5 Agreement. The policy limit shall be not less than One Million Dollars and 00/100 Cents ($1,000,000.00) per claim and Two Million Dollars and 00/100 Cents ($2,000,000.00) 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.
B. AGENCY, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than A:VIII.
D. 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 AGENCY thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to AGENCY via certified mail, return receipt requested, addressed to "Risk Manager," AGENCY of Montebello, 1600 West Beverly Boulevard, Montebello, California, 90640. CONTRACTOR agrees that it will not cancel, reduce or otherwise modify said insurance coverage. In the event the policy is cancelled for non-payment of premium, CONTRACTOR shall give ten (10) days' prior written notice to AGENCY.
E. CONTRACTOR shall submit to AGENCY (i) insurance certificates indicating compliance with the minimum insurance requirements above, and (ii) insurance policy endorsements indicating compliance with any other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on AGENCY's appropriate standard forms entitled "Additional Insured Endorsement".
F. CONTRACTOR's insurance shall be primary as respects the AGENCY, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the AGENCY, its officers, officials, employees and volunteers shall be excess of the CONTRACTOR 'S insurance and shall not contribute with it.
G. CONTRACTOR agrees that if it does not keep the aforesaid Insurance in full force and effect, and such insurance is available at a reasonable cost, AGENCY may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of CONTRACTOR and the cost of such insurance may be deducted, at the option of AGENCY, from payments due CONTRACTOR.
6 ARTICLE XI. Authorization by CONTRACTOR
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all duly authorized individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.
ARTICLE XII. Termination
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
12.1 Material Breach. For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting party is required to cure the breach within five (5) calendar days upon receipt of written notice.
12.2 Non-Material Breach. For any breach deemed by the non- defaulting party to constitute a non-material breach, the defaulting party is obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if the nature of the non -material breach requires more than ten (10) days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure.
12.3 Failure to Cure. In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non-defaulting party may terminate this Agreement by giving written notice thereof to the defaulting party, setting forth the effective date thereof.
12.4 Termination for Convenience. AGENCY shall have the option, at its sole discretion and without cause to terminate this Agreement for AGENCY’s convenience at any time by providing CONTRACTOR ten-days’ (10-days’) written notice.
12.4.1 Upon receipt of such notice of Termination for Convenience, CONTRACTOR shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities.
12.4.2 AGENCY shall pay CONTRACTOR its reasonable and necessary costs incurred by CONTRACTOR to effect the termination. Thereafter, CONTRACTOR shall have no further claims against AGENCY under this Agreement.
12.4.3 All finished and unfinished documents and materials procured for or produced under this Agreement, including all intellectual property rights AGENCY is entitled to, shall become AGENCY property upon the date of termination.
Further, CONTRACTOR agrees to execute any documents necessary for AGENCY to perfect, memorialize, or record AGENCY’s ownership of any and all rights provided herein.
12.5 Upon the valid termination of this Agreement as provided under this Article, AGENCY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for goods and/or services CONTRACTOR had completed/delivered
7 as of the date of termination, less the amount of all previous payment with respect to the Compensation; provided that CONTRACTOR received AGENCY’s Notice to Proceed (as defined in Section 12.5.1 below) before such goods/services were completed/delivered.
12.5.1 The Notice to Proceed shall be issued within fifteen (15) working days of Contract execution. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between AGENCY and CONTRACTO R. If the Notice to Proceed has not been issued within the 15 -day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Contract without further liability on the part of either party.
ARTICLE XIII. Dispute Resolution and Legal Remedies
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, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded.
ARTICLE XIV. Subcontract, Assignment or Delegation
CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, wither in whole or in part, without the prior written consent of AGENCY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-CONTRACTPR, 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 AGENCY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub -CONTRACTORs. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.
ARTICLE XV. 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 handi cap, mental condition or sexual orientation. CONTRACTOR will take affirmative action to ensure that sub - consultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, m arital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
ARTICLE XVI. Notices
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 (2nd)
8 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:
To AGENCY: City of Montebello
1600 West Beverly Blvd.
Montebello, CA 90640
Attention: Cesar Roldan, Director of
Public Works
Phone: (323) 887-1460
Email: [email protected]
To CONTRACTOR: Phillip West, P.E., QSD/P
West & Associates Engineering Inc.
78 Anacapa Court
Foothill Ranch, CA 92610
Phone: (949) 716-7670
Email: [email protected]
ARTICLE XVII. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision nevertheless will continue in full force and effect without being impaired or invalidated in any way.
ARTICLE XVIII. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the State of California. The venue for any litigation shall be the County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement
ARTICLE XIX. Entire Agreement
This Agreement and the aforementioned Contract Documents shall constitute the entire agreement by the Parties, and supersedes all prior proposals, agreements, and understandings between the Parties and may not be modified or terminated orally. No attempted waiver of any of the provisions herein, nor any change, amendment or modification to this Agreement shall be effective unless in writing and signed by the party against whom the same is sought to be enforced.
ARTICLE XX. Effective Date
Unless otherwise specified herein, this Agreement shall become effective the first date written above (“Effective Date”). This Agreement may be signed in counterparts, each of which shall constitute an original, and which collectively shall constitute one instrument.
9 ARTICLE XXI. Term
The term of this Agreement shall commence on the Effective Date and shall expire on December 31st, 2025 (“Expiration Date”). This term may be extended by written agreement of the Parties for an additional 6-month period at the discretion of the City.
ARTICLE XXII. Survival
The Parties’ obligations under Article VII [Confidentiality], Article VIII [Compliance with State and Local Laws], Article IX [Indemnification], and Article XVIII [Governing Law], will survive the Termination or Expiration of this Agreement.
ARTICLE XXIII. Force Majeure
Neither AGENCY nor CONTRACTOR shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, pandemics (including COVID-19), quarantine restrictions and related government restrictions, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.
[SIGNATURE PAGE TO FOLLOW]
10 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed.
CITY OF MONTEBELLO West & Associates Engineering Inc.
(“AGENCY”) (“CONTRACTOR”)
Raul Alvarez, City Manager Phillip West, President
Date: _______________ Date: _______________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
CONTRACTOR PROPOSAL
West & Associates Engineering, Inc. 78 Anacapa Court, Foothill Ranch, CA 92610 949.716.7670 | 714.728.8082 [email protected]
April 3, 2025
Cesar Roldan
Director of Public Works
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
Subject: Proposal for Final Design, Bidding, and Construction Support of Storm Drain Improvements in 4th Street, from Beach Street to Mines Avenue (Permit #FCDP2021000563)
Dear Mr. Roldan,
West & Associates Engineering is pleased to submit our Proposal to provide Engineering Services for Storm Drain Improvements in 4 th Street, from Beach Street to Mines Avenue. We understand that this is part of a larger storm drain improvement project (Project) for the City’s El Carmel Tract (Beach Street, Hughes Avenue, Bluff Road, and 5th Street), and will address Permit #FCDP2021000563 for the design of a permanent storm drain connection/outlet.
As noted in our letters/memorandums (and Exhibits A, D1, and D2 ) to the County and the City, the proposed alignment in 4th Street will be located about eight (8) feet from centerline (or 12 feet from the easterly curb face), about 1,680 LF in length, and will feature a 30-foot-deep manhole connection to the County’s existing 12.5-ft (150-in) Concrete Arch Pipe (Arch Pipe) in Mines Avenue.
Based on the positive hydraulic modeling results and the promising preliminary feedback from the County, it appears that the County is open to the aforementioned connection on 4 th Street and Mines Avenue.
Therefore, this proposal is prepared for Engineering Services based on Exhibits D1 and D2.
Scope of Services
The Scope of Services will be as follows.
Final Design, Bidding, and Construction Support Services:
1. Prepare detailed base/topo maps in AutoCAD for the preparation of Plans.
2. Conduct Field Survey and prepare surface (xml) files in AutoCAD.
3. Prepare 90% Design Plans and Specifications for City Review.
4. Coordinate with City for redline comments of 90% Design Plans and Specifications.
5. Prepare 100% Design Plans and Specificatio ns for final City review (spot-check review).
6. Coordinate with City to Finalize Plans for si gnature and advertisement of construction bids.
7. Bidding and Construction Support Services
Permitting Services:
1. Coordinate with City to upload current permitting docs (Letter, Exhibits, and/or 90% Plans) to the County’s “Epic LA” website (SelfService Public Site) for Permit #FCDP2021000563.
City of Montebello
Proposal for Final Design of Storm Drain Improvements in 4th Street from Beach Street to Mines Avenue (Permit #FCDP2021000563) April 3, 2025
West & Associates Engineering, Inc. 78 Anacapa Court, Foothill Ranch, CA 92610 949.716.7670 | 714.728.8082 [email protected]
2. Follow-Up with County to review and receive com ments from County on the Letter, Preliminary Design Exhibits, and/or on the 90% Plans.
3. Revise 90% Plans based on the County’s comments.
4. Coordinate with City to upload the revi sed permitting docs/100% Plans to the County.
5. Follow-Up with County to receive permit approval.
Field (Subconsultant) Services:
1. Geotechnical Analysis. Report for trench be dding & backfill (estimate of three (3) borings).
2. Utility Potholing (estimate of ten (10) potholes will be required).
Fee Estimate
Our fee for the tasks above is provided on the following page. Please note that our Scope of Services and Fee is negotiable and can be adjusted based on the City’s needs.
Assumptions/Statements
x Our Scope of Work and Fee is flexible and can be adjusted if requested by the City. x City to upload files to “Epic LA” under their account. Fees by the County will be paid by the City x Design plans will be prepared for 4 th Street from Beach Street to Mines Avenue, as shown in Exhibit A. If the County requires a connection at 3rd Street and Mines Avenue (shown in Orange in Exhibit A). this proposal will need to be revised.
Completion Schedule
The work under this phase will proceed in a timely manner until completion. The schedule of completion can be discussed with the City and provided on an MS Project chart, if requested. ---
Thank you for this project opportunity. Please contact me if you have any questions.
Sincerely,
Phillip West, P.E., QSD/QSP
Principal/President
West & Associates Engineering, Inc.
(949) 716-7670 Office | (714) 728-8082 Cell
[email protected]
y
Phillip West P E QSD/QSP
City of Montebello
Proposal for Final Design of Storm Drain Improvements in 4th Street from Beach Street to Mines Avenue (Permit #FCDP2021000563) April 3, 2025
West & Associates Engineering, Inc. 78 Anacapa Court, Foothill Ranch, CA 92610 949.716.7670 | 714.728.8082 [email protected]
Fee Estimate
Task
No. ITEM
$
NON-OPTIONAL SERVICES
Final Design Services
1 Prepare detailed base/topo maps in AutoCAD for the preparation of Plans. $8,400 2 Conduct Field Survey and Prepare Surface (xml) files in AutoCAD $6,500 3 Prepare 90% Design Plans and Specifications for City Review $25,000 4 Coordinate with City for Redline Comments of 90% Design Plans and Specifications $300 5 Prepare 100% Design Plans and Specifications for Final City Review (Spot-Check Review) $4,600 6 Coordinate with City to Finalize Plans for Signature and Advertisement of Construction Bids $500 7 Bidding and Construction Support Services $15,000
Subtotal $60,300
Permitting Services
1 Coordinate with City to upload current permitting docs (Letter, Exhibits, and/or 90% Plans) to the County’s “Epic LA” website (SelfService Public Site) for Permit #FCDP2021000563 $500 2 Follow-Up with County to review and receive comments from County on the Letter, Preliminary Design Exhibits, and/or on the 90% Plans $500
3 Revise the Preliminary Design Exhibits and/or the 90% Plans based on the County’s comments $2,500 4 Coordinate with City to upload the revised permitting docs/100% Plans to the County $500 5 Follow-Up with County to receive permit approval $500 Subtotal $4,500
Field (Subconsultant) Services
1 Geotechnical Analysis. Report for Trench Bedding & Backfill (Estimate of Three (3) Borings) $28,000 2 Utility Potholing (Estimate of Ten (10) Potholes will be Required) $22,000 Subtotal $50,000
TOTAL NON-OPTIONAL SERVICES $114,800
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD CONSTRUCTION AGREEMENT NO. 4311 FOR THE PAVING
THE WAY PROGRAM MONTEBELLO BOULEVARD FROM LOS
ANGELES AVENUE TO LINCOLN BOULEVARD (CP 888)
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award a Construction Agreement to Toro Enterprises, Inc. for the Paving the Way Program Montebello Boulevard from Los Angeles Avenue to Lincoln Boulevard (CP 888) as the most responsive, responsible bidder in the amount of Three Million, Two-Hundred Ninety-Eight Thousand, Seven Hundred Five Dollars ($3,298,705) payable from Paving the Way — Proposition C funds; and
2. Approve a 15% construction contingency of $494,806 payable from Paving the Way – Proposition C funds; and
3. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and
4. Authorize the City Manager to execute the Construction Agreement (attached hereto in substantial form) and all applicable change orders in good faith; and
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Staff recommends awarding the construction contract to Toro Enterprises, Inc., as the most responsive and responsible bidder in the amount of $3,298,705. Additionally, a 15% construction contingency of $494,806 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $3,793,511 payable from Proposition C Paving the Way bond proceeds (Account No. 215-99-7117, Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way). The adopted
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
Fiscal Year 2024-25 Capital Improvement Project (CIP) Budget allocated the necessary funds for this project. Therefore, no budget amendment is needed as part of the recommended action.
Additionally, staff request authorization for the City Manager to execute all contract change orders that are approved and negotiated in good faith by the Director of Public Works and the Construction Manager, up to the total contract amount of $3,793,511.
BACKGROUND/DISCUSSION:
On March 26, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the Paving the Way Program Montebello Boulevard from Los Angeles Avenue to Lincoln Boulevard — CP 888. This project aims to rehabilitate the asphalt pavement on Montebello Boulevard between Lincoln Avenue and Los Angeles Avenue. The project enhances transportation infrastructure, improves Americans with Disabilities Act (ADA) compliance and includes the addition of center median islands as part of a safety and beautification effort.
The NIB was published on March 27, 2025, in a newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. A total of four (4) bids were received electronically via PlanetBids on April 23, 2025. The following is the tabulation based on the order of when the bids were received:
Contractors Bid Totals
1 Toro Enterprises, Inc. $3,298,705.00
2 Hardy & Harper, Inc. $3,350,000.00
3 All American Asphalt $3,393,227.00
4 Excel Paving $3,648,589.00
The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the analysis, staff’s recommendation is to award Toro Enterprises, Inc. the contract agreement (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends awarding the construction contract to Toro Enterprises, Inc. as the
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
most responsive and responsible bidder for the amount of $3,298,705, plus a 15% construction contingency of $494,806 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life. The total contract award amount — including the 15% contingency — is $3,793,511, payable from Proposition C Paving the Way bond proceeds (Account No. 215-99-7117, Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way); and authorize the City Clerk’s office to release all-other bidders’ bonds; and authorize the City Manager to execute the agreement and all change orders within the contingency amount in good faith.
ATTACHMENT(S)
1. Attachment A - Professional Services Agreement No. 4311 with Toro Enterprises, Inc.
2. Attachment B - Bid Results
AT TACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 4311
WITH TORO ENTERPRISES, INC.
T HIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on May 14, 2025 , (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Toro Enterprises, Inc., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RE
CITALS
W
HEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before April 23, 2025 , published on March 26, 2025, for the work o n Paving the Way Program Montebello Boulevard from Los Angeles Avenue to Lincoln Boulevard — CP 888 (“PROJECT”).
W
HEREAS, on May 14, 2025, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.
N
OW, THEREFORE, in consideration of the promises and the.
NO
W, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
SECT
ION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. T
he above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the CONTRACT DOCUMENTS are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.
b. I
n case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:
1. T
his AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.
2. Appendices
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
3. S
tandard drawings
4. Details
5. Special Provisions, if any
6. Addendums
7. General Specifications and all referenced specifications
8. Bidders Proposal
9. Instructions to Bidders
10. Notice Inviting Sealed Bids
S
ECTION 2. THE WORK
F
or and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
S
ECTION 3. TERM; AND TIME FOR COMPLETION
a. T
his Agreement shall expi re June 30, 2026, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.
b. N
otice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.
