CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 8, 2025 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
David N. Torres, Councilmember
Scarlet Peralta, Councilmember
Vacant, Councilmember
CITY MANAGER
Raul Alvarez
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Fernando Pelaez
Paul Espinosa
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
January 8, 2025: City Council Meeting Page 2 of 7
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
January 8, 2025: City Council Meeting Page 3 of 7
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. PUBLIC EMPLOYEE DISCIPLINE, DISMISSAL, RELEASE
Government Code Section 54957
One matter
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code section 54956.9(d)(1)
Salvador M. Chavez v. City of Montebello
Los Angeles Superior Court Case No. 22STCV09331
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Navarro vs. City of Montebello, et al. Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720,
ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ10708805, ADJ6773842
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
4. CITIZEN OF THE MONTH - DARLENE SANCHEZ-FIERRO
5. PROCLAMATION FOR HUMAN RIGHTS MONTH
6. PROCLAMATION FOR HUMAN TRAFFICKING AWARENESS MONTH
January 8, 2025: City Council Meeting Page 4 of 7
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
7. PUBLIC HEARING ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS CONCERNING THE FIVE- YEAR (2025-2029) CONSOLIDATED PLAN FOR THE ALLOCATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS, THE 2025-2026 ANNUAL ACTION PLAN, THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND
THE CITIZEN PARTICIPATION PLAN
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a public hearing, receive public input and provide direction to Staff on the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Five-Year Consolidated Plan, Annual Action Plan, Analysis of Impediments, and Citizen Participation Plan; and
2. Take such additional, related action that may be desirable.
REGULAR BUSINESS
8. CONSIDERATION OF FILLING VACANT COUNCILMEMBER POSITION
RECOMMENDATION: It is recommended that the City Council:
1. Adopt a Resolution No. 25-02 to fill the City Council Vacancy by one of the following options:
2. Fill the Vacancy by Special Election to be held not less than 114 days from the call of the Special Election; or
3. Fill the Vacancy by Appointment until the next regularly scheduled General Municipal Election to be held November 3, 2026, and
4. Take such additional, related action that may be desirable.
9. ADOPT RESOLUTION NO. 25-04 RESCINDING RESOLUTION NO. 22-73 AND OVERTURNING FINDINGS
MADE BY THE CITY COUNCIL RELATED TO THE INVESTIGATION AGAINST COUNCILMEMBER DAVID
TORRES AND CONSIDERATION OF A POLICY RELATED TO INVESTIGATIONS AGAINST ELECTED
OFFICIALS
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-04 which rescinds Resolution No. 22-73 and overturn the findings made by the then sitting City Council due to the deficiencies and flaws related to the manner, scope, due process and
January 8, 2025: City Council Meeting Page 5 of 7
conclusions of the report and the presentation made by outside counsel to the City Council on May 3, 2022;
2. Consider adopting a policy related to City Council conduct and the process of conducting investigations of complaints against members of the City Council and other elected officials; and
3. Take such additional, related action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
10. RESCIND AWARD AND AGREEMENT NO. 4230 WITH KYA SERVICES LLC FOR THE TRANSPORTATION
FACILITY RESTROOM RENOVATION PROJECT AND REJECT ALL BIDS RECEIVED FOR THE
TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSALS (RFP) NO. 24-24 IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22160, ET SEQ.
RECOMMENDATION: It is recommended that the City Council:
1. Rescind award and Agreement No. 4230 with KYA Services LLC (KYA Services) for the Transportation Facility Restroom Renovation Project; and,
2. Reject all bids received for the Transportation Facility Restroom Renovation Services Request for Proposals (RFP) No. 24-24; and,
3. Take such additional, related, action that may be desirable.
11. ADOPT RESOLUTION NO. 25-03 TO AUTHORIZE SUBMITTING AN APPLICATION TO THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR GRANT FUNDING FROM THE SUSTAINABLE
TRANSPORTATION PLANNING GRANT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-03 to authorize submitting an application to California Department of Transportation (CalTrans) for grant funding from the Sustainable Transportation Planning Grant (STP Grant) Program; and
2. Take such additional, related, action that may be desirable.
12. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3698 WITH PCAM LLC, DBA PARKING COMPANY
OF AMERICA, TO EXTEND PROFESSIONAL SERVICES NECESSARY FOR METROLINK RAIL FEEDER
SHUTTLE SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3698 with PCAM, LLC dba Parking Company of America (PCAM) to exercise the third and final one-year (1-year) contract extension for professional services required to support the Metrolink Rail Feeder Shuttle Services; and,
2. Authorize the City Manager and/or his designee, to execute Amendment No. 2 on behalf of the City of Montebello; and,
3. Take such additional, related action that may be desirable.
13. ACCEPTANCE OF THE BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT (CP NO. 918) –
NOTICE OF COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Bella Verde Drive Pavement Rehabilitation Project (CP No. 918) as completed by Copp Construction, Inc, and,
2. Approve the final contract amount with Copp Construction Inc. in the amount of $1,010,979 including change orders; and,
3. Approve the Final Total Project Budget (Attachment A); and,
January 8, 2025: City Council Meeting Page 6 of 7
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and,
5. Authorize the release of the retention payment ($50,549) due to Copp Construction, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and,
6. Take such additional, related action that may be desirable.
14. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4272 TO MR. C'S TOWING, INC. TO PROVIDE
POLICE TOWING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4272 for Police Towing Services to Mr. C’s Towing Inc. in accordance with Request for Proposals (RFP) No. 25-07; and
2. Authorize the City Manager to negotiate the final terms and execute the Professional Services Agreement on behalf of the City.
15. APPROVAL OF MINUTES: SEPTEMBER 25, 2024, CITY COUNCIL MEETING; OCTOBER 9, 2024, CITY COUNCIL MEETING; OCTOBER 23, 2024, SPECIAL CITY COUNCIL MEETING; OCTOBER 23,2024, CITY COUNCIL MEETING; NOVEMBER 13, 2024, CITY COUNCIL MEETING; DECEMBER 5, 2024, SPECIAL CITY COUNCIL MEETING; DECEMBER 11, 2024 CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-01 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JANUARY 8, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-01 approving the Warrant Register dated January 08, 2025.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Mayor Pro Tem
• David N. Torres, Councilmember
• Scarlet Peralta, Councilmember
1. Request consensus to establish an Economic & Workforce Development Ad Hoc Committee.
2. Requesting consensus to direct staff to develop and present a plan to address maintenance and operational issues for public restrooms at our city parks.
3. Traffic & Safety Concerns: Via Ocampo & Findlay Ave.
• Salvador Melendez, Mayor
January 8, 2025: City Council Meeting Page 7 of 7
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 22, 2025, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, January 5, 2025, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 7
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: PUBLIC HEARING ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS CONCERNING THE FIVE-YEAR (2025-2029) CONSOLIDATED
PLAN FOR THE ALLOCATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS
PROGRAM (HOME) FUNDS, THE 2025-2026 ANNUAL ACTION PLAN,
THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND
THE CITIZEN PARTICIPATION PLAN
DATE: January 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a public hearing, receive public input and provide direction to Staff on the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Five-Year Consolidated Plan, Annual Action Plan, Analysis of Impediments, and Citizen Participation Plan; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The U.S. Department of Housing and Urban Development (“HUD”) has not yet announced funding allocations for local jurisdictions. It is anticipated that the City of Montebello will receive approximately Three Million Dollars in Community Development Block Grant ("CDBG") entitlement funds, and approximately One Million Dollars in HOME entitlement funds from HUD for Fiscal Years 2025 through 2029. Once this information is made available, it will be used as part of the FY 2025-26 budget development process. There is no immediate fiscal impact related to the recommended actions.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
BACKGROUND/DISCUSSION:
The City of Montebello is considered an entitlement jurisdiction and receives an annual allocation from the U.S. Department of Housing and Urban Development (“HUD”) for the operations of its Community Development Block Grant (“CDBG”) and HOME Investment Partnerships Program (“HOME”). The funding is determined by a formula calculated by HUD based on population, age of the city, poverty levels, etc. The City’s allocation can fluctuate year-to-year, causing funding to increase or decrease in various programs.
As a recipient of federal funds, the City is required to submit a five-year Consolidated Plan (“ConPlan”), an Annual Action Plan, and monitor its progress, outcomes, and expenditures through the Consolidated Annual Performance and Evaluation Report (“CAPER”).
The purpose of the ConPlan is to identify the City’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the next five (5) years. The CDBG Program provides Federal funds for local improvement projects and programs. Activities assisted with CDBG funds must meet one of the three (3) national objectives:
1. Benefit low and moderate-income persons; or
2. Aid in the elimination of slum and blight; or
3. Meet a particular urgent community need because existing conditions pose a serious threat, and no other source of funds is available. This national objective is rare and is designated only for activities that alleviate emergency conditions, e.g., fire, flood, earthquake.
The HOME program provides formula grants, often in partnership with local nonprofit groups, to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing or providing direct rental assistance to low-income persons. HOME is the largest Federal Block Grant to State and Local Governments designed exclusively to create affordable housing for low-income households.
In addition to the ConPlan, HUD requires the development of a Five-Year Analysis of Impediments to Fair Housing Choice. HUD also requires public input on amendments to the City’s Citizen Participation Plan and Annual Action Plan.
ENVIRONMENTAL:
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(4), the actions taken do not constitute a “project” as these are “government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” In accordance with CEQA Guidelines Section 15061(b)(3), the project would also be covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The requests associated with this action do not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions related to the public comment on housing and community development needs for the five-year Con Plan (2025-2029) for the allocation of CDBG and HOME funds, the Annual Action (2025- 2026), and the Analysis of Impediments to Fair Housing Choice, and the Citizen Participation Plan is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
In addition, all proposed activities will be subject to environmental review under the National Environmental Policy Act (“NEPA”), including identifying potential environmental impacts, considering mitigation strategies, and documenting the review process for each project, while also indicating that projects with minimal environmental effects may be categorically excluded based on HUD guidelines.
ANALYSIS:
The Consolidated Plan is required by HUD to assess affordable housing and community development needs for the next five-year period (2025-2029). The ConPlan determines how funds from HUD will be used.
Community outreach associated with the ConPlan commenced in October 2024. This outreach includes the following activities:
• Informational fliers circulated to the community through the Montebello Unified School District;
• Stakeholder and community outreach meeting held on October 8, 2024; • Online surveys (with 72 responses received) and information were circulated to the public and posted on the City's website from October 7-17, 2024; • All additional public comments associated with the ConPlan will be received and incorporated into this analysis through April 9, 2025.
The following tables are intended to show the goals associated with the previously approved 2020-2025 Consolidated Plan as well as the goals for the proposed ConPlan (2025-2029) for Montebello based on input from community outreach conducted to date:
Montebello 2020-2025 Goals
Goal Name Category Geographic Area Needs Addressed
Increase affordable
Housing opportunities
Public Service Affordable
Housing
Citywide Affordable housing and
lower housing costs
Maintain decent and energy
efficient housing stock
Affordable Housing Special
Needs
Citywide Assistance for extremely
low- and low-income
households
Create sustainable
neighborhoods
Community Facilities Public
Facilities
Eligible Low- and Moderate-
Income Block Groups,
Citywide
Enhance facilities and
programs for youth and
seniors. Correct
infrastructure issues
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
Expand fair housing choice
and access
Public Services Citywide Increase homeownership
Provide vital public services Public Services Citywide Homeless prevention services
Increase earning capacity
for LMI families
Non-Housing Economic
Development
Citywide Provide job training and
opportunities for more jobs
Expanding economic
opportunities
Economic development Citywide Low Income Persons
Planning and administration Delivery of organization and administration of the CDBG
and HOME programs
Citywide Planning and Administration
Proposed Montebello 2025-2029
Goal Name Category Geographic Area Needs Addressed
Maintain decent and energy
efficient housing stock
Affordable Housing Special
Needs
Citywide Assistance with energy
efficient home
improvements
Increase affordable
Housing opportunities
Public Service Affordable
Housing
Citywide Affordable housing and
lower housing costs
Provide vital public services Public Services Citywide Homeless prevention services
Expanding economic
opportunities
Economic development Citywide Low Income Persons
Create sustainable
neighborhoods
Community Facilities Public
Facilities
Eligible Low- and Moderate-
Income Block Groups,
Citywide
Enhance facilities and
programs for youth and
seniors.
Expand fair housing choice
and access
Public Services Citywide Maintain homeownership
Increase earning capacity
for LMI families
Non-Housing Economic
Development
Citywide Provide job training and
opportunities for more jobs;
create suitable living
environments
Planning and administration Delivery of organization and administration of the CDBG
and HOME programs
Citywide Planning and Administration
The proposed 2025-2029 Con Plan goals for Montebello are based on the stakeholder/community meetings and surveys that were made available to Montebello residents. Community outreach was made on the following dates:
• Stakeholder/Community Survey: October 7, 2024–October 17, 2024 • Community Meeting: October 8, 2024
• Public Hearing: January 8, 2024
The Annual Action Plan is submitted to HUD annually and identifies how the city plans to use Federal funding during the next Fiscal year to meet the goals and objectives approved by the City Council in the Five-Year Consolidated Plan. The following chart identifies the requested amounts for each project, the funding source, the goals supported and the requested amount:
Proposed Project Name
Funding
Source
Goal Supported Requested
Amount
Housing Rights Center
CDBG
Admin
Expand Fair
Housing Choice and
Access $ 20,000
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
CDBG Program Administration
CDBG
Admin
Planning and
Administration $102,985
Section 108 CDBG
Economic
Opportunity
repayment $ 84,136
Heart of Compassion (HOC) CDBG
Provide Vital Public
Service $ 69,179
Youth Employment Program
(YEP) CDBG
Increase earning
capacity for LMI
families $ 23,060
City of Montebello Fire
Department - Emergency
Response Equipment CDBG
Create sustainable
neighborhoods
$315,565
White Memorial Medical Center,
DBA Adventist Health White
Memorial Montebello CDBG
Expanding
economic
opportunities $249,950
HOME Program Administration
HOME
Admin
Planning and
Administration $130,132
Housing Rehabilitation Grant
Program HOME
Maintain decent and
energy efficient
housing stock $966,458
CHDO Acquisition & New
Construction HOME
Increase affordable
housing
opportunities $700,000
The figures displayed in the chart above do not necessarily reflect the allocations that will be distributed among the various projects. This chart merely serves to identify the requested amounts associated with the applications received for the fiscal years 2025 through 2026.
The Analysis of Impediments to Fair Housing Choice is a review of policies, procedures, and practices within the community that affect the location, availability and accessibility of housing and current residential patterns and conditions related to fair housing choice. Fair Housing Choice is a condition in which individuals and families of similar income levels in the same housing market have a similar range of choices available to them, regardless of protected status. Federal and State Law defines protected status as:
• Race
• Color
• Ancestry
• National Origin
• Religion
• Sex
• Age
• Disability
• Familial Status
• Marital Status
• Sexual Orientation
• Source of Incomer
• Any other arbitrary factor
The City actively promotes fair housing and has conducted a study to find ways to
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
improve equal housing opportunities for all residents. The Analysis of Impediments to Fair Housing Choice is a study of actions, omissions, or decisions that restrict housing choices or the availability of housing choices or that have the effect of restricting choice or availability. The scope of the analysis includes:
Community Profile:
• Demographic Profile
• Household Characteristics
• Income Profile
• Housing Profile
• Accessibility to public facilities, jobs, and housing
Fair Housing Profile:
• Fair Housing complaints, violations, and lawsuits
• Trends and patterns of Impediments
Commuity Profile:
• Fair Housing practices of realtors and other housing associations • Mortgage lending practices
• Public policies and programs affecting housing development
The Citizen Participation Plan outlines the process for conducting program planning and reporting for the CDBG and HOME programs. The Citizen Participation Plan (“CPP”) sets forth policies and procedures to encourage citizen involvement and provides an opportunity for non-profit service agencies and the community to work in partnership with the City to identify needs and allocate CDBG and HOME funds.
