential Programs
• Education and Outreach
• Model Water Efficient Landscape
Ordinance (MWELO)
• CALGreen
• C&D
• HHW
• Disposal Rate Calculations
• SB1383 Waivers and Exemptions
• Contamination, Inspections,
and Complaints
• Enforcement and Monitoring
• Facilities and Transformation
Programs
• Infrastructure Barriers
• Enforceable Mechanisms and
Ordinances
• Planning Documents
• Diversion Programs
Each report developed by our staff is presented to the City for review, complete with all necessary backup documentation and, where necessary, calculations to fully understand the report findings. Presented to City staff in both detailed and summation forms, our reports will not only meet but exceed the requirements set forth by CalRecycle as they have in all previous years.
Once completed and presented to you in draft form, MCA Consultants will provide further clarifications and understanding of the information contained in the report through telephonic and in-person meetings with City staff. This is essential to ensure that you have the knowledge and complete programmatic understanding required to answer any question that may be posed to your staff.
As we have in all previous years, we will act as an extension of your staff by providing you with all of the technical expertise necessary to meet State mandated compliance and to work with you during each phase of the CalRecycle compliance process. All of our reports are presented to the City in advance of the actual submission date to allow staff adequate time to review the information and to allow for necessary changes, if required. We will stand with you during every venture and provide the City with staff-supportive services that are unmatched.
WASTE REDUCTION AND RECYCLING PROGRAM IMPLEMENTATION
MCA Consultants has worked with the City of Montebello for more than 20 years on the development and implementation of cost-effective solid waste, recycling, C&D, electronics, organics and composting programs, and more. It continues to be our belief that direct City involvement and a clear understanding of the City’s needs are essential to the long-term success of any program to be implemented. It is for this reason that we have developed this proposal section, building on previous years’ successes, and the most cost-effective programs to ensure the likelihood of long-term success and implementation. Each step of the collaborative process involves City staff updates as they are often the first line of contact for the regulatory entities, residents, and businesses.
Our implementation plan includes the implementation, documentation, analysis, and tracking of the essential programs identified in the 20 plus sections of the EAR (referenced in the Annual Reports section above) and other key program components, including working to develop a full
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life-cycle accounting of recyclable materials reported within the City’s solid waste and recycling program and reporting system.
Ensuring that your staff has a clear understanding of the programs being developed and implemented is essential as they provide the first level of awareness to residents within Montebello, as well as individual communities and developments. This allows residents to contact the City and receive the answers they are looking for without having to wait for an outside entity to provide them with answers for some of the most basic questions. As part of our waste reduction and recycling programs, we are able to respond to residential and business inquiries in most cases within 30 minutes of our firm being notified by providing full and complete coverage from 5:00 a.m. to 9:00 p.m. PST. Anything outside of those hours is responded to the next morning.
LOCAL BUSINESS AWARDS PROGRAM
Our Local Business Award Program is designed to award businesses for their environmental stewardship and commitment to helping Montebello achieve their solid waste and recycling diversion goals through sustainability. Our sustainable business program not only address sustainable endeavors and thoughts about environmental impacts, but the economics of sustainability as well. The programs we have developed for the City of Montebello address the mandates set forth in multiple legislative enactments and state policies including Assembly Bills 341, 1826, and Senate Bill 1383 by working directly with community businesses and solid waste haulers and recyclers to further develop and promote a comprehensive approach to sustainability.
The City of Montebello “Go Green” Program that we developed, incorporates a sustainable business program that allows Montebello businesses to proudly display their commitment to helping the City Go Green. Designed to comply with AB341, AB1826, SB1383 and other legislative enactments and state requirements, we have developed a “Go Green Business Certification Program” designed to promote a business’s compliance with sustainable programs that are considered to be “Green” in application and sustainable in practice. This program has been designed to exceed State mandated legislative enactments by increasing the City’s ability reduce waste, increase recycling, and implement sustainable cost-effective programs.
The “Go Green Business Program” encompasses four levels. Each level is designed to enlist a variation of environmental programs to reduce the impacts on the environment, and once approved by the City, will be accompanied by a window decal for display. Go Green compliance levels and criteria are referenced below:
• “Go Green” – Emerald Level (Highest Level of Achievement) – In order to achieve this level, a business must truly be a “Green” company or have implemented a plan to achieve maximum results for going green. To reach this level a business strives towards total integration of sustainability. Each of the areas identified must be addressed or have programs that addresses Reuse, Reduction, Recycling, with respect to waste diversion, recycling, gas, water, electric, food waste diversion or recovery, and organics.
To accomplish this, a business must truly “Re-Think” their internal processes and implement programs that truly enhance their sustainability to the City. • “Go Green” – Diamond Level (Elevated Level of Achievement) - At this level, the businesses that are serious about sustainability, and going green are identified.This
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level requires at least six sustainable or program reduction areas to be identified and implemented.
At this level a complete team effort must be demonstrated between the business, its employees, and the nonexclusive franchised hauler servicing the business. High levels of sustainability, waste reduction, reuse, and recycling should be accomplished. Documented educational training for employees and customers that has been verified by the City, or its representative, may be substituted for one program area.
