Agenda packet — Montebello City Council, June 11, 2025 (part 5 of 6)

CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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KEY SUPPORTING TASKS
Regardless of the task order, the following are key support tasks that are critical steps on the path to project success.

Environmental Clearance and Permitting
As part of the Mark Thomas team, GPA, a DBE firm, will be providing environmental services for this on-call service. We will be able to assist the City in obtaining the required environmental permits for the project. Additionally, we will also assist the City with project environmental documents and associated technical studies needs. Whether the project requires a CEQA compliant Categorical Exemption, Initial Study, or an EIR or also needs to include NEPA compliant Categorical Exclusion, Environmental Assessment, or an EIS if federal funding is involved, our project team is suited to provide this service to the City.

GPA is also proficient in obtaining the necessary regulatory agency permits for a project, which may include the Regional Water Quality Control Board (RWQCB), United States Army Corps of Engineers (USACE) and the California Department of Fish and Wildlife (CDFW).

Public Outreach
As part of the Mark Thomas team, Arellano & Associates, a DBE firm, will be available to address community
engagement and outreach needs. Through their strategic
process for integrated marketing communications, they
align unique challenges and engages intended audiences
through highly effective campaigns.

They tailor communication strategies to meet program
needs, drawing on their expertise in public engagement, marketing, creative services, and web and interactive
design.

Mark Thomas key staff also has experience
leading and participating in public outreach
efforts for different projects and programs. As
shown above, Paul Martin led the Go Human
public campaign during his time with OCTA.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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UTILITY COORDINATION AND NOTIFICATIONS
Mark Thomas will approach any required utility coordination efforts by following the widely accepted Caltrans Utility Coordination Process (Caltrans Utility A-B-C Process). Based upon an examination of available records and field inspection, a utility conflict matrix will be developed. This matrix will include the disposition of each utility within the project limits. If it is determined that potholing of existing utilities is necessary to confirm the project in place assumption, Mark Thomas will have an underground exploratory pothole conducted to verify locations of existing utility facilities.

We maintain strong working relationships with utility providers throughout Los Angeles County. We have experience coordinating with Southern California Edison (SCE), Metropolitan Water District (MWD), Southern California Gas Company, AT&T, Verizon Business, Frontier and other telecommunications providers. We currently maintain an on-call surveying services contract with SCE, which we leverage to strengthen utility coordination efforts involving electric utilities. 1234 UTILITY “A”
LETTER

UTILITY

KICKOFF

MEETING
UTILITY “B”
LETTER
UTILITY “C”
LETTER

ADMINISTERING THE GRANT FUNDING PROCESS
We are knowledgeable of the federal and/or state laws, regulations, policies and procedures related to design, right of way certification, utility coordination, construction and maintenance. Federal funding requires a separate E-76 process for each phase of work in order to receive reimbursement. This involves preparing Request for Authorizations (RFAs) and supporting information for the various project phases, preparing Right-of-Way and Utility Certification Forms and submitting and receiving approval for PS&E.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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MANAGEMENT APPROACH
For the delivery of an on-call services contract through a task order basis, it is important to have an experienced project manager and a well-thought-out Project Management Plan (PMP). One of the first items of work is to prepare a PMP that sets the expectations and serves as a guidebook as task orders are developed and executed.

PROJECT MANAGEMENT PLAN
The preparation of a Project Management Plan (PMP) is crucial. PMPs are prepared shortly after NTP and serve as a guide for project implementation and management. The PMP provides a baseline of project objectives to achieve, how it is to be achieved, who will be involved, how it will be reported and measured, and how information will be communicated. With an on-call contract, we create an overarching PMP that includes items such as the contract contact list, communication protocols, budget tracking and invoicing procedures.

The PMP will be amended for each specific task order and will include the following:
» Project Overview and Objectives
» Project Scope, Requirements, and Deliverables
» Project Team Roles and Responsibilities
» Project Budget
» Schedule and Key Milestones
» Quality Control Approach
» Spring Street Pedestrian enhancements, Signal Hill, ATP » Cherry Avenue Widening, Signal Hill, DEMO
» Rosecrans Avenue Corridor Traffic Signal Enhancements, Norwalk, HSIP
» Studebaker Road Corridor South Traffic Signal
Enhancements, Norwalk, HSIP
» Studebaker Road Corridor North Traffic Signal
Enhancements, Norwalk, HSIP
» Alondra Avenue Corridor Traffic Signal Enhancements,
Norwalk, HSIP
» San Antonio/Norwalk Boulevard Traffic Signal
Enhancements, Norwalk, HSIP
» Firestone Boulevard Bridge Widening, Norwalk, HBP
» Bloomfield Avenue and 166th Street Traffic Signal
Upgrade, Cerritos, HSIP
» Long Beach Boulevard Pedestrian Enhancements, South
Gate, ATP & HSIP
While the PMP serves as a guide, it is active and engaged project management that keeps our projects on schedule and under budget. Following are the keys to our successful delivery.

Additionally, utility relocations must follow Chapter 14 “Utility Relocations” of the Caltrans LAPM requires agencies to comply with similar procedures as the Caltrans Right of Way Manual for projects off of the State Highway System that are financed with federal funds. Similar to utility relocations, right of way acquisitions will need to follow the LAPM Chapter 13 “Right of Way”.

To assist in the grant administration, we have included Bill Zimmerman, from WGZE, on our team to lead this effort. Bill and Pat just completed this process for ATP and HSIP grants on the Long Beach Boulevard Complete Street project for the City of South Gate, having to accelerate the process in order to meet the funding deadline. They were successful in having the item placed on the June California Transportation Commission (CTC) meeting agenda. Bill’s recent experience with grant administration includes:
“The Mark Thomas Team has been instrumental in leading efforts with the $128 million McKinley Street Grade Separation Project through their proactive communication, responsiveness, and management of several complicated risks streamlining the project schedule and third party coordination efforts with regulatory agencies. They have really made a very complicated project far less challenging.” -Savat Khamphou, Public Works Director/City Engineer, City of Corona

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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CONTINUAL BUDGET CONTROL
We use Deltek for all our accounting functions. Deltek has modules “Project Review” and “I-Access” that allow project managers to enter budgets for Mark Thomas and the subcontractors and track spending in real-time. We use these modules to track earned value on our project and will be done for each task order. Our project managers do an excellent job making sure the team is efficient and make sure that information that is needed is available before moving on to certain other tasks. If items are needed to move forward this is communicated to the group early and people are held accountable to keep the project moving – efficiently.

Our Work Breakdown Structure forms the base for our budget.

As shown in the chart below, we plan our work using a resource loaded schedule, monitor the project progress, and track the planned budget vs. actuals, and we report this to Montebello monthly or each task order. We review and report any variations along with a corrective action plan.

Our monthly progress reports that will accompany our invoices will include a narrative description of the work performed, the work to be performed in the next reporting period, identifying any issues/concerns and charts reflecting the earned value, actuals, and planned expenditures.

For tasks expected to last several months with multiple milestone, we use real time comparison of actual
hours expended versus planned hours for each project
milestone. Our project managers check it monthly
with the development of progress reports/invoice
preparation.

DELIVERING QUALITY PRODUCTS, EVERY TIME
Mark Thomas is committed to delivering quality products that meet the City’s expectations. For each project, we develop a project-specific Quality Management Plan (QMP) that will guide the quality review process. We leverage our firmwide Quality Management System (QMS) that provide the tools necessary to ensure quality deliverables.

The PMPs/QMPs stipulate the deliverables and schedules for the various levels of quality control reviews to be conducted throughout the project. Our project managers perform on-going reviews as the project develops and Quality Control Reviews/Accuracy Checks are conducted for every completed work product. Before delivering to the client, fresh eyes are provided by Independent Technical Reviews which are conducted by those who are knowledgeable but not involved in the day-to-day project development. Interdisciplinary reviews are conducted on projects that bring together multiple disciplines to proof their integration. Key elements of our QMP include:

Subconsultant Quality: Mark Thomas requires each of our subconsultants follow our QMP to ensure the entire team is following the same procedures and developing quality products team-wide. Our quality manager will provide necessary training and will perform audits on the subconsultant QA/QC documentation.

Response Procedures: A formal response procedure is used to track comments received on our deliverables— taking a proactive stance in addressing issues and comments as they arise and tracking them using a Review Comment Matrix through resolution. Our Project Manager personally ensures each comment is resolved prior to the subsequent submittal.

Quality Control Audits: Mark Thomas conducts internal quality audits to verify overall conformance with approved policies and procedures and to document any problems related to QA/QC activities. Internal audits will be conducted after major submittals as determined by the Auditor and Project Manager for each project.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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AN ORGANIZED DOCUMENT CONTROL SYSTEM
Mark Thomas has implemented document control systems during the design and construction phases on numerous projects, implementing logs and tracking systems, along with keeping electronic files organized. With our believe in environmental stewardship, all files will be stored electronically with no hard copy filing or storage.

Our document controls system assists in managing records and reports associated with this on-call contract. This will include real-time, secure access to documents during the review, comment and approval stages. Documents generated both internally and externally will be managed, maintained and submitted in electronic format. Hard copies will be submitted if desired. All documents will be stored electronically, no hard copy filing, on a secure server and backed up daily, which will provide central storage of all project documentation, and allow our team to manage and share information with the City and any other agency or stakeholder as needed.

A standard folder structure is used for the project documents that can be tailored to the City’s needs. This will also include all quality documentation consisting of the quality manual, checks, design calculations, Bluebeam design reviews and quality assurance.

PROACTIVE SCHEDULE MANAGEMENT
Our project managers are taught to take a proactive approach for planning project activities, looking ahead and drilling down to track tasks critical to achieving each milestone. Identifying the risks to the project schedule and mitigating them by advancing early activities where possible without the risk changes later in design. Our strategy for keeping projects on schedule is simple, track the action items, communicate key milestones often and overcommunicate.

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CITY OF MONTEBELLO

ON-CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES

SCOPE OF SERVICES

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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SCOPE OF SERVICES
Mark Thomas will prepare a scope of services specifically tailored to each task order received from the City. The following scope of services is intended to be all inclusive, however, depending on the task order needs, many tasks will not be required, or additional ones added. Work specific to projects with State or Federal funding is shown in italics.

TASK 1. PROJECT MANAGEMENT AND COORDINATION
Task 1.1. Project Management
Mark Thomas will coordinate with the City and manage the project team. This includes preparing contract paperwork, memos, letters, and emails, and making phone calls. Management activities also including preparing monthly invoices and status reports, which will include summation of work by task, progress relative to adopted project schedule, projected work activities, and outstanding issues. Mark Thomas will adhere to the project budget and will actively manage sub-consultant budget requirements.

Task 1.2. Meetings
Mark Thomas will organize, schedule, and lead project meetings. It is anticipated that monthly meetings will be held at a minimum, with other meetings schedule as needed. Efforts includes preparing meeting agendas and meeting minutes summarizing discussion items and action items. Mark Thomas will be available to make presentations to City Council and City Commissions.

Task 1.3. Third Party Coordination
Third party coordination will be provided with outside agencies such as the adjacent cities, Metro and others. Coordination includes working closely with the City Contract Manager/Liaison with Caltrans Local Assistance for the scheduling, review and processing of project documentation.

Task 1.4. Community Meetings
Mark Thomas, through our subconsultant Arellano and Associates, will support the City is community outreach efforts to the extent necessary. This could include organizing and conducting a community stakeholder meeting, development of collateral material, maintaining a stakeholder database, providing social media material and/or conducting one-on-one meetings with residents, businesses or elected official briefings.

Task 1.5. Project Schedule
Mark Thomas will develop and maintain a critical path method (CPM) design schedule for each task order. The schedule will be updated as progress is made, with critical path activities clearly shown for team review purposes. The project schedule tasks will align with the tasks included within the Scope of Services. Will conduct meetings with Caltrans Local Assistance personnel as necessary to facilitate project review, processing and approvals.

Task 1.6. Quality Control
Mark Thomas will prepare and implement our established Quality Control procedures to verify that all deliverables have been reviewed for completeness and accuracy, that the submittals conform to the applicable standards, as well as to check that the deliverable satisfies the purpose and need for the submittal. We will complete and document an independent technical review of each major submittal. Review comments will be addressed prior to submittal to the City. Mark Thomas will review subconsultant submittals according to the same standards.

TASK 1 DELIVERABLES
» Monthly Invoices and Progress Reports
» Project Schedule and Updates
» Meeting Agendas and Minutes
» Exhibits and Presentation Materials
» Quality Control Documents

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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TASK 2. ENGINEERING STUDIES AND FIELD INVESTIGATIONS
Task 2.1. Survey and Mapping
Mark Thomas will provide control surveys, establishing the horizontal and vertical control. Aerial photogrammetry (40 scale) and field survey will be performed based on horizontal control (NAD83) and vertical control (NAVD88).