The proposed CPP incorporates the following language:
• Added a section addressing access to records. The citizen participation plan must require the jurisdiction to provide residents of the community, public agencies, and other interested parties with reasonable and timely access to information and records relating to the jurisdiction's consolidated plan and use of assistance under the programs covered by this part during the preceding 5 years. • Added a section addressing the use of citizen participation plan. The jurisdiction must follow its citizen participation plan.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
SUMMARY:
The City Council is asked to conduct a public hearing to receive input from the public and provide direction to staff on the five-year Consolidated Plan (2025-2029), Annual Action Plan (2025-2026), Analysis of Impediments, and Citizen Participation Plan. After receiving input and direction from the City Council, draft versions of the above-referenced plans will be prepared for further consideration. The City will then disseminate the plans for public comment, followed by a second duly noticed public hearing for consideration from the City Council to adopt the five-year Consolidated Plan (2025-2029), the 2025- 2026 Annual Action Plan, the Analysis of Impediments to Fair Housing, and the Citizen Participation Plan. Following City Council adoption, the five-year Consolidated Plan, The Annual Action Plan and Citizens Participation Plan will be submitted to HUD for final action.
ATTACHMENT(S)
None
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Kimberly Guillen, Senior Deputy City Clerk
SUBJECT: CONSIDERATION OF FILLING VACANT COUNCILMEMBER POSITION
DATE: January 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt a Resolution No. 25-02 to fill the City Council Vacancy by one of the following options:
2. Fill the Vacancy by Special Election to be held not less than 114 days from the call of the Special Election; or
3. Fill the Vacancy by Appointment until the next regularly scheduled General Municipal Election to be held November 3, 2026, and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The two options available to fill the current vacancy on the City Council have different fiscal impacts.
If the City Council selects Option No. 1 - to call a Special Election, it would cost approximately $224.100. This expense was not considered as part of the Fiscal Year 2024-25 budget, therefore a budget amendment would be needed. For comparison purposes, the 2022 General Election (latest cost information available from Los Angeles County) cost the City $196,044. If the City Council selects the option to fill the vacancy by appointment, there will be no fiscal impact aside from staff time required to administer the appointment process and provide orientation and related assistance to the new Councilmember.
If the City Council selects Option No. 2 - to fill the vacancy by appointment, there will be
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
no fiscal impact to the City.
BACKGROUND/DISCUSSION:
The 2024 General Municipal Election was held on Tuesday, November 5, 2024, for two (2) City Council seats, the City Clerk seat and the recall of Councilmember Angie Jimenez. During a Special City Council Meeting on December 5, 2024, the election results were certified, resulting in the removal of Councilmember Angie Jimenez from her position as an elected official in the City. Government Code Section 36512(b) gives the City Council the option of filling the vacancy either by appointment or by calling a Special Election within 60 days of the vacancy (Government Code Section 36512). The 60-day period deadline is on February 5, 2024.
ENVIRONMENTAL:
N/A
ANALYSIS:
Due to the recall of Councilmember Angie Jimenez, the City Council is required to address the vacancy of the second half of Angie Jimenez's unexpired term ending December 2026. Pursuant to Government Code Section 36512(b), once a vacancy of an elected office exists, the City Council has 60 days to choose one of the following:
1. Fill the vacancy by Special Election, Government Code Section 36512 (b)(1) states if the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the Special Election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. Currently, the Los Angeles County Registrar-Recorder/ County Clerk does not have any upcoming elections in 2025.
Therefore, this would be a Special Election and not consolidated with any Federal, State, or County Contests. The City of Montebello would be fully responsible for all costs incurred. The estimated cost for a Special Election is $224,100.7 (Attachment C). If the Council wishes to proceed with this option, staff will prepare the appropriate resolutions with the Los Angeles County Registrar-Recorder/ County Clerk for consideration and approval at a Special Meeting. The special election will require candidates to engage in the candidate nomination process, the same process followed in the past election of November 5, 2024.
OR
2. Fill the vacancy by appointment until the next regularly scheduled general election to be held on November 3, 2026. The City of Montebello Municipal Code does not include an appointment process for filling vacancies in elected offices. The City Council can solicit applications and conduct interviews prior to making the appointment.
The City Council may choose (but is not required) to solicit and/or conduct interviews
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
prior to making the appointment. A draft application is attached (Attachment B) for reference only. If the City Council wishes to fill the vacancy by appointment, the appointment can be made at any time within 60 days of the vacancy. Since the vacancy was effective December 5, 2024, and if the City Council opts to fill the vacancy by appointment, it is recommended that the City Council hold a Special Open Session Meeting on January 22, 2025, or a time convenient, to consider applications and make an appointment.
Any person appointed to fill the vacancy must be a citizen of the United States, a resident of District 5, a registered voter in the City of Montebello - District 5 at the time the application is completed, and at least 18 years of age at the time of appointment. A person is disqualified from holding office upon conviction of a felony as specified in the Montebello Municipal Code §2.08.040.
The attached Resolution (Attachment A) is prepared for the Council to select any of the options presented. If the Council chooses Option No. 2, the City Clerk would advertise the vacancy, and the next Council action would take place during the Special Open Session Meeting on January 22, 2025. The City Council would then consider applications and make an appointment. The appointee would have to be selected and take their oath of office on or before February 5, 2024 and would assume their seat during the Regular Meeting on February 12, 2025.
SUMMARY:
Staff recommends that the City Council fill the Councilmember Vacancy by appointment or call a Special Election and take such additional, related action that may be desirable.
ATTACHMENT(S)
1. Attachment A - Resolution No. 25-02
2. Attachment B - Council Vacancy Application
3. Attachment C - Special Election Cost Proposal
ATTACHMENT A
RESOLUTION NO. 25-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO
SELECTING AN OPTION TO FILL AN UNSCHEDULED CITY COUNCIL VACANCY WITH A TERM ENDING IN DECEMBER 2026
WHEREAS, a General Municipal Election was held and conducted in the City of Montebello, California, on Tuesday, November 5, 2024, as required by law, for the recall of Councilmember Angie Jimenez, Councilmember for District 5; and WHEREAS, during the Special City Council Meeting of December 5, 2024, the City Council certified the election results, causing the removal of former Councilmember Angie Jimenez; and
WHEREAS, Government Code Section 36512 (b) provides the City Council the option within 60 days of the vacancy to fill the vacancy by appointment or by calling a special election; and
WHEREAS, pursuant to Government Code Section 36512 (b), once a vacancy exists, the City Council has 60 days to choose on one of the following options:
1. Fill the vacancy by Special Election on a date not less than 114 days from the call of the Special Election;
2. Fill the vacancy by appointment until the next regularly scheduled election to be held on November 3, 2026, by soliciting applications and conducting interviews prior to making the appointment and holding a Special Open Session Meeting on January 22, 2025, or a time convenient, to consider said applications and make an appointment.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Montebello, California, does hereby select Option No. ___ to fill the vacancy with a term ending December 2026.
APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY 2025.
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:
Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 25-02
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. 25-02 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 Special Meeting of said Council held on the 8th day of January 2025 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
APPLICATION FOR CITY COUNCIL APPOINTMENT FOR FILLING OF THE VACANCY Pursuant to Government Code section 36512(b), the Montebello City Council is seeking eligible applicants to fill the District 5 – Councilmember vacancy through the remaining term, which expires December 2026. Interested applicants must meet the eligibility criteria set forth and submit a completed application, including mandatory attachments, in person or by email, to the Montebello City Clerk office staff, time-stamped, no later than Wednesday, January 15, 2025, on or before 5:30 p.m. Please note that Office Hours are Monday through Thursday from 8:00 a.m. to 5:30 p.m. Failure to complete the application or submit any attachments to the application will disqualify an interested applicant from consideration.
ELIGIBILITY.
To serve on the Montebello City Council, an applicant must be at least 18 years of age, reside, and be a registered voter in the City of Montebello – District 5. In addition, applicants must complete a felony conviction declaration form per Montebello Municipal Code §2.08.040. The person appointed to serve as Council shall be required to complete and file a Form 700 Statement of Economic Interest disclosing various financial interests.
Mandatory Items to Submit:
1. Application (submitted electronically via email and/or in person). a. Please include Full Name and Residential Address for the City Clerk’s office to verify residency and voter status.
2. Candidate Statement - must be typed and contain a minimum of 250-500 words (submitted electronically via email and/or via USB with the application).
3. Felony Conviction Declaration.
Form 700 Statement of Economic Interest
If appointed, the person appointed will be required to file a Form 700 Statement of Economic Interest annually.
Applicants to be considered for this appointment must be available for the City Council at the Regular Meeting scheduled for Wednesday, January 22, 2025, at 6:00 p.m. During this meeting each applicant will be given the opportunity to provide a public statement to the City Council. Each applicant will be given 3 minutes to speak. The City Council reserves the right to ask follow up questions of each applicant during the meeting.
GENERAL INFORMATION.
The City of Montebello is a general-law city that operates through the Council-City Manager form of municipal government. The City Council is the legislative body responsible for the overall policies and direction for the City of Montebello, and they are the citizens’ representatives in local government. It is the City Council's responsibility to enact Ordinances, Resolutions, and orders
necessary for governing the affairs of the City, to approve or amend the annual budget, to authorize contracts on behalf of the City, act as the final appeal body on rulings of commissions, and appoint the City Manager and all members of the various commissions and committees.
The Regular Meeting of the City Council is a vital part of the democratic process in the conduct of the City's affairs. It is at City Council meetings that laws, policies, and basic decisions are enacted by the City Council. All meetings of the City Council are open to the public, and citizens are encouraged to attend to learn more about how the City operates. City Council meetings are held at the City Hall Council Chambers, 1600 West Beverly Boulevard, on the second and fourth Wednesday of each month. Additional meetings may be called as necessary. In addition to attendance at city council meetings, the individual appointed must be available to actively participate as a Council liaison to numerous external agencies and organizations and to attend city-sponsored events.
THE VACANCY.
The City Council seeks eligible candidates for appointment to fill one (1) unexpired term of the City Council seat. The selected candidates will serve through the remaining term, which expires December 9, 2026.
PUBLIC INFORMATION.
Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record immediately. This includes all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.
APPLICATIONS ARE DUE BY WEDNESDAY, JANUARY 15, 2025, BY NO LATER THAN 5:30 P.M.
Please submit a completed application and requested documents to the Montebello City Clerk’s office or via email:
DROP OFF: Montebello City Clerk’s Office
1600 W. Beverly Boulevard, Montebello, CA 90640
(Office Hours: Monday – Thursday from 8:00 a.m. – 5:30 p.m.) Please request to speak with either Kimberly Guillen, Senior Deputy City Clerk, or Nelly Ochoa, Deputy City Clerk.
EMAIL: [email protected]
(The City is not responsible for technological errors in the transmission of the application/attachments via email)
For questions regarding this application or the appointment process, please contact the Montebello City Clerk at (323) 887-1363 or at [email protected]
CANDIDATE INFORMATION
NAME (FIRST, MIDDLE, LAST)
RESIDENTIAL ADDRESS (NOTE: Cannot be a mailing address or PO Box)
TELEPHONE BUSINESS PHONE
EMAIL ADDRESS
ARE YOU A MONTEBELLO REGISTERED VOTER? YES NO
ARE YOU A RESIDENT OF MONTEBELLO? YES NO
HOW LONG HAVE YOU BEEN A RESIDENT?
ARE YOU A UNITED STATES CITIZEN? YES NO
NOTE: THE CITY OF MONTEBELLO RESERVES THE RIGHT TO USE THE INFORMATION
PROVIDED ON THIS APPLICATION TO VERIFY YOUR RESIDENTIAL ADDRESS AND VOTER REGISTRATION STATUS.
Have you ever been convicted of a crime that would
prohibit you from holding elective office pursuant to
California Elections Code Section 20?
YES NO
Are you aware of the time commitment necessary to serve on the city council, and will you have such time? Regular meeting dates are the 2nd and 4th Wednesday of each
month, with additional special meetings from time to time. YES NO
State law and the city conflict of interest code requires city council members to file a statement of economic interests (form 700) annually as well as related forms when
assuming.
And leaving office (e.g., sources of income, loans, gifts, investments, interest in real property as required by state law)
Do you agree to file all required forms in a timely manner as required by the city’s filing official?
YES NO
AN APPLICANT MAY ATTACH ANY ADDITIONAL INFORMATION THEY BELIEVES IS PERTINENT TO BEING CONSIDERED TO BE APPOINTED TO THIS POSITION. THIS
COULD INCLUDE A RESUME, CURRICULUM VITAE, STATEMENT OF BACKGROUND
AND EXPERIENCE, AND/OR STATEMENT OF QUALITIES THAT THE APPLICANT
BELIEVES MAKES THEM SUITED TO SERVE IN THE POSITION OF COUNCILMEMBER FOR DISTRICT 5.
PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
Signature of Applicant Date
CITY OF MONTEBELLO
OFFICE OF THE CITY CLERK
TO:All candidates applying for the City Council Vacancies SUBJECT:Compliance with Montebello Municipal Code §2.08.040 You have completed an application for the City Council at-large seat. Accordingly, you must comply with the provisions of Montebello Municipal Code §2.08.040, which reads as follows:
2.08.040 - Prohibition of convicted felons from holding elective office.
Any person shall be disqualified from being an elective officer of the City of Montebello if that person has been convicted of a felony. Prior to running for elective office, a candidate is required to execute, under penalty of perjury, a statement indicating the candidate has not been convicted of a felony.
In order to complete your application for City Council, you must complete and file the declaration set forth below and return the same to the Office of the City Clerk no later than 4:00 p.m. on Wednesday, January 15, 2025. Your failure to file this statement will result in your candidacy being deemed incomplete, and you will not be eligible for the Council Vacancy.
If you have any questions, please contact Kimberly Guillen at 323-887-1359. Thank you.
DECLARATION OF CANDIDATE REGARDING FELONY CONVICTION
I, ________________________________, do hereby declare that I have applied for the City Council Vacancy for the City of Montebello. Pursuant to Montebello Municipal Code §2.08.040, I am required to execute a statement, under penalty of perjury, that I have not been convicted of a felony. I do hereby state and affirm, under penalty of perjury, that I have (check one):
NOT BEEN CONVICTED OF A FELONY
BEEN CONVICTED OF A FELONY
Dated: January _____, 2025 Signature:
Print Name:
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Select Jurisdiction(s)
Estimated Result
CITY OF MONTEBELLO
2024 November General Election
$1,075.56
$22,410.07
The estimated cost is based on the cost factors below. Any changes to the election cost factors will impact the final costs for your jurisdiction.
If you need cost estimates for other elections or further assistance in using the cost estimate calculator, please contact our Election Billing team at [email protected].
Voter Count Rate Breakdown Estimated Cost
Registered Voters (RV) 5,785
Election Operations (rate * RV) $2.5429 * 5785 $14,710.68 Vote By Mail Processing (rate * RV) $0.7892 * 5785 $4,565.52 Sample Ballot Processing and Printing
Office(s)/Seat(s) (rate * No. of Offices * RV) $0.0215 * 1 * 5785 $124.38 Measures(s) (rate * No. of Measures * RV) $0.0215 * 0 * 5785 $0.00 Measure Text (rate * No. of Text Pages for all measures * RV) $0.0644 * 0 * 5785 $0.00 Voting Information (rate * RV) $0.3343 * 5785 $1,933.93 Candidate Filing and Campaign Finance (rate * No. of Candidates) $1638.3564 * 0 $0.00 Election Preparation Cost (Flat rate per jurisdiction)
CITY OF MONTEBELLO TOTAL ESTIMATE (When Consolidated w/ Primary or General) DISCLAIMER: Please note that calculating an estimate using the Election Cost Estimate Calculator is not consent or agreement to hold, consolidate or provide support services for an election. Requests from jurisdictions for any election scenario must be received in the form of an adopted resolution or other official document and considered by the Board of Supervisors and Registrar-Recorder/County Clerk at the appropriate time. For more information, please contact the Election Information and Preparation Division at [email protected].