• “Go Green” – Gold Level (High Level of Achievement) - This level of achievement is designated for those businesses that go the extra distance to achieve sustainability. In general, these businesses must implement at least four to five of the eight areas referenced above and have measured results verified by the City. At this level, at least two of the programs implemented must be implemented by the business and have the ability for measurable results. To qualify for this level, a business may substitute one of the program implementation criteria for a program that results in at least a 75 percent reduction in their baseline waste generation.
• “Go Green” – Silver Level (Basic Level of Achievement) – To achieve the basic level of achievement, a business should implement at least four of the eight areas referenced above. In some cases, a business may qualify if less than four areas are implemented provided that the business is striving to recycle at least 65 percent of its regular and customary waste.
• “Go Green” – Bronze Level (Entry Level of Achievement) – As part of this entry level, a business must be implementing a basic level of sustainability that includes at least two of the eight of the areas referenced above. Whether implementation is by individual design or by participation in a hauler’s City-approved program, sustainable implementation is a must. Regular reporting is required and must be verified at least annually.
The program that we have developed will not only provide the City’s businesses with a sense of accomplishment but will also have a dramatic impact on the public, allowing them to recognize and identify businesses that are compliant with City requirements and are participating as a good corporate citizen within the City.
Working in coordination with the City and the Montebello Chamber of Commerce, all businesses will be able to compete equally regardless of their current recycling activities. Categorical references will be developed to determine the level of recycling within the City. Collectively, working together with local businesses, we will be able to provide annual updates to the programs and provide an illustrated model of the increase in recycling percentages and participation levels. The business awards program is enhanced each year by having selected businesses recognized during a City Council meeting in April as part of Earth Month activities.
Eligible businesses will be evaluated through a nomination process which MCA Consultants will evaluate for compliance and develop writeups for the City to consider as part of the program’s rewards. Media and press releases will be developed and released in various publications and other social media avenues.
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BACKYARD COMPOSTING PROGRAMS
Although the RFP calls for two composting workshops to be conducted, MCA will conduct three backyard composting programs taking place in April, July, and October of each year. MCA will develop and produce outreach materials, flyers, and social media posts approved by the City for each workshop. The purpose of the program is to develop an alternative method for food waste disposal while creating a closed-loop program of returning organic waste back to the community in the form of compost.
Our composting program will help the City obtain diversion credits and fulfill the City’s programmatic requirements by developing and implementing programs targeted at reducing the amount of waste entering landfills. MCA has trained volunteers through Heart of Compassion (HOC) and certified them on composting techniques as part of a “Train the Trainer” class. Until the implementation of SB1383, HOC participants worked directly with MCA Consultants staff, providing backyard composting classes for Montebello residents. When desired by the City, we will work with LA County for appropriate materials and curriculum.
It is anticipated that the workshops will take place at various locations including City parks, community gardens, recreational facilities, and other City facilities depending on the participation and time of year. Workshop topics will include but not be limited to:
• Composting Basics
• Types of Composting
• Benefits of Composting
• How to Compost Yard Waste and Debris
• How to Compost Food Waste
• How to Build a Compost Bin
• Grasscycling
• Wormcycling
• Mulching and Much More
During each workshop, MCA will give away two composting bins during each programmatic workshop.
SCHOOL EDUCATIONAL PROGRAM
Working with the Montebello Unified School District, as well as the private schools located in the City of Montebello, MCA proposes to implement our “Challenge of the Schools Recycling Program” which is an educational outreach program designed to increase the level of awareness that currently exists within the school system. The program incorporates various educational components such as mathematics, science, English, written communication, and analytical thinking among others.
The program is comprised of three distinct but integral components that work in concert with each other to reduce waste, increase recycling awareness, and reduce solid waste expenditures. Educational awareness, technical assistance and implementation, and program analysis are the three major components that comprise the system.
City of Montebello
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Solid Waste Management Services
As part of the school education and outreach program, MCA will work with every public and private school within the City of Montebello to develop cost-effective recycling programs for each of the respective schools. The comprehensive program will include a survey of the campus and all existing and potential programs that may increase the level of recycling at each location. In those instances where authorization is provided, MCA staff will conduct individual training (technical assistance) for students and teachers on methods to increase recycling of beverage containers, paper, plastic, organics, and other recyclables on their respective campuses. The technical assistance component of the program not only
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teaches students how to recycle, but also teaches them how to identify opportunities and develop enhanced recycling programs for their individual schools. The last component of the system is the program analysis component which sets the foundation for long-term impacts.
We have developed this system to encourage schools, teachers, and students alike to create and implement recycling programs that help create a better environment for the school. Created within the spirit of collaborative competition, this program brings students and faculty together, creating an atmosphere that everyone recognizes, working with the goal of improving the school’s knowledge base while reducing waste.
BUSINESS RECYCLING GUIDE ANDWASTE EXCHANGE
MCA will continue to conduct business compliance evaluations of each business within the City and continue to conduct detailed analysis of businesses and compare them against the baseline established for which programs are to be evaluated. Recommendations for various business types will also become an effective part of the program implementation. Once each business is evaluated for efficiency, we will develop a comprehensive report based on various business types and operational aspects of each type. Part of this report will include the current state of the business community with respect to recycling and diversion but also include a best practice section to maximize diversion, recycling, and compliance of each area.