SECT
ION 4. COMPENSATION
CO
NTRACTOR hereby agrees to receive and accept the total amount of Three Million, Two -Hundred Ninety -Eight Thousand, Seven Hundred F ive Dollars ($3,298,705), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.
4. 1. Progress Payments
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.
Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.
4. 2. Retention of Funds
P
rogress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.
4. 3. Substitution of Securities
P
ursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.
Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.
SECT
ION 5. UNDOCUMENTED WORKERS
CO
NTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.
SECTION 6. NOTICE T O PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within One Hundred Sixty (1 60) Working Days from the commencement thereof.
SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS a. CO
NTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. T
he presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. P
ending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. T
he CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. I
n the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
SECT
ION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
8.1 . CONTRACTOR License.
CO
NTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.
8.2. In
eligible CONTRACTOR Prohibited.
A
ny CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
8.3. C
ompliance with SB 854 Registration.
T
his P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
8.4 . Trench and Pipeline Safety.
If th
is Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY. 8 .5. Utility Relocation.
T
he CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
8. 6. Third Party Claims Notification.
T
he CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.
8. 7. Unfair Business Practices Claims.
T
he CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
8.8. D
ay’s Work.
CO
NTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
8 .9. Payroll Records.
CO
NTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
8. 10. Employment of Apprentices.
N
othing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.
8.11. R
ecords Audit
I
n accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
SECTION 9. PREVAILING W AGES
a. CO
NTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS. b. T
he following Labor Code sections are hereby referenced and made a part of this Agreement:
1. S
ection 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
SECT
ION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CO
NTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CO
NTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved,
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
the obligation of CONTRACTOR will be f or that e ntire portion or p ercentage of l iability not attributable to the active negligence of the CITY.
SECT
ION 11. BONDS
a. CO
NTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CO
NTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECT
ION 12. INSURANCE REQUIREMENTS
a. P
rior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. E
vidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
C
ity of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECT
ION 13. LIQUIDATED DAMAGES
I
n addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore , if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY for the
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder . Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
SECTION 14. DISPUTE RESOLUTION
14. 1. Claims of $375,000 or Less
a. A
claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1
) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.
14. 2 Public Contract Code 9204 Claims
CO
NTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:
1. CO
NTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.
2. The CITY must respond within 45 days as to which claims are disputed and undisputed.
3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.
4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.
5. All undisputed claims shall be paid within 60 days.
SECT
ION 15. TERMINATION.
15 .1. Termination for Convenience.
T
he CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
15 .2 Termination for Default.
If a
t any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.
15.3 W
aiver of Remedies for any Breach.
I
n the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.
SECT
ION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
I
n the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
SECT
ION 17. COMPLIANCE WITH APPLICABLE LAWS
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.
SECT
ION 18. NOTICE OF COMPLETION
U
pon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
SECT
ION 19. AUTHORITY
A
ny person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.
SECT
ION 20. ENTIRE AGREEMENT
T
his Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.
SECT
ION 21. ATTORNEY’S FEES AND COSTS
I
f either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
SECT
ION 22. INDEPENDENT CONTRACTOR
CO
NTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.
SECT
ION 23. NOTICE
A
ll notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: Toro Enterprises, Inc.
Attn: Sean Castillo, President
2101 East Ventura Blvd
Oxnard, CA 93036
Email: [email protected]
An electronic communication (“ Electronic Notice ”) s hall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECT
ION 24. PROHIBITION AGAINST ASSIGNMENT
T
he experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECT
ION 25. CUMULATIVE REMEDIES
T
he provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECT
ION 26. COUNTERPARTS
T
his Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [
SIGNATURE PAGE TO FOLLOW]
STANDARD PUBLIC WORKS AGREEMENT NO. 4311
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.
CITY OF MONTEBELLO
(“CITY”)
By:
___________________________________
Raul Alvarez, City Manager
Date:
_______
ATTES
T:
_________
____________________________
Christopher Jimenez, City Clerk
APPROVED
AS TO FORM
_________
______________________________
Arnold M. Alvarez-Glasman, City Attorney
TORO ENTERPRISES, INC.
(“CONTRACTOR”)
By:
________________________________
S
ean Castillo, President
Date: _______
EXHIBI
TS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal
EX
HIBIT “A”
INSURANCE REQUIREMENTS
On or
before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.
1. Co
mprehensive General Liability and Automobile Liability Insurance Coverage.
CONT
RACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
Mi
nimum coverage: Bodily injury limits of $ 2,000,000 for each person and $2 ,000,000 for each occurrence; property damage limits of $2 ,000,000 for each occurrence, $5,000,000 aggregate.
Pr
oducts/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A c
ombined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
If
a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. Aut
omobile Liability.
CONT
RACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.
3. Wo
rker's Compensation.
CONT
RACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that
CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4. Additional Insureds.
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.
5. Notice of Cancellation.
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6. Severability Clause.
Each of the policies of insurance shall contain a clause substantially as follows:
The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.
7. Qualifications of Insurer.
All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.
8. Approval of Insurer.
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9. Payment of Premiums.
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.
10. Evidence of Insurance and Claims.
CONTRACTOR shall provide certificates of insurance to the CITY as evidence of
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY ’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
(Use of City Bond Form is Required)
EXHIBIT “B”
PERFORMANCE BOND
PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.
NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPR
OVED AS TO FORM:
_________________________
City Attorney
(Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..
NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Ag reement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's
fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
A
s part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement , plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
Thi
s bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.
Thi
s bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
Thi
s document is signed by the respective parties on the dates next to their names.
Principal
B
y: _________________________________
Ti
tle: ________________________________
S
urety
B
y: _________________________________
Ti
tle: ________________________________
D
ate: ________________________________
D
ate: ________________________________
I
declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California. --OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
S
tate of California )
)
County of ___________________________ )
O
n ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
W
ITNESS my hand and official seal.
S
ignature __________________________________ (Seal)
--
AND –
(
Proof of signature authorization or power of attorney must be attached) APPR
OVED AS TO FORM:
________________________
City Attorney
EXHIBIT "D"
CONTRACTOR'S PROPOSAL
TORO TORO
HARDY & HARPER
INC
HARDY & HARPER
INC EXCEL PAVING EXCEL PAVING ALL AMERICAN ALL AMERICAN ITEM NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 PROJECT INFORMATION SIGNS 2 L S $2,600.00 $5,200.00 $2,500.00 $5,000.00 $1,200.00 $2,400.00 $2,150.00 $4,300.00 2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 L S $571,100.00 $571,100.00 $652,451.00 $652,451.00 $798,000.00 $798,000.00 $645,000.00 $645,000.00 3 PROVIDE CONSTRUCTION SURVEY 1 E A $47,135.00 $47,135.00 $50,000.00 $50,000.00 $45,000.00 $45,000.00 $45,000.00 $45,000.00 4 REMOVE TREE AND STUMP 19 CY $1, 090.00 $20,710.00 $1,200.00 $22,800.00 $980.00 $18,620.00 $850.00 $16,150.00 5 ROADWAY EXCAVATION 2,000 SF $176. 00 $352,000.00 $200.00 $400,000.00 $187.00 $374,000.00 $95.00 $190,000.00 6 REMOVE EXIST AC PAVEMENT 10,640 SF $7. 40 $78,736.00 $12.00 $127,680.00 $11.00 $117,040.00 $3.00 $31,920.00 7 REMOVE EXIST CONCRETE PAVEMENT 430 SF $25. 50 $10,965.00 $20.00 $8,600.00 $8.00 $3,440.00 $6.00 $2,580.00 8 REMOVE EXIST CONCRETE SIDEWALK 1,930 SF $8. 80 $16,984.00 $6.00 $11,580.00 $4.00 $7,720.00 $4.00 $7,720.00 9 REMOVE EXIST CONCRETE CURB AND MEDIAN
IMPROVEMENTS 1,590 LS $30.55 $48,574.50 $20.00 $31,800.00 $5.00 $7,950.00 $18.00 $28,620.00 10 REMOVE EXIST CURB RAMP 10 E A $875.00 $8,750.00 $3,000.00 $30,000.00 $600.00 $6,000.00 $2,000.00 $20,000.00 11 REMOVE EXIST DRIVEWAY APPROACH 1 E A $7,575.00 $7,575.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 12 REMOVE EXIST CROSS GUTTER 7,720 SF $10. 05 $77,586.00 $11.00 $84,920.00 $6.00 $46,320.00 $9.00 $69,480.00 13 REMOVE AND DISPOSE OF PEDESTRIAN PUSH BUTTON
AND POST 2 EA $980.00 $1,960.00 $2,000.00 $4,000.00 $950.00 $1,900.00 $3,200.00 $6,400.00 14 REMOVE EXIST CURB AND GUTTER 300 L F $55.45 $16,635.00 $50.00 $15,000.00 $42.00 $12,600.00 $40.00 $12,000.00 15 COLD MILL EXIST AC PAVEMENT (2") 307,420 SF $0. 60 $184,452.00 $0.45 $138,339.00 $0.45 $138,339.00 $0.35 $107,597.00 16 CONSTRUCT 2" CONVENTIONAL AC OVERLAY TYPE C2-PG
64-10 3,715 TON $150.40 $558,736.00 $123.00 $456,945.00 $120.00 $445,800.00 $120.00 $445,800.00 17 CONSTRUCT AC PAVEMENT 570 T ON $170.00 $96,900.00 $225.00 $128,250.00 $178.00 $101,460.00 $275.00 $156,750.00 18 AGGRESGATE BASE 250 CY $85. 50 $21,375.00 $100.00 $25,000.00 $148.00 $37,000.00 $115.00 $28,750.00 19 CONSTRUCT CONCRETE CURB AND GUTTER A2-8 PER
SPPWC STD. PLAN 120-2 220 LF $44.35 $9,757.00 $60.00 $13,200.00 $120.00 $26,400.00 $100.00 $22,000.00 20 CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD. PLANS
113-2 1,820 SF $8.55 $15,561.00 $10.00 $18,200.00 $16.00 $29,120.00 $15.00 $27,300.00 21 CONSTRUCT CONCRETE CROSS GUTTER AND SPANDREL
PER SPPWC STD. PLAN 122-2 7,720 SF $11.25 $86,850.00 $18.00 $138,960.00 $20.00 $154,400.00 $23.00 $177,560.00 22 CONSTRUCT DRIVEWAY APPROACH PER SPPWC STD.
PLAN 110-2 TYPE A 1 EA $6,610.00 $6,610.00 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $9,500.00 $9,500.00 23 CONSTRUCT CONCRETE CURB A1-8 PER SPPWC STD.
PLAN 120-2 5,650 LF $24.30 $137,295.00 $32.00 $180,800.00 $65.00 $367,250.00 $55.00 $310,750.00 24 CONSTRUCT CONCRETE CURB RAMPS PER SPPWC STD.
PLAN 111-5 (CASE AND TYPE PER PLAN) 10 EA $1,825.00 $18,250.00 $5,000.00 $50,000.00 $5,000.00 $50,000.00 $8,800.00 $88,000.00 25 INSTALL DETECTABLE WARNING SURFACE PER SPPWC
STD PLAN 111-5 9 EA $436.00 $3,924.00 $2,600.00 $23,400.00 $1,600.00 $14,400.00 $1,750.00 $15,750.00 26 ADJUST TO GRADE, WATER VALVE 60 E A $1,460.00 $87,600.00 $180.00 $10,800.00 $760.00 $45,600.00 $750.00 $45,000.00 27 ADJUST TO GRADE, STORM DRAIN MANHOLE 20 E A $1,460.00 $29,200.00 $1,400.00 $28,000.00 $1,400.00 $28,000.00 $1,400.00 $28,000.00 28 ADJUST TO GRADE, SANITARY SEWER MANHOLE 20 E A $1,460.00 $29,200.00 $1,400.00 $28,000.00 $1,500.00 $30,000.00 $1,400.00 $28,000.00 29 FURNISH AND INSTALL TRAFFIC SIGNAL LOOP DETECTORS
AND CONNECT DLC 63 EA $598.00 $37,674.00 $425.00 $26,775.00 $410.00 $25,830.00 $600.00 $37,800.00 30 INSTALL TRAFFIC STRIPING, SIGNING, DELINEATORS 1 L S $105,000.00 $105,000.00 $70,000.00 $70,000.00 $68,000.00 $68,000.00 $75,000.00 $75,000.00 31 INSTALL SERVICE EQUIPMENT ENCLOSURE, TYPE III-B PER
CALTRANS STD PLAN ES-2E 2 LS $13,050.00 $26,100.00 $28,000.00 $56,000.00 $13,000.00 $26,000.00 $13,000.00 $26,000.00 32 MEDIAN HARDSCAPE AND LANDSCAPE PLANTING 1 LS $367,500.00 $367,500.00 $300,000.00 $300,000.00 $423,000.00 $423,000.00 $475,000.00 $475,000.00 33 IRRIGATION SYSTEM 1 LS $201,910.00 $201,910.00 $200,000.00 $200,000.00 $182,000.00 $182,000.00 $200,000.00 $200,000.00 34 PLANT ESTABLISHMENT AND MAINTENANCE PERIOD (90
DAYS) 1 LS $10,900.00 $10,900.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 $3,298,704.50 $3,350,000.00 $3,648,589.00 $3,393,227.00 Bid Results
ATTACHMENT B
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE AGREEMENT NO. 4301 WITH BRIAN D. HEINZ (DBA HEINZ
LABORATORIES) FOR HAZARDOUS MATERIALS (HAZMAT)
TRAINING OF FIRE SUPPRESSION PERSONNEL
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4301 between the City of Montebello and Brian D. Heinz (DBA Heinz Laboratories) for provision of Hazardous Materials Specialist Training of Fire Suppression Personnel; and
2. Amend the Fiscal Year 2024-25 adopted budget to increase appropriations by $140,000 in Account No. 600-90-915-6040.10 (Transit, Transportation, Corporate Shop, Contract Services-Outside Contracts); and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Professional Services Agreement No. 4301 (Attachment B) with Brian D. Heinz (DBA Heinz Laboratories) has a not-to-exceed amount of $140,000 for providing Hazardous Materials Specialist training for up to twenty-five (25) fire suppression personnel . The Department of Transportation has agreed to fund Hazmat training to prepare for the City’s future use of hydrogen buses. A budget amendment for Fiscal Year 2024-25 is required to increase appropriations by $140,000 in Account No. 600-90-915-6040.10 (Transit, Transportation, Corporate Shop, Contract Services-Outside Contracts).
Staff is seeking authorization to approve the professional services agreement utilizing the exception to standard procurement processes allowed by Montebello Municipal Code Chapter 3.20.050(I): "Solicitation of Bids with No Response: Where competitive bids or
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing Manager may proceed to have the services performed or the goods procured without further competitive bidding." Fire Department staff solicited proposals from qualified vendors, with only two responses received.
BACKGROUND/DISCUSSION:
In September 2024, the City Council directed staff to evaluate the department’s ability to independently respond to hazardous materials incidents. Montebello faces an increasing number of potential hazmat scenarios due to factors such as industrial activity, major highways (SR-60), freight rail lines, and the introduction of CNG and hydrogen fuel cell buses. Currently, the City relies solely on mutual aid from external agencies for hazardous materials (HAZMAT) incidents, which may delay stabilization and increase risks.
The establishment of a Type 2 Hazardous Materials Team, as classified by the California Governor's Office of Emergency Services (Cal OES), would allow the Montebello Fire Department to respond more effectively by providing capabilities such as:
• Chemical and radiological identification
• Emergency decontamination
• Evacuation zone analysis
• Protective action recommendations
• Scene safety and environmental containment
To ensure 24/7 response capabilities, twenty-five Fire Department personnel are being trained to provide cross-shift coverage. This team will be integrated with the City’s Emergency Operations Plan and regional mutual aid frameworks.