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VOTING & ELECTIONS RECORDS COUNTY CLERK NEWSROOM PUBLICATIONS JOBS CONTACT CITY OF MONTEBELLO TOTAL ESTIMATE (Special Election) $22, 410.07 x 10 = $224,100.7
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Arnold Glasman, City Attorney
SUBJECT: ADOPT RESOLUTION NO. 25-04 RESCINDING RESOLUTION NO. 22- 73 AND OVERTURNING FINDINGS MADE BY THE CITY COUNCIL
RELATED TO THE INVESTIGATION AGAINST COUNCILMEMBER
DAVID TORRES AND CONSIDERATION OF A POLICY RELATED TO
INVESTIGATIONS AGAINST ELECTED OFFICIALS
DATE: January 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-04 which rescinds Resolution No. 22-73 and overturn the findings made by the then sitting City Council due to the deficiencies and flaws related to the manner, scope, due process and conclusions of the report and the presentation made by outside counsel to the City Council on May 3, 2022;
2. Consider adopting a policy related to City Council conduct and the process of conducting investigations of complaints against members of the City Council and other elected officials; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no anticipated fiscal impact to this item.
BACKGROUND/DISCUSSION:
Throughout 2022, an investigation was commenced by high-ranking City staff which was directed against Councilmember David Torres for alleged misconduct. Recently, facts came to light which demonstrated numerous flaws and deficiencies that placed in
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
question the manner in which the investigation was conducted and the findings presented to the City Council at a Special City Council meeting on May 3, 2022. Based upon those new facts, this matter was brought to the attention of the City Council on October 23, 2024, to consider the circumstances surrounding the investigation conducted by Special Counsel Nancy Doumanian (hereinafter referred to as the “Doumanian Report”).
At the meeting of October 23, 2024, the City Council reviewed and considered the Doumanian Report and the evaluation provided by Keith Kilmer of Four Star Investigations (hereinafter referred to as the “Kilmer Report”). The Kilmer Report identified significant facts and circumstances that placed into question the scope, manner, due process, findings and conclusions that were contained in the presentation submitted to the City Council at a Special Meeting of the City Council on May 3, 2022, by Ms. Doumanian, which was based upon a report prepared by her investigators JL Group.
Many of the facts identified in the Kilmer Report related to the fact that certain City employees were coerced or threatened to participate in the Torres Investigation of 2022 and the consequences and/or retaliation that occurred if they did not fully cooperate with the investigative efforts against Councilmember Torres.
The Kilmer Report identified facts and circumstances which include:
• The attorney (Doumanian) who was chosen to investigate Councilmember Torres was selected by parties who had filed complaints against Councilmember Torres. • It was never disclosed to the City Council that Special Counsel Doumanian had previously represented one of the complainants in defending that person in a lawsuit stemming from circumstances during that individual’s employment while working for another City.
• The retainer agreement between the City and Special Counsel Doumanian related to her services surrounding the investigation has not been located in the City’s files, nor offered by Special Counsel after being requested to produce such agreement. This is significant to determine who within the City hired Ms.
Doumanian, who she reported to, and other important elements to ensure a fair and impartial investigative process.
• Numerous City employees were being coerced into filing complaints against Councilmember Torres, even though they expressed no desire to participate or were not feeling harassed by Councilmember Torres.
• Complaints were filed on behalf of several employees by a third-party attorney, Jamon Hicks, even though those employees had never retained or authorized Mr.
Hicks to act on their behalf or to file complaints on their behalf. • The findings presented publicly on May 3, 2022 by Special Counsel Doumanian were, in part, inconsistent with the investigative report prepared by JL Group. The Doumanian presentation expressed that there were 17 complaints filed against Councilmember Torres when in fact there were only 8, of those 8 three were filed without the consent or authorization of those individuals. • The ultimate conclusion that Councilmember Torres violated numerous and significant City policies and provisions of the Municipal Code was without merit.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
After reviewing the Kilmer Report and the due process concerns identified in that report, the City Council, at its October 23, 2024 meeting, determined that the Doumanian Report should be set aside and that Resolution No. 22-73 should be rescinded.
In addition, the City Council directed the City Attorney’s office to research and present to the City Council an alternative approach of investigating complaints against members of the City Council or other elected officials.
ENVIRONMENTAL:
N/A
ANALYSIS:
The action of adopting the attached Resolution would result in the findings that the Doumanian Report was flawed, biased and riddled with flaws and deficiencies. The previous Resolution No. 22-73 would be rescinded and set aside.
The City Council would review and consider adopting policies related to conduct by elected officials and establish a protocol for conducting investigations stemming from complaints brought against City Council members and other elected officials. At the forefront of this policy is preserving due process at all stages of the investigation. A proposed policy is provided based upon the review and analysis of other public agencies.
SUMMARY:
It is recommended that the City Council adopt Resolution 25-04 (Attachment A) which will among other elements, rescind Resolution 22-73. It is also recommended that the City Council adopt the policy presented or provide changes or direction relative to the proposed policy (Attachment B).
ATTACHMENT(S)
1. Attachment A - Resolution No. 25-04
2. Attachment B - Draft Code of Ethics - Protocols
ATTACHMENT A
RESOLUTION NO. 25-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, RESCINDING RESOLUTION NO. 22-73 AND OVERTURNING
FINDINGS MADE BY THE CITY COUNCIL RELATED TO THE INVESTIGATION
AGAINST COUNCILMEMBER DAVID TORRES
WHEREAS, on May 3, 2022, a presentation was made to the then City Council by Special Council Nancy Doumanian related to an investigation conducted by JL Group (collectively the “Doumanian Report”) concerning alleged complaints against Councilmember David Torres;
WHEREAS, as a result of the presentation of the Doumanian Report the then City Council adopted Resolution No. 22-73 which expressed its dissatisfaction with Councilman Torres and admonished him accordingly;
WHEREAS, subsequent to the adoption of Resolution No. 22-73 facts came to light which were investigated by an independent investigator resulting in the finding that the Doumanian Report contained numerous deficiencies and flaws related to the manner, scope, due process and conclusions of the Doumanian Report and the presentation submitted at the City Council meeting of May 3, 2022, and WHEREAS, the City Council at its Council meeting of October 23, 2024, the City Council reviewed the report and findings presented by the independent investigator, Keith Kilmer of Four Star Investigations, and determined that the Doumanian Report and the subsequent findings set forth in Resolution No. 22-73 were biased and flawed and should be set aside for the following reasons:
•The attorney (Doumanian) who was chosen to investigate Councilmember Torres was selected by parties who had filed complaints against Councilmember Torres.
•It was never disclosed to the City Council that Special Counsel Doumanian had previously represented one of the complainants in defending that person in a lawsuit stemming from circumstances during that individual’s employment while working for another City.
•The retainer agreement between the City and Special Counsel Doumanian related to her services surrounding the investigation has not been located in the City’s files, nor offered by Special Counsel after being requested to produce such agreement. This is significant to determine who within the City hired Ms. Doumanian, who she reported to and other important elements to insure a fair and impartial investigative process. •Numerous City employees were being coerced into filing complaints against Councilmember Torres, even though they expressed no desire to participate or were not feeling harassed by Councilmember Torres. •Complaints were filed on behalf of several employees by a third-party attorney, Jamon Hicks, even though those employees had never retained
RESOLUTION NO. 25-04
or authorized Mr. Hicks to act on their behalf or to file complaints on their behalf.
•The findings presented publicly on May 3, 2022 by Special Counsel Doumanian were, in part, inconsistent with the investigative report prepared by JL Group. The Doumanian presentation expressed that there were 17 complaints filed against Councilmember Torres when in fact there were only 8, of those 8 three were filed without the consent or authorization of those individuals.
WHEREAS, the ultimate conclusion that Councilmember Torres violated numerous and significant City policies and provisions of the Municipal Code was without merit which the City Council approved and confirmed such conclusion and finding at its City Council meeting of October 23, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby states that due to the deficiencies and flaws contained in the Doumanian Report and the lack of due process in such investigative process, Resolution No. 22-73 which was adopted due to the findings set forth in the Doumanian Report should be set aside and rescinded.
SECTION 3. The City Council rescinds Resolution No. 22-73 and sets aside all elements and findings contained in such Resolution and findings concluded in the Doumanian Report as adopted by the then City Council.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any circumstance is held invalid, such invalidity shall not affect other provisions or the applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY 2025.
Salvador Melendez, Mayor
RESOLUTION NO. 25-04
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. 25-04 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 Special Meeting of said Council held on the 8th day of January 2025 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
1 POLICY REGARDING INVESTIGATIONS CONCERNING COMPLAINTS AGAINST
COUNCILMEMBER AND OTHER CITY ELECTED OFFICIALS
Statement of Purpose
The residents of the City are entitled to responsible, fair, honest, and ethical City government. Councilmembers and all elected officials should conduct their official affairs so as not to give a reasonable basis for the impression that any such official can be improperly influenced in the performance of their public duties or that such conduct creates a hostile work environment. The City’s Core Ethical Principles of Respect, Equitable Treatment, Impartiality, Honesty, Responsibility, and Trustworthiness are at the forefront of the City’s values and policies of all elected officials. Violations of these guidelines, and, in particular, this policy, are considered serious offenses and will generally result in the Council taking actions against an offending councilmember or other elected official, including censure, as detailed below.
Responsibilities of Public Office
1.Comply with the Law. Councilmembers and other elected officials must comply with the laws of the nation, the State of California, and the City in the performance of their duties.
2.Conduct of the Councilmembers and other elected officials. The professional and personal conduct of Councilmembers and other elected officials must avoid the appearance of impropriety. Councilmembers must refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other Councilmembers, other elected officials, Council Advisory Boards, Commissions, and Committees, the public, and staff. Respect for each other, the institution, the staff, and the public, is critical to maintaining an environment where free and open discussion leads to better decision-making for the City. As such, the City Council, other elected officials, boards and commisions and each of its members will act respectfully at all times.
Elected Official’s Relation with City Staff
Councilmembers and other elected officials must respect the Council-Manager form of government. The City Manager implements Council’s vision, policies, and goals through the City staff and is responsible for directing the day-to-day operations of the City. Councilmembers value partnering and collaborating with the City Manager and the City organization to achieve the community’s vision. The Council-Manager relationship is affected by the expectations, styles, and personalities of the Council and Manager who are in place at the time. Despite the value of partnership and
2 collaboration, these policies are intended to establish boundaries and expectations based upon the role of the City Manager as set forth by the City Code and the Council- Manager form of government structure. As such, they transcend individual personalities and styles that might affect their implementation.
The City Council is committed to prohibiting all forms of harassment and discrimination in the workplace. Councilmembers and other elected officials must treat all persons fairly, free of discrimination and of personal and sexual harassment.
The Council must understand that the City Manager and staff are responsible for implementing City and/or City Council action. The Council should not direct program administrative functions and implementation; rather it should provide policy guidance to the City Manager.
Councilmembers should communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address such questions before the meeting, resulting in a more efficient meeting discussion.
Councilmembers should not direct the City Manager or City staff to initiate any action, change a course of action, or prepare any report without the approval of the Council. The City Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to Council direction.
Councilmembers should direct any concerns related to the behavior or work of a City employee to the City Manager. Councilmembers should not reprimand employees directly nor should they communicate their concerns publicly.
Complaints and Policy Violations
1.Complaints Against Councilmembers
A complaint naming a Councilmember or other elected official regarding a violation of these Protocols or other City policies may be filed with the Mayor, the City Manager, the City Attorney, or Human Resources. If a complaint was not filed directly with the City Manager or City Attorney, it will be promptly forwarded to him/her. Within thirty days of receipt of the complaint, the City Manager and City Attorney will bring the complaint to Council (except for the named Councilmember or elected official).
The named Councilmember/elected official will have the opportunity to respond to the complaint orally or in writing as part of the City Council’s review of the complaint.
After reviewing the complaint and considering the response of the named Councilmember/elected official, if any, if the Council determines a policy violation
3 occurred, it may direct the Mayor to make an Admonishment (as defined in Section
2.a. below). Or, when deemed warranted, the Council may direct the City Manager and/or City Attorney to initiate an investigation by a neutral investigator that is authorized under the law to conduct investigations. The City Attorney will review the findings of the investigation and, within thirty days of receipt of the investigator’s final findings, review them with Council (except for the named Councilmember or elected official).
Unless otherwise relevant and allowed under open meeting laws, Council’s discussion will generally be limited to the complaint, the investigation (if any), and whether any policy violations have occurred. If anticipated or pending litigation is the subject matter of the review of the complaint it may be reviewed in closed session subject to the limitations or provisions of the Brown Act, but no final action against a Councilmember or elected official shall be made by made in closed session. The councilmember or elected official shall not participate in the evaluation of the complaint reviewed in closed session or shall attempt to influence the outcome of such findings other than to present their statement in open session or as part of their response to the complaint during the review process expressed herein.
2.Potential Council Actions
If, after reviewing a complaint or findings of an investigation, the Council determines that a policy violation occurred, it may undertake one or more of the following actions:
a.Admonishment: This is the least severe form of action. An admonishment is a reminder directed to all Councilmembers or elected official that a particular type of behavior is in violation of City policy and that, if it occurs or is found to have occurred, could make a Councilmember or elected official subject to a higher level of action. An admonition may be issued by the Council prior to any investigation into a complaint, and, because it is a warning or reminder, does not require a separate hearing to determine whether the complaint is true.
b.Warning to Named Councilmember or elected official: This is the next most severe form of action. This warning to a particular Councilmember or elected official should be used for cases in which the Council determines, based on review of the findings of an investigation, a policy violation occurred, but the violation is considered not sufficiently serious to warrant censure. The matter will be properly agendized, and the Council will make a motion and vote during a public meeting whether to issue the warning. The named Councilmember(s) or elected official will be provided appropriate notice and, prior to the vote on the motion, an opportunity to provide a written or verbal response to the complaint(s). A warning to the named
4 Councilmember or elected official is distinguished from censure in that it is not a punishment.
c.Censure: Censure is the most severe form of action. Censure is a formal statement of the Council officially reprimanding one of its members and may be combined with other actions, including but not limited to, loss of committee assignments, suspension of City-sponsored attendance at conferences, meetings, workshops, seminars and similar gatherings, or removal of other privileges deemed appropriate by Council. Censure should be used for cases in which the Council determines, based on review of the findings of an investigation, the policy violation is a serious offense.
A decision to censure requires Council to adopt a Resolution and make findings regarding policy violations at a public meeting. Prior to the adoption of the Resolution, the named Councilmember or elected official will be provided sufficient notice and the opportunity to provide a written or verbal response to the complaint. After the named Councilmember or elected official provides a written or verbal response to the complaint, if any, the majority of the Council may vote not to adopt the Resolution but may decide to issue a lower action against the named Councilmember or elected official.
To protect the overriding principle of freedom of speech, the Council will not impose censure on any of its members or other elected officials for the exercise of their First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing herein may be construed to prohibit the Council from collectively condemning and expressing their strong disapproval of such remarks.
3.Due Process
In all instances, the Council shall ensure that all due process requirements are met.
The City Attorney may recommend variations to procedures to ensure due process.