Combined with the report, MCA will also develop a localized business waste exchange which incorporates a website that will connect businesses and the community for the purpose of beneficial reuse of products and materials rather than simply discarding them into the waste stream. This waste exchange will be developed to incorporate the Chamber of Commerce and other informational sources so that every aspect of the City can be incorporated into the program that will link businesses, nonprofits, community organizations, and residents together while developing a reduction in waste and increasing mandated compliance.
RESIDENTIAL FRANCHISE AGREEMENT IMPLEMENTATION ASSISTANCE MCA Consultants is very familiar with the City of Montebello's residential franchise system having written and developed draft franchises in 2018, 2019, and most recently 2024. Developed to ensure consistent services for the City as well as implementation of cost effective environmentally friendly programs, we are intimately familiar with the implementation, evaluation, monitoring, and reporting of all residential programs. Based on the scope of work identified within this RFP response, as well as the services set forth in the Residential Solid Waste and Recycling Collection RFP issued May 25, 2024, it is proposed that MCA Consultants work as an extension of your staff on an as-needed basis to assist with any new or existing franchise agreement that may be required and approved by City Council.
Although we are able to assist with every aspect of the proposal, among the essential components affecting the successful execution of the residential franchise, it is our belief, having developed the agreement and evaluated and conducted compliance evaluations of the existing residential franchise, that the following areas are perhaps the most prevalent to needing regular assistance in the early stages, given the level of expertise we have on the City's programs. • Verification of residential cart services including programs and services offered, automated carts, cart colors and markings, collection frequencies, organics and food
City of Montebello
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waste collection and recycling, as well as residential contamination levels and lid flips to verify residential compliance.
• Evaluation program services such as bulky item diversion, public outreach, valet services, and the implementation of roll off boxes and temporary processing services will all be areas that will need on site verification documentation and reporting to ensure compliance and strict applicability to the franchise agreement. • Core services provided to multifamily residential dwellings as well as the processing of multifamily waste and other programs. Given that the City has a nonexclusive franchise agreement system that currently encompasses 12 solid waste providers which are permitted to provide services to multifamily dwelling units that are not covered under the residential franchise, it will be important to ensure that a clear separation exists between the two programs.
• Reporting of residential services including collection frequencies, missed collections, tonnage collected, additional services provided, and the tracking of tonnage for all of these programs referenced above will be an essential component to ensure the City's compliance with state mandates and diversion requirements.
As we have since the beginning of our time working with the City, MCA Consultants will continue to provide staff augmentation services in whatever capacity needed. For the purpose of the residential franchise implementation assistance, it is recommended that, at a minimum, monthly meetings be conducted to ensure full compliance with the residential services that will be implemented under the new franchise agreement.
It should also be noted that once the new residential franchise agreement and services have been awarded and the transition process has begun, it will be important to ensure a smooth transition and the selection of identified carts, routes, collection days, and the effective communication to every resident and area affected under the new residential franchise agreement.
COMMERCIAL HAULER TECHNICALASSISTANCE
MCA will continue to provide the City and your haulers with technical assistance in a format that includes, but is not limited to, guidance with recycling programs, assistance with quarterly reports and renewal forms, customer recycling programs, legislative interpretation, AB341, AB1826, SB1383 program implementation, compliance with City requirements, and other regulatory compliance issues approved by the City.
We will once again guarantee that all inquiries will be addressed and the inquiring party contacted in a manner that is acceptable to the City. At no time will any inquiry response exceed 8 hours unless the inquiry occurs on a weekend or generally recognized holiday. In such an event, the party will be provided with a toll-free number to call in case of emergencies. We do this as part of our service as we believe that the more technical information or assistance a solid waste provider is able to access, the more competent their reporting and services within the City.
An important aspect of any reporting system is the submission and review of quarterly and annual renewal forms. As such, MCA Consultants will provide a 24 hour turnaround preliminary analysis on all forms submitted by a solid waste hauler within the City. To further assist your non-exclusive franchised haulers in the compliance aspect of your programs, we will offer assistance and preliminary review of their forms. Under this program, haulers will be permitted
City of Montebello
RFP No. 24-18
Solid Waste Management Services
to submit electronic forms via City approved electronic forms developed by MCA Consultants. The purpose of this preliminary electronic review is to permit the hauler to understand their deficiencies in their reporting systems and forms and provide them with viable feedback to increase the accuracy of their required reporting forms.
To enhance the services already provided by your staff, our hauler monitoring programs are designed to work with the haulers in a positive manner and educate them into compliance rather than provide a show of force that creates animosity among the parties. From simple technical assistance provided in other areas of this proposal, to quarterly and annual report review and education, our program provides a systematic process of compliance through guidance and education. Our unique approach has a proven success rate by ensuring compliance through both active and passive program implementation.
As we have demonstrated over the years, our passive programs are designed to educate and enlist compliance within the programmatic aspects of our services, and yet when combined with our active programs of compliance evaluations and in-person site visits, we are able to continue a level of compliance that the City has become accustomed to with our services.