California’s requirements for Hazardous Materials Technician and Specialist certification are the highest in the nation, which requires comprehensive hazardous materials courses to meet or exceed national training standards. California Government Code §8574.20 (e) provides a single coordinated standardized curriculum to train and certify hazardous materials outreach instructors. When seeking training for personnel, it is vital to find a vendor that is certified by the California Governor's Office of Emergency Services in order to receive certificates of completion for all participants as a Haz Mat Technician. The total hours of completion is 160, including training in basic chemistry, applied chemistry, incident considerations and tactical field operations.
Staff proceeded to request quotes for training. There are very few companies available for this specialty, and only two companies responded to the City's inquiry (Attachment A).
In conformance with bidding procedures, Chapter 3.20.050(I) of the Montebello Municipal Code (MMC), an informal survey was conducted by the Fire Department to determine whether the vendor can meet the training required to get fire personnel properly certified. As such, Staff is seeking approval of Agreement No. 4301 utilizing the exception to bidding procedures provided by Chapter 3.20.050(I).
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
Due to the cancellation of the April 23, 2025 City Council meeting, staff was unable to present this item for approval prior to the beginning of training. Staff looked into postponing the training until City Council could review and approve the agreement.
However, Heinz Laboratory had no availability for approximately the next year, so staff were directed to proceed with the necessary training and seek execution of Agreement No. 4301 at the earliest possible City Council meeting. The training began the week of April 28, 2025 to maintain the scheduled instruction and ensure readiness ahead of the City’s transition to hydrogen-fueled buses, as well as to meet the myriad existing hazards within the City of Montebello.
Training was delivered at City facilities, which provided significant cost savings compared to off-site instruction. This approach allowed more personnel to receive certification within a six-week window.
ENVIRONMENTAL:
N/A
ANALYSIS:
A Type 2 hazmat program is crucial in light of Montebello’s historical and current exposure to hazardous incidents. Notable past incidents, including a 1988 chemical plant leak affecting over 1,000 residents and groundwater contamination in 1945, demonstrates the ongoing need for local response capabilities. The proposed program aligns with NFPA 1072 and OSHA 29 CFR 1910.120 standards and enhances Montebello’s preparedness while opening opportunities for regional collaboration and cost recovery through mutual aid.
Montebello has several facilities handling hazardous materials, such as the Chevron service station, a Tesla service center, and a growing fleet of CNG and FCEB buses operated by Montebello Bus Lines. Although these technologies promote cleaner energy, they present unique risks, including explosion hazards, requiring advanced mitigation and emergency response training. Having a dedicated hazmat team will significantly reduce reliance on external agencies like the Los Angeles County Fire Department’s Health Hazardous Materials Division, leading to faster, more coordinated responses and improved outcomes during hazmat events.
SUMMARY:
Staff is providing notification of proceeding with the Hazardous Materials training and seeking approval of Agreement No. 4301 with Brian D. Heinz (DBA Heinz Laboratories) for Montebello Fire Department personnel to become certified hazardous materials technicians and/or specialists. This training represents a proactive and strategic investment in public safety, regulatory compliance, and environmental stewardship. The requested FY 2024-25 budget amendment of $140,000 (Account No. 600-90-915- 6040.10, Transit, Transportation, Corporate Shop, Contract Services-Outside Contracts) supports this initiative and prepares the Montebello Fire Department to operate a Type 2
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
Hazardous Materials Response Program that enhances in-house capabilities and reduces response times.
ATTACHMENT(S)
1. Attachment A - Bidding Sheet
2. Attachment B - Montebello PSA 4301 Brian Heinz - Executed Agreement
ATTACHMENT A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4301
WITH Brian D. Heinz (DBA Heinz Laboratories)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on April 28 , 202 5 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Brian D. Heinz (DBA Heinz Laboratories) (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a q ualified professional consultant to provide hazmat training services to CITY Fire Department personnel; and
WHEREAS, the CONSULTANT is fully qualified to perform such services by virtue of its experience and the training, education, and the expertise of its principals and employees; and
WHEREAS, the City evaluated the CONSULTANT and determined that the CONSULTANT will meet its requirements in a satisfactory manner.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above- referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. Proposal and Best Final Offer received by the successful proposer.
c. 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 listed above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provisions of the services in the CONSULTANT’s proposal, as such is set forth fully in Exhibit “A ” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties.
To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. The CONSULTANT shall provide to the CITY all labor, equipment,
materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A” (hereinafter “Professional Services”).
C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto within Exhibit “A” (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on May 30, 2025 or when the training services have been completed , from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended through June 30, 2025, with mutual agreement from both parties. b. Notice to Proceed. Any work or Professional S ervice contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable department head.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONSULTANT shall employ, at a minimum, generally accepted standards a nd practices utilized by companies engaged in providing similar Professional Services, as a re required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be k nowledgeable of and subject to all applicable CITY ordi nances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, a dditional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pu rsuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY d uring and upon compl etion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are de emed confidential and sh all not be disclosed by the CONSULTANT without pri or written consent by the CITY. The CITY sh all grant such consent if d isclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No ex tra ser vices over and above the Compensation sh all be rendered by the CONSULTANT under this Agreement u nless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to ob taining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of this Agreement by the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
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) calendar 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) calendar days cease and terminate.
Violations by the CONSULTANT which cannot be corrected within ten (10) calendar days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the C ITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY 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 the Agreemen t. In the event of a termination for cause, the CONSULTANT shall only be entitled to the compensation for those Professional Services satisfactorily performed on or before the effective date of termination.
b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) calendar days’ written n otice to the CONSULTANT. Upon the termination of this Agreement as pro vided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all pre vious payment with respect to the
Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or a gents shall h ave control o ver the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay sa lary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants 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 p artnership, joint venture, empl oyment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall
be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is d etermined by a court of competent jurisdiction or CalPERS to be el igible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby a gree to waive any c laims to, a ny compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at al l times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd all claims, demands, lawsuits, d efense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed b oards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or d amages to property that may arise from or in connection with CONTRACTOR’s p erformance of this Agreement. Such insurance sh all be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property
damage, including products-completed o perations, personal injury, a nd advertising injury, with limits no less than $1,000,000 per occurrence, $2,000,000 aggregate.
Professional Liability insurance appropriate to the CONTRACTORS’S profession, with limit no less than $1,000,000 p er occ urrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may ei ther (i) immediately terminate this Agreement for Cause; or (ii) take out the n ecessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon. .
f. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
g. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
h. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
i. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) calendar days’ prior written notice ten )(10) calendar days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the ne cessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
j. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Principal Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
k. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) calendar days prior notice shall be provided.
l. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
m. The CONSULTANT shall provide proof t hat p olicies 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.
n. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced e xcept on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
o. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be i n excess of CONSULTANT’s insurance and shall not contribute with it.
p. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
q. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall e ither reduce or eliminate the d eductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
r. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its d uties or rights hereunder, either in whole or in part, without the prior written co nsent of the CITY.
Any propos ed subcontract, delegation, or assignment shall pro vide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any su bcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations unde r this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any p rovision(s) of this Agreement shall, to the e xtent 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 b ecause 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, co sts and necessary d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an aw ard 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. 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.
c. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
d. 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.
e. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), p ersonally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepai d, registered or certified, addressed as h ereinafter pro vided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Consultant: Brian D. Heinz DBA Heinz Laboratories Brian Heinz
PO Box 1376
Highlands, TX 77562
(530) 949-9486
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DIS CRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In th e p erformance of this A greement, the CONSULTANT sh all n ot d iscriminate against any employee, sub-consultant, or app licant f or employment b ecause o f race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexua l orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated durin g employment, without regar d to th eir race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientat i on.
SECTION 24. CONFLIC T OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONSULTANT fu rther covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Fu rthermore, the CONSULTANT shall avoid the appearance of having an y interest that wo uld conflict in any manner with th e performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or r eceive any compensation, mon etary or otherwise, to or from the ultim ate vendor(s) of services to the CITY as a r esult of t he performance of this Agreeme nt, or t he services that m ay be procured by t he CITY as a r esult of t he recommendations mad e by the CONSULTANT. The CONSULTANT's co venant unde r this section shal l sur vive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This A greement contai ns t he e ntire u nderstanding between t he CITY a nd the CONSULTANT. A ny prior agreements, promises, neg otiations or represent ations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement sh all be effective only if in writi ng and signed by each party. If an y
term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO Brian D. Heinz (DBA Heinz
Laboratories)
Raul Alvarez, City Manager Brian Heinz, Owner
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
Brian Heinz (Apr 30, 2025 12:22 PDT)
Raul Alvarez (Apr 30, 2025 16:36 PDT)
Arnold M. Alvarez-Glasman (Apr 30, 2025 17:03 PDT)
Arnold M. Alvarez-Glasman
Christopher Jimenez (Apr 30, 2025 17:39 PDT)
Montebello PSA 4301 Brian Heinz
Final Audit Report 2025-05-01
Created: 2025-04-30
By: Andrew Kim ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAz2mGO1zqIvztydFUBlMwVE4--aFjda1f "Montebello PSA 4301 Brian Heinz" History
Document created by Andrew Kim ([email protected])
2025-04-30 - 2:08:20 AM GMT
Document emailed to Brian Heinz ([email protected]) for signature 2025-04-30 - 2:08:28 AM GMT
Email viewed by Brian Heinz ([email protected])
2025-04-30 - 7:21:03 PM GMT
Document e-signed by Brian Heinz ([email protected])
Signature Date: 2025-04-30 - 7:22:08 PM GMT - Time Source: server Document emailed to Raul Alvarez ([email protected]) for signature 2025-04-30 - 7:22:11 PM GMT
Email viewed by Raul Alvarez ([email protected]) 2025-04-30 - 7:22:51 PM GMT
Document e-signed by Raul Alvarez ([email protected]) Signature Date: 2025-04-30 - 11:36:37 PM GMT - Time Source: server Document emailed to Arnold M. Alvarez-Glasman ([email protected]) for signature 2025-04-30 - 11:36:39 PM GMT
Email viewed by Arnold M. Alvarez-Glasman ([email protected]) 2025-04-30 - 11:58:18 PM GMT
Document e-signed by Arnold M. Alvarez-Glasman ([email protected]) Signature Date: 2025-05-01 - 0:03:58 AM GMT - Time Source: server Document emailed to Christopher Jimenez ([email protected]) for signature 2025-05-01 - 0:04:01 AM GMT
Email viewed by Christopher Jimenez ([email protected]) 2025-05-01 - 0:04:24 AM GMT
Document e-signed by Christopher Jimenez ([email protected]) Signature Date: 2025-05-01 - 0:39:59 AM GMT - Time Source: server Agreement completed.
2025-05-01 - 0:39:59 AM GMT
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: AUTHORIZE SUBMITTING AN APPLICATION FOR THE 2025 AIR
QUALITY MANGEMENT DISTRICT (AQMD) CARL MOYER MEMORIAL
AIR QUALITY STANDARDS ATTAINMENT GRANT PROGRAM
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize submission of a grant application to the South Coast Air Quality Management District (AQMD) Carl Moyer Program for the replacement of fire department apparatus as determined appropriate by the Fire Department during the application process; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact at this time for submitting the grant application. If awarded, the Carl Moyer Program may fund up to 80% of the replacement cost for authorized emergency vehicles for small fleets. The City’s required match will be identified upon final award notification. Should the City be successful in receiving this grant funding, Staff will return to the City Council with an agenda report to appropriate the funds.
BACKGROUND/DISCUSSION:
The Montebello Fire Department operates a 2004 Brush Type 3 truck that plays a critical role in wildland fire suppression and emergency response throughout the City and region.
This apparatus is nearing the end of its useful life and is approaching non-compliance with California Air Resources Board (CARB) emissions standards.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
The South Coast AQMD Carl Moyer Program provides financial assistance to public agencies for the replacement of older, high-emission vehicles with cleaner alternatives (Attachment A). The Program aims to reduce emissions and improve regional air quality.
Under the current guidelines, replacement of authorized emergency vehicles, including fire apparatus, is an eligible funding category. If selected, the existing vehicle must be permanently removed from service.
While the Department is currently evaluating replacement options, the application may ultimately reflect the 2004 Brush Type 3 truck or another apparatus, depending on operational priorities and eligibility determinations made during the application process.
ENVIRONMENTAL:
N/A
ANALYSIS:
Participation in the AQMD Carl Moyer Program presents an opportunity to replace an aging fire department vehicle without significantly impacting the City’s General Fund. The selected apparatus will meet current emissions standards and improve the Department's ability to respond to emergencies effectively.
To submit a complete application, the Department will need to provide vendor quotes, historical usage data, and documentation of regulatory compliance. The replacement vehicle will be required to operate primarily within the South Coast AQMD jurisdiction over a defined project life. Applications are due by July 1, 2025, and funding decisions are expected in early 2026.
SUMMARY:
Staff recommends City Council authorization to pursue external grant funding for the replacement of a critical emergency response apparatus by applying for funding through South Coast AQMD's Carl Moyer air quality standards attainment grant program. This action supports the City’s public safety and environmental sustainability objectives and positions the City to benefit from regional air quality improvement initiatives. Should the City be successful in receving grant funds, Staff will return with an agenda report seeking City Council approval to appropriate the funds.
ATTACHMENT(S)
1. Attachment A - AQMD Carl Moyer Program Announcement
PA2025-03
1 2025
CARL MOYER MEMORIAL
AIR QUALITY STANDARDS ATTAINMENT PROGRAM
PROGRAM ANNOUNCEMENT
“Year 27”
SOUTH COAST AQMD PROGRAM ANNOUNCEMENT
PA2025-03
The South Coast Air Quality Management District (South Coast AQMD) is pleased to announce the availability of funds for the Carl Moyer Memorial Air Quality Standards Attainment Program (hereafter “CMP”). The CMP has played a significant role in incentivizing equipment owners to purchase cleaner-than-required engines, vehicles and equipment. This year marks South Coast AQMD’s 27th year of CMP implementation.
The CMP is intended to obtain “surplus” emission reductions of Nitrogen Oxides (NOx), Particulate Matter (PM10) and Reactive Organic Gases (ROG) from heavy-duty vehicles and other equipment operating in California as early and as cost-effectively as possible. The CMP provides financial incentives to equipment owners to repower, retrofit or replace in-use heavy- duty vehicles and equipment with cleaner-than-required engine and equipment technologies that will achieve emission reductions that are real, surplus, quantifiable and enforceable. Due to the recent wildfires, South Coast AQMD will prioritize applications involving fire recovery equipment.
SECTION I – PURPOSE
The purpose of this Program Announcement (PA) is to solicit project applications for the 2025 CMP. The budget for this PA will be approximately $43.4 million from the CMP Funds and AB 923 Match Funds. The South Coast AQMD expects to receive additional funds for this year’s CMP, which may include, but not limited to, funds in support of AB 617-Community Air Protection Program and the Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program.
All applications will be evaluated based on the criteria set forth in this PA, the 2024 CMP Guidelines, and any subsequent updates and modifications/advisories to the Guidelines. This PA was prepared based on the latest version of the 2024 CMP Guidelines approved by the California Air Resources Board (CARB) on October 24, 2024, and all associated updates, which are available at: https://ww2.arb.ca.gov/guidelines-carl-moyer.
This PA generally identifies the equipment categories, project options and eligibility criteria to qualify for grant funding under this year’s CMP. Any tax obligation associated with an award is the responsibility of the Applicant.
In the preparation of this PA, the words “Applicant” and “Recipient” are used interchangeably.
South Coast AQMD staff will evaluate all qualified applications and make recommendations to the Governing Board for final selection of project(s) to be funded. All eligible projects will be
ATTACHMENT A
PA2025-03
2 ranked based on the cost-effectiveness of NOx, PM10 and ROG emissions reduced. Please note that depending upon the number of applications received in response to this PA, South Coast AQMD may prioritize the selection of projects to reduce emissions in and around disadvantaged communities (DAC) and low-income communities located within the South Coast AQMD jurisdiction. While South Coast AQMD encourages all eligible applications, this means that some projects may not be selected based on their domicile address, regardless of their cost- effectiveness.