4.De-escalation/Informal Resolution
In addition to the actions above, the Council is encouraged to take steps to de- escalate the behavior that could lead to a complaint before a complaint is filed and consider addressing the complaint informally, if appropriate, in an effort to bring the named Councilmember or elected official into compliance with this Code.
5.Violations of Law
Any violations of applicable laws as referred to in these Protocols, which include, but are not limited to, violations of the United States and California Constitutions, United
5 States and California codes, regulations, interpretive administrative findings and relevant case law, may be reported to the appropriate governing agencies.
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: RESCIND AWARD AND AGREEMENT NO. 4230 WITH KYA SERVICES
LLC FOR THE TRANSPORTATION FACILITY RESTROOM
RENOVATION PROJECT AND REJECT ALL BIDS RECEIVED FOR
THE TRANSPORTATION FACILITY RESTROOM RENOVATION
SERVICES REQUEST FOR PROPOSALS (RFP) NO. 24-24 IN
ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22160, ET
SEQ.
DATE: January 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Rescind award and Agreement No. 4230 with KYA Services LLC (KYA Services) for the Transportation Facility Restroom Renovation Project; and,
2. Reject all bids received for the Transportation Facility Restroom Renovation Services Request for Proposals (RFP) No. 24-24; and,
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There recommended actions do not have any fiscal impact.
BACKGROUND/DISCUSSION:
On July 24, 2024, the City Council approved releasing RFP No. 24-24 (Attachment A).
On September 5, 2024, the RFP closed, yielding four (4) bids. Each vendor was evaluated on a rubric, with KYA Services receiving the highest cumulative score. On November 27, 2024, the City Council approved Agreement No. 4230 with KYA Services for a total not-to-exceed amount of $1,499,182, for the Transportation Facility Restroom
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
Renovation Project (Attachment B).
A subsequent review of the RFP process revealed a potential violation of the Public Contract Code related to the procurement method utilized. The City intended to procure both design and construction from a single entity, requiring use of the design-build method under Public Contract Code Section 22160, et seq. This process mandates a Request for Qualification (RFQ) to prequalify bidders before issuing an RFP.
The City inadvertently overlooked this design-build requirement, leading to a significant oversight in the RFP process. This omission is a potential violation of Section 22160. To ensure the City is compliant with the design-build requirements in accordance with the law, staff is recommending that the City Council consider rescinding the award to KYA Services and rejecting all bids received for RFP No. 24-24. It should be noted that a final agreement with KYA Services was never executed, as such, no Notice to Proceed was ever issued. The City will consider a new RFP process at a future date.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council rescind the award and Agreement No. 4230 with KYA Services for the Restroom Renovation Project; reject all bids received for RFP No. 24-24; and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A - RFP No. 24-24
2. Attachment B - Agreement No. 4230
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 24-24
TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
July 25th, 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
TABLE OF CONTENT
ATTACHMENT A
RFP No. 24-24
2 Montebello Bus Lines
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 7
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
State Credentials 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 – STATE AND LOCAL REQUIREMENTS 17-18 SECTION 4 – OTHER REQUIREMENTS 19-20 Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 5 - SCOPE OF WORK 21-23
SECTION 5 - QUALIFICATIONS 24
SECTION 6 - FORM OF CONTRACT (SAMPLE) 25-36
RFP No. 24-24
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SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 37
EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
RFP No. 24-24
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INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from highly qualified contractors to provide restroom renovation services to the Administration and Maintenance Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans , heating and cooling systems, etc.), with modern fu nctional restroom equipment and supplies to serve the sanitary needs of the department.
The city operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third -largest municipal bus system in Los Angeles County, MBL proudly serves 2.6 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
The City’s intent of this Request for Proposal (RFP) is to solicit a contractor to renovate the restrooms in the Administration and Maintenance Division at the Transportation Facility. These restrooms, part of the original building constructed over 25 years ago, have never been renovated and now require updated equipment and maintenance services. The city seeks to form a partnership with a contractor committed to delivering exceptional results while adhering to safety and environmental standards. The City reserves the right to increase or decrease the quantity listed and to delete any item from the contract.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
RFP No. 24-24
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DATE: July 25th, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-24
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
The City of Montebello (City) , Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced contractors, licensed in the State of California, to renovate the restrooms in the Transportation Maintenance Division. The project's scope of work is to remove and replace existing fixtures, preexisting water damage, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc. ), with modern functional rest room equipment and supplies to serve the sanitary needs of the department. The selected contactor will be responsible for providing design, permits, labor, construction supervision, safety regulations, commercial grade material fixtures, tools, alternative restrooms (trailer/portable) and equipment necessary to complete the renovation.
The term of the proposed agreement shall be a one year term, with the option to extend for an additional two (2), one-year (1-year) terms, commencing upon the date of execution between the City and the successful contractor.
A Pre-Proposal Meeting will be held on Wednesday, August 14, 2024. The meeting will convene at 3:00pm Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.
It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designat ed representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Robert Fierro
Title: Management Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.1115
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, employee, or City department other than the City’s Point of Contact 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.
RFP No. 24-24
6 Montebello Bus Lines
Proposals must b e received by 3:00pm Pacific Standard Time , on Thursday, September 5 , 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 sub-contracts financed in part or in 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 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 and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: 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
RFP No. 24-24
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TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday July 25th, 2024
Pre-Proposal Meeting Tuesday August 14th, 2024, at 3:00PM PST Deadline to Submit Questions Tuesday August 20th, 2024, at 3:00 PM PST Responses to Questions Provided Thursday August 27th, 2024 Deadline to Submit Proposals Thursday September 5th, 2024, at 3:00 PM PST Presentations & Intent to Award September/October
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 # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
RFP No. 24-24
8 Montebello Bus Lines
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, September 5th, 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 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 clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right 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. Proposer 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. Any and 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 and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
RFP No. 24-24
9 Montebello Bus Lines
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 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 t he requirements set forth 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. Said addendum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.
All questions, clarifications or comments must be submitted to or no later than 3:00 pm, Tuesday, August 20th, 2024. No questions will be answered individually by the City or Transportation Departments.
Requests for clarification, questions and comments must be clearly posted on the PlanetBids 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.
Every attempt will be made to provide responses 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. 24-24
10 Montebello Bus Lines
DISCREPANCIES AND MISUNDERSTANDINGS
Proposing companies must satisfy themselves by personal examination of any work site, 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 perfo rmed. 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 completi on 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 prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to 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 may 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. Certified letter is to be included in the proposal accompanied with 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.
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11 Montebello Bus Lines
· 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 prior to date of 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; and/or
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether 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 contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
RFP No. 24-24
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COMPANY PERSONNEL
It shall be the burden of the successful proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful proposer’s personnel shall always conduct themselves in a professional manner to all City employees. Rude or discourteous behavior by the successful proposer will not be tolerate d and the offense can be justification for termination of contract. All subcontractors of successful proposer shall abide by all the requirements set forth 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 in order 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 in a timely manner. The city is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful proposer.
RFP No. 24-24
13 Montebello Bus Lines
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 time period specified in the Request for Proposal. In case the services under the terms of these provisions and related p rofessional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: 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 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 Contractor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to 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 Contractor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the Contractor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The contractor shall be liable for all costs incurred by MBL because of such default.
SCOPE OF CONTRACT
The Contractor 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 pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services
RFP No. 24-24
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of the type prescribed. Any items omitted from such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) 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 shal l 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 RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the proposal Evaluation Criteria set forth in 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 Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
RFP No. 24-24
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City of Montebello Transportation Department
Attention: Robert Fierro
Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical ap proach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the proposer can meet the insurance requirements in the RFP sho uld be attached to proposal.
• Proposer has demonstrated evidence of good standing. If the proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such e vidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the proposer is operating under a fictitious name or trade name, provide evidence that the proposer has filed for and/or registered the fictitious name with the county where the proposer’s business is located.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then present the cost and p rice proposals and evaluate and score them accordingly.
During the qualitative evaluation, the committee, at its sole discretion, may contact any or all the proposers with specific questions or requests for clarification. After both the qualitative and cos t/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide
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that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The committee may ask the proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will b e rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the proposer’s knowledge of the standards outlined in the Scope of Work.
20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of Restroom Renovation Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing Restroom Renovation Services projects of the same or similar magnitude. Presentation of a catalog of Restroom demolition and construction experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance o bjectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
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SECTION 3 – STATE AND LOCAL REQUIREMENTS
COMPLIANCE WITH THE LAW
The contractor shall at a ll times observe and comply with all applicable laws, ord inances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. Owner, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section.
PREVAILING WAGES
The contractor is aware of the requirements of California Labor Code (“Labor Code”) section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Professional Services are being performed as part of an applicable “public works,” as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Owner shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of the contemplated agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Professional Services available to interested parties upon request, and shall post copies at Contractor’s principal pl ace of business and at the project site. The Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The Contractor and each subcontractor shall forfeit as a penalty to Owner not more than Two Hundred Dollars and Zero Cents ($200.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between su ch stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
PAYROLL RECORDS
In accordance with the requirements of Labor Code section 1776, the Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. In the event of noncompliance with the requirements of this Section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day (10) period, Contractor shall, as a penalty to Owner, forfeit not more than One Hundred Dollars and Zero Cents ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.
Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor.
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HOURS OF WORK
Pursuant to the provisions of the Labor Code, eight (8) hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight (8) hours during any one calendar day, and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one (1) and one -half (1-1/2) the basic rate for all hours worked in excess of eight (8) hours per day (“Eight-Hour Law”), unless Contractor or the Services are not subject to the Eight -Hour Law. Pursuant to section 1813 of the Labor Code, Contractor shall forfeit a penalty of Twenty-Five Dollars and Zero Cents ($25.00) per worker for each day that each worker is permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Contractor acknowledges, understands and warrants that it is, or will registered with the Department of Industrial Relations (“DIR”) in accordance with Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
CLASSIFICATION OF CONTRACTOR'S LICENSE
The Contractor acknowledges and understands that it shall possess a license to perform the public work contemplated herein. Public Contract Code section 3300. The Contractor further acknowledges and understands that it shall possess the proper license at the time the contract is awarded, not at the time the bid is submitted or opened. Public Contract Code section 6100. The Contractor and/or sub-contractor shall possess the following types of contractor’s license (s) to perform the work pursuant to this Agreement:
• A – “General Engineering” or B – “General Building Contractor” • C-10 – “Electrical Contractor”
INELIGIBLE CONTRACTOR OR SUBCONTRACTOR
The Contractor acknowledges and understands that performance of work on a public works project with a subcontractor who is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited. Public Contract Code section 6109(a).
CONTRACT WITH DEBARRED SUBCONTRACTOR IS VOID
The Contractor acknowledges and understands that any agreement on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to worker s of a debarred subcontractor who has been allowed to work on a project. Public Contract Code section 6109(b).
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APPRENTICES
If Labor Code section 1777.5 applies to the contemplated Services, the Contractor and any subcontractor hereunder who employs workers in any apprentice able craft or trade shall apply to the joint apprenticeship council administering applicable standards f or a certificate approving the Contractor or any subcontractor for the employment and training of apprentices.
SECTION 4 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Contractor shall be licensed , bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each, and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $150 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 5% of the bid price.
In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s dam ages occasioned by s uch withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
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The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
Performance Guarantee
A Performance Guarantee in the amount of 25% of the Agreement value is required by the city to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.
The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from the Agreement execution ( Exhibit I . Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as describe d hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The city may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.
If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 25% of the Agreement value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.
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SECTION 5 – SCOPE OF WORK
Background
The City of Montebello and Montebello Bus Lines (MBL) are seeking proposals from highly qualified contractors to renovate the restrooms in the Maintenance and Administration Division at the Transportation Facility. These restrooms, part of the original building constructed over 25 years ago, have never been renovated and now require updated equipment and maintenance services.
Recently, the city completed Phase 1 of the renovation project, which included renovating four restrooms in the Operations Division at the Transportation Facility. The city is now prepared to begin the second phase.
Project Overview
The objective of this project is to renovate the restrooms in the Transportation Administration and Maintenance Division The selected contractor will remove and replace existing fixtures, preexisting water damage, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heat ing and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department. The contractor will be responsible for providing design, permits, labor, construction supervision, safety regulations, commercial grade material fixtures , tools, alternative restrooms (trailer/portable) and equipment necessary to complete the renovation.
The contractor will provide the following deliverables, subject to prior MBL approval, according to a schedule approved by the project manager. Typically, this will consist of business hours from 7:30 AM to 5:30 PM (Pacific Standard Time), Monday through Friday. The deliverables are as follows:
• Evaluation: The contractor will be responsible for assessing the current conditions of the bathroom layout, structure, stalls, equipment, piping and plumbing, lighting, fixtures, etc. This evaluation shall include and identify, but not be limited to: room dimensions, door and/or window openings, room finishes, all bath and toilet fixtures, waste, drains, vent and water supply piping, floor drains, heating and/or cooling outlets, emergency and area light fixtures and electrical devices
• Design: The contractor will provide MBL management staff with design plans and recommendations to increase efficiency while improving the ambiance of each room. The contractor will provide a project schedule, including a trailer/portable restroom schedule, that will ensure that MBL staff are never without access to a usable washroom.
• Demolition/Disposal: The contractor will be responsible for the demolition of all existing tiles and other materials to rebuild the bathrooms. This includes removal/disposal of all fixtures, such as toilets, urinals, countertops, partitions, light fixtures, vents, and plumbing fixtures.
• Repairs: The contractor will make necessary repairs to the structure upon discovering any damage, with approval from MBL staff.
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• Waterproofing: The contractor will waterproof the showered areas and ensure the waterproofing is in compliance with the building code requirements for the state of California, using suitable techniques according to industry standards.
• Shower and wall tiling: The contractor will tile the showers to the full height of the wall and shower.
• Stall partitions: The contractor will remove and replace all stall partitions for toilets and urinals, ensuring that everything is installed symmetrically.
• Lockers: The contractor will assess the condition of existing lockers, determine the need for new lockers or painting, procure the necessary materials, and carry out the installation or painting to ensure a refreshed and functional locker area.
• Countertops and plumbing: The contractor will add new washbasins and plumbing for all bathrooms.
• Fire system: The contractor will protect in place all fire system devices.
• Drywall, prep surfaces, and paint: The contractor will be tasked with the installation of drywalls, preparation of surfaces, painting locker and painting all non -tiled surfaces within the restroom that require paint.
• Light fixtures and vents: The contractor will remove and replace all light fixtures and vents in the bathroom.
• ADA Compliance: The contractor is responsible for ensuring that restrooms are handicapped accessible and demonstrate complete ADA compliance.
Flooring: The contractor will apply either a Polished concrete or Epoxy finish on project per managers approval. Technical Specifications
The Contractor deliverables should include the following (consumer grade material or equivalent):
• TILE – (x2 Restrooms)
o Dalitile Emser Tile Color TBD 2" x 2" Floor
o Dalitile Emser Tile Color TBD 2" x 2" Shower Floor
o Dalitile Emser Tile Color TBD 12" x 24" Walls
o Schluter Dilex AE Cove Pieces
o Schluter Dilex Scheine Corners Inside and Outside
o Schluter Schiene AE Tile Trim
o Float Floor 1"-2" TCNA F112
o RG RedGard Waterproofing and Crack Isolation Membrane Roll On
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• PLUMBING
o Reconfigure Plumbing
o Install New Shower Fixtures (Individual shower valve shut offs) o New Urinals
o New Toilets
o New Lavatory’s
o New Trap Primers
o Excavation and Sand Backfill
o Provide access Panes for plumbing
• PAINTING
o Painting of ceiling, door jams, and any other non -tiled services requiring painting within the Restrooms and lockers including primers and other relevant prep work.