Field survey will include data collection necessary for the task order needs and will include cross sections, visible utility and drainage facilities with invert elevations as necessary.

Task 2.2. Right of Way Mapping
Mark Thomas will perform record research of existing Record of Surveys, Subdivision and Parcel Maps, and Corner Records, to verify existing centerlines together with the necessary field survey ties. Mark Thomas will review Title Reports and supporting documents for use in determining property lines and easements to provide the base right of way map.

Task 2.3. Utility Coordination
Mark Thomas will identify and plot existing utility facilities within the project area from the acquired maps and as-builts, and coordinate with utility companies affected by the project. Mark Thomas will follow the Caltrans Utility Coordination Process (Caltrans Utility A-B-C Process). Any utility relocation, including adjustments to grade shall be processed and permitted with the various agencies and utility companies. We will coordinate and notify the City of any costs to be paid by the City for utility relocations early in the design process. Caltrans Notice to Owner – Local Assistance Form LAPM 14-D will be executed with all utility companies to acknowledge utility work and define cost liability.

We will pothole existing utilities crossings, underground structures, and other facilities that could pose a conflict with the proposed project. The Consultant shall track the progress/schedule of the utility company responses and relocation plan preparation in order to have the utility facility relocated prior to construction (preferred), or to ensure final approved utility relocation plans are documented in the City construction plans and the number of working days required by the utility company to construct their facilities clearly identified in the Special Provisions.

Task 2.4. Geotechnical Investigations
Mark Thomas, through our subconsultant Leighton, will provide pavement studies and geotechnical investigations necessary for each task order. The efforts will include field investigations with shallow corings for pavement analysis and deeper borings necessary for structural analysis.

Laboratory testing will be conducted on the sampled earth materials depending upon the project needs. Engineering analysis will develop findings and recommendations for design and construction. These will be documented in a memorandum or report, and include site conditions, geologic hazards, corrosivity, pavement, foundation design, liquefaction bedding and backfill and construction considerations.

Task 2.5. Roadway Hydrology & Hydraulics
Mark Thomas will prepare a roadway Hydrology and Hydraulics Report per the Los Angeles County Hydrology Manual for surface and any proposed storm drain facilities designed to accommodate surface runoff.

Task 2.6. Stormwater Quality
Draft Standard Urban Stormwater Mitigation Plan (SUSMP) per City of Glendale/City of Los Angeles/Los Angeles County SUSMP and Low Impact Development (LID) guidelines.

Task 2.7. Traffic Analysis
The Mark Thomas team will conduct AM peak and PM peak period intersection turning movement counts including bicycles and pedestrians and daily arterial volume counts at the intersection and compare to historical counts. Intersection Capacity Utilization (ICU) calculations will be performed and checked for deficiencies with and without the proposed improvements. Turning volumes will be input to Synchro and a SimTraffic simulation performed to establish the potential length of turn-pockets.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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We will conduct a project screening analysis to determine if the project meets the VMT screening criteria included in the Los Angeles County Public Works Transportation Impact Analysis Guidelines (July 2020). The CONSULTANT will document results of the VMT screening review in a memorandum.

Task 2.8. Traffic Management Plan (TMP)
Mark Thomas will prepare a Transportation Management Plan (TMP) designed to assist the City to minimize traffic impact, reduce congestion, and improve mobility and efficiency during construction with an emphasis on maintaining safety for workers and traveling public.

Task 2.9. Assessment Needs Reports
The Mark Thomas team will prepare assessment needs reports as needed for existing or planned City facilities and buildings that may include parks, ADA compliance checks, facility space planning and programming, storm drain pump stations, sewer lift stations, and structural adequacy.

TASK 2 DELIVERABLES
» Project Control, Aerial Photogrammetry, Topographic Base Map » Right of Way Mapping
» Utility Coordination, Mapping, Potholing and Tracking Matrix » Draft and Final Studies and Reports for Tasks 2.4-2.9 TASK 3. ENVIRONMENTAL COMPLIANCE & PERMITTING
Task 3.1. CEQA Clearance
On State or locally funded projects, the Mark Thomas team will prepare the necessary environmental document in compliance with the California Environmental Quality Act (CEQA). This includes the preparation of the Notice of Exemption for a Categorical Exemption (CE), Initial Study (IS) leading to a Negative Declaration (ND) or Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR). The City would be the lead agency reviewing and approving these documents.

Task 3.2. NEPA Clearance
On Federally funded projects, an environmental document would be prepared in conformance with the National Environmental Policy Act (NEPA), with Caltrans being the lead agency for NEPA approval. This would include the preparation of the Categorical Exclusion, (CE), Environmental Assessment (EA) leading to a Finding of No Significant Impact (FONSI) or an Environmental Impact Study (EIS).

Task 3.3. Technical Studies/Memorandums
Supporting technical studies will be prepared as necessary in support of the environmental document. Preparation of one draft and one final analyses/memorandum/report for each potential topic, as needed, are included below:
» Cultural Resources
» Paleontological Resources
» Biological Resources
» Jurisdictional Delineation
» VMT Analysis
» Noise and Vibration Impact Analysis
» Air Quality and Greenhouse Gas Emission Analysis
» Phase 1 Initial Site Assessment (ISA)

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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Task 3.4. Regulatory Permitting
Regulatory permitting applications will be prepared as necessary to support the task orders, including, but not limited to:
» United States Army Corps of Engineers (USACE) Section 404 Permit for the Clean Water Act (CWA) » Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification » California Department of Fish and Wildlife (CDFW) Code Section 1602 Streambed Alteration Notification TASK 3 DELIVERABLES:
» CEQA Environmental Documentation
» NEPA Environmental Documentation
» Draft & Final Technical Studies/Memorandums
» Regulatory Permitting
TASK 4. DESIGN SERVICES
Task 4.1. Project Plans
Mark Thomas will prepare plan submittals at the 35% conceptual level, 65%, 95%, and 100% completion levels. Consultant submittals to City and other applicable agencies or stakeholders shall be complete and shall include all necessary plans, special provisions, estimates, reports, and documents for PS&E approval. Projects within the Caltrans right of way will be designed fully to their standards.

Mark Thomas will track and respond to each plan check comment in a matrix to minimize the number of plan check cycles required to achieve approved plans. Plans will be prepared in Autocad Civil 3D and submittals will be made electronically in PDF format. A listing of plans that may be required include:
» Title/General Notes Sheets
» Construction Details
» Typical Cross Sections
» Plan and Profile
» Grading Plans
» Utility Composite Plans and Details
» Drainage Plan, Profiles and Details
» Construction Staging/Traffic Handling
» Sign and Striping Plans
» Traffic Signal/ITS Plans
» Street Light Plans
» Retaining Wall Plans
» Structure Plans
» Landscape and Irrigations Plans
Task 4.2. Special Provisions
Develop technical specifications as Special Provisions in conformance with American Public Works Association (APWA) Green Book format, including necessary Caltrans standards and specifications, and provide copies of required permits and reference standard plans/materials to be inserted into the City’s contract bid documents.

Task 4.3. Quantities & Cost Estimates
Provide a construction quantity take-off list broken down by sheet and an updated cost estimate for each plan check submittal and a final engineer’s estimate of the project cost. The quantity calculations will be clear as to where the specific items are located, i.e., reference to station/offset or other method. Source of cost information and justification of bid item unit prices will be provided.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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Task 4.4. Right of Way Engineering
A right of way requirements map will be prepared, as required, to identify any permanent or temporary right of way needs for the project. Preliminary Title Reports will be obtained, and legal descriptions and plats prepared identifying the area to be acquired. A Record of Survey will be prepared and files, as necessary.

TASK 4 DELIVERABLES:
» 35% Conceptual Plans
» PS&E submittals in PDF format at 65%, 95%, and 100% (Final) Submittals » Special Provisions in Word and PDF format at 65%, 95% and 100% (Final) Submittals » Quantity and Cost Estimates in Excel and PDF format at 65%, 95% and 100% (Final) Submittals » Response to Comments Matrix (PDF) at each submittal
» Right of Way requirements map
» Legal Descriptions and Plats
» Record of Survey
TASK 5. BID PHASE SERVICES
Task 5.1. Bid Phase Services
Mark Thomas will support the city through the bidding process, providing the following:
» Attendance at pre-bid meeting
» Respond to inquiries
» Assist in the preparation of contract addendums
» Review of submitted bid documents and provide recommendations on for award of construction contract TASK 5 DELIVERABLES:
» Responses to inquiries
» Contract addendums
» Recommendations for award
TASK 6. CONSTRUCTION PHASE SERVICES
Task 6.1. Meetings
Mark Thomas will attend the pre-construction meeting as well as other construction meetings and field reviews as necessary.

Task 6.2. Requests for Information (RFIs)
Provide clarification of contract documents and responses to contractor RFIs to the City’s construction manager. Plans or details will be revised as necessary.

Task 6.3. Shop Drawing/Submittal Review
Mark Thomas will review submittals and shop drawings as requested by the construction manager. The review of shop drawings shall include staging and traffic control, contractor’s submittals for substitutions, construction contractor’s alternative construction approval, and others as requested by the construction manager.

Task 6.4. Change Order Assistance
Consultant will review proposed change orders and make recommendations as requested by the Construction Manager.

This effort may include independent cost estimating and schedule impacts.

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CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES

MARK THOMAS

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Task 6.5. Construction Management Assistance (As Requested) If desired, Mark Thomas can provide an additional level of support of city or consultant construction management staff including inspection; reviewing contractor invoices, quantities and progress payments; project acceptance and punch list development; and project close out.

Task 6.6. As-Built Preparation
Mark Thomas will incorporate as-built revisions clouded and noted in the revision block using contractor’s record red lines.

It is assumed that the Contractor supplied red line drawings are a standalone document, clearly showing all field changes, with no references to RFIs or submittals.

TASK 6 DELIVERABLES:
» Responses to RFI, Shop Drawings and Submittals
» Plan Revisions, as necessary
» Recommendations on change orders
» As-Built Plans
TASK 7. FUNDING ASSISTANCE & ADMINSTRATION
Task 7.1. Grant Funding Preparation
Mark Thomas has in-house capabilities to identify, track and prepare grant funding applications to assist in securing outside funding for the City’s projects.

Task 7.1.1. Grant Funding Research
Mark Thomas will conduct research to identify grant resources including, federal, state, Metro, other regional agencies, and organizations at all levels, that target elements of the City’s CIP, funding needs, and priorities. The funding sources will be documented in a grant funding resource table that will include grant funding program, eligible components, dates of next funding opportunity, and success probability.

Task 7.1.2. Grant Proposal Development
Grant funding applications can vary widely based upon the various program requirements. In general, all applications will include the preparation of grant narratives, maps and exhibits, and letters of support, however, the length of narratives can change and not all funding programs require benefit cost analyses (BCAs). This scope will be developed depending on the particular grant being pursued.

Task 7.2. Grant Funding Administration
On State and Federally funded projects, Mark Thomas will prepare and coordinate the necessary documents for the advancement of the project through the phases of work, including Preliminary Engineering (PE), Right of Way (ROW), Utility (ROW/UTIL) and Construction (CON), as well as the obligation of funding through the California Transportation Commission (CTC). Tasks include the following:

Task 7.2.1. Right of Way Certification
The ROW certification will be prepared using the Short Form 13A when there is no ROW required or utility relocation other than the valve or MH adjustments. The form will be prepared and submitted to the City to sign and forward to Caltrans for each Grant. This includes coordination with Local Assistance. The City is responsible for the ROW Certification process which includes the approval process by Caltrans to be able to sign the document. Each funding program will have its own ROW certification
Task 7.2.2. Request for Authorization (RFA)
The RFA is required for each funding program. We will prepare the Form 3A for each funding program based upon information provided by the City. The RFA will require continual coordination with Caltrans to assure them the project is ready for construction and all applicable Federal requirements are included. Form 12-G to be completed by the City.

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DESIGN SERVICES

MARK THOMAS

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Task 7.2.3. CTC Request for Obligation
Prior to requesting funds, the City must apply for funding obligation from the California Transportation Commission (CTC). This includes coordination with Metro for signatures and funding availability. The CTC request form is provided in Caltrans Local Assistance Program Guidelines (LAPG) under Chapter 22.

Task 7.2.4. Reporting
Mark Thomas will assist in the preparation of invoices and requests for reimbursement as well as preparing award packages and final reports of expenditures.