MCA will continue with our “hotline” assistance service that we have implemented and expanded each year of the program. To this end we will have our hotline and technical assistance lines staffed and available from 5:00 a.m. to 9:00 p.m. PST. When combined with our after-hour notification system and technical assistance programs, we are able to provide aroundthe-clock support for you and the City’s solid waste providers.
As an extension of your staff, we will prepare and manage all solid waste correspondence either received from or sent to your solid waste providers. This service is provided to you in the form of completed letters, forms, and other documents presented to you in a format approved by the City to ensure minimum impact on City staff. Each document developed by MCA Consultants is presented to you in both electronic and hardcopy form for review and approval. This system permits us to provide you with the enhanced turnkey programs while allowing the flexibility of in-house implementation and distribution of the documents.
At the City’s request, MCA will handle and process all inquiries relating to your solid waste program and provide inquiring parties with multiple avenues to transmit and respond to questions. In every case, MCA principals will continue direct oversight of the entire program and make certain that all correspondence are sent, processed, received, and addressed within a timely manner in a method that is acceptable to the City.
MCA Consultants will conduct annual commercial hauler assistance workshops designed to further educate and bring haulers into continual compliance. The annual workshops will encompass aspects of the preceding year’s compliance, and an overall evaluation of hauler performance and compliance, as well as any changes in requirements, reporting, programs, or legislation that may occur in the upcoming year. Each hauler will be provided with a list of common questions and errors made during the preceding year and solutions to the more common errors and compliance issues that occurred. Furthermore, each solid waste provider in attendance will receive an updated non-exclusive hauler compliance package that has all necessary reporting forms for the upcoming year.
Among the items contained within each package will be electronic, as well as hardcopy, forms necessary for compliance with City regulations and ordinances, updated contact information and
City of Montebello
RFP No. 24-18
Solid Waste Management Services
outreach materials to be distributed, and current City disposal, diversion, and recycling reports, among other information. Collectively, this information can be used by the hauler to assist them in planning for the upcoming year’s programs. The workshop will involve key personnel from MCA Consultants and the City and will be arranged at a time and location that is convenient for all haulers. Although we do not recommend that the meetings be made mandatory, it is recommended that each hauler be strongly encouraged to attend, as compliance with the terms and conditions of the non-exclusive franchise will be vital to the individual hauler’s success during the upcoming calendar year.
On occasion haulers require a more extensive examination of their services. MCA Consultants will implement and monitor a hauler audit correction program designed to provide a more in- depth analysis to the regular compliance reports conducted. The context of this program permits for the technical audit of the physical portions of the hauler’s activities and may include route audits and assistance with the development of a disposal reporting methodology. Should it be determined that route audits are required, MCA personnel will conduct physical inspections of individual hauler routes as deemed necessary.
To ensure confidentiality and to preserve competition among the haulers, information obtained during a route audit will remain confidential and will not be made available for public disclosure.
We recommend this approach to provide the City with a layer of protection should a hauler claim that they have been financially damaged by the release of their confidential route sheets. Although it is our firm belief that the provisions established in our education and compliance programs and other aspects that we have identified within the body of this proposal will lessen the need for remedial hauler correction programs, we have established this as yet another layer of outreach to assist non-exclusive franchised haulers within the City.
HAULER AUDITS
Evaluating the performance of a solid waste provider is a necessary component of any solid waste and recycling program. At MCA Consultants we work directly with each hauler to ensure that confidentiality is protected and that their confidential information is not made available to the public or their competitors. It is our policy to present the firm being audited with a companyspecific confidentiality agreement which specifies in part that “neither the consulting firm nor the individuals conducting the audit will make any confidential information available to the general public at any time either now or in the future.” Additionally, the agreement further specifies that “the information obtained during the audit is specifically intended for the sole and discretionary use of the City and will be protected to the fullest extent permissible by law.” Each audit is conducted according to generally accepted accounting standards. Our staff conducting the audits will not answer any finding related questions made by the hauler during the audit and will not share any of the information found during the audit process. Specific questions regarding the audit or process must be forwarded to the City for official response. As is customary, our staff will work collectively with the City in the formulation of necessary responses.
During the term for which services are provided, MCA Consultants will conduct four (4) desk audits each quarter. Depending on the number of haulers authorized to operate in the City, the number may be increased or modified based on City request and approval. We will also conduct an in-house audit for two (2) quarters and a desk audit for the remining two (2) quarters for all haulers who obtained ratings of “unsatisfactory” outcome or that require corrective actions.
City of Montebello
RFP No. 24-18
Solid Waste Management Services
Furthermore, each year every hauler will be required to submit to an annual compliance evaluation of all services and reports required by the City. The annual compliance evaluations are conducted to address any situation that may include licensing violations or revocations, incorrect reporting, noncompliance with nonexclusive franchise requirements, and other areas that may be required and/or requested by the City to ensure hauler compliance.
Each audit will be conducted in a confidential setting and only information specifically required for the audit will be requested. To ensure a comfortable setting for all parties, the City will be notified of and approve all locations designated for audits. In some cases, in-house audits may be conducted at the hauler’s place of business due to the ease and availability of records required for the audits.
At each location, whether the audit is of a desk or in-house nature, it is recommended that the hauler being audited has the right to have a representative (approved by the City) at the audit location to answer any questions or explain any irregularities or missing information.