At least 50 percent of South Coast AQMD’s CMP funds will be targeted for projects that meet the criteria of disadvantaged or low-income community projects. Other non-CMP funding sources may have DAC and/or low-income status requirements that may limit South Coast AQMD’s ability to award such funding to projects that do not meet applicable geographic or income requirements. The Office of Environmental Health Hazard Assessment (OEHHA) in the California Environmental Protection Agency (CalEPA) has developed the California Communities Environmental Health Screening Tool: CalEnviroScreen Version 4.0 (CalEnviroScreen 4.0). The CalEnviroScreen 4.0 tool will be used by South Coast AQMD to identify projects that qualify as a DAC, which is defined as scoring in the top 25th percentile and will strive to maximize the benefits to these communities. All applications will be assessed with the CalEnviroScreen tool to identify and verify if the project will benefit a DAC within the 25th percentile. This tool is available at: https://oehha.ca.gov/calenviroscreen/report/calenviroscreen- 40 South Coast AQMD’s CMP is administered locally through its Technology Advancement Office.
The South Coast AQMD reserves the right to allocate its CMP funds among the program categories or to specific projects in accordance with South Coast AQMD priorities. Applicants may only be offered partial funding due to cost-effectiveness or funding category limitations (i.e., caps), and not all applications that meet the cost-effectiveness criteria may be funded.
SECTION II – LEGAL UPDATES AND DEFINITIONS
CONFLICT OF INTEREST
Applicants must address any potential conflicts of interest with other clients affected by actions performed by the firm on behalf of the South Coast AQMD. Although the applicant will not be automatically disqualified by reason of work performed for such firms, the South Coast AQMD reserves the right to consider the nature and extent of such work in evaluating the application.
Conflicts of interest will be screened on a case-by-case basis by the South Coast AQMD General Counsel’s Office. Conflict of interest provisions of the state law, including the Political Reform Act, may apply to work performed pursuant to this agreement. An example of a conflict of interest may occur when a consultant applying on behalf of an applicant for funding under the CMP is also contracted with South Coast AQMD.
COMPLIANCE WITH APPLICABLE LAWS
Applicants must comply with all federal, state, and local laws, ordinances, codes and regulations.
If the application is eligible for funding, all vehicles and/or equipment to be purchased, or installed must be compliant with all applicable federal, state, and local air quality rules and regulations, and will maintain compliance for the full Agreement term.
PA2025-03
3 COMPLIANCE WITH LABOR LAWS
If an application is deemed eligible, the applicant will be required to provide any labor violations that have occurred within the last three years to be further considered for an award. If awarded, the Recipient will be required to notify South Coast AQMD in writing if they have been found by a court or federal or state agency to have violated labor laws. As part of their annual report, the Recipient will complete a yearly certification in which they will either state that they have not been found by a court or federal or state agency to have violated labor laws or, if such violations have been found, the Recipient will give South Coast AQMD details about those violations in the certification. If the Recipient has previously provided that information to the South Coast AQMD, they will be required to reattach that previous notification to the certification and provide any additional details about those violations that have not previously been provided. The Recipient’s yearly certification will be due at the same time as the annual progress reports. South Coast AQMD reserves the right to terminate the agreement with a Recipient that has been found to have violated labor laws, and the Recipient may be required to return any and all contract funds, as determined by South Coast AQMD. The Recipient will also ensure that these requirements are included in all subcontracts.
STATEMENT OF COMPLIANCE
Government Code Section 12990 and California Administrative Code, Title II, Division 4, Chapter 5, require employers to agree not to unlawfully discriminate against any employee or applicant because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age. A statement of compliance with this clause is included in all South Coast AQMD agreements.
ECONOMIC SANCTIONS (RUSSIA/UKRAINE)
On March 4, 2022, Governor Gavin Newsom issued Executive Oder N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. Applicants who are considered eligible for CMP funds under this PA and received executed agreements from South Coast AQMD, are obligated to comply with existing economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine.
DEFINITIONS
Alternative Fuel
Alternative fuels include compressed natural gas (CNG), liquefied natural gas (LNG), hydrogen (H2), propane (LPG) and electric technologies. Experimental technologies and fuels will be referred to CARB for evaluation and possible eligibility in the Program.
Equipment Replacement
Equipment replacement means the replacement of an older vehicle or piece of equipment that still has a remaining useful life with a newer, cleaner vehicle or piece of equipment. For Equipment Replacement project types, applicant must have owned and operated the old (i.e., existing) equipment in California for the previous two years from date of application. For locomotive projects, the applicant must have owned and operated the old equipment in California for minimum of one year.
PA2025-03
4 Engine Repower
Engine repower means the replacement of an in-use engine with another, cleaner engine within an existing vehicle or equipment.
Retrofit
An emission control system is employed exclusively with an in-use engine, vehicle or piece of equipment. CARB guidance requires the applicant to select the highest-level technology certified for that engine that provides the most emission reductions. For many projects, this includes a diesel emission control device that reduces both PM and NOx emissions. In order to be eligible for CMP funding, the retrofit device must be verified for the specific engine family found on the equipment and achieve the highest-level emission reductions when compared to other verified retrofit devices. If a specific device reduces both NOx and PM, but the PM reduction from a retrofit is required by a regulation, only the NOx reduction may be eligible for funding.
South Coast AQMD Jurisdiction
The South Coast AQMD is the air pollution control agency for all of Orange County and the urban portions of Los Angeles, Riverside and San Bernardino counties. Within Riverside County, the South Coast AQMD also has jurisdiction over the Salton Sea Air Basin and a portion of the Mojave Desert Air Basin. This area of 10,743 square miles is home to approximately 17 million people–about half the population of the state of California. It is the second most populated urban area in the United States and one of the smoggiest. Visit http://www.aqmd.gov/nav/about/jurisdiction for more information.
SECTION III -- FUNDING CATEGORIES
Project equipment must be domiciled within the South Coast AQMD jurisdiction and operate a minimum of 75 percent of the time within the boundaries of the South Coast AQMD jurisdiction, except for on-road replacement projects, which are required to operate at least 51 percent of the time in the South Coast AQMD jurisdiction. Below are the specific project categories identified for funding under this PA:
Project Category* Examples
On-Road Heavy-Duty Vehicles
• Transit Buses
• Heavy Duty Trucks and Buses
• Drayage Trucks
• Solid Waste Vehicles
• Public Agency/Utility Vehicles
• Emergency Vehicle Replacement (fire
apparatus)
• Airport Shuttles
PA2025-03
5 Project Category* Examples
Off-Road Equipment
• Construction Equipment
• Cargo Handling Equipment
• Industrial Equipment
• Agricultural Mobile Equipment (loaders,
tractors, water pulls, etc.)
• Large Spark Ignition Equipment
• Portable Engines
• Utility Terrain Vehicles (UTVs)
• Marine Engine Repower
• Marine Replacement
• Ship-Side Shore Power
• Locomotives
• Transportation Refrigeration Units (TRUs)
Infrastructure (to fuel or power a zero-
emission, heavy-duty vehicle or
equipment)
• Battery Electric Charging Station
• Hydrogen Fueling Station
• Stationary Agricultural Pump Electrification
• Shore Power
*To be eligible for funding, all projects must comply with all applicable federal, state, and local air quality rules and regulations.
ON-ROAD VEHICLES
Below are the key requirements for on-road, heavy-duty vehicle projects:
• Please note that Class 4, Class 5, and Class 8 battery electric goods movement vehicle projects may not be prioritized from this solicitation due to potential overlap with the INVEST CLEAN program.
• A project’s new engine(s) may not be diesel-fueled (except Emergency Apparatus). • Eligible engine model years are 2019 and older. Engine model years 2009 and older subject to the Truck and Bus Regulation are no longer eligible as their compliance life has passed. • Projects must include commercially available technologies that are certified or verified by CARB.
For purposes of the CMP, the following on-road vehicle classifications are used:
Vehicle Classification GVWR
Light Heavy-Duty (LHD) 14,001 to 19,500 pounds
Medium Heavy-Duty (MHD) 19,501 to 33,000 pounds
Heavy Heavy-Duty (HHD) Over 33,000 pounds
The proposed vehicle must be in the same weight class as the existing vehicle (LHD, MHD or HHD). The engine must be certified to the applicable heavy-duty intended service class as shown on the engine certification Executive Order. However, the following cases may be allowed: 1) MHD engines may be installed in HHD vehicles with GVWR up to 36,300 lbs. (10 percent higher than 33,000 lbs. GVWR) with written warranty verification by engine and chassis manufacturer, or 2) HHD engines may be installed in MHD vehicles if necessary for vocational
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6 purposes but only if the GVWR are within 10 percent of the HHD intended service class (i.e., GVWR of 29,701 lbs. or greater).
Executive Orders for on-road vehicles may be downloaded at:
http://www.arb.ca.gov/msprog/onroad/cert/cert.php.
Project emission reductions and therefore funding will be based on the lower of two 12-month periods of California usage during the previous thirty months. Fleet averages cannot be used.
Replacement of On-Road Vehicles
This project type involves the replacement of an older, in-use vehicle with a newer, cleaner vehicle. The replacement engine must be certified by CARB at or below the optional low NOx standard of 0.02 g/bhp-hr (or cleaner) and PM emission standard of 0.01 g/bhp-hr. In alignment with South Coast AQMD’s 2016 AQMP, all on-road projects under the CMP must select the optional low-NOx, hybrid or zero-emission technologies. Diesel engines are not allowed in replacement vehicles except for Emergency Vehicles.
The South Coast AQMD requires that all on-road projects be operated within the South Coast AQMD jurisdiction for at least 75 percent of the time.
Applicants must clearly demonstrate their compliance status with the applicable CARB regulation (i.e., Statewide Truck & Bus Regulation, Fleet Rule for Public Agencies & Utilities, Transit Bus Regulation, TRU Airborne Toxic Control Measure (ATCM), etc.) at the time of application submittal and remain in compliance through final selection and agreement execution (if selected).
Please note that if you are an owner of a small fleet (20 or fewer vehicles greater than 8,501 lbs.
GVWR), you may be eligible for funding through the On-Road Voucher Incentive Program (VIP). Please refer to the South Coast AQMD’s VIP web page to explore funding opportunities for replacement at: www.aqmd.gov/vip.
In addition, the following on-road projects will be considered on a case-by-case basis:
• On-road vehicles with a GVWR between 8,501 and 14,000 pounds, • Retrofits that reduce NOx by at least 15 percent; for engines that are certified above 0.01 g/bhp-hr PM, the retrofit must also reduce PM emissions by 85 percent.
Award amounts are dependent upon the project emission reductions calculated based upon the annual mileage, engine model year, and cost effectiveness limit of the project (See Section VI).
Award amount is capped to the lower of two caps: (1) small fleets (20 or fewer vehicles greater than 8,501 lbs. GVWR) eligible up to 80 percent of the vehicle cost and large fleets eligible up to 50 percent of the vehicle cost (2) based upon the project type (see on Page 7).
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7 Funding Caps for vehicles subject to Truck and Bus Regulations* Replacement
Type/Weight Class HHD MHD LHD
ZEV $410,000** $180,000** $170,000**
Optional low NOx
standard (0.02) $160,000** $120,000** $70,000**
*for other project types, please refer to Carl Moyer Guidelines Chapter 4: On-Road Heavy-Duty Vehicles Section B
** Small fleets with 20 or fewer vehicles are eligible up to 80 percent and large fleets eligible up to 50 percent of the replacement vehicle cost
On-Road Emergency Vehicle Replacement
Authorized emergency vehicles, as described in California Vehicle Code 165, including but not limited to fire apparatus, pumpers, ladder trucks, water tenders, and prisoner transport buses, are exempt from CARB regulations and therefore eligible for CMP funding. Eligible emergency vehicle projects are those in which an older, more polluting emergency vehicle is replaced with a new or used replacement vehicle with an engine meeting the current model year California emission standards. The old, replaced vehicle must be destroyed. Vehicles subject to the Clean Truck Check Heavy-Duty Inspection and Maintenance (HD/IM) Program must submit proof of compliance.
A fire truck reuse option is also available on a case-by-case basis. The fire truck reuse option allows fire departments to give away the existing old vehicle and destroy another older vehicle in its place.
On-Road Vehicle Conversion
Conversions involve the replacement or modification of the original engine or vehicle to include either a cleaner engine or other system that provides motive power and change of the fuel type used. Hybrid conversion systems using internal combustion engines must be certified according to “California Certification and Installation Procedures for Medium-and Heavy-Duty Vehicle Hybrid Conversion Systems.” The baseline engine model year for hybrid conversions must be 2010 or newer. The conversion system manufacturer must provide written confirmation that the funded vehicle would not exceed the certified allowable limit. All-electric conversion systems must receive an exemption Executive Order per Vehicle Code section 27156.
INFRASTRUCTURE
Infrastructure projects that enable the deployment of advanced and cleaner technologies to support the State’s air quality goals are also eligible for CMP funding. Depending upon the number of applications received, the South Coast AQMD may have to limit the available CMP funding that will be allocated to infrastructure projects. Specifically, projects in this category involve the installation of fueling or energy infrastructure that will be used to fuel or power zero- emission heavy-duty vehicles or equipment. Infrastructure proposals designed to exclusively fuel or charge light-duty vehicles are not eligible for CMP funding.
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8 Infrastructure projects will be selected on a competitive basis taking into consideration the project location, total requested funding, the percentage of renewable source, public accessibility, expected usage for the life of the project, fleet commitments to utilize the infrastructure, equipment throughput relative to cost, project implementation timeliness, cost- share, and other factors. Light-duty infrastructure can be considered but are deemed low-priority due to the shortage of heavy-duty charging and H2 re-fueling stations in the South Coast Air Basin. Each scoring criterion will be weighted as shown in the table below. The priority for project selection may change based on technology development/commercialization and requirements of any additional funds that may become available. Please note that applications for heavy-duty vehicle charging stations may not be prioritized in this solicitation due to potential overlap with the INVEST CLEAN Program. Infrastructure projects are not subject to a cost- effectiveness limit but are subject to maximum limits prescribed by CARB.
Infrastructure Project Scoring Criteria
Criteria # Criteria Percentage
1 Project Location (if in an AB617 community) 8%
2 Renewable Sources 8%
3 Expected Throughput Usage per District Cost 20%
4 Project Co-Funding 10%
5 Infrastructure Usage and Equipment Availability 30%
6 Project Readiness and Benefits to South Coast Air
Basin 21%
7 Application Completeness at Submittal 3%
Total 100%
Applicants must provide cost information that specifies the amount of funding requested and the basis for that request by attaching vendor quotes to the application. The vendor quotes must be dated within 90 days of the application submittal date. Applicants need to inform vendors of the time frame of the award process so that they can estimate prices based on the future/projected order/purchase date.
Eligible costs include planning and engineering, permitting, equipment necessary for the functional operation of the infrastructure, and installation. Operational costs are not eligible and should not be included in the vendor quotes.
Applicants shall include a description of the installation vendor selection process. Applicants must demonstrate that they either own the land on which the project will be located, or control it through a long-term lease, easement or other legal arrangement, for the duration of the project life. Infrastructure projects may also require a case-by-case review by CARB.
Eligible infrastructure projects include, but are not limited to:
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9 • Battery charging stations: New, conversion of existing, and expansion to existing battery charging stations for medium and heavy-duty vehicles and equipment. • Hydrogen Fueling Station: New, conversion of existing, or expansion of existing hydrogen fueling station for medium and heavy-duty vehicles and equipment. • Stationary Agricultural Station: Electrification of pump funded by air district with FARMER Program Guidelines.
• Shore Power: Shore-side electrification for projects not subject to CARB’s shore power regulation. Only a port authority, terminal operator, or marine vessel owner is eligible for this type of infrastructure project.
• Other Types: TRU infrastructure, truck stop electrification, off grid on-site power generation systems, micro-grid, mobile refuelers, and portable infrastructure.