TASK 7 DELIVERABLES (AS NEEDED):
» Listing of funding programs
» Funding Grant applications
» Right of Way Certification
» Request for Authorization
» Request for Obligation
TASK 8. ADDITIONAL SERVICES
Task 8.1. Plan Checking
Mark Thomas can provide inhouse plan checking services of capital improvements being prepared by developers or outside agencies such as Metro, San Gabriel Valley Council of Governments, etc. Reviews will include all aspects of the project including street improvements, grading, site improvements, stormwater quality compliance, review of supporting reports such as hydrology & hydraulics, traffic, lighting, utilities, as well as right of way documentation, including tract and parcel maps.

Task 8.2. Construction Management
Mark Thomas has the capability to provide full-service construction management services in support of your projects, including construction manager, resident engineer, inspector, and office engineer positions.

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CITY OF MONTEBELLO

ON-CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES

CONTRACT AGREEMENT

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DESIGN SERVICES

MARK THOMAS

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Mark Thomas has reviewed the City’s sample contract agreement. We have provided notes for the City’s review and consideration.
» Section 10 – Indemnification
– Request to change language as follows:
• Consultant hereby agrees to protectઌ indemnifyઌ but not defendઌ and hold the City and its employeesઌ and officers and servants free and harmless from any and all lossesઌ claimsઌ liensઌ demands and causes of action of every kind and character includingઌ but not limited toઌ the amounts of judgmentઌ interestsઌ court costsઌ legal feesઌ expert costsઌ expert fees and all other expenses incurred by the City to the maximum extent allowed by law arising in favor of any partyઌ including claimsઌ liensઌ debtsઌ personal injuriesઌ including employees of the Cityઌ death or damages to property (including property of the City) and without limitation by enumerationઌ all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder but only to the extent that any of the above are actually caused by the negligent performance of the work hereunderઌ except only such injury to persons or damage to property due or claimed to be due to the sole negligence of the City. This provision is not intended to create any cause of action in favor of any third party against Consultantઌ or the Cityઌ or to enlarge in any way the Consultant઒s liabilityઌ but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to third persons or property arising from Consultant઒s negligent performance hereunder. Consultant has no obligation to pay for any of the indemnitees' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. » Section 14 – Termination
– Request to change language as follows:
• A. The City may terminate this Agreement and any Engagement Letter awarded pursuant to this Agreement at any time without cause by giving thirty (30) calendar days written notice to Consultant of such termination and specifying the effective date thereof. The Consultant may terminate this Agreement at any time without cause by giving thirty (30) calendar days written notice to the City. If this Agreement or any Engagement Letter is terminated as provided hereinઌ Consultant shall be paid only the total amount equal to the service Consultant has providedઌ to the City઒s satisfactionઌ as determined solely by the Cityઌ as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in Engagement Letter or the value of services provided as of date of termination. » Section 15 – Resolution of Disputes
– Strike Section B from agreement (contains prevailing party language). » Section 27 – Court Costs
– Strike second paragraph from agreement (contains prevailing party language).

CONTRACT AGREEMENT

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ADDENDUM NO. 1

ON-CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
RFP 22-8

IN THE CITY OF MONTEBELLO, CALIFORNIA
This addendum forms a part of the Request for Proposals (RFP) for the above-mentioned RFP and modifies the original RFP Documents as noted below. Portions of the Documents, not specifically mentioned in the Addendum, remain in force.

Pre-Proposal Questions and Responses from the City:

Q1: Is there a total page limit?
A1: Section C of the RFP (page 8) includes a page limit for each section of the proposal which totals 62 pages, not including the documents described in Item IV “Other Documents.”
Q2: Do all sub-consultants need to be identified in this proposal? Or can other minor sub-consultants be added later on a per project basis? A2: The City has a variety of projects that may be assigned to one of the on-call consultants and the scope of work described in the RFP is intended to demonstrate the variety of roles and assignments that may be required on the consultant. However, this list is not all inclusive and specific tasks will be negotiated to meet project needs. Proposals should include major consultants that will help strengthen the responsiveness of the proposal. Minor subconsultants that are not listed in the proposal may be added for specific tasks to meet project needs and would be part of the scope and fee negotiation for specific tasks/projects.

Q3: Does the City want one set of rates that will be used for the entire 3 year contract? Or one set of rates for each year of the contract? A3: This is at the discretion of the Proposer. And, rates will be negotiated after the scoring of the proposals.

Q4: Can you please clarify that the response should be electronically submitted via PlanetBids in lieu of hard copies?
A4: Proposals must be submitted electronically using PlanetBids.

Page 721 of 1116 ends

Page 2 of 2 ends

Q5: The RFP states that the city intends to select up to four (4) most qualified consultants to establish a bench list for on-call services, do you plan on selecting 4 firms per category listed (1. Projects funded with State and Federal funds, 2. Miscellaneous Engineering Services, 3. Private Development Projects) or do you plan on selecting 4 firms to provide all services listed?
A5: The City reserves the right to select any number of consultants for the on-call bench list, up to a maximum of four (4).

Q6: Is there a contract maximum amount for each of the 4 firms selected for the on-call services? If so, what is the maximum contract amount for the 3 years?
A6: The City’s standard practice is to recommend award of an initial 3-year contract (with an option for two 1-year extensions) with an initial maximum aggregate value of $1.0 million. Individual tasks (Letters of Engagement) are awarded per project, with any single task valued over $50,000 requiring City Council approval. The tasks are individually negotiated for the scope required.

The aggregate amount for the contract will be increased as required during term of the contract.
_________________________________________
James Enriquez, P.E. Date
Director of Public Works
I ACKNOWLEGE RECEIPT OF ADDENDUM NO.1 AND ACCEPT THE
AFOREMENTIONED.
________________________ ______________________________ Date Print Name, Signature
5/26/2022
6/2/2022 Darin Johnson,

Page 722 of 1116 ends

San José • Carmel • Cupertino
Fresno • Inland Empire • Irvine
Lakewood • Oakland • Roseville
Sacramento • Walnut Creek
markthomas.com
IRVINE
2121 Alton Parkway, Suite 210
Irvine, CA 92606
(949) 477-9000

Page 723 of 1116 ends

Exhibit B
Sample Engagement Letter

Page 724 of 1116 ends

_________ __, 20__
__________________________
__________________________
__________________________
__________________________

ENGAGEMENT LETTER FOR CONSULTANT SERVICES
SUBJECT: ____________________________________
AGREEMENT NO. ___________
TASK NO. ______________
The purpose of this Engagement Letter is for the City of Montebello (the “City”) to engage __________________ (the “Consultant”) to provide construction management and inspection services pursuant to terms and conditions of the Master Retainer Agreement (Agreement No. _________) approved by the City Council on _____ __, 20__ and entered into by and between the City of Montebello and Consultant, in the manner set forth in Exhibit A, “Scope of Services” of the Master Retainer Agreement.

The Scope of Work to be completed pursuant to this Engagement Letter and the cost breakdown are set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall not exceed _______________________________ dollars ($________.__), without prior written approval. The charges and hourly rates shall not exceed those stated and in effect when the Master Retainer Agreement was approved on ____________ and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the Director of Public Works / City Engineer. Pursuant to Government Code 87300 et seq., Consultant has provided (for submittal to the City Clerk) a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Public Works Director pending issuance of a “Notice to Proceed.”

THE CITY OF MONTEBELLO
Recommended By:
[INSERT CONSULTANT NAME]
By:

Its:

Rene Bobadilla, P.E.

City Manager Date:

Page 725 of 1116 ends

Approved By:

City Attorney

Date:

Exhibits:

A. Scope of Work/Services under Engagement Letter and Cost Breakdown B. Master Agreement Fee Schedule

Page 726 of 1116 ends

Exhibit C
Fee Schedule

Page 727 of 1116 ends

Engineering Services Survey Services
Intern $47 ‐ $86 Survey Intern $59 ‐ $103
Technician $65 ‐ $130 Survey Technician $77 ‐ $120
Planner I $77 ‐ $110 Sr. Survey Technician $88 ‐ $172
Design Engineer I $91 ‐ $138 Surveyor $106 ‐ $155
Planner II $100 ‐ $130 Sr. Surveyor $121 ‐ $182
Sr. Technician $112 ‐ $172 Lead Survey Technician $118 ‐ $207 Design Engineer II $118 ‐ $161 Project Surveyor $147 ‐ $207 Project Engineer $139 ‐ $182 Sr. Project Surveyor $162 ‐ $224 Sr. Project Engineer $150 ‐ $216 Survey Manager $177 ‐ $258 Sr. Technical Engineer $150 ‐ $216 Sr. Survey Manager $203 ‐ $282 Project Manager $180 ‐ $244 Survey Division Manager $265 ‐ $378 Technical Lead $180 ‐ $244 ** Single Chief $144 ‐ $207
Sr. Project Manager $209 ‐ $313 ** Single Instrumentman $137 ‐ $182 Sr. Technical Lead $200 ‐ $313 ** Single Chainman $129 ‐ $179 Engineering Manager $265 ‐ $360 ** Apprentice $64 ‐ $152 Practice Area Leader $265 ‐ $360 ** 1 Person Field Crew $144 ‐ $207 Sr. Engineering Manager $295 ‐ $429 ** 2 Person Field Crew $273 ‐ $412 Principal $380 ‐ $478 ** 3 Person Field Crew $337 ‐ $591 Construction Management Services Project Support/Coordination Services Office Technician $59 ‐ $103 Project Assistant $65 ‐ $103 Office Engineer $103 ‐ $207 Technical Writer $62 ‐ $110 ** Asst. Resident Engineer $147 ‐ $283 Sr. Project Assistant $91 ‐ $130 ** Inspector ‐ CM $147 ‐ $283 Project Coordinator $88 ‐ $138 RE/Structural Representative $192 ‐ $343 Graphic Designer $94 ‐ $155 Project Manager ‐ CM $192 ‐ $310 Sr. Technical Writer $94 ‐ $169 Sr. Project Manager ‐ CM $206 ‐ $343 Project Accountant $94 ‐ $155 Area Manager ‐ CM $289 ‐ $447 Sr. Project Coordinator $118 ‐ $165 Division Manager ‐ CM $265 ‐ $343 Sr. Graphic Designer $106 ‐ $189 Sr. Project Accountant $147 ‐ $213
District Management Services Sr. Graphic Manager $133 ‐ $207 ** Inspector ‐ Apprentice $62 ‐ $100
** Inspector $91 ‐ $134 Urban Planning/Landscape Architecture Services ** Sr. Inspector $115 ‐ $158 Landscape Intern $44 ‐ $86 Assistant Sanitary Engineer $130 ‐ $175 Landscape Designer I $77 ‐ $110 Associate Sanitary Engineer $144 ‐ $207 Landscape Designer II $100 ‐ $130 Sanitary Project Engineer $144 ‐ $237 Landscape Architect $103 ‐ $189 Sr. Sanitary Project Engineer $183 ‐ $282 LAUD Project Manager $174 ‐ $237 Operations Manager $209 ‐ $313 Sr. LAUD Project Manager $206 ‐ $268 Deputy District Manager $259 ‐ $337 LAUD Division Manager $230 ‐ $271 District Manager‐Engineer $289 ‐ $357 Sr. LAUD Division Manager $242 ‐ $302 Grant Writing Services Special Services
Funding Specialist $140 - $148 Expert Witness $440 - $466 Sr. Funding Specialist $170 - $180 Strategic Consulting $440 - $466 Note: Additional Promotional Steps Exist within Various Rate Categories Reimbursables including, but not limited to:

Reproductions, Delivery and Filing Fees Cost Plus 5% Outside Consultant Fees Cost Plus 5% Mileage Per IRS Rate Survey Field Expenses Cost Plus 5%

EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2023*

HOURLY CHARGE RATE RANGES

OTHER DIRECT COSTS
*Rates subject to escalation with new hourly rate schedule as of July 1, 2023 **These charge rates are subject to Prevailing Wage laws and Union contract. PAGE 1 OF 1

RATE SCHEDULE (W)

Page 728 of 1116 ends

Rate Schedule
Labor Classification
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
2022 2023 2024 2025 2026
Principal $250 $258 $265 $273 $281
Principal Engineer $250 $258 $265 $273 $281
Project Manager $245 $252 $260 $268 $276
Project Engineer $221 $227 $234 $241 $248
Senior Construction Manager $205 $211 $217 $224 $231
Construction Manager $175 $180 $186 $191 $197
Senior Engineer $203 $209 $215 $221 $228
Senior Field Engineer / Inspector $170 $175 $180 $186 $191 Field Engineer / Inspector $155 $160 $164 $169 $174
Associate Engineer $155 $160 $164 $169 $174
Staff Engineer $140 $144 $148 $153 $157
Financial Analyst $128 $132 $136 $140 $144
Senior Designer / Senior CADD
Technician $110 $114 $117 $121 $124
Designer / CADD Technician $102 $105 $109 $112 $115
Assistant Engineer $101 $104 $107 $111 $114
Engineering Technician $93 $96 $99 $102 $105
Engineering Aide $79 $81 $84 $86 $89
Office Support $79 $81 $84 $86 $89
Data or Word Processing $77 $79 $81 $84 $86
AKM

Page 729 of 1116 ends

Staff
Year 1 Rate
(Fully Burdened Labor)
Year 2 Rate
at 3% Increase
Year 3 Rate
at 3% Increase
Principal-in-Charge $ 305.18 $ 314.34 $ 323.77
Senior Project Manager $ 228.89 $ 235.75 $ 242.83
Project Manager $ 190.74 $ 196.46 $ 202.36
Deputy Project Manager $ 165.31 $ 170.27 $ 175.38
Creative/Tech Lead $ 165.31 $ 170.27 $ 175.38
Senior Project Coordinator $ 139.88 $ 144.07 $ 148.39
Senior Creative/Tech Coordinator $ 139.88 $ 144.07 $ 148.39 Project Coordinator $ 101.73 $ 104.78 $ 107.92
Creative/Tech Coordinator $ 101.73 $ 104.78 $ 107.92
Assistant Project Coordinator $ 71.21 $ 73.35 $ 75.55
Arellano Associates Rate Schedule 2022

Page 730 of 1116 ends

90 rate sheet
Please see the following Fee Schedule for personnel assigned to projects for the City of Montebello.
• The above hourly rates are fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including, but not limited to: office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs.
• The proposed hourly rates are guaranteed for the duration of the contract. • The above rates apply to any additional services needed beyond the scope of work.