• TOILET SCREENS
o Toilet Compartments and Screens Restrooms
o Restroom accessories per plans & specs
• MIRRORS
o The contractor will procure and install full -body mirrors, ensuring secure and accurate placement according to specified locations.Soap Dispensers o The contractor will procure and install soap dispensers, ensuring they are securely mounted and properly functioning in designated areas.
• ELECTRICAL
o Restrooms Demo all the lights and install the new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and exchange fan 10.5W
o Install new light switches.
o All Lights Surface mounts will be removed, and new lights will be installed with light sensors.
Clean Up
The Contractor shall keep the premises and surrounding area free from the accumulation of waste materials or rubbish caused by operations under the agreement. At the completion of the SOW, the Contractor shall remove and clean up all byproducts, debris, and rubbish caused by the operations under the agreement. If the Contractor fails to clean up, the City may do so, and the cost thereof shall be charged to the Contractor.
Testing and Acceptance
Following the renovation, the Contractor shall perform an acceptance test. A test outline shall be provided to MBL for approval prior to performing the test. The test program shall show that the equipment meets all of the conditions described by the specification and that the equipment will perform as intended.
Warranty
a) Upon completion of the renovation, the awarded Contractor shall provide twelve (12) months of warranty repairs against manufacturing defects in materials, function, and workmanship.
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b) Warranty repairs shall include materials, freight of any kind, travel expenses, mileage, labor, and any other related expenses necessary to correct defects.
c) In the event of an equipment malfunction or/and any defects during the warranty period, the Contractor will be required to repair any such issue within five (5) days of notification.
SECTION 6 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and present projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
• Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non -compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
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SECTION 7 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2024, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “ CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional CONTRACTOR to provide restroom renovation services to the Administration and Maintenance Division at the Transportation Facility (“Project”); and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals dated July 25, 2024 (RFP No. [24-24]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-24, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. 24-24 dated ……………., 2024, attached hereto as Exhibit “B”. d. CONTRACTOR’S “Best and Final Offer” to RFP No. 24-24 dated ……………., 2024, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
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SECTION 2. SERVICES / COMPENSATION.
A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. CONTRACTOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defectiv e, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of one year with the option to extend for an additional four (4), one year periods.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
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D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Contractors, or sub-contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 5. WORK PRODUCT.
A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the CONTRACTOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
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SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non -refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
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SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.
Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensati on paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -contractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONTRACTOR or any employee, agent, or sub -contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello
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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 CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expen ses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONTRACTOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s
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profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) ye ars after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTRACTOR shall require each of its sub-contractors, if any, to maintain insurance coverage that meets all requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days for non -payment) prior written notice.
CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All policies r equired under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self -insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
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All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR and CONTRACTOR’s employees, agents or sub -contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of CONTRACTOR to comply with this section.
SECTION 16. CALIFORNIA LABOR CODE
A. Licenses, Permits, Fees, and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law of the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties or interest levied, assesse d or imposed against CITY hereunder. CONTRACTOR shall be responsible for all subcontractors’ compliance with this Sub - Section 18(A).
B. Prevailing Wage Laws.
i. In accordance with California Labor Code (“Labor Code”) section 1770 et seq., the director of the Department of Industrial Relations (DIR) of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreem ent. A copy of the general prevailing wage rate determination is on file in CITY’s Department of Public Works (“Public Works”) and is hereby incorporated in this Agreement. CONTRACTOR is required to post a copy of such wage rates at all times at the contract site. ii. In accordance with the provisions of Labor Code section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty -Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. The statutory penalties for failure t o pay prevailing wage or to comply with State wage and hour laws will be enforced.
iii. CONTRACTOR also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply with
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all statutory requirements relating to the employment of apprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6. iv. CONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.
v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.
C. Contractor Registration with DIR. Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, be awarded a public works contract or engage in the performance of any contract for public work (as defined by Division 2, Part 7, Chapter 1 of the Labor Code (section 1720, et seq.)), unless currently registered and qualified to perform public work pursuant to Section 1725.5. In compliance with Labor Code Section 1771.4, Contractor is required to post job site notices required by law.
D. Type of Contractor License(s). CONTRACTOR shall possess the following types of contractor’s license(s) to perform the work pursuant to this Agreement:
• [INSERT CLASS – INSERT LICENSE TITLE]
• [INSERT CLASS – INSERT LICENSE TITLE]
E. Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1771.1, 1777.1, or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
F. Workers’ Compensation. CONTRACTOR must secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement as provided in Labor Code sections 1860 and 3700. CONTRACTOR must sign and file a statutorily prescr ibed statement acknowledging its obligation so secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement before beginning work pursuant to Labor Code Section.
SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered , identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increa se in the amount of total compensation payable to CONTRACTOR under the Agreement.
SECTION 18. 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.
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SECTION 19. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 20. 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 21. 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 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 22. 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.
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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 s hall 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 agreemen t referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 23. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 25. CONFLICT OF INTEREST.
CONTRACTOR and its officers, employees, associates and sub -contractors, if any, shall comply
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with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, 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.
CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate contractor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by CONTRACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 26. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of C ONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes for the delay. CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of CITY such delay is justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.
SECTION 27. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
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CITY OF MONTEBELLO CONTRACTOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 8 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 24-24
TRANSPORATION FACILITY RESTROOM RENOVATION SERVICES
In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall only proceed with the work upon receipt of a Notice to Proceed.
The proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
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The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
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(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
RFP No. 24-24
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.24-24, TRANSPORTATION FACILITY RESTROOM
RENOVATION SERVICES
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, co sts, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (col lectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 24-24 TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent , or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
RFP No. 24-24
Montebello Bus Lines
EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
RFP No. 24-24
Montebello Bus Lines
EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage s and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
RFP No. 24-24
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 24-24
EXHIBIT D
RFP No. 24-24
TRANSPORTATION RESTROOM RENOVATON SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “ Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.
Quantity Description of Work Cost of Needs
Lump sum Evaluation and Design $
Lump sum Demolition and removal of existing equipment $ Lump sum Waterproofing and other Infrastructure setups $ Lump sum Plumbing $
Lump sum New Restroom equipment and installation $
Lump sum Electrical installation cost $
Lump sum Painting $
TOTAL
$
: Description Cost/Fees
List other costs/fees:
RFP No. 24-24
Montebello Bus Lines
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
RFP No. 24-24
Montebello Bus Lines
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
RFP No. 24-24
Montebello Bus Lines
EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
RFP No. 24-24
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
RFP No. 24-24
Montebello Bus Lines
EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
RFP No. 24-24
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:
Authorized Signature:
Title:
Date:
RFP No. 24-24
Montebello Bus Lines
EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragr aph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amo unt payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
RFP No. 24-24
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
RFP No. 24-24
Montebello Bus Lines
EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
RFP No. 24-24
Montebello Bus Lines
EXHIBIT K
Bank Draft
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4230
WITH KYA SERVICES, LLC
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on November 13, 2024 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and KYA SERVICES, LLC (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 professional Contractor to provide restroom renovation services in response to Request for Proposal No. 24- 24 ("RFP No. 24-24") at the Montebello Bus Lines' facility in the CITY; and WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
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:
1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
2. RFP No. 24-24
3. CONTRACTOR's proposal and Best Final Offer received by the CITY.
4. All other documents, including but not limited to all applicable bonds, insurance certificates, 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 prov1s1ons of the Request for Proposals for Restroom Renovation RFP 24-24 in the City of Montebello on July 25, 2024 ("Request for Proposals"), as such is set forth fully in Exhibit "A" 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
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT NO. 4230
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.
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
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: ADOPT RESOLUTION NO. 25-03 TO AUTHORIZE SUBMITTING AN
APPLICATION TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR GRANT FUNDING FROM THE
SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM
DATE: January 8, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-03 to authorize submitting an application to California Department of Transportation (CalTrans) for grant funding from the Sustainable Transportation Planning Grant (STP Grant) Program; and
2. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to submitting an application to Caltrans for the Sustainable Transportation Planning (STP) Grant. Should the City of Montebello be selected as a grant recipient, a subsequent City Council action will be required to appropriate the grant funds. A staff report will be prepared requesting appropriate City Council consideration at that time.
BACKGROUND/DISCUSSION:
The City has long been committed to advancing sustainable transportation and enhancing mobility options for its residents and visitors. In accordance with this commitment, the City intends to submit an application to Caltrans for funding from the STP Grant Program, specifically the Sustainable Communities Grant. These grants encourage local and regional planning efforts that support sustainable transportation
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 8, 2025
practices, reduce greenhouse gas emissions, and address connectivity deficiencies.
Grant funding from the STP Grant Program will enable the City to conduct comprehensive planning efforts including, but not limited to, feasibility studies, community engagement, and preliminary designs. These efforts will provide the foundation for the strategic implementation of transit mobility hubs that integrate multiple modes of transportation and fixed route transit enhancements. Transit mobility hubs will help make travel easier, more efficient, and more importantly, support the City’s vision for an environmentally friendly and connected local and regional community.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council adopt Resolution No. 25-03 (Attachment A) authorizing submittal of an application to Caltrans for grant funding from the STP Grant Program (Attachment B); and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – Resolution No. 25-03
2. Attachment B – Caltrans STP Grant Program – Grant Application Guidelines
ATTACHMENT _A_
RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AUTHORIZING THE SUBMISSION OF
AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR GRANT FUNDING FROM THE SUSTAINABLE
TRANSPORTATION PLANNING GRANT PROGRAM
RECITALS
WHEREAS, the California Department of Transportation (Caltrans) offers grant funding through its Sustainable Transportation Planning Grant (STP Grant) Program – to support sustainable transportation practices, reduce greenhouse emissions, and enhance community connectivity; and
WHEREAS, the Caltrans STP Grant’s Sustainable Communities Grant focuses on supporting transportation planning projects that advance sustainability, equity, and climate goals at the community level; and
WHEREAS, STP Grant funding will enable the City to conduct comprehensive planning efforts including but not limited to, feasibility studies, community engagement, and preliminary designs; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
APPROVES THE SUBMISSION OF AN APPLICATION TO CALTRANS FOR THE STP GRANT; AND
SECTION 1. APPROVALS AND CERTIFICATIONS.
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the projects included in this application, sufficient funds to complete the projects; and
2. Certifies that if funding is awarded, the Applicant has or will have sufficient funds to operate and maintain the projects; and
3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines; and
SECTION 2. That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY 2025.
RESOLUTION NO. 25-03
_______________________________
Salvador Melendez, 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. 25-03 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 8th day of January 2025 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
Grant Application Deadline January 22, 2025
Submit Application via Smartsheet Form
CALIFORNIA DEPARTMENT OF TRANSPORTATION
DIVISION OF TRANSPORTATION PLANNING
Fiscal Year 2025-26
GRANT APPLICATION GUIDE
Sustainable Communities,
Strategic Partnerships and
Climate Adaptation Planning
SUSTAINABLE TRANSPORTATION
PLANNING GRANTS
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
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Updated October 2024
TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................... i-ii
1. GRANT PROGRAM OVERVIEW ....................................................................................... 1 Sustainable Transportation Planning Grant Summary Chart .................................................. 2 Grant Program Objectives and Considerations ...................................................................... 5
2. SUSTAINABLE COMMUNITIES COMPETITIVE AND TECHNICAL...................................... 9 Purpose and Specific Objectives .............................................................................................. 9 Example Project Types .............................................................................................................. 10 Eligible and Ineligible Activities and Expenses ....................................................................... 13 Tips for Successful Sustainable Communities Grant Applications ........................................ 14
3. SUSTAINABLE COMMUNITIES FORMULA ...................................................................... 19 Purpose and Specific Objectives ............................................................................................ 19 Guidance and Approval Process ........................................................................................... 20 Example Project Types .............................................................................................................. 20 Eligible and Ineligible Activities and Expenses ....................................................................... 21 Formula Grant Allocation Estimates ........................................................................................ 21
4. CLIMATE ADAPTATION PLANNING .............................................................................. 22 Purpose and Specific Objectives ............................................................................................ 22 Example Project Types .............................................................................................................. 24 Eligible and Ineligible Activities and Expenses ....................................................................... 27 Tips for a Successful Climate Adaptation Planning Grant Application .............................. 28
5. STRATEGIC PARTNERSHIPS ............................................................................................ 30 Purpose and Specific Objectives ............................................................................................ 30 Federal Planning Factors .......................................................................................................... 30 Complete Streets Local Match Waiver .................................................................................. 30 Example Project Types .............................................................................................................. 31 Eligible and Ineligible Activities and Expenses ....................................................................... 32 Tips for Successful Strategic Partnerships Grant Applications .............................................. 34
6. GRANT PROJECT ADMINISTRATIVE REQUIREMENTS .................................................... 35 Coordination with Caltrans ...................................................................................................... 35 Third Party Contracts ................................................................................................................ 35 Quarterly Reporting .................................................................................................................. 36 Integrated Climate Adaptation and Resiliency Program (ICARP) Case Studies ............... 36
i-ii
Invoicing and Financial Requirements ................................................................................... 37 Non-Discrimination Requirements ........................................................................................... 42 Final Product .............................................................................................................................. 42 Project Close-Out Survey ......................................................................................................... 43 California Public Records Act .................................................................................................. 43
7. APPLICATION SUBMITTAL PROCESS ............................................................................. 44 Applicant Eligibility .................................................................................................................... 44 Early Coordination and Technical Assistance for Primary Applicants ................................. 44
7.3 Application Submittal Instructions ........................................................................................... 45
7.4 Application Supplemental Documentation .......................................................................... 46
8. APPLICATION REVIEW PROCESS .................................................................................. 47 Two-Tiered Application Review Process ................................................................................. 47 Application Evaluation/Scoring Process ................................................................................ 47 Past Performance Award Considerations .............................................................................. 47
9. APPLICATION AWARD PROCESS .................................................................................. 49 Award and Non-Award ............................................................................................................ 49 Contracting with Caltrans ........................................................................................................ 49 APPENDIX A. Guidance, Tools, and Resources for Preparing a Grant Application ..... 53 Grant Program Considerations ................................................................................................................ 53 Resources to Advance Grant Specific Objectives ................................................................................ 57 APPENDIX B. Sample Application Package .................................................................... 79 APPENDIX C. Caltrans/Regional Agency Boundaries Map ......................................... 108 APPENDIX D. Caltrans District Contact List .................................................................... 109
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 1
1. GRANT PROGRAM OVERVIEW
The Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation’s (Caltrans) Mission: Provide a safe and reliable transportation network that serves all people and respects the environment.
The California Legislature passed, and Governor Edmund G. Brown Jr. signed into law, Senate Bill 1 (SB 1, Beall, Chapter 5, Statutes of 2017) – The Road Repair and Accountability Act of 2017, a transportation funding bill that provides a reliable fund source to maintain and integrate the State’s multimodal transportation system. In addition to the $9.5 million in traditional State and federal grants, approximately $25 million in SB 1 funds for Sustainable Communities Grants is available for each grant cycle.
The State-funded Sustainable Communities grants ($29.5 million) are intended to support and implement Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State’s
greenhouse gas (GHG) reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively.
The State-funded Climate Adaptation Planning grants ($3 million) enacted with Senate Bill 198 (Committee on Budget and Fiscal Review, Chapter 71, Statutes of 2022), will support local and regional identification of transportation-related climate vulnerabilities through the development of climate adaptation plans, as well as project-level adaptation planning to identify adaptation projects and strategies for transportation infrastructure.
The federal-funded Strategic Partnerships and Strategic Partnership Transit grants ($4.5 million) support Federal Planning Factors and address State highway/transit issues of regional, interregional, and/or statewide significance, in partnership with Caltrans.