Once each audit has been completed, MCA will forward a confidential copy of the findings report to the City for review and comment. Once approved by the City, the audit findings will be presented to the hauler in writing, at which time they will have 10 calendar days to comment on the audit findings and provide any missing information that may be requested. After 10 days, the audit results will be finalized and/or reviewed further should additional requested information be submitted in accordance with the audit provisions. Once the audit is completed and all reports finalized, corrective action, if necessary, will be taken. As a final component of the audit process, MCA Consultants will make recommendations to the City for changes in methodology and/or recordkeeping found during the hauler audit. Such information may be used by the City as a corrective action tool or as a method of correction for future compliance.
As with all of our audits and information provided to us, MCA Consultants will make every attempt to keep the information confidential to the fullest extent permissible by law. Once complete and approved by the City, all documentation received from the hauler will be returned to ensure confidentiality. The procedures identified above are meant to be applicable for any inhouse or desk audit deemed necessary for situations such as license revocation, incorrect reporting, or the like. Should such a circumstance arise, a comprehensive report will be developed and provided to the City in accordance with the specifics delineated above.
EVALUATION OF COMMERCIAL SOLID WASTEHAULER PROGRAM
At periodic intervals throughout the year, and at the completion of each calendar year, MCA Consultants will perform an annual evaluation of the commercial solid waste hauler program.
Contained within the report will be findings and independent analysis directly related to the commercial solid waste program. Among the aspects included in the evaluation criteria will be items and analysis relating to programmatic compliance including but not limited to hauler audits, customer satisfaction, programs offered to ensure City compliance, good corporate citizenry, number of programs offered and implemented, extent to which customer outreach is conducted, compliance with the required Source Reduction and Recycling Plan (SRRP), vehicle and equipment compliance with codes and requirements, quarterly report submission and timely responses, and other factors deemed appropriate to determine complete compliance with City codes, requirements, and programs.
This independent analysis and review is designed to provide the City with enhanced programmatic aspects and correct any potential items that may warrant change considerations
City of Montebello
RFP No. 24-18
Solid Waste Management Services
inclusive of hauler summary reports and findings, hauler information, solid waste and recycling statistical information, and any change in diversion rates – all being among the information contained in the report.
Based on the results and findings made during the preceding year’s activities and audits, the contents of the commercial solid waste hauler program evaluation will be devised based on the specific findings and recommendations and presented to the City during a meeting or conference call in June of each year.
CALRECYCLE BEVERAGE CONTAINER RECYCLING PROGRAM ADMINISTRATION Since the inception of the program, MCA Consultants has reached a 100% compliance with every funding cycle awarded to the City for which we have been party to. From conceptual development and submission to implementation and report submission, MCA has ensured that every aspect of the City’s program meets program requirements and maximizes the amount of beverage containers recycled.
Awarded for implementation periods of up to three years and designed to increase beverage container recycling for aluminum, glass, plastic, and bi-metal containers, over the years the beverage container recycling program has been allocated less funding by the legislature, averaging about $16,000 for Montebello over the last 11 years. This funding cycle the recommended payment award for the City is $15,758 which represents another reduction in funding due to legislative budgetary allocations. Designed to reach a minimum California Refund Value Recycling rate of 80 percent, the funds are allocated for variety of expenditure that will increase the amount of recovered beverage containers.
To this end, MCA Consultants proposes the following activities to ensure compliance as we have since the program inception. Development, identification, and coordination of beverage container collection programs for Montebello middle schools will be developed to ensure that rising generations are aware of the importance of recycling and are provided with the necessary tools and resources to achieve the identified mandates and goals. The coordination of City-wide litter clean-ups will be coordinated with the City’s Parks and Recreation staff as we have in years past, providing necessary equipment and resources for the efforts. We will conduct evaluation of total program parameters and coordinated future event information for comprehensive program updates to residents, businesses, and schools, and conduct preliminary development of program information for haulers to distribute to customers and include in their mandatory City provided programs.
With primary focus being on the proper collection and recycling of beverage containers within the City depending on the level of funding awarded, we will continue to develop programs that are beneficial and far reaching and are fully compliant with CalRecycle funding parameters.
This includes the preparation and submission of all required funding requests, program development, program implementation and report submission, as well as development of all necessary reports and documents required for City signature and submission to CalRecycle.
USEDOILPAYMENT PROGRAM ADMINISTRATION
Similar to the Beverage Container Program, the Used Oil Payment Program (OPP) has seen a reduction in funding in recent years to its current level of roughly $8,865. Submitted via the CalRecycle LoGOPP website, given the level of funding allocated, the entire program is virtually
City of Montebello
RFP No. 24-18
Solid Waste Management Services
centered around the increased promotion and collection of used oil and filters through the State’s Certified Collection Center (CCC) program and direct outreach to Montebello’s DIY’ers. Under the proposed services requested, used oil information and programmatic activities will focus on program expansion and solicitation of additional used oil and filter collection centers to ensure funding parameters presented to CalRecycle. Under the fund expenditures identified, programmatic activities will focus on two main areas approved under the program. The first will be ensuring that there is at least one certified collection center per 100,000 residents pursuant to Public Resources Code (PRC) 48690(a)(1)(2), and the second will be development and implementation of a public education component that informs the public and Montebello residents about the used oil program and available opportunities to them pursuant to PRC 48691(b).