Job Title HOURLY (NOT TO EXCEED)
Principal Architect $160.00
Project Manager $150.00
Project Designer $125.00
Senior Designer $110.00
Senior Technical $100.00
Draftsman/AutoCAD Operator $95.00
Other Technical Staff $85.00
Structural Engineer $150.00
Mechanical Engineer $160.00
Electrical Engineer $160.00
“Other” Sub-Consultant $150.00
Clerical Staff $80.00
Prints $0.50/s.f.

Black O’Dowd and Associates, Inc.

DBA BOA ARCHITECTURE
1511 Cota Avenue
Long Beach, CA 90813
Ph: 562-912-7900
Point-of-Contact:

Edward Lok Ng, President
[email protected]
City of montebello

Page 731 of 1116 ends

400 E Rincon St, Ste 202
Corona, CA 92879
Land Surveying – Pricing Proposal
Billing Rates
Project Classification/Title Straight Time Overtime
Principal In Charge $ 201.59 N/A
LS Project Manager $ 210.32 N/A
Survey Tech $ 134.39 $ 201.59
Certified Party Chief 1 $ 167.48 $ 251.22
Certified Party Chief 2 $ 154.04 $ 231.06
Party Chief $ 148.53 $ 222.80
Chainman $ 137.83 $ 206.75
Chainman App Step 1 $ 57.90 $ 86.85
Chainman App Step 2 $ 67.55 $ 101.33
Chainman App Step 3 $ 77.20 $ 115.80
Chainman App Step 4 $ 86.94 $ 130.41
Chainman App Step 5 $ 95.10 $ 142.65
Chainman App Step 6 $ 103.37 $ 155.06
Chainman App Step 7 $ 110.26 $ 165.39
We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.

Thank you for your consideration of this proposal. If you have any questions or would like additional information, please contact us at (909) 484-4200.

CL SURVEYING AND MAPPING, INC.

Lam Le LS 8231
DIR: 1000007166 Exp. 06/30/22
DBE 38284
President

Page 732 of 1116 ends

17800 Newhope Street, Suite B, Fountain Valley, California 92708  Tel: (714) 751-3826  Fax: (714) 751-3928 EARTH MECHANICS, INC.

SCHEDULE OF FEES
June 2022 – June 2023
Classification Hourly Billing Rate
Principals $300
Principal Engineers/Geologists $300
Senior Engineers/Geologists $225
Senior Project Engineers/Geologists $193
Project Engineers/Geologists $175
Senior Staff Engineers/Geologists $159
Staff Engineers/Geologists $133
Senior Technicians* $154
Technicians* $77
Administrative Assistants* $129
* Non-exempt staff subject to overtime pay per California law.

Reimbursable Expenses
Auto mileage is invoiced at IRS rate per mile. Other travel-related expenses, shipping, reproduction, express mails, supplies and other reimbursable expenses will be invoiced at cost.

Subcontractors
Consultants and other outside services will be invoiced at cost.

Page 733 of 1116 ends

Firm: GPA Consulting
Classification
Principal Environmental Planner $ 219.59 (min) $ 334.93 (max) Principal Architectural Historian $ 219.59 (min) $ 334.93 (max) Senior Associate Environmental Planner $ 159.69 (min) $ 249.12 (max) Senior Associate Architectural Historian $ 159.69 (min) $ 221.44 (max) Senior Associate Biologist $ 159.69 (min) $ 221.44 (max) Senior Environmental Planner $ 119.25 (min) $ 179.92 (max) Senior Architectural Historian $ 119.25 (min) $ 179.92 (max) Senior Biologist $ 119.25 (min) $ 179.92 (max)
Senior GIS Analyst $ 119.25 (min) $ 179.92 (max)
Associate Architectural Historian $ 97.27 (min) $ 119.25 (max) Associate Biologist $ 97.27 (min) $ 119.25 (max)
Associate Environmental Planner $ 97.27 (min) $ 119.25 (max) Environmental Planner $ 59.87 (min) $ 97.27 (max)
Biologist $ 59.87 (min) $ 97.27 (max)
Architectural Historian, II $ 59.87 (min) $ 97.27 (max) Architectural Historian, I $ 58.13 (min) $ 72.66 (max)
Project Coordinator $ 86.78 (min) $ 119.25 (max)
Intern $ 55.36 (min) $ 58.13 (max)
Other Direct Costs to be billed At Costs
Postage/Delivery
Reproduction/Materials and Outside Copies
Travel (Airfare, Hotel, Rental Car)
Public Outreach Exhibits
Record Search
Permit/Filing Fees
Subconsultants
Mileage Costs - Billed as IRS Allowable
Fully Loaded Salary Rates
(Min - Max)

Page 734 of 1116 ends

Standard Fee Schedule
LIN Consulting, Inc.

Standard Fee Schedule for Year 2022 – June 30, 2023

STAFF LEVEL HOURLY RATE
Principal $ 215
Senior Project Manager $ 205
Project Manager $ 195
Senior Engineer $ 185
Assistant Project Manager $ 170
Project Engineer $ 145
Assistant Engineer $ 120
Technical Support $ 100
Administrative Support $ 65
The above rates are effective to June 30, 2023. After the date specified, the labor rates may be adjusted to compensate for labor adjustments and other increases in labor costs.

The cost of printing, mileage, mailing and other expenses incidental to the performance of the services are not included in the hourly rates of above listed hourly rate schedule.

Page 735 of 1116 ends

MONUMENT RIGHT-OF-WAY
2022 HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Program Manager / Principal $250.00 per hour
Senior Project Manager $180.00 per hour
Senior Utility Project Manager $180.00 per hour
ROW Project Manager / Utility Project Manager $155.00 per hour Utility Coordinator $105.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $125.00 per hour
Acquisition Agent / Relocation Agent $105.00 per hour
Project Coordinator / Researcher $90.00 per hour
Project Support / Administrative
Professional Staff $80.00 per hour
Project Support Specialist $70.00 per hour
The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).

In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees.

If required, these types of services will be invoiced at two times the regular hourly rates.

In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.

Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.

Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.

Page 736 of 1116 ends

RATE SCHEDULE WORKSHEET
SOLICITATION NO. 22-8

TITLE OF SOLICITATION
City of Montebello On-Call Architectural and Engineering Design Services

NAME OF OFFEROR
TATSUMI AND PARTNERS, INC.

HOME OFFICE ADDRESS
49 DISCOVERY, SUITE 120, IRVINE, CA 92618

POINT OF CONTACT
NAME: BEVERLY KAWAMOTO
PHONE/EMAIL: 949-453-9901/[email protected]

EMPLOYEE NAME CLASSIFICATION
2022 FULLY

LOADED RATE
David Tatsumi Senior Principal $288.42
Michael Aceves Senior Associate $177.91
Sambath Ork Senior Technical Staff $132.83
Jimmy Ogata Senior Designer $132.83
Weywantheawy Kang Technical Staff III $117.65
Kenton Quinn Technical Staff III $113.09
Alexa Miranda Flores Technical Staff I $92.60
Guadalupe Rodriguez Technical Staff I $92.60

REIMBURSABLES
GPS Tree Location Equipment As Needed: Rate/Day $123.91 Mileage 500 miles @ .585/mile $292.50

Page 737 of 1116 ends

W. G. ZIMMERMAN ENGINEERING, INC.
7812Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
City of Montebello | On-Call Architectural and Engineering Design Services Standard Hourly Rate Sheet
Classification Rate
Principal $ 240.00/Hr
Registered Traffic Engineer $ 240.00/Hr
Senior Project Manager (Registered) $ 236.00/Hr
Project Manager (Registered) $ 215.00/Hr
Senior Project Engineer (Registered) $ 209.00/Hr
Project Engineer $ 175.00/Hr
Senior Associate Engineer $ 155.00/Hr
Senior Design Engineer $ 148.00/Hr
Design Engineer $ 143.00/Hr
CADD Manager/Senior Designer $ 148.00/Hr
Microstation CADD/Technician $ 148.00/Hr
Administration/Office Support $ 99.00/Hr
Non-Labor Expenses
Mileage (local) Federal Rate¢ per Mile
Printing Cost plus 5%
Reproduction (Blue lines) Cost plus 5%
Other Expenses (such as sub-consultants,
outside services or special equipment needs) Cost plus 5% *The above rates will be held for the duration of the contract.

Page 738 of 1116 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/21/2022
Asero Insurance Services
200 N. Almaden Blvd. 3rd Floor
San Jose, CA 95110 866-966-8928 408-271-1802
www.aseroins.com License No. 0A91339 Valley Forge Insurance Company 20508 Continental Casualty Company 20443
Continental Insurance Company 35289
National Fire Insurance Co of Hartford 20478
A 6078951385 9/15/2021 9/15/2022 1,000,000
1,000,000
✓
15,000
✓
1,000,000
Deductible - None
2,000,000
✓ 2,000,000
B 6078951371 9/15/2021 9/15/2022 1,000,000
✓
✓ ✓
Comp/Coll Ded: $1,000
C ✓ ✓ 6078951399 9/15/2021 9/15/2022 9,000,000
9,000,000
0 Deductible - None
D 6078951418 9/15/2021 9/15/2022 ✓
1,000,000
1,000,000
1,000,000
A Leased,Borrowed Or Rented 6078951385 9/15/2021 9/15/2022 Per Item Limit: $200,000 Equipment Per Occurrence Limit: $200,000
A Restoration of Media Coverage 6078951385 9/15/2021 9/15/2022 Limit/ Deductible: $1,000,000/$5,000 Joe Longwello
Asero Insurance Services
[email protected]
(Valuable Papers)
Mark Thomas & Company, Inc.
2833 Junction Avenue, Ste 110
San Jose CA 95134
69389413
✓ ✓
✓ ✓
✓
Re: Montebello – As-Needed Services; Agreement No. 3999 Job #22-000179
City of Montebello
1600 W. Beverly Blvd
Montebello CA 90640
Job #22-000179
City of Montebello, named as additional insured
The Workers Compensation / Employers Liability Deductible is none. 69389413 | MARKT-1 | 21-22 Master COI | Clare Scimeca | 7/21/2022 9:16:25 AM (PDT) | Page 1 of 8

Page 739 of 1116 ends

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Commercial General Liability Blanket Additional Insured - Owners, Lessees Or Contractors - With Products-Completed Operations Coverage Endorsement and Primary and Noncontributory Insurance as required by written contract per attached form CNA75079XX (10-16).

Commercial General Liability Waiver Of Transfer Of Rights Of Recovery Against Others To The Insurer Endorsement as required by written contract per attached form CNA75008XX (10-16).

Commercial Auto Liability Additional Insured - Primary And Non-Contributory as required by written contract per attached form CNA71527XX (Ed. 10/12).

Commercial Auto Liability Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) as required by written contract per attached form CA 04 44 10 13.

Workers' Compensation Blanket Waiver Of Our Right To Recover From Others as required by written contract per attached form G-19160-B (Ed. 11/97). *Subject To Policies Terms, Conditions, and Exclusions
MARKT-1
Asero Insurance Services Mark Thomas & Company, Inc.
2833 Junction Avenue, Ste 110
San Jose CA 95134
25 Certificate of Liability (03/16)

ATTACHMENT
HOLDER:

ADDRESS:

Page 740 of 1116 ends

Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16) Policy No: 6078951385

Page 1 of 2 ends

Effective Date:

Insured Name: MARK THOMAS & COMPANY, INC.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
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Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16) Policy No: 6078951385

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Effective Date:

Insured Name: MARK THOMAS & COMPANY, INC.

Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.

However, if the written contract requires this insurance to be primary and non-contributory, this paragraph

3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
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Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
CNA75008XX (10-16) Policy No: 6078951385

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Insured Name: MARK THOMAS & COMPANY, INC.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organizations with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement:

1. Is in effect or becomes effective during the term
of this policy; and

2. Was executed prior to loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:

With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard.

All other terms and conditions of the Policy remain unchanged.

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CNA71527XX
(Ed. 10/12)
CNA71527XX (10/12) Policy No: 6078951371

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Insured Name: MARK THOMAS & COMPANY, INC.

ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Persons Or Organizations
“Any person or organization that you are required by written contract to make an additional insured under this insurance is an "insured", but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an "insured" for Liability Coverage under Section II – Who Is An Insured of this Coverage Form.”

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the Policy remain unchanged.

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POLICY NUMBER: 6078951371 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: MARK THOMAS & COMPANY, INC.

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement:

1. Is in effect or becomes effective during the term
of this policy; and

2. Was executed prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
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G-19160-B
(Ed. 11/97)
G-19160-B Page 1 of 1
(Ed. 11/97)
Insured Name: MARK THOMAS & COMPANY, INC.

Policy No: 6078951418
WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One Workers’ Compensation Insurance G. Recovery From Others and Part Two Employers’ Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

PREMIUM CHARGE
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/26/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Doris A. Chambers (510) 272-1499 [email protected] License#: 6003745 XL Specialty Insurance Co. 37885 MARKTHOMA Mark Thomas & Company, Inc.
2833 Junction Avenue, Suite 110
San Jose CA 95134
1882124837
A Professional Liability
& Contractor's
Pollution Liability
DPR9994490 7/1/2022 7/1/2023 $1,000,000 Per Claim
$1,000,000 Annl Aggr
REF: 22-000179 - Montebello – As-Needed Services; Agreement No. 3999 - Notice of Cancellation: It is understood and agreed that in the event of cancellation of the policy for any reason other than nonpayment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non payment of premium, 10 days written notice will be sent to the above. 30 Day NOC/10 Day for NonPay of Prem
City of Montebello
1600 W. Beverly Blvd
Montebello CA 90640

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ITEM # 20

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: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4000 WITH H.W.

LOCHNER, INC. FOR ON-CALL ARCHITECTURAL AND

ENGINEERING DESIGN SERVICES
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4000 between the City of Montebello and H.W. Lochner, Inc., formerly known as KOA Corporation, for a One (1) Year Extension; and

2. Authorize the City Manager to execute the Amendment on behalf of the City; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

H.W. Lochner, Inc. (formerly known as KOA Corporation) currently provides citywide oncall architectural and engineering design services to the City of Montebello on an asneeded basis. Staff is recommending the approval and execution of Amendment No. 1 to Agreement No. 4000 (Attachment A), which would extend the term of the agreement by one (1) additional year, through June 30, 2026. The master agreement's total not-toexceed amount will remain unchanged at Two Million Dollars ($2,000,000).

The agreement is administered by the Department of Public Works and is supported through a combination of funding sources, including Measure R, Measure M, Proposition A, Proposition C, and Gas Tax.

H.W. Lochner, Inc. is currently providing engineering support for several active Capital Improvement Projects (CIPs), including the new traffic signal on Whittier Boulevard and

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025

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6th Street, the Olympic Boulevard Feasibility Study, the Plaza Drive Pavement Rehabilitation Project, and Design of three traffic signals at the intersections of Beverly Boulevard and Maple Avenue, Whittier Boulevard and Garfield Avenue, and Whittier Boulevard and Montebello Boulevard — per the First Mile Last Mile Plan. These complex, multiphase projects require continuity in professional services to ensure successful completion. Extending the agreement will enable Lochner to provide ongoing technical support and project management assistance necessary to close out these and other key infrastructure initiatives.

BACKGROUND/DISCUSSION:

On July 1, 2022, the City of Montebello entered into Agreement No. 4000 with KOA Corporation to provide professional on-call engineering services. In December 2022, KOA was acquired by H.W. Lochner, Inc. (Attachment C). As such, all contracts pertaining to KOA Corporation are now under the purview of H.W. Lochner, Inc.

Agreement No. 4000 was the result of a formal competitive selection process conducted through Request for Proposals (RFP) No. 22-8, which sought qualified consultants to support the City’s CIPs. The original agreement was structured as a three-year term, expiring on June 30, 2025, with the option to extend the contract for up to two (2) additional one-year terms at the City’s discretion.

Since the agreement’s inception, H.W. Lochner, Inc. has consistently delivered highquality engineering services to the City on an as-needed basis. Their scope of services has included, but is not limited to, civil and structural design, plan review, traffic engineering, cost estimating, and project management support. Notably, the firm has played a significant role in several key CIP projects, such as the Traffic Signal Design for Whittier Boulevard and 6th Street and various citywide infrastructure improvements.

Given their ongoing involvement and familiarity with the City’s processes, procedures, and project history, the continuity of H.W. Lochner, Inc.’s services is critical to the timely and successful completion of these efforts.

In light of their performance and the continuing need for their services, City staff recommend exercising the first one-year extension option as outlined in Section 1 of Agreement No. 4000 (Attachment B). Approval of Amendment No. 1 will formally extend the agreement's term through June 30, 2026, under the existing terms and conditions.

This extension will ensure that the City retains experienced and capable engineering support as it advances on-going CIPs.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025

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SUMMARY:

Staff recommends that the City extend the term of Professional Services Agreement No. 4000 through June 30, 2026 by approving Amendment No. 1; and authorize the City Manager to execute Amendment No. 1 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Amendment No 1 to Agreement No. 4000

2. Attachment B - KOA Corporation Agr. 4000

3. Attachment C - Aquisition Letter

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CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4000
WITH H.W. LOCHNER, INC.

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 11th day of June 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and H.W. Lochner, Inc., (hereinafter referred to as the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Contractor and the City entered into that certain Agreement No. 4000 for On-Call Architectural and Engineering Design Services by and between the City of Montebello and KOA Corporation, dated July 1, 2022 ("Agreement"), pursuant to which City retained Contractor to provide On-Call Architectural and Engineering Design Services, as further described in the Agreement; and
WHEREAS, KOA Corporation was acquired by H.W. Lochner, Inc. as of December 20, 2022.

WHEREAS, the City awarded the Agreement to the Contractor based on their qualification, subsequent to a competitive selection process.

WHEREAS, The Agreement at Section 1.TERM provides, this Agreement may be extended for up to two (2) additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS TO AGREEMENT NO. 4000
SECTION 1. “Term.” The Parties hereby acknowledge the exercise of Section 1.

Term of Professional Services Agreement No. 4000, Amendment No. 1 which allows for the extension of the Agreement for an additional one (1) year. The original termination/expiration date of the Agreement, as set on June 30, 2025, is hereby extended, and the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions outlines in the Agreement, demonstrating the City’s Attachment A

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AMENDMENT NO. 1 TO AGREEMENT NO. 4000

Page 2 of 3 ends

commitment to the continued provisions of On-Call Architectural and Engineering Design Services by H.W. Lochner, Inc.

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. [END OF AMENDMENT NO. 1]

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AMENDMENT NO. 1 TO AGREEMENT NO. 4000

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO H.W. LOCHNER, Inc.

Raul Alvarez, City Manager Giuseppe Canzonieri, P.E.

Principal, Southern CA Design Lead
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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Attachment B

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H.W. Lochner, Inc. | 225 West Washington Street | 12th Floor | Chicago, IL 60606 T 312.372.7346 hwlochner.com F 312.372.8208

MEMORANDUM
Date: October 10, 2023
To: To Whom It May Concern
From: Jim Doyna, Chief Financial Officer, Chief Operating Officer Re: KOA Corporation
On December 20, 2022, H.W. Lochner, Inc., a Wisconsin corporation (Lochner), acquired all of the outstanding shares of KOA Corporation. The company now operates as a wholly owned subsidiary of Lochner under the KOA Corporation name and with the same FEIN.

This change in ownership structure does not impact day-to-day operations. KOA’s qualifications, licensing, registrations, insurance, and other criteria necessary for performing work remain in place.

Lochner was founded in 1944 and has 1000 professionals providing planning, environmental, design, construction engineering and inspection, right-of-way, and drainage services for surface transportation, aviation, and water clients across the United States.

If you have any questions please reach out to Min Zhou, Vice President, Regional Sales and Business Development Manager at [email protected], or for additional inquiries or information, my email address is [email protected].

Jim Doyna
Lochner CFO & COO
Attachment C

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ITEM # 21

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: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3861 WITH

GRAPHIC ELECTRIC
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3861 between the City of Montebello and Graphic Electric for a One (1) Year Extension; and

2. Authorize the City Manager to execute the Amendment on behalf of the City; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Graphic Electric performs citywide on-call electric services on an as-needed basis. The annual not-to-exceed amount of this agreement is $70,000. Staff is requesting the execution of Amendment No. 2 (Attachment A) to extend the term of the agreement by one (1) year — through June 30, 2026. The annual not-to-exceed amount will remain at $70,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division and Transit budgets. Funding for these services is included in the proposed Fiscal Year 2025-26 budget.

BACKGROUND/DISCUSSION:

On March 9, 2021, the City executed an agreement with Graphic Electric for on-call electric services for an annual not-to-exceed amount of $45,000. On April 24, 2024, the City executed Amendment No. 1 of the Agreement, increasing the total not-to-exceed threshold to $70,000.

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025

Page 2 of 2 ends

For the past four years, Graphic Electric has provided citywide electric services to City facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the second one-year term extension option under SECTION 2. Term of Agreement No. 3861 (Attachment C). Amendment No. 2 to the agreement will extend the term through June 30, 2026.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the extension of Professional Services Agreement No. 3861 for Graphic Electric through June 30, 2026 and authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Amendment No 2 to Agreement 3861

2. Attachment B - Agreement No. 3861 - Graphic Electric, Inc. - Amendment 1

3. Attachment C - Agreement No. 3861 - Graphic Electric, Inc.

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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3861
WITH GRAPHIC ELECTRIC, INC.

This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 10th day of June 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and GRAPHIC ELECTRIC, INC., (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3861 by and between City of Montebello and Graphic Electric, Inc. for On-Call Electrical Services, dated March 9, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Electrical Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process; and WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3861 with Graphic Electric, Inc. (“First Amendment”), increasing the annual not-to-exceed amount from $45,000 to $70,000 for the Professional Services set forth in the agreement and exercised a one-year (1) extension of the agreement’s term; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

AMENDMENTS
SECTION 1. “Term.” The Parties hereby agree to exercise the second of two additional one-year extension terms pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions

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AMENDMENT NO. 2 TO AGREEMENT NO. 3861

Page 2 of 3 ends

outlined in the Agreement, demonstrating the City's commitment to the continued provision of On-Call Electrical Services by Graphic Electric, Inc.

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. [END OF AMENDMENT NO. 2]
[SIGNATURES ON THE FOLLOWING PAGES]

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AMENDMENT NO. 2 TO AGREEMENT NO. 3861

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO GRAPHIC ELECTRIC, INC.

Raul Alvarez, City Manager S Chase Navarro, Vice President ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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Attachment B

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Attachment C

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ITEM # 22

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: APPROVE AMENDMENT NO.2 TO AGREEMENT NO. 3871 WITH JAIRO’S PLUMBING INC. TO PROVIDE CITYWIDE AS-NEEDED

PLUMBING SERVICES
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3871 between the City of Montebello and Jairo’s Plumbing Inc. for a One (1) Year Extension to provide citywide as-needed plumbing services; and

2. Authorize the City Manager to execute the Amendment on behalf of the City;

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Jairo’s Plumbing Inc. performs citywide on-call plumbing services on an as-needed basis.

The annual not-to-exceed amount of this agreement is $45,000. Staff is requesting the execution of Amendment No. 2 (Attachment A) to extend the term of the agreement by one (1) year — through June 30, 2026. The annual not-to-exceed amount will remain at $45,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division and Transit budgets. Funding for these services will be included in the proposed Fiscal Year 2025-26 budget. There is no budget amendment action needed for FY 2024-25.

BACKGROUND/DISCUSSION:

On July 14, 2021, the City entered an agreement with Jairo’s Plumbing Inc. for on-call plumbing services for an annual not-to-exceed amount of $45,000. On June 12, 2024,

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the City executed Amendment No. 1, extending the term of the contract by an additional year.