A vehicle or equipment project is not required to be submitted as a condition of eligibility for infrastructure funding, however, priority will be given to such projects. The applicant must provide proof (i.e., letter of commitment from the fleet operator, purchase orders, etc.) that a sufficient number of supported vehicles/equipment be acquired and/or committed to utilize the infrastructure when the project is complete. For infrastructure expansion projects, documentation of increased throughput at the station is required to ensure the expansion is proportional with projected fueling demand.
Work must be performed by contractors and/or electricians that meet all required licensing, certification, and statutory requirements for the eligible project type. Contractors performing installation of electric vehicle charging infrastructure must have an Electric Vehicle Infrastructure Training Program certification (EVITP). For more information please visit:
https://evitp.org/
All projects funded need to be registered with the Department of Industrial Relations (DIR) and must comply with DIR requirements on labor practices which covers a broad prevailing wage.
The CMP also specifies that applicants awarded an agreement must comply with applicable provisions of Labor Code Sections 1720-1861.
OFF-ROAD COMPRESSION-IGNITION EQUIPMENT
This category includes off-road, mobile compression ignition equipment. Off-road heavy-duty equipment/engines include, but are not limited to, construction equipment, agricultural equipment, marine engines, ship-side shore power and locomotive equipment. Portable equipment is not eligible for CMP funding. The following off-road equipment projects may be eligible for funding:
• Repower: The replacement of an existing engine with a newer emission-certified engine, or zero-emission system, instead of rebuilding the existing engine to its original specifications. • Retrofit: The installation of a CARB-verified emission control system on an existing engine.
Examples include, but are not limited to, particulate filters and diesel oxidation catalysts. • Equipment Replacement: The purchase of new or used equipment with an engine certified to the current emission standard (Tier 4 Final) or zero-emission technology to replace an older, fully functional piece of equipment that is to be scrapped.
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10 For off-road replacement and repower projects, the CMP Guidelines specify that the horsepower rating of the new (or replacement) engine must not be greater than 135 percent of the original manufacturer rated horsepower of the old (or existing) engine. If the new engine is greater than 135 percent, then the eligible funding amount will be based on the cost of an engine or equipment with a horsepower rating that is no higher than 135 percent of the existing engine horsepower rating. The applicant must pay the additional costs associated with the higher horsepower engine and obtain a price quote for an engine or equipment that is within the 135 percent range for the funding determination. In addition, verifiable records on the existing engine must be provided with the application to accurately identify the engine manufacturer year and horsepower (e.g., photographs of engine labels, statement from engine manufacturers, etc.).
Diesel Construction Equipment
According to CARB’s In-Use Off-Road Diesel Vehicle Regulation (Off-Road Regulation), the construction fleets are categorized as follows:
Fleet Size Horsepower Range
Small Less than or equal to 2,500 HP
Medium Between 2,500 HP and 5,000 HP
Large Greater than 5,000 HP
On November 17, 2022, amendments to the Off-Road Regulation were adopted by CARB and significantly limit the eligibility of off-road equipment for CMP funding. The potential funding for Tier 4 Final or Zero-Emission replacements and repowers will be available for the existing Tiers until the following dates:
Potential Funding Large Fleets Medium Fleets Small Fleets Tier 0 Not allowed Not allowed 12/31/2025
Tier 1 Not allowed 12/31/2025 12/31/2027
Tier 2 12/31/2025 12/31/2027 12/31/2029
Tier 3 and Tier 4 Interim equipment may be replaced or repowered without restriction to Tier 4 Final or Zero Emission technologies when feasible. They must also demonstrate eligibility with the most current Off-Road Regulation & CMP Guidelines.
Fleets are also eligible to apply for funding through the Surplus Off-Road Opt-In for NOx (SOON) Program for new diesel engines, however additional demonstration of fleet compliance to the Off-Road Regulation is required. More information can be found at the Year 27 SOON Program Announcement. Please visit www.aqmd.gov/soon.
Applicants must submit information regarding fleet size and compliance status. This must include the Diesel Off-Road On-line Reporting System (DOORS) ID of the fleet, the DOORS Compliance Snapshot, the DOORS equipment list, and the DOORS Equipment Identification Number (EIN) of the funded equipment. All documentation submitted must be signed and dated by the applicant and include language certifying that the fleet list provided is accurate and complete.
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11 Cargo Handling Equipment
Cargo handling equipment (CHE) is any motorized vehicle used to transport cargo delivered by ship, train, or truck, or used for scheduled routine maintenance activities at a port or intermodal rail yard. Equipment that handles cargo containers includes yard trucks, top handlers, side handlers, reach stackers, forklifts, and rubber-tired gantry (RTG) cranes.
Applicants must be in compliance with the CHE Regulations and equipment utilizing regulatory extensions are not eligible for funding. Cargo handling equipment located at other locations such as distribution warehouses must be in compliance with the Off-Road Regulation (see above).
Agricultural Equipment
Diesel agricultural equipment is not subject to the Off-Road Regulation. However, a statement of how the equipment will be used and what percentage of the time the equipment will be used for agricultural purposes is required in order to be eligible for the CMP funding. Agricultural equipment must be operated over 50 percent of the time in agricultural operations. Agricultural operations include, but are not limited to, activities such as the raising and harvesting of crops from soil, the raising of fowl or animals, logging, and forestry operations. A majority of the off- road vehicles used in facilities such as wineries, dairies, logging operations, farms, ranches, and wholesale are considered “agricultural operations”.
Large Spark-Ignition Equipment
LSI engines or alternative fuel-powered LSI internal combustion engines are designed for powering, but not limited to powering, forklift trucks, sweepers, generators, and industrial equipment. In order to be eligible for CMP funding, LSI fleets must have met the final compliance requirements provided in the LSI Fleet Regulation and ZE Forklift Regulation to be eligible for funding. If you have a large fleet of four or more forklift units or four or more units consisting of sweepers/scrubbers, ground support equipment (GSE), and industrial tow tractors you must meet final LSI Regulation average emissions to be eligible for funding.
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12 Forklifts Subject to the ZE Forklift Regulation
Eligibility for a project subject to the ZE Forklift Regulation is based on the following model year phase-out schedule below
Compliance
Date
Class IV LSI
Forklifts with
a Rated
Capacity of
12,000
Pounds or
less
Class IV LSI
Forklifts with
a Rated
Capacity
Greater than
12,000
Pounds
Class IV LSI
Forklifts with
a Rated
Capacity of
12,000
Pounds or
Less for
Small Fleets
and Crop
Preparation
Services
Class IV LSI
Forklifts with
a Rated
Capacity of
Greater than
12,000
Pounds for
Small Fleets
and Crop
Preparation
Services
Class V LSI
Forklifts
1/1/2028 2018 MY and
older1
1/1/2029 2016 MY and
older2
1/1/2030 2017 MY and
older3
1/1/2031 2019-2021
MY
1/1/2032 2017 – 2019
MY
1/1/2033 2022 and
2023 MY 2018-2020
MY
1/1/2034 2020 and
2021 MY
1/1/2035 2024 and
2025 MY
2025 MY and
older 2021 and
2022 MY
1/1/2036 2022 and
2023 MY
1/1/2037
1/1/2038 2024 and
2025 MY
2025 MY and
older
2023-2028
MY4
1A phase-out percentage cap may be applied pursuant to Health and Safety Code Section 3006(e), Phase-Out Percentage Caps.
2A phase-out percentage cap of 25 percent may be applied pursuant to Health and Safety Code Section 3006(e), Phase-Out Percentage Caps.
3A phase-out percentage cap of 50 or 25 percent may be applied pursuant to Health and Safety Code Section 3006(e), Phase-Out Percentage Caps.
4Includes 2026 through 2028 MY Class V LSI Forklifts in Rental Agency Revenue Fleets.
Portable Engines
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13 Portable Engines subject to the Airborne Toxic Control Measure for Diesel Particulate Matter from portable engines rated at 50 horsepower and greater (Portable Engine ATCM) are eligible for funding if they are registered with CARB or permitted with South Coast AQMD.
In order to be eligible for funding, diesel engines regulated under the Portable Engine ATCM must be permitted in South Coast AQMD jurisdiction or registered in the Portable Equipment Registration Program. Applicants are required to show current registration with or submit a statement of compliance with the Portable Engine ATCM.
Eligibility for a project is based upon the tier phase out schedule and the fleet average table below.
Engine Certification Engines Rated: 50 -
750 bhp Large Fleet
50 - 750 bhp Small
Fleet
> 750 bhp
Tier 1 1/1/2020 1/1/2020 1/1/2020
Tier 2 built prior to
1/1/2009
1/1/2022 1/1/2023 1/1/2025
Tier 2 built on or
after 1/1/2009
N/A N/A 1/1/2027
Tier 3 built prior to
1/1/2009
1/1/2025 1/1/2027 N/A
Tier 3 built on or
after 1/1/2009
1/1/2027 1/1/2029 N/A
Project eligibility for Tier 1, 2, and 3 flexibility engines based on December 31 of the year 17 years after the date of manufacture.
Funding opportunities are no longer available for Uncontrolled, Tier 1, and Tier 2 engines built prior to 1/1/2009 that have less than 750 brake-horsepower.
Utility Terrain Vehicles (UTVs)
Purchase of a new zero-emission UTV replacement is allowed. The UTV replacement project would provide incentives up to 75 percent of the cost of a new zero-emission UTV or a maximum of $13,500 for qualified entities (whichever is less).
Marine Vessels
Marine vessel project types include engine repower and shore power. Only existing engines on a marine vessel with a fully functioning non-resettable hour meter are eligible for CMP funding.
Marine Engine Repower
Vessels subject to the in-use compliance requirements of CARB’s Commercial Harbor Craft (CHC) Regulation (i.e., barge, crew/supply, dredge, excursion, ferry, towboat and tugboats) are eligible for CMP funding as long as the vessel is fully compliant with the CHC Regulation.
Based on the vessel’s operation, the newer engine’s emissions must be surplus to the currently required U.S. Environmental Protection Agency (EPA) marine engine emission standard (i.e., Tier 3 (for Commercial Fishing Vessels only), Tier 3 + DPF, Tier 4 and Tier 4 + DPF etc.).
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14 Remanufacture kits, which are comprised of engine component parts that, when installed, reduce the engine’s emissions, are subject to the same requirements as engine repower projects.
The final CHC Regulation was provided to the Office of Administrative Law by CARB on July 21, 2022. The updated CHC Regulation compliance dates for marine vessel types can be found in Table 7 through 10 of the Final Regulation Order at
https://ww2.arb.ca.gov/rulemaking/2021/chc2021. Due to the updated compliance dates and CMP requirements for surplus emissions, the following table highlights eligible marine vessel repower projects based upon engine model year:
Marine Vessel Type Engine Model Year
Ferries (except short-run ferries)
Pilot
Tugboats
2020 or newer
Research
Excursion
Commercial Passenger Fishing (or Charter Fishing)
2013 or newer
Dredges
Barges
Crew & Supply
Workboats
2007 and newer
Commercial Fishing All model years eligible
Marine Vessel Replacement
Vessel replacement is a new category. Vessel replacement projects are not eligible unless the applicant can demonstrate that no suitable engines (Tier 3 or Tier 4 marine, or marinized Tier 4 Final off-road) or CARB-verified DPFs physically fit within the existing vessel structure, and no amount of modifications can be made to the vessel structure without compromising its structural integrity or stability, to meet requirements of California Code of Regulations, title 17, section 93118.5 (e)(12) or that a repower project would necessitate extensive vessel modifications which would cost more than the purchase of a new vessel or reduce the passenger capacity of the vessel by 25 percent or greater. The replacement vessel must adhere to like-for-like (meaning similar dimensions, capacities, and capabilities) considerations. The existing engines and vessel will be dismantled and permanently removed from service with a detailed method of destruction submitted as part of the application.
Ship-Side Shore Power
Limited CMP funding opportunities remain for ship-side shore power projects due to the applicability of CARB’s At-Berth Regulation. Applicants must submit their CARB-approved Initial Terminal Plan to document compliance with CARB’s Shore Power Regulation. The proposed projects must provide emission reductions that are surplus to regulatory requirements.
Projects not subject to CARB’s regulation are eligible.
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15 Locomotives
Please note that battery electric locomotive switchers may not be prioritized in this solicitation due to potential overlap with the INVEST CLEAN program. All new locomotives and replacement engines must be certified to Tier 4 standards or cleaner to be eligible for CMP funding. There are very limited CMP funding opportunities for Class 1 freight railroads. Such a project will be subject to a case-by-case approval by CARB. Class 2/Class 3 freight railroads and passenger railroads are not subject to any CARB fleet regulations and are therefore eligible for CMP funding.
The following project types are eligible for CMP funding:
1. Locomotive replacement (the reuse and/or recycling of the baseline chassis is allowed if the baseline engine is destroyed)
2. Locomotive Engine Repower
3. Locomotive Conversion
4. Locomotive Retrofit
The table below summarizes the maximum eligible funding for each project type. All projects are also subject to the cost-effectiveness threshold per the CMP Guidelines.
Railroad Class/Type All Project Types
Class 1/Class 2 Line Haul 80%
Class 3, Switcher, and Passenger 85%
Transport Refrigeration Units (TRUs)
Existing TRUs are eligible for funding based upon the tier phase out schedule and fleet average table as defined in the Portable Engine ATCM. The following must be met:
1. Registration with ARB Equipment Registration (ARBER)
2. Fleets must be in compliance with the TRU ATCM
SECTION IV – APPLICATION SUBMITTAL REQUIREMENTS
Applicants must apply for CMP funding using the South Coast AQMD’s CMP Online Grant Management System (GMS) which will be provided on March 14, 2025 at:
www.aqmd.gov/moyer. In addition, all Business Information Forms including Conflict of Interest and Project Cost information, as described below, must also be submitted with the application. It is the responsibility of the Applicant to ensure that all information submitted is accurate and complete. Paper applications will not be accepted.
PROJECT COST
Applicants must provide cost information that specifies the amount of funding requested and the basis for that request by attaching vendor quotes to the application. The vendor quotes must be dated within 90 days of the application submittal date. Applicants need to inform vendors of the time frame of the award process so that they can estimate prices based on the future/projected order/purchase date.
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16 Purchase orders or other purchase commitments shall not be placed until after the date of award approval by the South Coast AQMD Governing Board. Purchase orders may be placed after South Coast AQMD Governing Board approval and in advance of a fully executed agreement, but these orders/commitments are placed at the Applicant’s own risk.
The CMP will fund only a percentage of the cost of the near-zero emission or zero-emission technology based on the type of project. The proposed near-zero emission or zero-emission technology must be certified, verified or approved by CARB in most cases. No administrative or operational costs will be funded.
All project costs must be clearly indicated in the application. In addition, Applicants must disclose all sources of co-funding, including the name of the funding source and amount of funding in the application. Applicants are cautioned that the project life period used in calculating emissions reductions will be used to determine the length of their annual reporting obligation. In other words, a project Applicant using a ten-year life for the emissions reduction calculations will be required to operate, track and report activity for the project vehicle for the full ten years. The agreement term will also be ten years.
Applicants are not required to calculate a project’s cost-effectiveness. Methodologies for calculating cost-effectiveness are provided in the CARB CMP Guidelines at:
https://ww2.arb.ca.gov/guidelines-carl-moyer.
APPLICATION SUBMISSION
All online applications must be submitted according to specifications set forth herein. Failure to adhere to these specifications may be cause for rejection of the application without evaluation.
Grounds for Rejection: An application may be immediately rejected if:
• It does not include correct documentation and other forms required. • It is not signed by an individual authorized to represent the firm.
Staff Contact Information: South Coast AQMD staff contacts for each category are listed under South Coast AQMD Staff Contacts and Additional Resources below. Applicants may contact South Coast AQMD staff to discuss their project prior to submitting an online application to ensure program eligibility.
Business Information Forms: All business information forms must be completed and submitted with the online application. Please note, if recommended for an award, you will be required to submit an updated Campaign Contribution Disclosure form at a later date. Download these forms at www.aqmd.gov/moyer. These business forms will also be available on the CMP GMS. South Coast AQMD “Business Information Forms” requiring signatures must be scanned and uploaded to the electronic application in PDF format.