Eligible planning projects must have a transportation nexus per Article XIX Sections 2 and 3 of the California Constitution. Therefore,
successful planning projects are expected to directly benefit the multimodal transportation system. These grants will also improve public health, social equity, environmental justice, the environment, and provide other important community benefits. The period of grant fund availability spans over three FYs and approximately 32 months for grant project activities after the grant agreement is executed and Caltrans issues a Notice to Proceed.
Refer to Chapter 9.2 for details regarding the anticipated grant project start and expiration dates.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 2
Sustainable Transportation Planning Grant Summary Chart Grant Fund Source Purpose Who May Apply Local Match
Sustainable Communities Competitive
Budget
RMRA and SHA
State funds
Approx. $17 million
Approx. $3 million set-aside
for technical projects
Up to $2 million set-aside for
Native American Tribal
Governments
Goal: 50% of grants should
benefit Under-Resourced
Communities***
Grant Minimum
$50,000 for Under-
Resourced Communities,
including Native American
Tribal Governments and
rural communities;
$100,000 for all others
Grant Maximum
$700,000
Funds local and
regional multimodal
transportation and
land use planning
projects that further
the region’s RTP
SCS/APS (where
applicable),
contribute to the
State’s GHG
reduction targets,
address the needs of
under-resourced
communities, and
assist in achieving the
Caltrans Mission and
Grant Program
Objectives (See
Chapter 1.2).
The following are eligible to apply as a
primary applicant:
· MPOs with sub-applicants
· RTPAs
· Transit Agencies
· Cities and Counties with compliant
Housing Elements and completed
Annual Progress Reports
· Native American Tribal Governments
· Other Public Transportation Planning
Entities
The following are eligible to apply as a
sub-applicant:
· MPOs/RTPAs
· Transit Agencies
· Universities and Community Colleges
· Native American Tribal Governments
· Cities and Counties with compliant
Housing Elements and completed
Annual Progress Reports
· Community-Based Organizations
· Non-Profit Organizations (501.C.3)
· Other Public Entities**
11.47%
minimum* (in
cash or an in-
kind
contribution);
not required for
Native
American Tribal
Governments
Sustainable Communities Formula
Budget
RMRA
State funds
$12.5 million
Funds local and
regional multimodal
transportation and
land use planning
projects that further
the region’s RTP
SCS/APS (where
applicable),
contribute to the
State’s GHG
reduction targets,
and assist in
achieving the
Caltrans Mission and
Grant Program
Objectives (See
Chapter 1.2).
The following are eligible to apply as a
primary applicant:
· MPOs
11.47%
minimum* (in
cash or an in-
kind
contribution)
* For local match requirements, refer to Chapter 6.5 of this Guide. ** Public entities include state agencies, the Regents of the University of California, district, public authority, public agency, and any other political subdivision or public corporation in the State (Government Code Section 811.2). *** For purposes of this grant program, under-resourced communities are the most vulnerable places that are facing disproportionate rates of economic, environmental, and health burdens, and are defined according to the tools in Appendix A.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 3
Grant Fund Source Purpose Who May Apply Local Match
Climate Adaptation Planning
Budget
State funds
Cycle 3: $3.7 million
Up to $1 million set-aside
for Native American
Tribal Governments
Goal: 50% of grants
should benefit Under-
Resourced
Communities***
Grant minimum
$100,000
Grant maximum
$1 million (single
organization); above
$1.5 million to be
considered for
partnership applications
Funds local and
regional
identification of
transportation-
related climate
vulnerabilities
through the
development of
climate adaptation
plans, as well as
project-level climate
adaptation planning
to identify
adaptation projects
and strategies for
transportation
infrastructure.
The following are eligible to apply as a
primary applicant:
· MPOs
· RTPAs
· Transit Agencies
· Cities and Counties
· Native American Tribal Governments
· A joint exercise of powers authority
established pursuant to Chapter 5 of
Division 7 of Title 1, with the consent of
a transportation planning agency or a
county transportation commission for
the jurisdiction in which the
transportation project will be
developed.
· A local transportation authority
created or designated pursuant to
Division 12.5 or Division 19 of the Public
Utilities Code.
The following are eligible to apply as a
sub-applicant:
· MPOs/RTPAs
· Transit Agencies
· Universities and Community Colleges
· Native American Tribal Governments
· Cities and Counties
· Community-Based Organizations
· Non-Profit Organizations (501.C.3)
· Other Public Entities**
11.47%
minimum* (in
cash or an in-
kind
contribution);
not required for
Native
American Tribal
Governments
* For local match requirements, refer to Chapter 6.5 of this Guide. ** Public entities include state agencies, the Regents of the University of California, district, public authority, public agency, and any other political subdivision or public corporation in the State (Government Code Section 811.2). *** For purposes of this grant program, under-resourced communities are the most vulnerable places that are facing disproportionate rates of economic, environmental, and health burdens, and are defined according to the tools in Appendix A.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 4
Grant Fund Source Purpose Who May Apply Local Match
Strategic Partnerships
Budget
FHWA
SPR, Part I
Federal funds
$1.5 million
Grant Minimum
$100,000
Grant Maximum
$500,000
Funds transportation
planning studies in
partnership with
Caltrans that
address the regional,
interregional, and
statewide needs of
the State Highway
System, and assist in
achieving the
Caltrans Mission and
Grant Program
Objectives (See
Chapter 1.2).
The following are eligible to apply as a
primary applicant:
· MPOs
· RTPAs
The following are eligible to apply as a
sub-applicant:
· MPOs/RTPAs
· Transit Agencies
· Universities and Community Colleges
· Native American Tribal Governments
· Cities and Counties
· Community-Based Organizations
· Non-Profit Organizations (501.C.3)
· Other Public Entities**
20% minimum*
(in non-federal
funds or an in-
kind
contribution)
Complete
Streets related
application
can request a
local match
waiver. Details
in Section 5.3.
Strategic Partnerships – Transit
Budget
FTA Section 5304
Federal funds
$3 million
Grant Minimum
$75,000 for RTPAs and
transit agencies;
$100,000 for MPOs
Grant Maximum
$500,000
Funds multimodal
planning studies,
with a focus on
transit, in partnership
with Caltrans, of
regional,
interregional and
statewide
significance, and
assist in achieving
the Caltrans Mission
and Grant Program
Objectives (See
Chapter 1.2)
The following are eligible to apply as a
primary applicant:
· MPOs
· RTPAs
· Transit Agencies
The following are eligible to apply as a
sub-applicant:
· MPOs/RTPAs
· Transit Agencies
· Universities and Community Colleges
· Native American Tribal Governments
· Cities and Counties
· Community-Based Organizations
· Non-Profit Organizations (501.C.3)
· Other Public Entities**
11.47%
minimum* (in
non-federal
funds or an in-
kind
contribution)
Complete
Streets related
application
can request a
local match
waiver. Details
in Section 5.3.
* For local match requirements, refer to Chapter 6.5 of this Guide. ** Public entities include state agencies, the Regents of the University of California, district, public authority, public agency, and any other political subdivision or public corporation in the State (Government Code Section 811.2).
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 5
Grant Program Objectives and Considerations
Successful grant applications address and articulate how the project relates to the Caltrans Mission, Grant Program Objectives, and Grant Program Considerations. The Grant Specific Objectives identified in Chapters 2.1, 3.1, 4.1 and 5.1 indicate the specific purpose of the Sustainable Communities, Climate Adaptation, and Strategic Partnership transportation planning grants, respectively, and must also be considered when preparing an application.
Grant Program Objectives
The following Grant Program Objectives are focused on achieving the Caltrans Mission and are intended to inform application development, including:
Objective Description
Safety
Prioritize the elimination of fatal and serious injury crashes and enhance safe use of our roadways through the Safe System approach to realize a vision of zero road fatalities and serious injuries on all California roads by 2050.
Sustainability
Promote reliable and efficient mobility for people, goods, and services, while meeting the State’s GHG emission reduction goals, preserving the State’s natural and working lands, and preserving the unique character and livability of California’s communities.
Preservation
Preserve the transportation system through protecting and/or enhancing the environment, promoting energy conservation, improving the quality of life, and/or promoting consistency between transportation improvements and State and local planning growth and economic development patterns.
Accessibility Increase the accessibility of the system and mobility of people, inclusive of older adults, those with disabilities, and freight.
Innovation
Promote the use of technology and innovative designs to improve the performance and social equity of our transportation system and provide sustainable transportation options.
Economy
Support the economic vitality of the area (i.e., enables global competitiveness, enables increased productivity, improves efficiency, increases economic equity by enabling robust economic opportunities for individuals with barriers to employment and for Disadvantaged Business Enterprise (DBE), etc.).
Health
Decrease exposure to local pollution sources, reduce serious injuries and fatalities on the transportation system, and promote physical activity across the lifespan, inclusive of those with disabilities, especially through transportation means.
Social Equity
Promote transportation solutions that focus on and prioritize the needs of under- resourced communities most affected by poverty, air pollution and climate change, and promote solutions that integrate community values with transportation safety and performance while encouraging meaningful public involvement in the transportation decision making process.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 6
Grant Program Considerations
The Grant Program supports related State and federal mandated initiatives. The Plans and Programs listed below should be considered in grant application development. Definitions and links to these resources can be found in Appendix A.
Caltrans Strategic Plan
The Strategic Plan is a declaration of the Caltrans vision and mission, core values, strategic imperatives, and six goals to deliver a world-class transportation system for one of the nation’s most populous, innovative, and diverse states:
Ø Safety first
Ø Cultivate excellence
Ø Enhance and connect the multimodal transportation network Ø Strengthen stewardship and drive efficiency
Ø Lead climate action
Ø Advance equity and livability in all communities
This plan guides and informs the development of the Sustainable Transportation Planning Grant Program. Competitive applications will articulate how they will assist in achieving the Caltrans vision and mission, the six strategic goals above.
California Transportation Plan 2050
The California Transportation Plan (CTP) 2050 is a long-range transportation plan, updated every five years pursuant to State and federal law, and is statutorily required to be fiscally unconstrained:
Ø Defines a vision for the future transportation system, establishes new statewide priorities, and guides Caltrans and partner agencies in implementing its recommendations
Ø Identifies strategies and policies that are required to make transparent and transformational transportation decisions Ø Recognizes the unique transportation needs and interests of urban, suburban, rural, and tribal communities
Ø Guides transportation decision makers at all levels of government, while emphasizing the importance of shared
responsibility in meeting our transportation needs
The CTP does not contain projects, but policies and strategies required to close the gap between what the RTPs aim to achieve and how much more is required to meet 2050 goals. Competitive applications will discuss how proposed projects will assist in achieving the CTP 2050 vision, goals, recommendations, and the modal plans that support it.
Modal Plans that Support the California Transportation Plan The CTP is the umbrella plan that informs and pulls together the State’s long-range modal plans listed below, to envision the future system:
Ø Interregional Transportation Strategic Plan
Ø California Freight Mobility Plan
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 7
Ø California State Rail Plan
Ø California State Bicycle and Pedestrian Plan
Ø Statewide Transit Strategic Plan
Ø California Aviation System Plan
Strategic Highway Safety Plan
The Strategic Highway Safety Plan (SHSP) is a statewide, coordinated traffic safety plan that provides a comprehensive framework for reducing roadway fatalities and serious injuries on California’s public roads. This document represents the third update of California’s initial 2005 SHSP and uses the latest crash data and insights from safety partners across the state to inform the SHSP’s development. Working in conjunction with other statewide safety plans such as the Highway Safety Improvement Program, the Highway Safety Plan, and the Commercial Vehicle Safety Plan, this SHSP provides guidance that will influence the development of goals, strategies, and
performance measures for stakeholders working to improve traffic safety throughout California.
The latest California SHSP effort focuses on strategies with the greatest potential to reduce fatalities, serious injuries, and overall crashes. To ensure that decision-making is consistent, the SHSP is anchored by a clear Vision, Mission, and Goal. The vision represents what the SHSP aims to accomplish, while the mission is the means of getting there. Fulfilling these statements affords the state, under guidance of the SHSP, the best opportunity to reach its goal: Zero Fatalities and Serious Injuries by 2050.
Title VI and Environmental Justice
Title VI of the U.S. Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in programs or activities receiving federal financial assistance. A similar prohibition applies to recipients of state funds under California Government Code section 11135, which prohibits discrimination on the basis of race, color or national origin, as well as ethnic group identification, religion, age, sex, sexual orientation, genetic information, or disability.
Caltrans integrates Title VI as well as environmental justice in all activities. In the past, low-income and minority communities disproportionately bore many of the negative impacts of transportation projects, which they continue to feel the consequences from today. It is the goal of environmental
justice to ensure that when transportation decisions are made, low-income and minority communities have a full opportunity to participate in the decision-making process, and they receive an equitable distribution of benefits and not a disproportionate share of burdens, which contribute to poor health outcomes.
More information about non-discrimination requirements can be found in Chapter 6.6.
Director’s Policy DP 28-R2 (Title VI Implementation Plan: Federal Fiscal Year 2024, Appendix B):
https://dot.ca.gov/-/media/dot-media/programs/civil-rights/documents/title- vi/2024caltranstitleviimplementationplan9823a11y.pdf
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 8
Climate Action Plan for Transportation Infrastructure
The Climate Action Plan for Transportation Infrastructure (CAPTI) details how the State recommends shifting and investing billions of discretionary transportation dollars annually to aggressively combat and adapt to climate change while supporting public health, safety and equity. CAPTI builds on executive orders signed by Governor Gavin Newsom in 2019 and 2020 targeted at reducing GHG emissions in transportation, which account for more than 40 percent of all emissions, to reach the State's ambitious climate goals. Competitive grant applications will discuss how proposed projects will assist in implementing the CAPTI Investment Framework, Guiding Principles, and align with the Implementation Strategies and Key Actions.
Through CAPTI Caltrans is committed to intentional engagement and partnership with tribal governments and community -based organizations representing historically marginalized voices.
California Climate Adaptation Strategy
The California Climate Adaptation Strategy, mandated by Assembly Bill 1482 (Gordon, 2015), links the State’s existing and planned climate adaptation efforts, showing how they fit together to achieve California’s six climate resilience priorities. The Strategy is organized around outcome- based priorities, enabling a coordinated, integrated approach to building climate resilience. The Strategy shows how the State’s efforts fit together to deliver on six priorities for climate resilience action in California: Strengthen Protections for Climate Vulnerable Communities; Bolster Public Health and Safety to Protect Against Increasing Climate Risks; Make Decisions Based on the Best Available Climate Science; Build a Climate Resilient Economy; Accelerate Nature-Based Climate Solutions and Strengthen Climate Resilience of Natural Systems; Partner and Collaborate to Leverage Resources. The California Climate Adaptation Strategy also deepens the integration of California Native American tribal priorities into California climate policies and programs and support tribal partnership and collaboration through funding tribal climate projects. Competitive grant
applications will discuss how proposed projects consider climate resilience and align with the California Climate Adaptation Strategy.
Master Plan for Aging
The Master Plan for Aging is a blueprint for aging across the lifespan, not simply a plan for today’s older adults. California’s over-60 population is projected to diversify and grown faster than any other age group. In response, the Master Plan calls on all California communities to build a California for All Ages: for older Californians currently living through the many different stages of the second half of life; for younger generations who can expect to live longer lives than their elders; for communities of all ages –
family, friends, neighbors, coworkers, and caregivers – surrounding older adults. Competitive grant applications will discuss specific connections and help achieve the Master Plan’s five goals and twenty- three strategies to build a California for All Ages by 2030.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 9
2. SUSTAINABLE COMMUNITIES COMPETITIVE AND
TECHNICAL
Approximately $12 million in State Road Maintenance and Rehabilitation Account (RMRA) funds and $5 million in State Highway Account (SHA) funds, or a combined total of $17 million will be distributed through a competitive program to Metropolitan Planning Organizations (MPOs) with a sub-applicant(s), Regional Transportation Planning Agencies (RTPAs), cities and counties, transit agencies, and Native
American Tribal Governments. MPOs must have a sub-applicant in order to be eligible and apply to the Sustainable Communities Competitive and Technical grants.