For the past four years, Jairo’s Plumbing Inc. has provided citywide plumbing services for city facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the second one-year term extension option under SECTION 2. Term of Agreement No. 3871 (Attachment C). Amendment No. 2 to the agreement will extend the term through June 30, 2026.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the extension of Professional Services Agreement No. 3871 for Jairo's Plumbing through June 30, 2026 and authorize the City Manager to execute Amendment No. 2 (Attachment A). Funding for these services will be included in the proposed FY 2025-26 budget.

ATTACHMENT(S)

1. Attachment A - Amendment No 2 to Agreement No. 3871

2. Attachment B - Agreement No. 3871 - Jairo's Plumbing, Inc - Amendment 1

3. Attachment C - Agreement No. 3871 - Jairos Plumbing

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Attachment A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3871
WITH JAIRO’S PLUMBING, INC.

This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 11th day of June 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and JAIRO’S PLUMBING, INC., (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3871 with by and between City of Montebello and JAIRO’S PLUMBING, INC. for On-Call Plumbing Services, dated July 14, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Plumbing Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process; and WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3871 with JAIRO’S PLUMBING, INC. (“First Amendment”), exercising a one-year (1) extension of the agreement’s term; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

AMENDMENTS
SECTION 1. “Term.” The Parties hereby agree to exercise the second of two one-year optional extensions pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement shall now terminate on June 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of OnCall Plumbing Services by JAIRO’S PLUMBING, INC.

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AMENDMENT NO. 2 TO AGREEMENT NO. 3871

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AMENDMENT NO. 2 TO AGREEMENT NO. 3871

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO JAIRO’S PLUMBING, INC.

Raul Alvarez, City Manager Jairo Zabaleta
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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Attachment B

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Attachment C

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ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Director
SUBJECT: ADOPT RESOLUTION NO. 25-39 APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF MONTEBELLO

AND THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (LACMTA) FOR THE MEASURE R –
20% BUS OPERATION PROGRAM
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 25-39 approving a Memorandum of Understanding (MOU) between the City of Montebello and the Los Angeles County Metropolitan Transportation Authority (LACMTA) to continue Montebello Bus Lines’ (MBL) participation in the Measure R – 20% Bus Operation Program (BOP) effective July 1, 2025 through June 30, 2035; and

2. Authorize the City Manager to execute the MOU on the City’s behalf; and

3. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

There is no current fiscal impact to approve a MOU between the City and LACMTA to continue MBL’s participation in the Measure R – 20% BOP. Reimbursements will be credited to the Transportation Department’s revenue account annually until Fiscal Year 2034–2035. Estimates of this revenue source are received from Metro and used in the development of proposed budgets. The Fiscal Year 2025-26 proposed budget will include projected Measure R revenue.

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BACKGROUND/DISCUSSION:

On November 4, 2008, the Los Angeles County electorate approved Measure R, a ballot initiative that authorized a one-half cent sales tax to fund transportation improvements across the county. Measure R was effective July 1, 2009, and is administered by LACMTA. Under Measure R, 20% of the total sales tax revenue collected annually is allocated specifically to bus operations. These funds are intended to assist eligible public transit operators maintain and operate bus services within Los Angeles County. MBL qualifies as an eligible municipal operator and receives a proportional share of these funds based on criteria established by LACMTA.

The allocation and use of Measure R 20% BOP funds are governed by formal agreements executed between LACMTA and each participating agency. The proposed MOU outlines the terms by which the City will receive, manage, and utilize its share of allocated funds (Attachment A). In addition, the MOU incorporates compliance and reporting requirements consistent with LACMTA’s guidelines for the program.

These funds are used to support the day-to-day operations of MBL’s transit services, including labor costs, fuel, maintenance, and other eligible operating expenses. Staff recommend that the City Council consider approving the MOU between the City and LACMTA to formalize MBL’s participation in the Measure R 20% BOP. By approving the MOU, the City will continue participating in the Measure R 20% BOP and receive funds to support transit operations through June 30, 2035
ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend that the City Council adopt Resolution No. 25-39 approving an MOU between the City and LACMTA (Attachment B), to continue MBL’s participation in the BOP effective July 1, 2025, through June 30, 2035; authorize the City Manager to execute the MOU on the City’s behalf; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – MOU: Measure R – 20% Bus Operation Program

2. Attachment B – Resolution No. 25-39

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1 MOU# MEASR26MON

MEMORANDUM OF UNDERSTANDING

TO ALLOCATE
MEASURE R 20% BUS OPERATION FUNDS
This Memorandum of Understanding ("MOU") is entered into as of July 1, 2025, by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Montebello ("GRANTEE").

WHEREAS, on November 4, 2008, the voters of the County of Los Angeles approved Measure R, an ordinance establishing a one-half percent sales tax (the “FUNDS”) for better public transportation and quality of life purposes; and
WHEREAS, the LACMTA, is the agency responsible for administering the tax; and WHEREAS, LACMTA and GRANTEE desire to agree to the terms and conditions of the grant of FUNDS from the Measure R 20% Bus Operation Program ("Program").

NOW THEREFORE, in consideration of the mutual term and conditions contained herein, LACMTA and GRANTEE hereby agree as follows:

ARTICLE 1 - TERM

1.1. This MOU will be in effect from July 1, 2025, through June 30, 2035, unless terminated earlier as provided herein.

ARTICLE 2 – ALLOCATION OF MEASURE R FUNDS AND INVOICE PROCEDURE

2.1. Each fiscal year, to the extent the FUNDS are available, LACMTA staff, in coordination with the Eligible/Included Operators, will develop funding marks for the Program to be funded that fiscal year (the "Annual Funding Marks"). The Annual Funding Marks will describe GRANTEE's share of the FUNDS for the Program that fiscal year. GRANTEE shall have the opportunity to review and comment on the applicable Annual Funding Marks prior to LACMTA staff submitting the Annual Funding Marks to the LACMTA Board for approval.

2.2. For each fiscal year covered by this MOU, GRANTEE hereby directs LACMTA to allocate to GRANTEE its share of the Program FUNDS pursuant to the applicable Annual Funding Marks for that fiscal year as approved by the MTA Board. If LACMTA staff, in coordination with the Eligible/Included Operators, develops a mid-year reallocation of any Annual Funding Marks for the Program that is approved by the LACMTA Board, GRANTEE hereby directs and authorizes LACMTA to make such mid-year adjustments to its Annual Funding Marks, as approved by the LACMTA Board, if applicable.

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2 2.3. Each fiscal year, GRANTEE shall send LACMTA one invoice for an amount intended to be used during the year consistent with the amount shown on the applicable Annual Funding Marks. LACMTA shall not be obligated to forward the Program FUNDS to GRANTEE until it receives an invoice, and the annual Improvement Plan as described in the GUIDELINES as defined in Section 3.1 below. LACMTA shall make payments to GRANTEE in equal 1/12 portion of GRANTEE’s annual allocation on a monthly basis, unless otherwise agreed to in writing by the parties. Program FUNDS may be reserved or carried over in accordance with Article 3.3.

ARTICLE 3 - USE OF FUNDS

3.1. GRANTEE shall utilize the Program FUNDS in accordance with the LACMTA Measure R 20% Bus Operations Guidelines (the "GUIDELINES") and the annual Improvement Plan.

3.2. GRANTEE shall not use the Program FUNDS to substitute for any other funds, service, or project except as otherwise specifically provided for herein or in the GUIDELINES.

3.3. GRANTEE may use, reserve or carry-over its allocation to the next fiscal year; however the Program FUNDS will be held by LACMTA until requested by the GRANTEE. Program FUNDS will retain their original year of allocation for the purpose of applying the lapsing requirement set forth in the GUIDELINES.

ARTICLE 4 – AUDIT AND REPORTING REQUIREMENTS

4.1. Grantee shall meet its audit obligations set forth in the GUIDELINES. Each fiscal year, LACMTA or its designee shall have the right to conduct its own financial and compliance audit(s) of the Program. GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with conditions defined by this MOU. GRANTEE shall maintain financial records for three (3) years after the end of the fiscal year within which the Program FUNDS were dispersed. LACMTA may audit as provided herein up to three years after the end of the fiscal year within which the Program FUNDS were dispersed. If the audit indicates that GRANTEE did not expend all the FUNDS received during the fiscal year, such unexpended FUNDS must be returned to LACMTA within 60 days of the completion of the financial and compliance audit(s). Such unexpended FUNDS will be treated as carryover FUNDS and held by LACMTA on behalf of GRANTEE for a period of two years. LACMTA will work with the GRANTEE to address any carry-over fund balance.

4.2. GRANTEE shall comply with all Federal National Transit Database reporting requirements and shall annually submit a completed copy of said report to LACMTA.

4.3. By January 31st of each year, the GRANTEE shall submit to the LACMTA a completed TPM form.

4.4. By December 31st of each year, the GRANTEE shall submit to the LACMTA an annual financial audit report which identifies the use of the Program FUNDS for transit operations

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3 purposes as outlined in the GUIDELINES.

4.5 GRANTEE will provide an annual report to LACMTA describing how uses of the Program FUNDS are contributing to accomplishing the Program objectives. LACMTA will compile GRANTEE’s annual report into a regional annual Measure R 20% Program update for the LACMTA Board. The Program FUNDS may be used to supplement existing state, federal and local transit funds in order to maintain the provision of the existing transit services in the the event of a current or projected funding shortfall.

ARTICLE 5 - MISCELLANEOUS

5.1. Each grant given pursuant to an Annual Funding Mark shall be subject to the terms and conditions agreed to herein and in the GUIDELINES. Notwithstanding the term of this MOU, each grant does not imply nor obligate any future funding commitment on the part of the LACMTA.

5.2. GRANTEE understands and agrees that in programming the Program FUNDS and entering into this MOU, LACMTA is acting pursuant to its statutory authority and shall have no liability in connection with the use of these Program FUNDS for public transit purposes.

GRANTEE shall fully indemnify, defend and hold the LACMTA, its directors, officers, employees and agents harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, legal fees and any claims for damages of any nature whatsoever arising out of (i) breach of GRANTEE's obligations under this MOU; (ii) use of the Program FUNDS by GRANTEE or its officers, agents, employees or subcontractors; (iii) any act or omission of the GRANTEE or its officers, agents, employees or subcontractors in the performance and/or provision of the services funded under the Program.

5.3. GRANTEE agrees to comply with all applicable local, state and federal laws and regulations in the provision of public transit services and any services funded under the Program.

Grantee shall comply with the GUIDELINES.

5.4. The LACMTA reserves the right to terminate this MOU and withhold the Program FUNDS if it is determined that the GRANTEE has not complied with all the terms and conditions contained herein or in the GUIDELINES. Any withholding of Program FUNDS or termination of the MOU is subject to the 2/3 vote of LACMTA Board.

5.5. No amendment or modification to this MOU shall be binding upon either party unless such amendment or modification is in writing duly executed by both parties. This MOU shall not be amended or modified by any acts or conduct of the parties.

5.6. GRANTEE is not a contractor, agent or employee of the LACMTA. GRANTEE shall not represent itself as a contractor, agent or employee of the LACMTA and shall have no power to bind the LACMTA in contract or otherwise.

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4 5.7. This MOU constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be duly executed as of the dates below with all the formalities required by law.

CITY OF MONTEBELLO LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION

AUTHORITY
BY: BY:

Raul Alvarez Stephanie N. Wiggins
City Manager Chief Executive Officer
Date: Date:

Approved As To Form: APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: By:

Date: Date:

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RESOLUTION NO. 25-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING WITH THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY FOR MEASURE R
20% BUS OPERATION PROGRAM

RECITALS
WHEREAS, the City of Montebello operates Montebello Bus Lines (MBL) and is committed to providing affordable transportation options to its residents; and WHEREAS, on November 4, 2008, the County of Los Angeles voters approved Measure R, an ordinance establishing a one-half percent sales tax for better public transportation and quality of life; and
WHEREAS, this Memorandum of Understanding (MOU) is in effect from July 1, 2025, through June 30, 2035; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority (LACMTA) is the agency responsible for administering these funds; and WHEREAS, the City of Montebello and LACMTA have prepared a MOU detailing the terms and conditions for participation in the Measure R 20% Bus Operation Program

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: The City Council of the City of Montebello hereby approves the MOU with the LACMTA for participation in the Measure R 20% Bus Operation Program, effective July 1, 2025.

SECTION 2: The City Manager of the City of Montebello is authorized to execute the MOU on behalf of the City, and to take all necessary actions to implement and administer the terms of the agreement.

SECTION 4: the City Council further directs the Transportation Department to keep accurate records of all reimbursements received under the Measure R 20% Bus Operation Program and to cooperate with any audits conducted by LACMTA.

APPROVED AND ADOPTED THIS 11TH DAY OF JUNE 2025.