Electronic Submittal: A link to access South Coast AQMD’s CMP GMS will be available on March 7, 2025 at: www.aqmd.gov/moyer. The CMP GMS allows Applicants to submit applications electronically to South Coast AQMD and track the progress of their application(s).
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17 Applications must be submitted through the CMP GMS by 1 pm on Tuesday, July 1, 2025. The GMS will not allow applications to be submitted after the due date and time.
First-time users must register as new users to access the system. Applicants will receive a confirmation email after all required documents have been successfully uploaded. A tutorial of the system will be provided at the pre-application workshops or online and you may contact staff if you would like additional assistance.
Third parties assisting in applications may create their own account on the CMP GMS that can be linked through the primary user account.
Missing Information – Within thirty (30) business days of the online application submittal due date of July 1, 2025, South Coast AQMD will email letters to Applicants regarding the missing or incomplete information. Applicants will have seven (7) business days to provide any missing information requested in the letter. It will be the Applicant’s responsibility to submit the missing or incomplete information within the time specified by South Coast AQMD staff. Only complete applications can move forward in the evaluation process.
Disposition of Applications - South Coast AQMD reserves the right to reject any or all applications. All responses become the property of South Coast AQMD. A copy of each application not selected for funding shall be retained for one year.
SECTION V – WORK STATEMENT/SCHEDULE OF DELIVERABLES
Prior to submitting the application, Applicants must sign and agree to the terms and conditions of the requirements for submittal of additional project information to finalize an agreement and that all vehicles, engines or equipment shall be in operation within eighteen (18) months of agreement execution.
SCOPE OF WORK
The scope of work will describe tasks and deliverables that demonstrate compliance with the requirements of the CMP as administered by CARB and South Coast AQMD. The project Applicant is responsible for developing detailed project plans and ordering equipment that complies with the program criteria and guideline requirements. In addition, alternative fuel project Applicants must discuss their plan for refueling the proposed vehicles/equipment, and if appropriate, should provide a letter of agreement from their fuel provider (see Application forms).
At a minimum, any agreement for funding the proposed project must meet the following criteria:
• Provide emission reductions that are real, surplus, quantifiable and enforceable in accordance with CMP guideline requirements.
• Project equipment must be domiciled within the boundaries of South Coast AQMD jurisdiction.
• Meet the cost-effectiveness limit, as described in this PA and the CMP Guidelines, and subsequent CMP Advisories.
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18 • Commit that project engines or equipment operate in service for the full project life and at least 75 percent of annual operation must occur within South Coast AQMD jurisdiction except for on-road replacement projects. On-road replacement projects may be eligible for funding with a minimum of 51 percent annual operation within South Coast AQMD jurisdiction.
• The cost-effectiveness calculation is based on the percent of operation within the South Coast AQMD jurisdiction. Project life is the number of years used to determine the cost- effectiveness and is equal to the agreement term. The agreement will include the percent operation as a minimum requirement (75 percent for all projects, except on-road replacement projects, which are allowed a 51 percent minimum). • Commit that all vehicles/engines/equipment are in operation within 18 months of agreement execution.
• Provide appropriate recordkeeping during the project life (i.e., annual mileage, fuel consumption and/or hours of operation), including submission of annual reports as detailed below.
• Ensure that the project complies with all applicable rules and regulations, and the resulting emission reductions from the project are not required as a mitigation measure to reduce adverse environmental impacts that are identified in an environmental document prepared in accordance with the California Environmental Quality Act or the National Environmental Policy Act.
• If requested, Recipient must provide a financial statement and bank reference, or other evidence of financial ability to fulfill agreement requirements. • If requested, Recipient must make all equipment and records available to South Coast AQMD or CARB for audit and inspections.
PAYMENT TERMS
For all projects except shore power projects, full payment will be made upon installation and commencement of operation of the funded equipment. For shore power projects, a progress payment schedule may be established that allows payment upon completion of key milestones, as delineated in the agreement.
DELIVERABLES
The agreement will describe how the project will be monitored and what type of information must be submitted as part of the reporting requirements. At a minimum, South Coast AQMD expects to receive an annual report for each year during the full agreement term, or project life, which provides the annual miles, fuel consumption or hours of operation, where the vehicle or equipment was operated, and operational and maintenance issues encountered and how they were resolved. South Coast AQMD reserves the right to verify the information provided.
Annual reporting forms are available online at: www.aqmd.gov/moyer
SECTION VI – APPLICATION EVALUATION/RECIPIENT SELECTION CRITERIA
South Coast AQMD staff will evaluate all eligible online applications and make recommendations to the Governing Board for the final selection of project(s) to be funded. Each project will be evaluated based on two primary criteria: (1) the cost-effectiveness of NOx, PM10
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19 and ROG reduced, and (2) the project’s status with respect to the disadvantaged community and low-income criteria prescribed by CARB.
Note: Infrastructure projects are not subject to a cost-effectiveness limit but instead will be evaluated on a competitive basis using metrics that include, but are not limited to: fleet usage commitments, project location and readiness, expected vehicle usage/throughput and cost share.
PROJECT COST-EFFECTIVENESS
The CMP award amount shall not exceed the project’s incremental cost, applicable funding caps and/or cost-effectiveness limit(s). The cost-effectiveness limit, $60,000 per weighted ton of emissions reduced, applies to projects that bring vehicles and equipment up to current standards.
The cost-effectiveness limit of a maximum of $522,000 per weighted ton of emissions reduced may be implemented pending CARB approval and applies to projects that are zero-emission or meet the cleanest certified optional standard applicable (by source category). Project cost- effectiveness is subject to change to meet additional program requirements. The table below demonstrates the current cost-effectiveness limit criteria effective October 2024.
Project Categories Revised C/E Limit
Base Limit On-Road, Off-Road, Locomotives,
Marine, Light Duty Vehicles
$60,000
On-Road Advanced Technology
Limit
On-Road $209,000
School Bus On-Road $313,000
On-Road Zero Emission
Technology Limit
On-Road $522,000
Off-Road Zero Emission
Technology Limit
Off-Road $120,000
Locomotive Zero Emission
Technology Limit
Locomotive $200,000
Marine Zero Emission Technology
Limit
Marine $522,000
All projects must meet the criteria stated in this PA and the CMP Guidelines in effect at the time of agreement execution. A project’s cost-effectiveness is determined based on the annualized cost of the project and the amount of NOx, ROG and PM10 emission reductions that will be achieved by the project. Project cost-effectiveness is currently calculated according to the following formula:
Annualized Cost ($/year)
[NOx reduction + ROG reduction + (20 x combustion PM10 reduction)] (tons/year)
PA2025-03
20 For projects that involve advanced technologies, the cost-effectiveness will be calculated using the CMP’s two-step calculation approach. Detailed guidance for the new two-step calculation approach, as well as all CMP emissions reduction and cost-effectiveness calculations is available at: https://ww2.arb.ca.gov/sites/default/files/2024-11/AppendixCCostEffectivenessCalculations.pdf
SECTION VII – IMPORTANT PROGRAM INFORMATION
• Applicants must provide proof of ownership with their online application. This may include vehicle/equipment title, bill of sale, or in the case of marine vessel projects, the U.S. Coast Guard registration documentation. Equipment must be owned a minimum of two years from the date of application submittal (with the exception of locomotive projects, which is a one- year minimum).
• Project equipment must be domiciled within the South Coast AQMD jurisdiction and operate a minimum of 75 percent of the time within the boundaries of the South Coast AQMD jurisdiction (except on-road replacement projects, which are required to operate a minimum of 51 percent within the South Coast AQMD jurisdiction).
• Applicants must provide vendor quotes with their application to document the cost of the new replacement vehicle/equipment project (or engine for repower project). Applicants may be awarded up to the designated percentage of total cost for the specified type of project (new purchase, repower replacement and/or retrofit, infrastructure), subject to funding caps and program cost-effectiveness limits. All quotes must have been obtained within 90 days prior to the application submittal date.
• Applicants must provide legible engine tag photos of the baseline engine(s) or manufacturer specifications that document the engine serial number, horsepower, model year and engine family number, emissions certification level and CARB Executive Order (if controlled).
• Applications for fuel and engine technologies that are not certified, verified or approved by CARB, or falling outside the categories specifically discussed in this PA, may be referred to CARB for determination of CMP eligibility on a case-by-case basis. Please discuss these projects with South Coast AQMD staff prior to application submittal. Projects submitted for CARB case-by-case review will require the Applicant to provide additional justification and documentation regarding the project and the Applicant’s justification for such consideration.
• A number of the CARB fleet rules and air quality regulations impact CMP eligibility.
Compliance with existing CARB regulations is a pre-requisite for CMP funding. Only emission reductions in excess of regulatory requirements can be considered for CMP funding. If Applicants are applying for CMP funds to reduce emissions before the required compliance date (i.e., early reductions), the equipment must demonstrate sufficient years of operation before the regulatory compliance deadline. Applicants are responsible for ensuring that they are in full compliance with all applicable regulations and that vehicle/equipment requests under the CMP provide surplus emission reductions. As noted earlier, Applicants must provide documentation of their regulatory compliance status.
PA2025-03
21 • Any tax obligation or liabilities associated with the award is the responsibility of the Applicant. Please consult your tax advisor on the tax liabilities of receiving an award under the CMP.
• No third-party agreements will be executed.
• Pre-, post- and destruction inspections of all vehicles/engines/equipment approved for funding will be conducted, as required. However, due to the impact of COVID-19 and to ensure the safety of the staff and the public, inspections of all vehicles/engines/equipment may be conducted virtually via remote inspections. Applicants must make all equipment available for in-person or remote inspections unless otherwise specified during agreement preparation, or through updates from South Coast AQMD. Documentation of compliance with existing regulatory requirements is required at the time of pre-inspection.
• The usage for off-road equipment projects will be based on hours (except for locomotive projects, which require annual fuel consumption in gallons), and the usage for on-road vehicle projects will be based on mileage. The Applicant must provide the historical usage records for the equipment as part of the application for the previous two years. For on-road projects, the emission reductions will be based on the lower of the two 12-month periods of California usage within the prior thirty months.
• It is the Applicant’s responsibility to ensure that the most current information and requirements are reflected in a submitted project application. Applicants should check the CARB website for updates and advisories to the Guidelines (www.arb.ca.gov/msprog/moyer/moyer.htm).
• In cases of conflict between CARB Guidelines and South Coast AQMD criteria, the more stringent criteria will prevail. South Coast AQMD will post any new information and requirements on its CMP web page at www.aqmd.gov/moyer.
• Projects subject to CARB regulations must submit a copy of the most recent CARB compliance report(s) or other documentation that provides South Coast AQMD with a clear understanding of the fleet’s compliance status.
• All emission reductions resulting from funded projects will be credited to the CMP. A grant shall not be made that provides the Applicant with funds in excess of the maximum eligible amount, in accordance with CMP Guidelines.
• A project may be leveraged with other funding sources. The Applicant must disclose all funding sources at the time of application and will be required to report all funding sources prior to invoice payment. Other funding sources may include but are not limited to state and federal funding programs that reduce greenhouse gas (GHG) emissions, funding provided by the Alternative and Renewable Fuel and Vehicle Technology Program, Air Quality Improvement Program, or CARB’s Low Carbon Transportation Investment funds to reduce GHG emissions. The sum of all grants and other funds applied toward the project shall (1) not exceed the total project cost for public agency Applicants and (2) not exceed 85 percent
PA2025-03
22 of the total project cost for non-public agency Applicants. In other words, the grantee must pay at least 15 percent of the project cost from non-public sources.
• The emission reductions paid for by the CMP shall not be claimed by the other funding sources.
• Zero-emission technology project Applicants that have entered into lease-to-own financing shall receive project funds only to be used to offset the costs of the zero-emission equipment or vehicle and reduce the principle owned by the lessee for purchasing.
SECTION VIII – SCHEDULE OF EVENTS
Issue PA2025-03 March 7, 2025
Applications Open March 14, 2025
Workshops Information on virtual pre-recorded
presentations and other meetings (as needed)
to be posted on www.aqmd.gov/moyer
All Applications Due 1 pm PST on Tuesday, July 1, 2025
Contract Execution January 2026 - thru June 2026
ALL APPLICATIONS MUST BE RECEIVED VIA SOUTH COAST AQMD’S
CMP ONLINE GRANT MANAGEMENT SYSTEM
NO LATER THAN TUESDAY, JULY 1, 2025 AT 1 PM PST
Access to South Coast AQMD’s CMP Online GMS is provided at: www.aqmd.gov/moyer
In light of COVID-19 and ensuring public safety protocols are being met, South Coast AQMD may conduct in-person workshops for this year’s CMP. However, if in-person workshops are not held, South Coast AQMD will post pre-recorded presentations and host virtual meetings to provide program information and application assistance for Applicants interested in participating in the CMP. Details on meetings and pre-recorded presentations will be posted at www.aqmd.gov/moyer after March 14, 2025.
PA2025-03
23 SOUTH COAST AQMD STAFF CONTACTS AND ADDITIONAL RESOURCES
The South Coast AQMD staff contacts are listed below by project category. Copies of the PA, Business Information Forms and a sample South Coast AQMD CMP agreement may be accessed at: www.aqmd.gov/moyer.
CMP Staff Contacts
Project Category Staff Contact Phone Number Email
On-Road Heavy-Duty
Vehicles
Krystle Martinez
Mariel Maranan
David Chen
(909) 396-3021
(909) 396-2793
(909) 396-3083
[email protected]
[email protected]
[email protected]
Off-Road Equipment
Alyssa Yan
Darren Ha
Kevin Perozo
(909) 396-2024
(909) 396-2548
(909) 396-2522
[email protected]
[email protected]
[email protected]
Cargo Handling Equipment
Electrification Greg Ushijima (909) 396-3301 [email protected] Marine Vessels Nick Volpone (909) 396-2636 [email protected] Ship-Side Shore Power Nick Volpone (909) 396-2636 [email protected] Locomotives Andrew Yoon
George Wu
(909) 396-3043
[email protected]
[email protected]
Infrastructure Krystle Martinez
Justin Joe
(909) 396-3021
(909) 396-2054
[email protected]
[email protected]
CONTACT FOR ADDITIONAL INFORMATION
Questions regarding the content or intent of this PA, procedural matters or locations of workshops should be addressed to:[email protected]
WEBSITE LINKS TO CARB RULES THAT AFFECT CMP ELIGIBILITY
CARB Regulation Website
On-Road Private
(Truck and Bus) http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm Public/Utility Fleets http://www.arb.ca.gov/msprog/publicfleets/publicfleets.htm In-Use Off-Road http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm Harbor Craft http://www.arb.ca.gov/ports/marinevess/harborcraft.htm Cargo Handling
Equipment http://www.arb.ca.gov/ports/cargo/cargo.htm
Shore Power http://www.arb.ca.gov/ports/shorepower/shorepower.htm Portable Equipment https://ww2.arb.ca.gov/our-work/programs/portable-equipment- registration-program-perp
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: AUTHORIZE SUBMITTING AN APPLICATION FOR COUNTY OF LOS
ANGELES MEASURE B FUNDING TO PURCHASE FIRE
DEPARTMENT EMERGENCY MEDICAL EQUIPMENT
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize submission of a funding proposal to the County of Los Angeles for Measure B funding to purchase Automated External Defibrillators (AEDs) and training equipment, or other emergency medical equipment as determined appropriate by the Fire Department during the application process; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact for submitting this funding request. All proposed project costs will be covered through the Measure B funding if awarded. Future maintenance and battery replacement costs may be absorbed through the Fire Department’s existing budget or through future budget amendment requests. Should the City be successful in receiving Measure B funding, Staff will return to City Council with an agenda report to appropriate the funds.
BACKGROUND/DISCUSSION:
In 2002 the voters of Los Angeles County approved Measure B—an annual special parcel tax—to, among other things, provide funding to maintain all aspects of the countywide system of trauma centers and expand the system to cover all areas of the county. The
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
Board of Supervisors for the County of Los Angeles sets the parcel tax rate annually. The Board of Supervisors also allocates Measure B funds each year. The Los Angeles County Emergency Medical Services Agency (EMS) oversees Los Angeles’s trauma system, which encompasses 14 trauma centers that service every geographical area of Los Angeles. The Los Angeles County Emergency Medical Services Agency is accepting proposals for Measure B funds, which are allocated on a one-time basis to enhance emergency medical services, trauma services, and bioterrorism preparedness throughout the County (Attachment A). Expenditures under this program must be completed within twelve months of award.