Approximately $3 million will be set-aside for a technical project sub-category. In accordance with the recent release of the guidance documents for the implementation of Senate Bill 743 (SB 743, Chapter 386, Statutes of 2013), there is a current need for improved tools to measure VMT and induced travel and to develop and implement VMT mitigation programs.
Up to $2 million will be set-aside for Native American Tribal Governments.
Funding distribution for the competitive program will depend on the quality and number of applications.
Purpose and Specific Objectives
The purpose of the Sustainable Communities grants is to fund local and regional multimodal transportation and land use planning projects that further the region’s RTP SCS/APS (where applicable), contribute to the
State’s GHG reduction targets, and assist in achieving the Caltrans Mission and Grant Program Objectives, which must be considered when preparing the grant application.
A minimum threshold
of 50 percent of Sustainable Communities Competitive and Technical Grants has been identified for projects that benefit under-resourced communities, which includes Native American Tribal Governments and rural communities (for transportation planning purposes, rural is defined as all areas of the state that are not included in urbanized areas of 50,000 in population or greater; refer to Appendix C, Caltrans/Regional Agency Boundaries Map, which indicates rural areas). For purposes of the grant program, acceptable under-resourced communities definitions are described in Appendix A and include:
· Rural communities of 50,000 or less and outside of urbanized areas · Native American Tribal Governments
· Regionally/locally defined under-resourced communities · At or below 80% Assembly Bill 1550 (Gomez, Statutes of 2016) · At or above 75% California Department of Education, Free or Reduced Priced Meals Data · At or above 75% CalEnviroScreen Version 4.0
· At or below 25% California Healthy Places Index (HPI) Sustainable Communities Competitive and Technical applicants must demonstrate how the project
fits every aspect of the following Specific Objectives, as appropriate for the applicant and project type:
· Encourage local and regional multimodal transportation and land use planning that furthers the region’s RTP SCS/APS (where applicable). For applicants not in an MPO region, address how the project encourages local and regional multimodal transportation and land use planning that advances sustainability
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 10
· Contribute to the State’s GHG reduction targets and other State goals, including but not limited to, the goals and best practices cited in the 2024 RTP Guidelines · Address the needs of under-resourced communities through robust public engagement · Assist in achieving the Caltrans Mission and Grant Program Objectives (See Chapter 1.2).
Sustainable Communities Technical project types do not require extensive public engagement due to their technical nature, but they will explain and demonstrate:
· How the public will be involved at later stages of the planning process · How they will collaborate with and involve appropriate stakeholders with technical expertise to review and validate quantification assumptions and methods · How stakeholders will be involved in the application and Scope of Work Technical project applications are scored under the same criteria as all other project types, but they are grouped with other technical projects, and they compete at the same level. Refer to Chapter 2.2 for Example Technical Project Types. Applicants should contact their Caltrans District listed in Appendix D to help decide which grant category is the best fit for their project.
Below is a list of Appendix A Guidance, Tools, and Resources to assist applicants in preparing a competitive grant application that is consistent with the Grant Program Objectives, Grant Program Considerations, and Specific Objectives.
· Advance Transportation Related GHG Reduction Project Types/Strategies · Addressing the Needs of Under-Resourced Communities
· Public Health Resources
· Active Community Engagement
· Integrated Housing, Land Use and Transportation Planning · Promote the Region’s RTP SCS/APS (where applicable) and State Planning Priorities, and Climate Adaptation Goals
· Climate-Ready Transportation
Example Project Types
The examples below are organized in the following grant project types: Active Transportation; Corridor and Freight; Social Equity; Integrated Housing, Land Use, and Transportation; Multimodal; Safety; Technical; and Transit.
Active Transportation
· Active transportation plans, including bicycle, pedestrian, and trail master plans · Plans for bike parking facilities
· Rural planning studies or plans that provide rural counties the ability to develop active transportation plans with a rural context-sensitive focus and allow for rural regions to contribute to the State’s GHG reduction targets
· Studies or plans that include a temporary built environment demonstration, e.g., tactical urbanism
Corridor and Freight
· Comprehensive Multimodal Corridor Plans
· Corridor enhancement studies
· Studies or plans related to zero emissions vehicle goods movement
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 11
· Freight/goods movement plans and studies
· Local or regional corridor plans
· Studies and plans that can help to quantify and highlight the value and importance of the rural State transportation system which connects large urban centers to rural open space, State and federal lands, and recreation and agriculture hubs. · Studies and plans to mitigate for impacts to the rural transportation system due to increased interregional tourism and visitor traffic
· Modeling improvements that address SB 743 implementation and induced travel (see Sustainable Communities – Technical grant-specific objectives in Chapter 2.1) · Complete Streets plans that consider last-mile freight · Curbside freight management plans
· Sustainable freight plans
· Agriculture goods movement plans
· Freight/supply chain resiliency studies
Social Equity
· Community Needs Assessments
· Health and transportation studies, including health equity transportation studies and other plans that incorporate health into transportation planning · Studies to improve access to social services and other community destinations for under- resourced communities such as grocery stores, schools, hospitals, transit stations, etc. · Studies, plans or planning methods that address environmental justice issues in a transportation related context
· Congestion pricing studies including plans that enhance social equity and avoid inequitable cost burdens
· Planning to remove or reduce barriers created by transportation infrastructure such as highways, overpasses and underpasses, that create disconnected communities · Studies or plans to ensure that infill and transit-oriented development benefits existing residents and businesses, low-income and under-resourced communities, and minimizes displacement
· Outreach to educate under-resourced communities on mode shifts to electric forms of transportation, as part of a plan or study as appropriate · Student internships for rural agencies and/or under-resourced communities · Native American Tribal Government transportation planning training and capacity building Integrated Housing, Land Use, and Transportation
· Studies, plans or planning methods that assist transportation agencies in creating sustainable communities and transit-oriented development
· SCS/APS development
· Studies that promote greater access between affordable housing and job centers · Station area planning
· Integration of transportation and environmental planning · First Mile/Last Mile project development planning
· An update to a general plan land use element, zoning code, or land use plan that increases development opportunities around key transportation corridors or nodes
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 12
· Creation of a Transit-Oriented Development overlay zone or other special zoning district around key transportation corridors or nodes
· Studies, plans, and policies that address land use conflicts with major transportation corridors such as major highways, ports, shipping and freight corridors, etc. that are near sensitive land uses such as homes, schools, parks, etc. or potentially impacted by climate change Multimodal
· Complete Streets plans or multimodal transportation plans · Long range transportation plans for tribal governments · Studies, plans or planning methods that advance a community’s effort to reduce single occupancy vehicle trips and transportation related GHG through strategies including, but not limited to, advancing mode shift, demand management, travel cost, operational efficiency, accessibility, and coordination with future employment and residential land use · Context-sensitive streetscapes or town center plans
· Studies that evaluate accessibility and connectivity of the multimodal transportation network · Shared mobility services planning studies
· Community outreach plans for park-and-ride lots
Safety
· Bike and pedestrian plans with a safety enhancement focus, including Vision Zero plans · Community to school studies or safe routes to school plans · Traffic calming and corridor safety enhancement plans Technical
· Transportation modeling studies or planning activities that address SB 743 implementation and induced travel, active transportation, emerging technology, public health, VMT and other impacts
· Planning for zero or near zero emission vehicles
· Electric vehicle charging infrastructure
network planning
· Transit planning for zero emission bus fleets
· Planning for autonomous vehicles
· Road or parking pricing studies
· Transportation Demand Management studies
· Commute trip reduction studies and plans
· Data collection/data sharing initiatives
· Integration of transit, new emerging technologies, and shared mobility services · Educational outreach as part of a plan or study as appropriate, e.g., for mode shifts to electric forms of transportation
Transit
· Identification of policies, strategies, and programs to preserve transit facilities and optimize transit infrastructure
· Transit planning studies related to accessible transit, paratransit, mobility management, etc. · Studies, plans, or outreach for school public transit, school pool ridesharing · Strategies to increase transit ridership
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 13
· Studies or plans that evaluate commuter rail or multimodal connectivity · Studies or plans that evaluate first and last mile transit connectivity
Eligible and Ineligible Activities and Expenses
Eligible Activities and Expenses
Eligible activities must have a transportation nexus per the California Constitution, Article XIX Section 2 and 3. Applicants need to consult with Caltrans district staff for more information on whether costs are eligible for funding.
Some examples of eligible costs include:
· Data gathering and analysis
· Report writing and the development of associated graphics · Planning consultant procurement
· Advertising for consultant procurement
· Advertising for public workshops, e.g., flyers, paid media ads · Travel expenses (See Chapter 6.5 for details)
· Up to 30 percent design or conceptual drawings
· Equipment (as defined in 2 CFR Part 200.33)1 purchases must remain under $5,000 or depreciation will need to be taken in to account when the grant project is completed since equipment could have future uses. 2 CFR Part 200.4362 provides the criteria for depreciation. · Community surveys, meetings, public workshop room rental, charrettes, focus groups · Virtual outreach activities and on-line meetings
· Bilingual services for interpreting and/or translation services for meetings · Community/stakeholder advisory groups
· Light snacks and refreshments for public workshops (no full meals), subject to Caltrans approval
o Requests to enhance public participation beyond the currently eligible costs for light refreshments will need justification regarding the cost benefit of the anticipated increase in public participation and must be submitted to Caltrans, and FHWA, when applicable, for consideration and approval, on a case-by-case basis. · Project administration (up to 5 percent of the grant is allowed, i.e., quarterly reports, invoicing, and kick-off meeting with Caltrans)
Ineligible Activities and Expenses
Some activities, tasks, project components, etc. are not eligible under these grant programs. If an application has any of the following elements, it will be disqualified.
Ineligible activities and expenses include:
1 Electronic Code of Federal Regulations, 2 Code of Federal Regulations, Part 200.33, 2020, https://www.ecfr.gov/on/2017-01-03/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group- ECFR2a6a0087862fd2c/section-200.33
2 Govinfo, 2 Code of Federal Regulations, Part 200.436, 20, https://www.govinfo.gov/app/details/CFR-2022-title2-vol1/CFR-2022-title2-vol1-sec200-436
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 14
· Environmental studies, plans, or documents normally required for project development under the National Environmental Policy Act or the California Environmental Quality Act · Engineering plans and design specification work
· Project Initiation Documents
· Program or project implementation
· Repurposing unspent grant funds (not applicable to Sustainable Communities Formula) · Application development to pursue construction funds/project implementation · RTPs or updates to the RTP, excluding SCS/APS development · Construction projects, capital costs, such as the building of a facility, or maintenance · Office furniture purchases, or other capital expenditures · Decorations, e.g., for public workshop events
· Acquisition of vehicles or shuttle programs
· Organizational membership fees
· Incentives for public participation
· Charges passed on to sub-recipient for oversight of awarded grant funds · Other items unrelated to the project
Tips for Successful Sustainable Communities Grant Applications Criteria for Successful Sustainable Communities Grant Applications Some guidance is provided below however, it is not intended to be all inclusive. · Integrate Grant Program Considerations (See Chapter 1.2) · Advance transportation related GHG emission reduction project types/strategies (i.e., mode shift, demand management, travel cost, operational efficiency, accessibility, and coordination with future employment and residential land use, etc.) · Identify and address deficiencies in the multimodal transportation system, including the needs of environmental justice and under -resourced communities, including Native American Triba l Governments and rural communities
· Encourage stakeholder collaboration
· Involve active community engagement for under-resourced communities and Native American Tribal Governments by utilizing advocacy groups, community -based organizations, and tribal organizations
· Coordinate transportation, housing, and land use planning · Result in funded and programmed multimodal transportation system improvements General Tips
· Some sections of the grant application may seem redundant when discussing under- resourced community engagement, overall public engagement, and stakeholder involvement. Although the general public and under -resourced communities are stakeholders for any project, for application purposes, the strategy, and methods for engaging th ese groups will be different, as described below. o Overall public engagement will describe the general strategy to engage the public at large.
o Under -resourced communities’ engagement will explain how the project will go above and beyond business as usual or what is statutorily required to address the
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 15
specific needs of under -resourced communities and use unique methods to involve these groups in the decision -making process. Refer to Appendix A, Active Community Engagement , which includes case studies for examples of equitable community engagement.
o Stakeholder engagement will explain how partner agencies, businesses, and/or non- profit community -based organizations will be involved throughout the project. · Consult with your district representative for technical assistance before the application deadline.
· Use the Samples and Checklists provided for the Application, Scope of Work, and Cost and Schedule.
· Include Caltrans as an active partner in the study. · Provide tailored letters of support and project area photographs to enhance the application. If applicants/supporters do not have the time/resources to provide tailored letters of support, a petition signed by supporters in a simple table format that lists the supporters and specifically how supporters will benefit the proposed project will suffice.
Project Description
Concisely describe
the project. Explain “What parties are involved, the proposed major milestones, and why the project is necessary.”
Project Justification
· Clearly define and explain the transportation problem or deficiency that the project will attempt to address and how the project will address the problem. Why is it critical to address the problem now? Make the case for a critical need that the project will address and support it with verifiable data, if available. · Explain how the project affects under -resourced communities. The tools in Appendix A are intended to help applicants define an under -resourced community in the project area. Please cite data sources, the tools used, and include a comparison to the statewide thresholds that are es tablished in each tool. · If the applicant is a Native American Tribal Government or a rural area (outside of the urbanized areas with 50,000 in population or greater) of the State, describe population characteristics such as demographics, location, and size .
Grant Specific Objectives
Demonstrate how the project fits every aspect of the Grant Specific Objective, as appropriate for the applicant and project type. Some guidance is provided below; however, it is not intended to be all inclusive. Applications should reference Appendix A for Resources to Advance Sustainable Communities Grant Specific Objectives.
Successful applications should include:
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 16
Planning for Housing, Housing Element Compliance, and Prohousing Designation o To avoid a deduction of 5 points, applicants must demonstrate how they integrate housing planning into their policies, programs, and project, or commit to coordinate housing and transportation in future policies and programs throughout the application (e.g., narrative and
scope of work). See Chapter 2.2 for a list of example projects that coordinate housing, land use, and transportation.
o To be eligible for a grant award, city and county primary/sub-grant applicants are required to submit:
1. A housing element adopted by the local
government to the Department of Housing and
Community Development (HCD), and HCD must
find the adopted housing element in substantial
compliance with state housing element law
pursuant to Government Code Section 65585.
2. Annual Progress Reports (APRs) to HCD for at
least the previous two years, 2022 and 2023.
o City or county primary/sub-applicants will receive a
high recommendation from HCD if they have a
Prohousing Designation, which can be earned by
adopting local policies that facilitate the planning,
approval, and construction of housing. The HCD
Prohousing Designation Program provides incentives
to cities and counties in the form of additional points or other preference in the scoring of competitive
housing, community development, and infrastructure
programs. For HCD Prohousing Designation Program
information and how to develop a competitive
application, refer
to Appendix A, Integrated Housing,
Land Use, and Transportation Planning.
Note: Charter cities are not exempt from this specific
program requirement and must submit an Annual Progress
Report for the calendar years mentioned above.
Community Engagement
· Refer to Appendix A, Active Community Engagement, for Community Engagement Best Practices.
IMPORTANT TIPS:
ü City and county
primary/sub-grant applicants
are required to submit:
1. A housing element
adopted by the local
government to HCD.
2. Annual Progress Reports
to HCD for at least the
previous two years, 2022
and 2023.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 17
· Evidence of additional public outreach measures that promote access to decision-making and program implementation for all segments of the community, including special needs populations, under-resourced communities, and a variety of socio-economic groups (e.g., households across the income and employment
spectrum, ethnically and racially diverse
households).