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RESOLUTION NO. 25-39

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_______________________________
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-39 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 11th day of June 2025 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

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ITEM # 24

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Director
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4105 WITH KAT

CONSULTING SERVICES LLC, TO PROVIDE FEDERAL GRANT

WRITING AND CONSULTING SERVICES
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 4105 with KAT Consulting Services LLC (KAT Consulting), for an additional one-year (1-year) term and increase the total not-to-exceed amount from $49,900 to $69,400, to provide federal grant writing and consulting services for Montebello Bus Lines’ (MBL); and

2. Authorize the City Manager to execute Amendment No. 2 on behalf of the City of Montebello (City); and

3. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The total cost to provide federal grant writing and consulting services for a 1-year term is $19,500. Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year 2025-26 proposed operating budget: Transit Administration expense, Account No. 600-90-900-6040.95 (Contract Services – Other Professional Services). The recommended action does not require an amendments to the FY 2024- 24 adopted budget.

BACKGROUND/DISCUSSION:

On May 10, 2023, the City conducted an informal bid process to identify qualified vendors to provide Montebello Bus Lines (MBL) with transit grant management and training

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services. Four (4) quotes were received from Blais and Associates, Evan Brooks Associates, Global Urban Strategies Inc., and Kimberly Ann Turner Consulting Services.

An Evaluation Committee composed of three (3) Transportation Department staff independently reviewed and scored the proposals based on the scope of work and cost.

Kimberly Ann Turner Consulting Services submitted the most comprehensive proposal, clearly demonstrating the experience, credibility, and value required to fulfill the City’s federal transit funding and compliance needs.

Following the evaluation process, the City executed Agreement No. 4105 with Kimberly Ann Turner Consulting Services for a total not-to-exceed amount of $30,000 (Attachment A). On May 30, 2024, Amendment No. 1 to Agreement No. 4105 with KAT Consulting, formerly known as Kimberly Ann Turner Consulting Services, was executed to extend the agreement term from May 22, 2024, to May 21, 2025, and to increase the total not-toexceed amount from $30,000 to $49,900. Through Amendment No.1, KAT Consulting continued providing federal grant management support, staff training and development, and compliance assistance related to FTA funding requirements.

Since 2023, the City has worked with KAT Consulting to provide a variety of consulting services including, but not limited to, grant writing, staff training and development, and federal funding and compliance assistance. The firm provides specialized expertise in federal compliance, which has been instrumental in preparing the City’s Disadvantaged Business Enterprise (DBE) Program, Equal Employment Opportunity (EEO) Program, Title VI Program, and the upcoming Federal Transit Administration (FTA) Triennial Review. Staff recommend that the City Council consider extending the agreement for an additional 1-year term and increase the total not-to-exceed amount by $19,500, to continue receiving these crucial services (Attachment B). KAT Consulting’s technical expertise has enhanced MBL’s administrative capacity and has supported long-term compliance with FTA’s oversight and compliance guidelines.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend that the City Council approve Amendment No. 2 to Agreement No. 4105 with KAT Consulting (Attachment C) for an additional 1-year term and increase the total not-to-exceed amount from $49,900 to $69,400, to provide federal grant writing and consulting services for MBL; authorize the City Manager to execute Amendment No. 2 on the City’s behalf; and take such additional, related, action that may be desirable. Funding for these services will be included in the Fiscal Year 2025-26 proposed budget.

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ATTACHMENT(S)

1. Attachment A – Agreement No. 4105 with KAT Consulting Services

2. Attachment B – KAT Consulting Services Letter of Intent

3. Attachment C – Proposed Amendment No. 2 to Agreement No. 4105

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ATTACHMENT A

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1 KIMBERLY ANN TURNER

KAT CONSULTING SERVICES LLC
8139 SUNSET AVE, #254
FAIR OAKS, CA 95628

MONTEBELLO BUS LINES (MBL)

SCOPE OF SERVICES & COST PROPOSAL
Submitted: April 21, 2025
CONSULTANT’S GOAL
This proposal will build upon the successful work completed with Montebello Bus Lines (MBL) over the past two years and provide expert industry knowledge and best practices for effective grants management through the remainder of 2025. In working with MBL, I will continue to maintain and advance fiscal sustainability and ensure full grant compliance with federal, state, and regional grant funding agencies, while promoting professional development and training to support MBL’s high-performing workforce.

ON-CALL SCOPE OF SERVICES
The following scope of services are listed in Tasks 1 and 2 as on-call services based on MBL’s pre-award and post-award grant management needs. Tasks and deliverables are not necessarily listed in priority order but will be performed based on MBL’s direction and schedule. Services will be performed on an ongoing basis and only those tasks performed will be reimbursed.

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2 TASK 1 - GRANTS MANAGEMENT, PLANNING, & DEVELOPMENT

1. Pre-Award Grants Management - Conduct pre-award activities and ensure compliance with federal, state, and local agencies grant policies and procedures, as follows:
• Programming in federal and state Transportation Improvement Plan (TIP) • Environmental Clearance Requirements
• Grant Application review, development, and supporting documentation. • Submission of grant applications in TrAMS (or other grant making system) and preparation of Federal Financial Reports.
• Federal Master Agreement/Certs and Assurances and State Mandates • Capital Project Budget Planning, Development, and Analysis. • Operating Budget Planning, Development, and Analysis
• Cash Management and Financial Management
• Project Management Plan
• Fleet Management Plans (Contingency and Disposition Plans) • Transit Asset Management

2. Post-Award Grants Management - Conduct post-award activities for existing grants and funding to ensure compliance with federal, state, and local grant requirements:
• Grants management & project management oversight, including budget revisions, amendments, milestone progress reports, federal financial reports, and grant closeout in TrAMS grant making system.
• Civil Rights Compliance: Disadvantaged Business Enterprise (DBE), Equal Employment Opportunity (EEO), and Title VI
• Oversight support for contract/procurements for federal/state compliance. • Recommend prioritization strategies for project tracking and monitoring to ensure milestones are achieved for on-time completion of projects. • Monitor and make recommendations for Procurement and Third-Party Contracting Compliance Procedures
TASK 2 – PROFESSIONAL DEVELOPMENT AND TRAINING
• Performance review and analysis of current procedures and make recommendations to management.
• Conduct training in grant management procedures.
• Grants Management Standard Operating Procedures (Update as needed)

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3 DELIVERABLES
Deliverable Description
Task #1 Deliverables
• Grants Pre-Award and Post-Award Documents in TrAMS or other grant application document.
• Review and Recommendations for Procurement Compliance Plans
• Civil Rights Compliance Documents: DBE, EEO, and Title VI Task #2 Deliverables
Training and technical assistance.

Standard Operating Procedures Training

TIMELINE FOR EXECUTION
Work shall commence on the date of contract execution and conclude as specified, unless amended and conclude December 31, 2025.

ON-SITE VISITS
Consulting services will be provided on-site as needed based upon a mutually agreed upon schedule. Travel costs are not included in the cost proposal and will not be billed separately.

PRICING

The following table provides an estimate of the pricing for delivery of the services outlined above.

The hours needed may vary based upon the number and complexity of the agency’s grants and funding programs. Tasks may be adjusted based upon the agency’s needs. The hourly rate is the fully loaded cost rate that includes $100/base $30/overhead for total of $130 per hour.

Scope of Services by Task Price
Task #1 – Pre-Award and Post Award Grant Administration and Management 140 hours x $130/Hr (All Costs Included) $18,200
Task #2 - Professional Development and Training
10 Hours x $130/Hr (All Costs Included) $ 1,300
Total for 150 Hours x $130/Hr (Total Not to Exceed) $19,500

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4 CONCLUSION
Agencies must have effective grants management practices to sustain financial health. Ms. Turner is excited about this opportunity and will provide her expertise in grants management strategies to ensure compliance and continued success. Thank you for your consideration.

X
Kimberly A. Turner
Principal Consultant/Owner

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ATTACHMENT C

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 4105

WITH KAT CONSULTING SERVICES
This Amendment No. 2 to PROFESSIONAL SERVICES AGREEMENT No. 4105 (“Amendment No. 2”) is made and entered into as of the 11th day of June 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and KAT CONSULTING SERVICES LLC (the “CONSULTANT”).

The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY and CONSULTANT are Parties to that certain Agreement No. 4105 to provide grant writing and administration consulting services for the CITY’s Transportation Department on an as-needed basis with an “Effective Date” of May 22, 2023 (“Agreement”), pursuant to which CITY contracted with CONSULTANT to provide services as defined in the Agreement; and
WHEREAS, On May 30, 2024, Amendment No. 1 to Professional Services Agreement No. 4105 was executed to extend the agreement term and increase the notto-exceed amount, covering the period from May 22, 2024, to May 21, 2025; and WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement to extend services for an additional one (1) year term on the conditions set forth in the Agreement and as provided herein; and
WHEREAS, the Parties also desire to amend the scope of work of the Agreement given that the CONSULTANT’s original scope of work contained goals that have been completed and the nature of the work being on an as-needed basis (hereinafter, the “Revised Scope of Work”); and

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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 4105

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WHEREAS, due to the anticipated extension of the term of services and the Revised Scope of Work, an amendment to Compensation (as defined below) is also required.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 2, the Parties hereto agree to extend the term of Agreement from May 22, 2025, to May 21, 2026; unless such time is further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO THE SCOPE OF WORK. Through this Amendment No. 2, the Parties hereto agree to amend the scope of work to the Agreement. The Revised Scope of Work is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4: AMENDMENT TO COMPENSATION. Through this Amendment No. 2, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional one (1) year follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 2 shall not exceed the to not exceed amount of Sixty-nine thousand four hundred dollars ($69,400). Such sum shall include all amounts payable to CONSULTANT for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. CITY shall pay CONSULTANT upon thirty (30) days of receipt of invoice and full acceptance of product and services by the CITY. Said compensation of the Amendment No. 2 shall cover all expenses, losses, damages, and consequences arising out of the nature of 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 aforesaid Agreement; and also include those arising

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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 4105

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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 risk of any description connected with the work.”
SECTION 5: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Agreement No. 4105 to provide grant writing and administration consulting services for the CITY’s Transportation Department on an as-needed basis as of the day and year first above written.
(the “CITY”) (the “CONSULTANT”)

CITY OF MONTEBELLO KAT CONSULTING SERVICES LLC
By: By:

Raul Alvarez, City Manager Kimberly Ann Turner, Owner

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney

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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 4105

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ATTACHMENTS:

Exhibit “A” – Consultant’s Scope of Services and Cost Proposal

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ITEM # 25

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Director
SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS, NO. 25-11 FOR

METROLINK RAIL FEEDER SHUTTLE SERVICE
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve issuing Request for Proposal (RFP) No. 25- 11 (RFP No. 25-11) for Metrolink Rail Feeder Shuttle Service; and

2. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

There is no fiscal impact to issue RFP No. 25-11 for Metrolink Rail Feeder Shuttle Service (Attachment A). Once a vendor is selected for the award, the City Council may be requested to consider approving an agreement and amend the Transportation Department’s Fiscal Year 2025-26 adopted operating budget as needed to appropriate funds. Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for this service.

BACKGROUND/DISCUSSION:

The City of Montebello is soliciting proposals from qualified vendors to provide Metrolink Rail Feeder Shuttle Services. Known as the Montebello LINK Program, this service aims to bridge the first mile/last mile (FMLM) gap between the Montebello/Commerce Metrolink Station (located at 2000 West Flotilla Street), and local employment centers during the morning and evening peak hour commute. This service will provide five (5) inservice vehicles to service the five (5) semi-fixed routes for each arriving and departing Metrolink train. The morning shuttles will transport commuters along the semi-fixed

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025

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routes, from the Metrolink Station to employment centers in Bell, Commerce, Montebello, Monterey Park, Pico Rivera, and Rosemead. The evening shuttles will return passengers along the same semi-fixed routes, from their workplace to the Metrolink Station.

The goal of RFP No. 25-11 is to provide a FMLM connection to existing transit infrastructure, expand access to transportation, and reduce vehicle emissions and traffic congestion. Staff recommend that the City Council approve issuing RFP No. 25-11, to solicit proposals from qualified vendors to assist Montebello Bus Lines (MBL) with Metrolink Rail Feeder Shuttle Service.