As part of the program, we will develop all of the necessary programs and submissions, as well as provide all of the necessary submissions to CalRecycle, work with the existing four (4) Certified Collection Centers (CCC’s) to ensure program parameters are adhered to, ensure that oil and filters are properly collected, and customers are offered the 40 cent per gallon incentive offered under the program for the recycling of used motor oil. Since it is possible for some motor oil to inadvertently become mixed with antifreeze, gasoline, solvents, and other fuels, we will develop an educational and outreach program that provides information on the proper locations to dispose of contaminated used oil. We will also work with the CCC’s to identify contamination and provide information to Montebello’s residents on the proper handling and disposal of the contaminated materials.
ADDITIONAL TASKS
MCA Consultants fully understands the programs and services that are required to provide the City with comprehensive solid waste management services and have fully identified what we believe to be a full scope of services. For those reasons, any items that may arise that are related to the categorical areas referenced above will be included in those areas as no additional charge to the City and included in the budgetary allocations presented in the Cost Allocation section of this proposal. If however, it should become desirable or necessary for the City to request additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued, the rates referenced below are offered to the City pursuant to this section and shall remain in place for the duration of the contractual term.
• Principal Consultant - $85.00 per hour
• Senior Consultant - $75.00 per hour
• Associate Consultant - $55.00 per hour
Given our longstanding history with the City of Montebello, as part of the additional tasks requested, MCA Consultants will provide the Nonexclusive Franchise Hauler Renewal Packages and Agreements services to the City at no additional charge.
City of Montebello
RFP No. 24-18
Solid Waste Management Services
WORK SCHEDULES, DELIVERABLES, MILESTONES,AND TASKS
It is important to note that the implementation of comprehensive solid waste and recycling programs is not restricted to regular hours or prescheduled times. Because of the nature of our programs and the services that we provide to the City, we provide the identified services as needed, including conducting operational activities 7 days per week at various hours. Our reporting and scheduling programs are available 24 hours per day, 7 days per week, including holidays.
There are several deliverables and milestones that have been identified above as required in the section entitled “Project Understanding and Approach”, some of which are a continuation of the current programs we are implementing within the City. Some of which are referenced below.
CONFLICT OF INTEREST STATEMENT
MCA Consultants has been Montebello’s environmental consultant for solid waste, recycling, organics, food waste and recovery, used oil, beverage container recycling, construction and demolition, and e-waste for more than 20 years. During this time, we have had program servicerelated interactions with City staff that occur in the professional confines of their respective offices located at City Hall and other official City buildings and locations. We do not currently, nor have we had personal relationships or dealings with any Montebello staff outside of normal working parameters, and all interactions are directly related to the services that we are contracted to provide.
We have been implementing the City’s solid waste, recycling, and environmental programs for more than 20 years and have exceeded all parameters and requirements, which has resulted in a 100% compliance rating with CalRecycle for the all program and requirement implementation.
We are contracted to perform the following services for the City:
• SB 1383 implementation
• Organics, food recovery, and diversion program development, implementation, outreach • Commercial solid waste hauler compliance and reporting • Residential solid waste hauler compliance and reporting • City-wide recycling development and implementation
• Hauler audits for City compliance
• CalRecycle annual reporting
• Waste reduction and recycling program implementation
• Used oil and Certified Center grant program development, oversight, and reporting • Beverage Container grant program development, oversight, and reporting
City of Montebello
RFP No. 24-18
Solid Waste Management Services
EXHIBIT B
COST PROPOSAL
This section has been developed in accordance with RFP 24-18 and includes all fees and expenses for each of the work tasks and deliverables described in this RFP. The rate schedule referenced below includes hourly rates and the number of hours anticipated for each staff level. MCA does not charge or request reimbursement for out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs as we believe these are expenses that are considered part of our work product and as such covered internally. Each of the times reflected below in the component cost schedule directly correlate to the total all-inclusive maximum price referenced above.
The information contained within this section of the proposal assumes that the scope of work presented herein is commensurate with the City’s need for service. To help the City with their budgetary constraints, the budget set forth herein reflects our continued desire and commitment to assist the City in achieving maximum cost savings. To this end we have prepared this cost allocation to ensure that all of the above-mentioned services will be provided to the City at an annual cost not to exceed $99,695.00 unless approved in advance by the City for additional services performed at their request. Please note that the total not to exceed price is inclusive of $75,045.00 for Solid Waste Services, $15,785.00 for the CA Beverage Container Recycling Administration (based on current funding allocation), and $8,865.00 for the Used Oil Payment Program Administration (based on current funding allocations). All rates will be billed in accordance with contractual pricing for identified positions.