· The application narrative should outline specific
outreach strategies including in-person and virtual
options.
· Tailored letters of support with electronic signatures from community-based organizations or public
advocacy groups to demonstrate their support or
involvement in identifying the issues that the
proposed project is attempting to address.
· If applicants/supporters do not have the
time/resources to provide tailored letters of support,
a petition electronically signed by supporters in a
simple table format that indicates specifically how
supporters will benefit the proposed project will
suffice.
Integrated Housing, Land Use, and
Transportation Planning
· Application narrative and any relevant supporting
or illustrative data should describe how the
proposed project integrates and connects land use
and transportation, including how transportation
and land use agencies or jurisdictions are actively
collaborating on the project in all project phases.
· Competitive grant applications should demonstrate how the project furthers this coordinated and integrated approach to planning. For example:
o Demonstrate how the project will support or align with the region’sRegional Early Action Planning (REAP)3 grant investments or other regional planning or implementation efforts.
REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals. Eligible uses include projects that invest in infrastructure to expand active transportation and fund and implement parking and transportation demand management programs or ordinances.
o Describe how the project aligns with State housing policies and goals by serving a community within ½ mile of a transit station or stop that has received a positive Prohousing Designation Program score, certified by HCD. o Explain how the project is located in an area that has earned a Prohousing Designation and positive scores for Prohousing Enhancement policies from HCD. Jurisdictions supporting integrated housing, land use, and transportation planning may have policies 3 REAP Website: Programs: Active | California Department of Housing and Community
Development
HELPFUL TIPS:
Tailored letters of support from
local agencies that not only
provide support for the project,
but also confirms that the
proposed project:
ü Helps to implement the
RTP SCS/APS and/or State
priorities
ü Involves a coordinated
approach to integrating
land use and
transportation in all phases
of project planning and
implementation.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 18
that include Prohousing Enhancement Factors, which represent a multi-faceted approach to planning objectives, are consistent with State priorities, go beyond state law, etc. Competitive applications may also identify a jurisdiction’s policies that promote housing development and reduce VMT. For information about the HCD Prohousing Designation Program and how applicants can develop a competitive application with Prohousing Enhancement Factors or VMT reducing policies, refer to Appendix A, Integrated Housing, Land Use, and Transportation Planning. HCD will highly recommend awards for City and county primary/sub-applicants that earn this designation.
Project Management
· Scope of Work: Refer to the Scope of Work Checklist in Appendix B. · Cost and Schedule : Refer to the Cost and Schedule Checklist in Appendix B.
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3. SUSTAINABLE COMMUNITIES FORMULA
$12.5 million will be distributed to the MPOs on a formula basis. The formula funds for the MPOs will reflect the same formula used to distribute Federal Highway Administration (FHWA) Metropolitan Planning PL funds.
The FHWA PL formula has three components:
1. A base allocation
2. A two-part population component which distributes funds by the proportion of the total population of each MPO based on California Department of Finance estimates each January
3. An Air Quality component based on the proportion of federal Congestion Mitigation Air Quality funds to total programmatic FHWA PL funds
Purpose and Specific Objectives
The purpose of the Sustainable
Communities
Formula is to fund
local and regional multimodal
transportation and land use
planning projects that further
the region’s RTP SCS/APS
(where
applicable), contribute
to the State’s GHG reduction
targets, and assist in achieving
the Caltrans Mission and Grant
Program Objectives (See
Chapter 1.2).
The specific objectives, eligibility requirements,
and performance considerations for the Sustainable
Communities Formula Grants awarded to MPOs are consistent with the Sustainable Communities Competitive Grants.
The intent of the Sustainable Communities Formula Grants is to carry out the objectives of the region’s
RTP SCS/APS (where applicable) and the RTP Guidelines Appendices E and G. In addition, MPOs are strongly encouraged to administer Sustainable Communities Formula funding in a transparent manner and maintain non-profit eligibility, consistent with the legislative intent of SB 1 - The Road Repair and Accountability Act of 2017.
The intent of the Sustainable
Communities Formula Grants is to
carry out the objectives of the
region’s RTP SCS/APS (where
applicable) and the RTP Guidelines
Appendices E & G.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 20
Guidance and Approval Process
Minimum Eligibility Criteria
MPOs should meet the following minimum eligibility
criteria to apply for Sustainable Communities Formula
grants:
· Of the Consolidated Planning Grant, FHWA PL
carryover is at or below 100 percent of the
annual FHWA PL allocation
· Have an RTP SCS/APS that meets the SB 375 GHG
reduction targets
· Meet civil rights and environmental justice
obligations, as summarized in Section 4.2 of the
RTP Guidelines
If an MPO does not meet the minimum eligibility
criteria listed above by April 30, 2025,
their allocation
will be redistributed to the remaining MPOs that are
eligible and apply for the Sustainable Communities
Formula Grants.
Annual Draft Overall Work Program (OWP) Development and Approval Process Sustainable Communities Formula Grants are part of the annual draft OWP development and approval process. The draft OWP process includes meaningful consultation with Caltrans district staff and the Headquarters Office of Regional and Community Planning (ORCP). MPOs are responsible for including a draft Work Element(s) for Sustainable Communities Formula Grant funds in the draft FY 2025-26 OWP and sending a list of activities using the provided template to Caltrans, no later than March 1, 2025. Draft OWPs are submitted to the district Regional Planning Liaison who will coordinate with ORCP. The draft Work Element(s) should include an explanation of how the project supports the Sustainable Communities Grant Specific Objectives and provide the same level of detail included in the grant application
Scope of Work and Cost and Schedule for the
Sustainable Communities Competitive Grants. The Work Element name and number must remain unchanged until the project(s) is completed. If Work Elements do not provide enough detail, MPOs will need to submit the competitive grant application Scope of Work and Cost and Schedule.
More information and detailed requirements are outlined in the SB 1 Guidance for OWPs and Requests for Reimbursements, available upon request.
Example Project Types
MPOs have flexibility for how the Formula Grant allocation is administered. For example, MPOs may use these funds for a regional competitive grant program, integrated land use and transportation planning activities related to developing their SCS/APS, carrying out the best practices cited in the RTP Guidelines, or a combination thereof. If an MPO uses Formula Grant funds to administer a regional grant program, the MPO must submit their grant program criteria and list of eligible applicants and sub-applicants to the Caltrans district and ORCP. This step is to ensure the MPO’s grant program aligns with the Caltrans Sustainable Communities Competitive Grants, including city and county housing element compliance. MPOs will also submit a list of awarded grants to the Caltrans district and ORCP. MPOs should coordinate the submittal of this information with the Caltrans district and ORCP to avoid delays for releasing the call-for-projects and grant awards. For additional example project types, refer to Chapter 2.2.
IMPORTANT NOTE:
ü If an MPO does not meet
the minimum eligibility
criteria, their allocation will
be redistributed to the
remaining MPOs that are
eligible and apply for the
Sustainable Communities
Formula Grants.
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 21
Eligible and Ineligible Activities and Expenses
Refer to Chapter 2.3 for eligible and ineligible activities and expenses.
Formula Grant Allocation Estimates
The following funding table estimates how formula funds may be distributed to each MPO, contingent upon meeting the minimum eligibility criteria:
Sustainable Communities Formula Grants
Metropolitan Planning Organization Total Formula Grant
Allocation
Tahoe Metropolitan Planning Organization $160,750
Madera County Transportation Commission $164,209
Kings County Association of Governments $162,943
Shasta Regional Transportation Agency $163,172
Butte County Association of Governments $180,569
Merced County Association of Governments $197,424
San Luis Obispo Council of Governments $195,962
Tulare County Association of Governments $246,944
Santa Barbara County Association of Governments $224,579 Stanislaus Council of Governments $291,053
San Joaquin Council of Governments $341,671
Kern Council of Governments $374,899
Association of Monterey Bay Area Governments $315,267
Fresno Council of Governments $407,484
Sacramento Area Council of Governments $774,991
San Diego Association of Governments $1,021,553
Metropolitan Transportation Commission $2,106,140
Southern California Association of Governments $5,170,390 Total $12,500,000
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4. CLIMATE ADAPTATION PLANNING
Climate change adaptation aims to anticipate and prepare for climate change impacts to reduce the damage from climate change and extreme weather events, including seas level rise.
Adaptation is distinct from, but complements, climate change mitigation, which aims to reduce GHG emissions. This funding is intended to advance adaptation planning on California’s transportation infrastructure, including but not limited to roads, railways, bikeways, trails, bridges, ports, and airports.
The State-funded Climate Adaptation Planning grants ($3 million) will support tribal, local, and regional identification of transportation-related climate vulnerabilities through the development of climate adaptation plans, as well as project-level adaptation planning to identify adaptation projects and strategies for transportation infrastructure. Applicants at all stages of adaptation planning efforts including those who have not yet started adaptation work are encouraged to apply.
Climate adaptation planning projects are
defined by:
· Identification of transportation system vulnerabilities and climate-related risks to existing transportation infrastructure, including resilience improvement plans · Identification of adaptation planning projects that address climate risk impacts to existing transportation infrastructure including sea level rise, storm surge, changes in temperature and precipitation
· Planning for specific climate projects that can be programmed in existing local or regional transportation plans
Purpose and Specific Objectives
California’s climate leadership has made the ambitious commitment to reduce GHG emissions and facilitate a transition to a carbon neutral economy. However, as made clear by the impacts already affecting California and the recent IPCC report, impacts of climate change are occurring sooner than expected and they disproportionately affect the most vulnerable among us. Many
impacts, such as increased wildfires, droughts, landslides, rising sea levels, floods, severe storms, heat waves, and impacts to wildlife, are already occurring already and are expected to become more frequent and severe.
Climate change is increasingly impacting the State’s transportation system. Adaptation efforts will
enhance the resiliency of the transportation system to better withstand climate impacts. The overarching goal of this grant program is to support planning actions at local and regional levels that advance climate change adaptation efforts on the transportation system, especially efforts that serve the communities most vulnerable to climate change impacts. Taking steps now to adapt to climate change will protect public health and safety, infrastructure, and the California economy into the future.
Caltrans awarded three cycles of local adaptation planning grants allocated through the passage of SB 1. This program operated from FY 2017-18 through FY 2019-20 and was able to fund innovative tribal, local, and regional adaptation planning grants across California. Examples of the completed projects supported by the SB 1 Climate Adaptation Planning Grant Program can be found on the California Adaptation Clearinghouse’s case study4 page. The current funding in this 4 Adaptation Clearinghouse’s case study website: https://resilientca.org/challenges/
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 23
program aims to build upon the successful SB 1 program to further advance transportation adaptation planning.
Equity, including regional representation, will be considered when awarding projects. A minimum threshold of 50 percent of the funds has been identified for projects that benefit under-resourced communities, which includes tribal, local, regional, and rural communities (for transportation planning purposes, rural is defined as all areas of the state that are not included in urbanized areas of 50,000 in population or greater; refer to Appendix C, Caltrans/Regional Agency Boundaries Map, which indicates rural areas). For purposes of the grant program, acceptable under- resourced communities’ definitions are described in Appendix A and include:
· Rural communities of 50,000 or less and outside of urbanized areas · Native American Tribal Governments
· Regionally/locally defined under-resourced communities · At or below 80% Assembly Bill 1550 (Gomez, Statutes of 2016) · At or above 75% California Department of Education, Free or Reduced Priced Meals Data · At or above 75% CalEnviroScreen Version 4.0
· At or below 25% California Healthy Places Index (HPI) Furthermore, up to $1 million will be set-aside for Native American Tribal Governments.
Climate Adaptation Planning grant applicants must demonstrate how the project fits the Grant Specific Objectives listed below, as appropriate for the applicant and project type. Additional resources (guidance, data sources, etc.) to assist in achieving these objectives can be found in Appendix A:
Applicants are required to demonstrate how the proposed effort will accomplish one or more of the following:
· Identify specific transportation infrastructure vulnerabilities5 to climate change impacts. · Identify adaptation strategies and specific actions to address identified climate-related vulnerabilities, incorporating short-, medium-, and long-term strategies that mitigate overall risk throughout the entire service life of the asset or capital project. Where appropriate, this should include nature-based shoreline solutions as part of a comprehensive approach, using the best available science and guidance.
· Include economic analysis and/or cost-benefit analysis of identified adaptation strategy or strategies when applicable.
Applicants must also demonstrate how the proposed effort will accomplish one or more the following:
· Identify benefit(s) to under-resourced communities, including transit-dependent populations.
Benefits may include improved access to safe and reliable transportation options, enhanced public safety measures in flood-prone areas, increased opportunities for community engagement in decision-making processes, protection of essential services and cultural resources, and the creation of local economic opportunities through workforce development and local hiring initiatives.
5 Transportation infrastructure includes, but is not limited to, roads, railways, bikeways, trails, bridges, ports, and airports. Vulnerable transportation infrastructure is transportation infrastructure that is susceptible to the impacts of climate change (e.g., a pedestrian-use trail that cuts through a forested area that is expected to see increased fire risk due to climate change).
Caltrans Sustainable Transportation Planning Grant Program FY 2025-26 Grant Application Guide 24
· On-going collaboration and partnerships between sectors and jurisdictions, across levels of government at a regional scale.
· Identify co-benefits of the adaptation work, such as benefits to public health, natural ecosystems, air quality, social equity, the economy, reductions in GHG emissions, critical emergency services, or reduction in contamination. Projects prioritizing nature-based solutions through natural and green infrastructure planning and adaptation strategies will be prioritized.
· Consistency with priorities and goals of the 2021 California State Adaptation Strategy, as well as any applicable local/regional resilience planning, and that the effort will identify ways to incorporate transportation-related climate adaptation needs into existing transportation plans.
· Projects must include a multistakeholder process that provides an opportunity for meaningful community engagement from communities potentially impacted by any projects identified or developed as part of the planning grant.
Competitive applicants will demonstrate one or more of the following:
· Alignment with or augmentation of existing plans, including climate action plans/adaptation plans, hazard mitigation plans, safety elements of general plans, resilience improvement plans, and/or Certified Local Coastal Programs6, that will lead to the identification and development of capital projects that can be programmed as part of local or regional transportation plans. Projects should follow State Guidance on Adaptation Planning (see Appendix A) or be aligned with local plans.
· Collaboration and partnerships with diverse external stakeholders such as businesses, non- governmental agencies, community-based organizations, federal, state, or local agencies,
and community residents.
· Consideration of the adaptation needs of environmental resources in proximity to the transportation system such as coastal resources including but not limited to tidal marsh or beaches, wildlife connectivity, wetlands, or fish passage needs. · Consideration of public access and Complete Streets’ needs.
Example Project Types
Caltrans aims to fund a variety of project types from a diverse pool of applicants to respond to these climate impacts. Applicants who have adaptation planning efforts underway, as well as those who have not yet started adaptation planning, are encouraged to apply.
The examples below are provided to illustrate the range of projects that may be appropriate for the grant program, as well as to provide ideas to potential applicants. The project types range from initial vulnerability assessment and broad planning efforts to project-level planning needs, for instance through local studies on natural hazards to inform a future project. Proposed projects are not constrained by the examples below.
· Climate Vulnerability and Risk Assessments (identification of climate vulnerabilities and risks to transportation infrastructure) which include the following steps from Phase 2 of the 2020 California Adaptation Planning Guidelines developed by the Governor’s Office of Planning and Research (OPR):
6 More information about Certified Local Coastal Programs and whether a project is located in this area can be found on the Coastal Commission’s website and further verified by reaching out to Coastal Commission staff at the applicable Coastal Commission District office. https://coastal.ca.gov/lcps.html