The Fire Department is currently seeking funding to purchase ten (10) Automated External Defibrillators (AEDs) for use in City facilities and emergency response vehicles, along with two (2) AED trainer devices to support internal CPR/AED training programs.
AEDs are a critical component of out-of-hospital cardiac arrest intervention and are proven to significantly increase survival rates when deployed early in the chain of survival. Staff continuously evaluates the Fire Department's needs and may modify the scope of the funding proposal prior to submission to better meet the needs of the Department.
ENVIRONMENTAL:
N/A
ANALYSIS:
Expanding the Fire Department’s AED program directly supports the Department’s mission to improve health outcomes and increase survivability in cardiac emergencies.
AEDs are recognized as a best practice in public access defibrillation, and are increasingly being integrated into municipal buildings, vehicles, and public venues to enable early defibrillation prior to EMS arrival.
Currently, gaps exist in AED coverage across some service areas, potentially delaying lifesaving interventions. This Measure B funding opportunity allows the City to close those gaps without financial impact to the General Fund.
The addition of AED trainer devices will allow the Fire Department to enhance in-house training for staff, reinforcing readiness and response capabilities. This aligns with the City's broader goals of fostering a resilient, prepared workforce and equipping staff with lifesaving skills.
SUMMARY:
Staff is recommending City Council authorization to submit a funding proposal to Los Angeles County for Measure B funding. If awarded, the funds will be used to purchase emergency medical equipment, such as AEDs. Should the City be successful in receiving Measure B funding, Staff will return with an agenda report for City Council to approve appropriating the grant funds.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
ATTACHMENT(S)
1. Attachment A - Measure B Power Point Information
2. Attachment B - Draft Application
Measure B Advisory Board
(MBAB) Committee
Measure B Submitters Conference
ATTACHMENT A
Agenda
Introductions/Announcements
Purpose of Measure B unspent funds
2025 Proposal process and deadlines
Supporting documentation for proposals
Questions/Open discussion
Introductions
MBAB committee members please introduce yourselves and who you represent
Attendants please introduce your self through the chat
Purpose of Measure B unspent funds
The use of Measure B funds is restricted to four areas and authorized expenditures must fall within one of these areas:
Trauma Centers
Emergency Medical Services
Bioterrorism Response
County Administration
These unspent funds are intended for one time funding, not sustainment funding. Measure B unspent funds rewarded are intended to be spent in one (1) year
2025 Proposal Process and Deadlines
Compete the Measure B Proposal form and submit it, along with any supporting documents, via mail, email or in person to the Los Angeles County EMS Agency no later than 5:00 pm on June 26, 2025 An MBAB proposal review meeting(s) to provide a brief overview of their project to the members of MBAB is typically scheduled in September. If an additional meeting is needed, it will be scheduled later in September or October of that year
The MBAB will rank all the proposals, as described in the Funding Process Memo
This rank order will be presented the Board of Supervisors (BOS) for their approval. The MBAB ranking is not a guarantee of approval by the BOS
Supporting Documentation for
Proposals
Every requesting entity must provide a letter from the organization’s Department Head/Executive Office approving the proposal submission Price quotations for equipment purchases
Budgets – For new services/activities. Including a list of personnel, equipment, supplies and services costs. With an explanation of how these costs are determined
If request requires hiring personnel or incurring other long-term financial obligations (e.g. lease). Provide supporting documentation demonstrating how the requestor will cover personnel cost and other long-term obligations. Measure B funds are not intended for sustainment projects
Supporting Documentation for
Proposals
Financial Statements – required for funding request to offset the operational loss for providing a specific services (e.g. Trauma Services). Must clearly show direct expenses incurred, revenue received and expected to be received from ALL sources (subsidy & donations)
Proposals submitted with insufficient, or no supporting documentation may be denied
Questions and Open Discussion
The MBAB Committee would like to thank all of you for
attending this Submitters Conference.
If you have any questions regarding the eligibility of your proposal, please feel free to contact either Richard Tadeo [email protected] or Jacqui Rifenburg
[email protected]
Attachment B
Los A
ngeles County Measure B Funding Proposal 2025
M
easure B funding will be allocated on a one-time basis with all expenditures to be completed within 12 months of award. If the proposal requires year to year funding the proposer must provide supporting documents on how they will cover the on-going costs in future years.
Requesting Entity Name:
City of Montebello Fire Department
Point of Contact Name:
Michelle Marquez, Senior Management Analyst
Point of Contact Phone:
O:323-887-1330 C:323-597-6483
Point of Contact email address:
[email protected]
Amount of Funding Requested:
$45,276.59
Brief Project Description: The MFD is striving to increase its medical capabilities to the community during mass gathering events by creating
an EMS bike team, its engagement with mutual aid
responses on wildland fires through developing a Fireline EMT/Paramedic program, and increase its community
engagement through CPR/AED training. The MFD is
requesting financial assistance to purchase 10 AEDs and 2 AED trainers to accomplish this goal. Currently, the AEDs that MFD has are outdated and need to be replaced.
Describe the gap in Emergency
Medical Services, Trauma
Services or Bioterrorism
Preparedness that the
requested funds addresses:
Discuss the current situation,
strategy to solve the identified gap
and how the allocation of Measure B
funds benefits the citizens of Los
Angeles County)
The MFD is currently training firefighters and developing a Fireline EMT/Paramedic program. One of the equipment
requirements to accomplish this goal is supplying the
individual responding in this role with an AED. Additionally, the MFD has expanded its command staff, and those
individuals, along with the EMS bike team, attend large gathering events and respond to multi-patient incidents.
Lastly, the MFD has a full-time Montebello Community
Assistance Program (MCAP) that responds to welfare
checks, transports homeless individuals to medical
appointments, and engages with homeless individuals on a regular basis.
W
ith the expansion of community services and
engagement of responding to wildland fires, the MFD finds itself needing 10 AEDs (4-command staff, 5-Fireline, 1- MCAP). Having these AEDs would greatly assist The MFDs
capabilities to assist any citizen if a cardiac event occurs during a large gathering, while driving in a command
vehicle, and protecting firefighters during a wildland fire.
Along with the AEDs, two AED trainers are being requested to meet training requirements for all MFDs EMTs and
Paramedics. The AED trainers would also be used for
community and City staff training. MFDs current AED
trainers are out of date, and it has been a challenge to engage the community, which is one of our priorities.
Justification:
Place a checkmark next to each of
the applicable statements and
incorporate comments into your brief
2-3 paragraph narrative justification.
☐ Achieves compliance
with legal requirements,
mandate, citation or
audit.
Provides a new
service for patients.
Increases capacity to
meet patient care
demand.
Improves efficiency.
Provides for
improvements in
emergency preparedness
activities.
Increases patient
safety/reduces risk.
☐ Improves timely access
to healthcare.
☐ Other
Narrative Justification:
With the development of Metro Heights, the population in Montebello has increased 3,600-4,200. Coupled with an
increase of 3% per year in medical related calls for service, the MFD is looking for ways to increase its demands to
meet patient care. Having an AED on every command
vehicle would provide additional medical capabilities to treat a cardiac event if that command vehicle was near the incident.
Montebello has an active Community Emergency
Response Team and providing them with CPR/AED
training would assist with emergency preparedness if
necessary. The MFD is very active in participating in
community events. A goal of the MFD is to provide
CPR/AED training during community events to increase
patient outcome provided by the lay citizen until the fire department arrives.
Lastly, the MFD is motivated to participate in mutual aid wildland incidents. This would be a new service we would be providing to Area E and Area C during mutual aid
responses to these incidents to treat a cardiac event to fellow firefighters on the fire line.
Timeline
When funds will be needed, how
long will it take to implement.
Explain/list the major milestones to
achieve implementation and the
approximate timeline for each.
The MFD has received a quote from Zoll Medical
Corporation for the requested equipment. If the funds are secured, the MFD will be ready to purchase immediately.
Once the equipment is received, training will occur, and the equipment will be placed into service.
Major milestones would include fire line EMT/Paramedics responding to a wildland mutual aid incident, training our CERT members, community members, and City staff in
CPR/AED.
Provide as separate attachments the following supporting documents:
• List of equipment and price quotations for equipment purchases.
• Financial statements will be required for funding request to offset the operational loss for providing a specific service (e.g. Trauma Services). The financial statements must clearly show direct expenses incurred and revenue received and expected to be received from all sources (including subsidy and donations) for providing the service, with the request for Measure B funding no more than the gap between the revenue and expenses.
• For proposed new services or activities, a detailed budget must accompany the funding request, that includes a list of personnel, equipment, supplies and services costs, and an explanation of how these costs are determined.
• When a request requires the hiring of personnel or incurring other long-term financial obligations (e.g. lease) for future years, the requesting entity must provide supporting documentation demonstrating how they will cover the personnel cost and these obligations if Measure B funding is not available in future years.
• If the requesting entity is a Los Angeles County department, provide a letter from the submitting entities Chief Executive Officer or Department Head approving the addition of the requested item to the department’s budget.
• Project Timeline: Include how soon project would begin once funded. For one-time funding, indicate the total time needed to complete project and major milestones along the timeline.
Submit all documents via mail or email no later than June 26 of this year to:
Los Angeles County
Emergency Medical Services Agency
Measure B Advisory Board
10100 Pioneer Boulevard, Suite 200
Santa Fe Springs, CA 90670
Attention: Jacqui Rifenburg
[email protected]
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: ACCEPTANCE OF THE MONTEBELLO DRIVING RANGE PROJECT - TOP GOLF – NOTICE OF COMPLETION
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept the Top Golf Project as completed by McCarthy Building Companies, Inc.; and,
2. Approve the final contract amount with McCarthy Building Companies, Inc. for the construction of the Top Golf Project in the amount of $45,268,224; and,
3. Approve the Final Total Project Budget (Attachment A); and,
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. Take such additional, related action that may be desirable.
FISCAL IMPACT:
During its meeting on September 28, 2022, the City Council and Montebello Public Financing Authority (PFFA) held a public hearing and approved the issuance and delivery of the Series 2022B Lease Revenue Bonds (“2022B Bonds”). The proceeds of the 2022B Bonds were used to finance the construction of the Montebello Driving Range Project, also known as Topgolf Montebello.
A total of $55.95 million in bonds were issued. The majority of the bond proceeds were utilized to construct Topgolf Montebello, with additional bond proceeds used to establish a required bond reserve fund, a capitalized interest fund and to pay costs of issuance.
Attachment A shows the total expenditures for the project amounting to $45,268,224. The project has been completed within the not-to-exceed amount of $60,000,000 previously
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
authorized by the City Council.
BACKGROUND/DISCUSSION:
On November 10, 2022, the City Council awarded a construction contract to McCarthy Building Companies, Inc. for both the construction and construction management of the Topgolf Montebello Project.
The project comprises a 66,000-square-foot Topgolf-branded commercial driving range and entertainment venue, featuring a full-service restaurant, event space, and a variety of associated amenities. Key components of the project include:
• A three-story driving range complex with over 150 hitting bays • Restaurant and entertainment areas
• Outdoor seating and patio spaces
• Parking lot
• Common facilities, including a public access road connecting to Bella Verde Drive
The development spans approximately 15 acres. The project was deemed substantially complete in May 2024, with a grand opening occurring on May 3, 2024.
It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the County Recorder’s Office for the project.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council accept the Topgolf Montebello Project as completed; and approve the final Project budget and expenditures (Attachment A); and authorize the City Clerk to execute, verify, and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder.
ATTACHMENT(S)
1. Attachment A - Total Project Budget and Expenses
2. Attachment B - Notice of Completion
ATTACHMENT A
TOPGOLF MONTEBELLO PROJECT
FINAL TOTAL PROJECT BUDGET
Project Expenses Final Cost
Payment 1 $ 1,028,738.52
Payment 2 $ 922,313.34
Payment 3 $ 964,428.79
Payment 4 $ 4,459,595.76
Payment 5 $ 3,083,581.25
Payment 6 $ 2,239,202.51
Payment 7 $ 2,555,305.47
Payment 8 $ 4,385,635.79
Payment 9 $ 4,907,583.42
Payment 10 $ 5,061,999.95
Payment 11 $ 3,912,788.71
Payment 12 $ 6,305,405.46
Payment 13 $ 929,270.47
Payment 14 $ 1,165,704.89
Payment 15 $ 1,196,325.05
Payment 16 $ 1,975,533.40
Payment 17 $ 174,811.14
Total Project Cost: $ 45,268,223.92
Authorized Project Budget - Series 2022B Lease
Revenue Bonds Budget Amount
Original Construction Contract (McCarthy Building
Companies, Inc.) $ 60,000,000.00
Total Project Budget: $ 60,000,000.00
Note: The project was completed within budget.
RECORDING REQUESTED BY ATTACHMENT B
CITY OF MONTEBELLO
AND WHEN RECORDED MAIL TO
NAME CITY OF MONTEBELLO
CITY CLERK
STREET 1600 W Beverly Blvd.
ADDRESS
CITY Montebello,
STATE CA
ZIP 90640
SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Montebello
3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640
4. The nature of the interest or estate of the owner is: in fee.
(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
_______________________________________________________________________________________________
6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
____________________________________________________________________________________________
7. A work of improvement on the property hereinafter described was completed on May 14, 2025. The general scope of work consisted of a 66,000-square-foot Topgolf-branded commercial driving range and entertainment venue, featuring a full-service restaurant, event space, and a variety of associated amenities.
8. The name of the contractor, if any, for such work of improvement was McCarthy Building Companies, Inc.
May 14, 2025
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Montebello Driving Range Project, known as Topgolf Montebello
Director of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on_________________ , 2025 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD CONSTRUCTION AGREEMENT NO. 4312 FOR PLAZA DRIVE PAVEMENT REHABILITATION PROJECT (CP 917)
DATE: May 14, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award a Construction Agreement to All American Asphalt for Plaza Drive Pavement Rehabilitation Project (CP 917) as the most responsive, responsible bidder in the amount of Four Hundred Fourteen Thousand, Nine Hundred Fifty- One Dollars ($414,951) payable from Proposition C funds; and
2. Approve a 10% construction contingency of $41,495 payable from Proposition C funds; and
3. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and
4. Authorize the City Manager to execute the Construction Agreement (attached hereto in substantial form) and all applicable change orders in good faith; and
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Staff recommends awarding the construction contract to All American Asphalt as the most responsive and responsible bidder in the amount of $414,951. Additionally, a 10% construction contingency of $41,495 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $456,446 payable from Proposition C funds (Account No. 215-99-7116, Proposition C, Non-Departmental, Improvements Other Than Building). The adopted Fiscal Year 2024-25 Capital Improvement Project (CIP) Budget allocated the necessary funds for this project.
Therefore, no budget amendment is needed as part of the recommended action.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
Additionally, staff request authorization for the City Manager to execute all contract change orders that are approved and negotiated in good faith by the Director of Public Works and the Construction Manager.
BACKGROUND/DISCUSSION:
On March 26, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the Plaza Drive Pavement Rehabilitation Project — CP 917. This project aims to rehabilitate the asphalt pavement on Plaza Drive between Montebello Boulevard and San Gabriel Boulevard due to its severe deterioration and critical role as a primary ingress and egress route for the Montebello Town Center and various bus routes. The project enhances transportation infrastructure and improves Americans with Disabilities Act (ADA) compliance. These efforts seek to improve the quality and safety of Plaza Drive for residents and commuters.
The NIB was published on March 27, 2025, in a newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. A total of eight (8) bids were received electronically via PlanetBids on April 23, 2025. The following is the tabulation based on the order of when the bids were received:
Contractors Bid Totals
1 All American Asphalt $414,951.00
2 Hardy & Harper, Inc. $430,000.00
3 Dash Construction $439,977.00
4 Excel Paving $459,574.00
5 Onyx Paving Co, Inc. $496,000.00
6 Toro Enterprises $519,517.00
7 LCR Earthwork & Engineering,
Corp.