Solid Waste Management Services Budget Rate Hours Total Extended
Total
ANNUAL REPORTS
Principal Consultant $85.00 20 $1,700.00
Senior Consultant $75.00 45 $3,375.00
Associate Consultant $55.00 20 $1,100.00
TOTAL 85 $6,175.00
WASTE REDUCTION AND RECYCLING PROGRAM IMPLEMENTATION
Principal Consultant $85.00 120 $10,200.00
Senior Consultant $75.00 125 $9,375.00
Associate Consultant $55.00 120 $6,600.00
TOTAL 365 $26,175.00
RESIDENTIAL FRANCHISE AGREEMENTIMPLEMENTATION ASSISTANCE Principal Consultant $85.00 40 $3,400.00
Senior Consultant $75.00 10 $750.00
Associate Consultant $55.00 20 $1,100.00
TOTAL 70 $5,250.00
COMMERCIAL HAULER TECHNICAL ASSISTANCE
Principal Consultant $85.00 80 $6,800.00
Senior Consultant $75.00 40 $3,000.00
Associate Consultant $55.00 50 $2,750.00
TOTAL 170 $12,550.00
HAULER AUDITS
Principal Consultant $85.00 150 $12,750.00
Senior Consultant $75.00 75 $5,625.00
Associate Consultant $55.00 20 $1,100.00
TOTAL 245 $19,475.00
EVALUATION OF COMMERCIAL SOLID WASTE HAULUER PROGRAMS
Principal Consultant $85.00 32 $2,720.00
Senior Consultant $75.00 25 $1,875.00
Associate Consultant $55.00 15 $825.00
TOTAL 72 $5,420.00
ADDITIONAL TASKS
Principal Consultant (As Requested) $85.00 0 $0.00
Senior Consultant (As Requested) $75.00 0 $0.00
Associate Consultant (As Requested) $55.00 0 $0.00
TOTAL 0 $0.00
SOLID WASTE AMOUNT 1,007 $75,045.00
CA BEVERAGE CONTAINER RECYCLING ADMINISTRATION
Based on Current Grant/Funding Appropriation $15,785.0
0 1 $15,785.00
TOTAL 1 $15,785.00
USED OIL PAYMENT PROGRAM ADMINISTRATION
Based on Current Grant/Funding Appropriation $8,865.00 1 $8,865.00 TOTAL 2 $8,865.00
TOTALNOT TOEXCEED $99,695.00
Exhibit “C”
LIVE SCAN FINGERPRINTING REQUIREMENT
The CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.
The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT may be required to obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.
AGREEMENT 4215 for RFP 24-18 Solid Waste
Management Services
Final Audit Report 2024-07-11
"AGREEMENT 4215 for RFP 24-18 Solid Waste Management
Services" History
Document created by Jacqueline Leon ([email protected]) 2024-07-10 - 10:49:18 PM GMT
Document emailed to Jeff Camera ([email protected]) for signature 2024-07-10 - 10:49:26 PM GMT
Email viewed by Jeff Camera ([email protected]) 2024-07-11 - 0:55:55 AM GMT
Document e-signed by Jeff Camera ([email protected]) Signature Date: 2024-07-11 - 1:02:48 AM GMT - Time Source: server Agreement completed.
2024-07-11 - 1:02:48 AM GMT
Created:
By:
Status:
2024-07-10
Jacqueline Leon ([email protected])
Signed
Transaction ID: CBJCHBCAABAAXWDZ0Dw8un13NwI8-PDF0OIoLlVng5Dy
ITEM # 26
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Acting Director
SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS NO. 24-21 FOR A
ZERO-EMISSION BUS FACILITIES AND FLEET TRANSITION PLAN
DATE: July 24, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve issuing a Zero-Emission (ZE) Bus Facilities and Fleet Transition Plan Request for Proposal (RFP) No. 24- 21; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to issuing Request for Proposals No. 24-21 for a ZeroEmission Bus Facilities and Fleet Transition Plan (Attachment A). Once a consultant is selected for award, the City Council will be requested to consider approving an agreement and amend Transportation’s Fiscal Year 2024-25 adopted budget as needed to appropriate funds. Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for this project.
BACKGROUND/DISCUSSION:
The City of Montebello is soliciting proposals from qualified consultants to assist MBL with a Zero-Emissions (ZE) Bus Facilities and Fleet Transition Plan in accordance with MBL’s Zero-Emission Bus (ZEB) Rollout Plan. The selected consultant will conduct an in-depth assessment of MBL’s facilities and operation and provide recommendations on the best types of equipment, technology, and programs. In addition, the consultant will provide recommendations and guidance for activities specific to hydrogen fuel storage,
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
monitoring, dispensing, fire suppression, and infrastructure modifications to existing facilities to accommodate for daily fueling and maintenance.
RFP No. 24-21 will assist Montebello Bus Lines (MBL) with implementing hydrogen fueling and maintenance solutions in accordance with MBL’s ZEB Rollout Plan. The consultant will develop a two (2) phase transition plan that provides strategies to accommodate MBL’s transition to a ZE fleet in alignment with the City’s commitment to invest in innovative, cutting-edge technology required to support the sustainable electrification of transportation. In addition, this transition plan will ensure that MBL aligns with the Sustainable Communities and Climate Protection Program (SB 375), which creates initiatives for increased development of transit-oriented communities, betterconnected transportation, and active transportation.
ENVIRONMENTAL:
There is no environmental impact.
ANALYSIS:
Staff requests the authority to issue RFP No. 24-21 to solicit proposals from qualified consultants to assist MBL with the development of a ZE Bus Facilities and Fleet Transition Plan. A selection process will be used to evaluate proposals based on various qualitative components and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, quality of proposed personnel, qualifications and experience, and technical approach. MBL is particularly interested in a consultant that will possess the relevant experience required to provide hydrogen infrastructure analysis and design options and deliver objective and measurable results.
SUMMARY:
Staff recommends that the City Council approve issuing RFP No. 24 –21, attached hereto in substantial form (Attachment A) for a ZE Bus Facilities and Fleet Transition Plan; and direct staff to take such additional related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A: Request for Proposal (RFP) No. 24-21
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 24-21
ZERO-EMISSION BUS FACILITIES AND FLEET TRANSITION PLAN
July 25, 2024
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
RFP No. 24-21
2 TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
Licensing, Permits, and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - QUALIFICATIONS 17
SECTION 4 - SCOPE OF WORK 18-21
SECTION 5 - FORM OF CONTRACT (SAMPLE) 22- 32
RFP No. 24-21
3 SECTION 6 - FORMS AND CERTIFICATIONS 33-44
Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E - Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE)
RFP No. 24-21
4 INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from qualified consultants to assist MBL with the development of a Zero-Emission (ZE) Bus Facilities and Fleet Transition Plan in accordance with MBL’s Zero-Emission Bus (ZEB) Rollout Plan. The consultant selected will conduct an in-depth assessment of MBL’s facilities and operation and provide recommendations on the best types of equipment, technology, and programs. In addition, the consultant will provide recommendations and guidance for activities specific to hydrogen fuel storage, monitoring, dispensing, fire suppression, and infrastructure modifications to existing facilities to accommodate for daily fueling and maintenance.
PURPOSE
The purpose of this solicitation is to assist MBL with implementing hydrogen fueling and maintenance solutions in accordance with MBL’s ZEB Rollout Plan. The consultant will develop a two (2) phase transition plan that provides strategies to accommodate MBL’s transition to a ZE fleet in alignment with the City’s commitment to invest in innovative, cutting-edge technology required to support the sustainable electrification of transportation. In addition, this transition plan will ensure that MBL aligns with the Sustainable Communities and Climate Protection Program (SB 375), which creates initiatives for increased development of transit-oriented communities, better-connected transportation, and active transportation. The consultant will ensure MBL is compliant with federal grant requirements.
OBJECTIVES
To solicit proposals from consultants to provide consulting services to assist MBL with a ZE Bus Facilities and Fleet Transition Plan as follows:
Phase I: consulting services that will result in a Request for Proposals (RFP) for a mobile hydrogen fueling station, maintenance facility modifications, equipment delivery, project management, and hydrogen training and support for MBL personnel.
Phase II: Develop a permanent transition plan for a hydrogen fueling station and maintenance facility, source grant funding, procurement assistance (develop a permanent ZE Bus Facilities and Fleet RFP), project management, and training and support for MBL personnel.
RFP No. 24-21
5 DATE: July 25, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.24-21
TITLE: CITY OF MONTEBELLO (CITY) and MONTEBELLO BUS LINES (MBL) Zero-Emission Bus Facilities and Fleet Transition Plan
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals (Proposals) from highly qualified consultants (Consultants) to assist MBL with the development of a Zero-Emission (ZE) Bus Facilities and Fleet Transition Plan for MBL’s fuel cell electric bus (FCEBs) project.
A Pre-Proposal Meeting will be held on Tuesday, August 6, 2024. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello.
All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Rohan Anderson
Title: Transit Administration Manager
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.
Proposals must be received by 3:00 PM Pacific Standard Time, on Thursday, August 29, 2024, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances. All Proposals must contain an original signature by an authorized officer of the company.
The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective proposers that the City will require each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where
RFP No. 24-21
6 such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.
The City is committed to ensuring that no person is excluded from participation in or denied the benefits of its programs and/or services based on race, color, or national origin per FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, MBL also prohibits discrimination based on sex, age, or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on MBL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: John Soria
Title: Acting Director of Transportation
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625, ext. 1315
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov
TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday July 25, 2024
Pre-Proposal Meeting Tuesday August 6, 2024, at 10:00 AM PST Deadline to Submit Questions Tuesday August 13, 2024, at 3:00 PM PST Responses to Questions Provided Tuesday August 20, 2024 Deadline to Submit Proposals Thursday August 29, 2024, at 3:00 PM PST Presentations & Intent to Award Week of September 9, 2024
RFP No. 24-21
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
OPTIONAL ITEMS
10 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. 24-21
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, August 29, 2024.
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 because 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
4. All other required forms
RFP No. 24-21
9 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 the conditions, instructions and the agreement shall not be a 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, August 13, 2024. 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
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
RFP No. 24-21
10 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
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
RFP No. 24-21
11 · 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 because 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 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 so by law.
JOINT OFFERS
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.
RFP No. 24-21
12 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 always conduct themselves in a professional manner to all City employees. 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
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
RFP No. 24-21
13 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 because of such default.
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
RFP No. 24-21
14 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
This RFP is issued by the City, and the Transit Administration Manager 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: Rohan Anderson, Transit Administration Manager 400 South Taylor Ave, Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]