$564,740.00
8 Estate Design and Construction
Inc.
$668,800.00
The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the analysis, staff’s recommendation is to award All American Asphalt the contract agreement (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025
ANALYSIS:
N/A
SUMMARY:
Staff recommends awarding the construction contract to All American Asphalt as the most responsive and responsible bidder for the amount of $414,951, plus a 10% construction contingency of $41,495 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life. The total contract award amount — including the 10% contingency — is $456,446, payable from Proposition C funds (Account No. 215-99-7116, Proposition C, Non- Departmental, Improvements Other Than Building); and authorize the City Clerk’s office to release all-other bidders’ bonds; and authorize the City Manager to execute the agreement and all change orders within the contingency amount in good faith.
ATTACHMENT(S)
1. Attachment A - Professional Services Agreement No. 4312 with All American Asphalt
2. Attachment B - Bid Results
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 4312
WITH ALL AMERICAN ASPHALT
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on May 14 , 202 5 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and ALL AMERICAN ASPHALT, a corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before April 23, 2025, published on March 26, 2025, for the work on Plaza Drive Pavement Rehabilitation Project — CP 917 (“PROJECT”).
WHEREAS, on May 14, 2025 , the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the CONTRACT DOCUMENTS are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.
b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:
1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.
2. Appendices
3. Standard drawings
4. Details
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
5. Special Provisions, if any
6. Addendums
7. General Specifications and all referenced specifications
8. Bidders Proposal
9. Instructions to Bidders
10. Notice Inviting Sealed Bids
SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expi re December 31, 2025, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.
SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of Four Hundred Fourteen Thousand Nine Hundred Fifty One Dollars and Twenty Cents, ($414,951.20) which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.
4.1. Progress Payments
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.
Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.
4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5 %) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.
4.3. Substitution of Securities
Pursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.
Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.
SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.
SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within forty-five (45) Working Days from the commencement thereof.
SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.
d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
8.1. CONTRACTOR License.
CONTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
8.2. Ineligible CONTRACTOR Prohibited.
Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
8.3. Compliance with SB 854 Registration.
This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
8.4. Trench and Pipeline Safety.
If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.
8.5. Utility Relocation.
The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
8.6. Third Party Claims Notification.
The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.
8.7. Unfair Business Practices Claims.
The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
parties. (Section 7103.5, California Public Contract Code.).
8.8. Day’s Work.
CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
8.9. Payroll Records.
CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
8.10. Employment of Apprentices.
Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.
8.11. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
SECTION 9. PREVAILING WAGES
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS.
b. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A . The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore , if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY for the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder . Such sum is liquidated damages and
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
SECTION 14. DISPUTE RESOLUTION
14.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.
14.2 Public Contract Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:
1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.
2. The CITY must respond within 45 days as to which claims are disputed and undisputed.
3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.
4. After meet and confer, any disputed claim remaining shall be submitted to non-binding mediation.
5. All undisputed claims shall be paid within 60 days.
SECTION 15. TERMINATION.
15.1. Termination for Convenience.
The CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
15.2 Termination for Default.
If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.
15.3 Waiver of Remedies for any Breach.
In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.
SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
SECTION 17. COMPLIANCE WITH APPLICABLE LAWS
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.
SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.
SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.
SECTION 21. ATTORNEY’S FEES AND COSTS
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have
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control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.
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 via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: All American Asphalt
PO Box 2229, Corona, CA 92878
Phone: 951-736-7600
Email: [email protected]
Email: [email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned,
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conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECTION 26. COUNTERPARTS
This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
STANDARD PUBLIC WORKS AGREEMENT NO. 4312
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.
CITY OF MONTEBELLO
(“CITY”)
By: ___________________________________
Raul Alvarez, City Manager
Date: ______________________
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney
ALL AMERICAN ASPHALT
By: _________________________
Mark Luer, President
Date: ________________________
By: __________________________
Edward J. Carlson, Vice President
Date: _________________________
EXHIBITS:
• Exhibit A — Insurance Requirements
• Exhibit B — Performance Bond
• Exhibit C — Labor and Materials Payment Bond
• Exhibit D — Contractor’s Proposal
E
XHIBIT “A”
INSURANCE REQUIREMENTS
O
n or before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.
1. C
omprehensive General Liability and Automobile Liability Insurance Coverage.
CO
NTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
M
inimum coverage: Bodily injury limits of $ 2,000,000 for each person and $2 ,000,000 for each occurrence; property damage limits of $2 ,000,000 for each occurrence, $5,000,000 aggregate.
P
roducts/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A
combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
I
f a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. A
utomobile Liability.
CO
NTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.
3. W
orker's Compensation.
CO
NTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that
CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4. Additional Insureds.
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.
5. Notice of Cancellation.
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6. Severability Clause.
Each of the policies of insurance shall contain a clause substantially as follows:
The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.
7. Qualifications of Insurer.
All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.
8. Approval of Insurer.
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9. Payment of Premiums.
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.
10. Evidence of Insurance and Claims.
CONTRACTOR shall provide certificates of insurance to the CITY as evidence of
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY ’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
(Use of City Bond Form is Required)
EXHIBIT “B”
PERFORMANCE BOND
PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.
NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
_________________________
City Attorney
(Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..
NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Ag reement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's
fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement , plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
This document is signed by the respective parties on the dates next to their names.
Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
________________________
City Attorney
~ u
MONTEBELLO
ADDENDUM NO. 1
Plaza Drive Rehabilitation Project
CP 917
April 10, 2025
This notice comprises Addendum No. 1 to City of Montebello CP No. 917. This addendum provides the questions submitted by vendors and responses provided by the City.
Question 1. Do you have an Engineer's Estimate for this project so I can Order my Bidder's Bond? Response- $694,416
Question 2. What is the engineer's estimate for this project? Response- $694,416
Question 3. May you please provide an Engineer's Estimate for this project? Response- $694,416
Cesar Roldan /
Director, Public Works
1600 W Beverly Blvd. Montebello, CA 90640 • (323) 887-1200 • MontebelloCA.gov EXHIBIT "D"
CONTRACTOR'S
PROPOSAL
PROPOSAL
FOR
PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917
IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as "AGENCY" or "City"
In accordance with the City's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result" in forfeiture to City of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.
BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE
CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the City's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City's option, be considered null and void.
C-1
BID PROPOSAL
FOR
PLAZA DRIVE PAVEMENT REHABILITATION PROJECT
C.P. No. 917
IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:
Construct improvements as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:
BASE BID SCHEDULE
ITEM DESCRIPTION EST QTY UNIT PRICE TOTAL
1 MOBILIZATION (Not to exceed 10% of
total of all other prime contract Bid Items) 1 LS
2 TRAFFIC CONTROL (Not to exceed 8% of
total of all other prime contract Bid Items)
1 LS
3 STORM WATER POLLUTION
PREVENTION (SWPPP) BMP'S 1 ALL $5,000.00 $5,000
4 CONSTRUCTION SURVEY 1 LS
5 FULL WIDTH COLD MILL, 3.5" DEPTH 90,840 SF
6 CONSTRUCT 1.5" AC (TYPE B-PG 64-10)
PAVEMENT 840 TON
C-2
$30,000.00
$30,000.00
$23,900.00
$23,900.00
$3,500.00
$3,500.00
$61,771.20
$0.68
$117.00
$98,280.00
CONSTRUCT 2" ARHM-GG-C
PAVEMENT OVERLAY 1,120 TON
8 DOUBLE ADJUST MANHOLE TO
GRADE 1 2 EA
9 DOUBLE ADJUST GAS VALVE TO
GRADE 2 EA
10 TRAFFIC SIGNING, STRIPING AND
MARKINGS
1 LS
11 INSTALL VEHICLE DETECTOR LOOPS 6 EA
12 REMOVE EXISTING AND INSTALL NEW
VEHICLE LOOP DETECTOR STUB OUT 1 EA
13 FURNISH AND INSTALL PROJECT
CONSTRUCTION SIGNS 2 EA
TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES
TOTAL AMOUNT BID IN WORDS
Dollars
Edward J. Carlson, Vice President
Bidder's "Signature
All American Asphalt
Title
Company Name
$125.00
$140,000.00
$1,800.00
$21,600.00
$800.00
$1,600.00
$19,500.00
$19,500.00
$600.00
$3,600.00
$1,000.00
$1,000.00
$2,600.00
$5,200.00
$414,951.20
Four Hundred Fourteen Thousand Nine Hundred Fifty-One Dollars and Twenty Cents
ALL AMERICAN ASPI LALT
ALL AMERICAN AGGREGATES
ALL AM E RI CANASPHALT
An €LU.!AL [~rrfRIt!NI. Lau
CORPORATE RESOLUTION
FI.
Lt~~<TRAI'Tt l., I 'f \tit :Zi :fl 3 ACIl.
€sir L lU1 FIislU5
Resolved, that this Corporation, All American Asphalt, on January 2, 2025 authorizes Edward J.
Carlson to execute bid proposals, contracts and agreements on behalf of the company in the capacity of Vice President.
Michael Farkas
Secretary
DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109
The City of Montebello cannot permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.
In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, each bidder shall set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.
If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.
No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his/her original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a fmding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.
California Public Contract Code 7104
Contractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.
C-4
Bidder's List of subcontractor
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/public- works/contractor-registration. html
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor
License Number
DIR Reg Number
Name:
City, State
Name:
City, State
Name:
City, State
Name:
City, State
C-5
Case Land Surveying, Inc.
Orange, CA
Item #4
Survey
MD Rubberized Crackfill, LLC
Lake Forest, CA
Item #6
Crack Seal
Smithson Electric, Inc.
Orange, CA
Item #11 & 12
Loops
986686
1000006438
L5411
1000001533
614518
1000001610
Superior Pavement Markings
Cypress, CA
Item #10
Striping
776306
1000001476
$6,200.00
$3,500.00
$4,600.00
$19,437.00
4.68%
1.11%
1.49%
0.84%
Bidder's List of subcontractor
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/public- works/contractor-registration. htm
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor
License Number
DIR Reg Number
Name:
City, State
Name:
City, State
Name:
City, State
Name:
City, State
C-5
Name:
City, State
C-6
REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
1. City of Riverside - 3900 Main Street, Riverside, CA 92502 Name and Address of Agency
Mark Messen; 951-826-5311
Name and telephone number of person familiar with project $8,965,842.76
Contract amount
Street Improvements 1/2024
Type of work Date completed
2. City of Irvine; 1 Civic Center Plaza, Irvine, CA 92606 Name and Address of Agency
Stacy Delong; 949-724-7365
Name and telephone number of person familiar with project $7,869,222.00 Pavement Rehabilitation
Contract amount Type of work
3. City of Duarte
Name and Address of Agency
1600 Huntington Drive, Duarte, CA 91010
12/2024
Date completed
Name and telephone number of person familiar with project $1,199,199.00
Contract amount
Street Rehabilitation 12/2024
Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Surety: Fidelity and Deposit Company of Marland
777 S. Figueroa St. #3900, Los Angeles, CA 90017
213-270-0600
Agent: Foundation Risk Management, Corp. dba Millennium Risk Management & Insurance Services 750 The City Drive South, Suite 450, Orange, CA 92868
949-857-4500
C-7
2024
PAST WORK REFERENCES
City of Riverside
3900 Main St.
Riverside, CA 92502
Contact: Mark Mesen (951) 826-5311
mmensen(a~riversideca.gov
Lewis Management Corporation
1156 N. Mountain Ave.
Upland, CA 91786
Contact: Daniel Coburn (909) 985-0971
Daniel.coburn(a~lewismc.com
City of Irvine
1 Civic Center Plaza
Irvine, CA 92606
Contact: Stacy Delong (949) 724-7365
sdelongCa citvofirvine.orq
City of Duarte
1600 Huntington Dr.
Duarte, CA 91010
Contact: Brian Chau (626)357-7938
bchau( accessduarte.com
City of Norwalk
12700 Norwalk Blvd.
Norwalk, CA 90650
Contact: Glen W.C. Kau (562) 929-5723
gkauCa~norwalkca.gov
SB-1 St. Improvement
Contract Amount: $8,965,842.76
Start Date: 4/2023
End Date: 1/2024
Haven Avenue and Fourth Street
Improvements
Contract Amount: $1,338,174.90
Start Date: 6/2023
End Date: 7/2024
Jamboree Pavement Rehabilitation
Contract Amount: $7,869,222.00
Start Date: 6/2023
End Date: 12/2024
FY 23-24 Street Rehabilitation
Project 24-3
Contract Amount: $1,199,199.00
Start Date: 4/2024
End Date: 12/2024
Local Streets Rehab Program Ph II
Zone 19
Contract Amount: $7,869,222.00
Start Date: 6/2023
End Date: 12/2024
2024
PAST WORK REFERENCES
City of Monterey Park
320 W Newmark Ave.
Monterey Park, CA 91754
Contact: Anthony Bendezu (626) 307-1283
abendezvccr~montervpark.ca.gov
Lennar Homes
4140 Temescal Canyon RD#410
Corona, CA. 92883
Contact: Tom Ontiveros (951) 817-3595
Thomas.ontiveros(a~Lennar.com
City of El Monte
11333 Valley Blvd.
El Monte, CA 91731
Contact: Kevin Ko (626) 580-2058
Kko c elmonteca.gov.
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Contact: Cristina Oquendo (714) 754-5015
cristina.oquendo~costamesaca.gov
City of Corona
400 S. Vicentia Ave.
Corona, CA 92882
Contact: Ismael Rivera (951) 736-2400
Ismael.Rivera cr CoronaCA.gov
2023-24 Street Rehabilitation Various
Locations
Contract Amount: $1,498,887.89
Start Date: 9/2023
End Date: 12/2024
Goetz Road Improvements
Contract Amount: $1,322,050.15
Start Date: 5/2024
End Date: 12/2024
Lower Azusa RD St. Improvements
Contract Amount: $-2,194,194.00
Start Date: 5/2024
End Date: 12/2024
Placentia Ave. W 19th St & E 19th St.
Pavement Rehabilitation 22-08
Contract Amount: $2,745,547.20
Start Date: 2/2023
End Date: 7/2024
Citywide Street Pavement Rehabilitation
Project ST-2101-01
Contract Amount: $14,236,115.51
Start Date: 12/2023
End Date: 7/2025
2023
PAST WORK REFERENCES
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
Manhattan Beach, CA 90266
Contact: Jarb Thaipejr (909) 799-2811
ithaipeir(a~lomalinda-ca.gov
Euclid Land Venture, LLC
4450 Macarthur Blvd., Ste 100
Newport Beach, CA 92693
Contact: Scott Kendall (949) 783-5341
khaymes(a7ranchomv. com
City of Aliso Viejo
12 Journey Ste #100
Aliso Viejo, Va 92656
Contact: Shaun Pelletier (949) 425-2531
spelletier(~avcity. orq
RMV Realty, Inc.
28811 Ortega HWY
San Juan Capistrano, CA 92693
Contract: Jeff Ford (949) 413-8899
iford(u~ranchomv. corn
City of Monterey Park
320 W. Newmark Avenue
Monterey Park, CA 91754
Contact: Anthony Bendezu (626) 307-1283
abendezv(a)monterevpark.ca.gov
Pavement Rehab. at Various Locations
Contract Amount: $1,476,363.00
Start Date: 9/1/2023
End Date: 12/2023
Merrill Ave. Street Widening
Contract Amount: $915,915.00
Start Date: 4/2022
End Date: 2/2023
FY22-23 Slurry Seal & Rehab Project
Contract Amount: $1,595,650.00
Start Date: 5/2022
End Date: 5/2023
PA 3.2A Street Improvement
Contract Amount: $1,244,244.00
Start Date: 4/2022
End Date: 8/2023
2023 Street Rehabilitation Project
Contract Amount: $6,865,699.00
Start Date: 8/2023
End Date: 12/2023