A selection process will be used to evaluate proposals based on various qualitative components and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, quality of proposed personnel, qualifications and experience, and technical approach. MBL is particularly interested in a vendor that possesses the experience required to provide superior customer service and deliver objective and measurable results.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend that the City Council approve issuing RFP No. 25 –11, attached hereto in substantial form (Attachment A), for Metrolink Rail Feeder Shuttle Service; and direct staff to take such additional related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A: RFP No. 25-11

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ATTACHMENT A
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 25-11

METROLINK RAIL FEEDER SHUTTLE SERVICE
June 12, 2025

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home

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RFP No. 25-11
Montebello Bus Lines

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 3
COVER LETTER 4-6
TIMETABLE & SCHEDULE OF EVENTS 7
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8-9
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-18
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-27
SECTION 5 - QUALIFICATIONS 27-28
SECTION 6 - FORM OF CONTRACT (DRAFT) 28-38

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RFP No. 25-11
Montebello Bus Lines
SECTION 7 - FORMS AND CERTIFICATIONS 39-
41 Letter of Transmittal

EXHIBITS 42-56
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subvendor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter of Credit Certificate Exhibit K – Bank Draft
Appendices 58
Appendix A: Cost Proposal 59-60
Appendix B: Metrolink Train Service Schedule 61-62
Appendix C: Annual Service Miles and Passenger Count

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RFP No. 25-11
Montebello Bus Lines 3

INTRODUCTION
The City of Montebello, Department of Transportation, commonly known as Montebello Bus Lines (MBL), is seeking a qualified vendor to provide its Montebello Metrolink Rail Feeder Shuttle Services (Montebello Link) to and from the Montebello/Commerce Metrolink Station located at 2000 West Flotilla Street in the City of Montebello. The scope of work is to utilize five vehicles to transport Metrolink passengers during the morning and evening peak commute hours.

The city operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 1.8 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.

In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective proposals received.

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RFP No. 25-11
Montebello Bus Lines 4
DATE: June 12, 2025
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 25-11
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

METROLINK RAIL FEEDER SHUTTLE SERVICE
The City of Montebello(City), Department of Transportation, commonly known as Montebello Bus Lines (MBL), is seeking a qualified vendor to provide its Montebello Metrolink Rail Feeder Shuttle Services (Montebello Link) to and from the Montebello/Commerce Metrolink Station located at 2000 West Flotilla Street in the City of Montebello. The scope of work is to utilize five vehicles to transport Metrolink passengers during the morning and evening peak commute hours.

The selected vendor will also be responsible for providing Montebello Link shuttle services to bridge the commute gap from the Montebello/Commerce Metrolink station to local areas of employment. The vendor shall coordinate, manage, and control all necessary program activities that shall include providing vehicle operations, vehicle maintenance and operating personnel; providing driver and other personnel training; developing administrative procedures, performance statistics, and financial records; and developing methods to maximize service efficiency. The vendor shall not enter into an agreement with any other party for use of equipment or personnel dedicated to this service without the written approval of the City.

All service vehicles must carry valid licenses and/or permits that allow them to operate in Los Angeles County. The City will contract for operational services with payment made at a fixed rate per scheduled vehicle service hour, less any missed service. The Vendor shall provide a high quality, customer serviceoriented shuttle operation. The city will monitor the service closely to ensure that all contractual responsibilities are met. Additionally, the selected vendor shall abide by and obey all applicable Federal, State, and City laws, and must also fully comply with all provisions of the Federal Americans with Disabilities Act requirements.

The term of the proposed agreement shall be a three-year (3-year) term, with the option to extend for an additional two (2), one-year (1-year) terms, commencing upon the date of execution between the City and the successful Vendor.

A Pre-Proposal Meeting will be held on Tuesday June 26, 2025. The meeting will convene at 3:00pm Pacific Standard Time in the Transportation Administration Building located at 400 South Taylor Avenue, Montebello, CA.

It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be

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RFP No. 25-11
Montebello Bus Lines 5
only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).

Name: Yessica Carrasco-Garcia
Title: Management Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.1345
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally inperson will not receive a response.

Proposals must be received by 3:00pm Pacific Standard Time, on Thursday, July 17, 2025, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

All proposals must contain an original signature by an authorized officer of the company.

The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.

The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.

Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on MBL’s Civil Rights Program, and the procedures to file a complaint, contact:

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RFP No. 25-11
Montebello Bus Lines 6
Name: John Soria
Title: Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625, ext. 1315
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov

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RFP No. 25-11
Montebello Bus Lines 7
TIMETABLE & SCHEDULE OF EVENTS (30-90 Days)
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 12, 2025
Pre-Proposal Meeting Thursday June 26, 2025 at 3:00 PM PST Deadline to Submit Questions Thursday July 3, 2025, at 3:00 PM PST Responses to Questions Provided Thursday July 10, 2025
Deadline to Submit Proposals Thursday July 17, 2025, at 3:00 PM PST Presentations & Intent to Award August/September

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subvendor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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RFP No. 25-11
Montebello Bus Lines 8
SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, July 17, 2025.

All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.

Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.

Proposals shall be typed, single-spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and proposers’ references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.

All requests for exceptions or deviations because of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.

Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non-responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.

Proposal documents shall be deemed to include by reference each and every one of the following:

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

EXAMINATION OF PROPOSAL DOCUMENTS

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RFP No. 25-11
Montebello Bus Lines 9
By submitting a proposal, proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the proposers’ own risk. A proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a proposer to have read all the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a proposer require clarifications of this RFP, the proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.

All questions, clarifications or comments must be submitted to or no later than 3:00 pm, Thursday, July 3, 2025. No questions will be answered individually by the City or Transportation Departments.

Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.

Every attempt will be made to provide responses to all proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

Requests for clarifications and questions should be formatted in the following manner:

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

DISCREPANCIES AND MISUNDERSTANDINGS
Proposing companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No proposing company shall at

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RFP No. 25-11
Montebello Bus Lines 10
any time, after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.

WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.

REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.

At the discretion of the Evaluation Committee, the City may elect to perform site visits at the proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the proposer’s implementation and performance.

PROPOSAL SIGNATURES
If an individual makes the proposal, it shall be signed, and the full name and address of the proposer shall be given.

If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.

If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by proposer in:
· Preparing the proposal in response to this request.
· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.

CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:

1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:

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Montebello Bus Lines 11
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

6. Waive any errors or informalities in any proposal, to the extent permitted by law.

STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.

The City shall not in any way be liable or responsible for the disclosure if required to do so by law.

JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub vendor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

COMPANY PERSONNEL
It shall be the burden of the successful proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful proposer’s personnel shall always conduct themselves in a professional manner to all City employees. Rude or discourteous behavior by the successful proposer will not be tolerated and the offense can be justification for termination of contract. All sub-vendors of successful proposer shall abide by all the requirements set forth in this section.

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Montebello Bus Lines 12

SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.

PROTEST PROCEDURES
All protests must be filed in accordance with the following:

1. The protest must be in writing and identify the solicitation (RFP) number.

2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.

3. The party’s standing to protest must be identified.

4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.

5. A statement of the relief requested.

Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.

All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.

INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful proposer.

TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related professional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful vendor (the “Vendor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Vendor and MBL.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.

A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600

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RFP No. 25-11
Montebello Bus Lines 13
West Beverly Boulevard, Montebello, CA 90640. Payment will be made within thirty (30) days after acceptance and approval of invoice.

CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.

Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Vendor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Vendor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to affect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Vendor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

In the event the Vendor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The vendor shall be liable for all costs incurred by MBL because of such default.

SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.

PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Vendor provide complete services of the type prescribed. Any items omitted from such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Vendor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or

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(f) Issue subsequent RFPs.

An Evaluation Committee comprised of MBL staff, in accordance with the proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

The City may negotiate contract terms with the selected proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any proposer.

No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.

POINT OF CONTACT
This RFP is issued by the City, and the Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Montebello Transportation Department
Attention: Yessica Carrasco-Garcia
Management Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 1345
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com

EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.

An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.

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MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the proposer can meet the insurance requirements in the RFP should be attached to proposal.
• Proposer has demonstrated evidence of good standing. If the proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the proposer is operating under a fictitious name or trade name, provide evidence that the proposer has filed for and/or registered the fictitious name with the county where the proposer’s business is located.

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the twostep process. Qualitative considerations will be reviewed and scored first without attention to the price.

The committee will then present the cost and price proposals and evaluate and score them accordingly.

During the qualitative evaluation, the committee, at its sole discretion, may contact any or all the proposers with specific questions or requests for clarification. After both the qualitative and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

The committee may ask the proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the proposer’s knowledge of the standards outlined in the Scope of Work. 20 points
2 Proposed Project Team 10 points

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Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of shuttle services.
3 Qualifications and Experience
Demonstrate experience with shuttle services of the same or similar magnitude.

Presentation of a catalog of shuttle services experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.

Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting. 30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points

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SECTION 3 - OTHER REQUIREMENTS

LICENSING AND PERMITS
The Vendor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.

LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Vendor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.

Whenever assessed, MBL and PROPOSER/LESSOR agree that in case the item or equipment embraced in this Proposal shall not have been completed due to the failure of the PROPOSER/LESSOR, MBL should recover said sum or sums of money, equal to the cost of engineering, inspection of work, and any additional and other expenses incurred from the PROPOSER/LESSOR, from the surety or from both. The amount of these deductions shall be assessed as liquidated damages, and are not to be considered penalties. For administrative purposes, $100 per-hour “not to exceed $1,200 per-day,” for every day beyond the specified date, as extended, shall be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above mentioned method.

BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 10% of the bid price.

In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.

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Performance Guarantee
A Performance Guarantee in the amount of 40% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.

The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Vendor to increase the amount of the existing bond or to obtain an additional bond.

If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor is in default under the Contract.

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SECTION 4 – SCOPE OF WORK

BACKGROUND
The City of Montebello, Department of Transportation, commonly known as Montebello Bus Lines (MBL), is seeking a qualified vendor to provide its Montebello Metrolink Rail Feeder Shuttle Services (Montebello Link) to and from the Montebello/Commerce Metrolink Station located at 2000 West Flotilla Street in the City of Montebello.

The selected vendor will supply five vehicles to transport Metrolink passengers during the morning and evening peak commute hours. Please see Appendix B for Metrolink arrival and departure times.

PROJECT OVERVIEW
The goal of the Montebello Link shuttle service is to bridge the commute gap from the Montebello/Commerce Metrolink station to local areas of employment. The Montebello Link will:

A. Provide convenient semi-fixed rail feeder service for the designated trains as identified in Appendix B;
B. Include dedicated rail feeder service which will wait for the trains; C. Provide a Guaranteed Ride Service back to passengers’ original Metrolink departure station should the shuttle miss the last train of the evening; and D. Provide Customer Relations services to include: reservation taking, customer comment processing, real-time assistance for changing reservations, etc.

Proposals which demonstrate the commitment to operating a high quality, cost-effective and customeroriented service will be evaluated most favorably by the City. The City will closely monitor the operation of the shuttle service and will work closely with the selected Proposer to ensure that a high quality product will be delivered.

PROJECT DESCRIPTION
Service schedules are provided in Appendix B. Annual service miles, hours, and passenger counts are provided in Appendix C.

A. Service Area Characteristics and Route Description
The Montebello Link will provide five semi-fixed routes with five in-service vehicles for each designated train. The morning shuttles will take passengers from the Metrolink station along the semi-fixed route close to their employment sites. The evening shuttles will return passengers from the same semi-fixed routes to the Metrolink station.

B. Span of Service/Frequency/Vehicle requirement
The Montebello Link operates Monday through Friday approximately from 3:54am to 7:00am and 4:30pm to 8:00pm; the route will operate with five in-service vehicles and one spare vehicle.

C. Holidays
The Montebello Link will not operate on the Holidays designated by Metrolink. It is the Proposer’s responsibility to notify passengers at least one (1) week in advance of changes in service.

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VENDOR’S RESPONSIBILITIES
The City of Montebello, Department of Transportation (“City”) will contract with the successful bidder (“Vendor”). The Proposer shall coordinate, manage, and control all necessary program activities that shall include: providing vehicle operations, vehicle maintenance and operating personnel; providing driver and other personnel training; developing administrative procedures, performance statistics, and financial records; and developing methods to maximize service efficiency.

The Proposer shall not enter into an agreement with any other party for use of equipment or personnel dedicated to this service without the written approval of the City. All service vehicles must carry valid licenses and/or permits that allow them to operate in Los Angeles County. The City will contract for operational services with payment made at a fixed rate per scheduled vehicle service hour, less any missed service.

The Proposer shall provide a high quality; customer service oriented shuttle operation. The City will monitor the service closely to ensure that all contractual responsibilities are met.

The selected Proposer shall abide by and obey all applicable Federal, State, and City laws. The selected Proposer must also fully comply with all provisions of the Federal Americans with Disabilities Act requirements.

PROJECT PLAN AND STAFFING PLAN
Proposer shall provide a plan in the proposal that describes in detail the performance and function of all key personnel. An essential component of this plan should be a list of positions necessary to support the provision of the service, including project manager, front line supervision, dispatchers, operations manager, drivers, pertinent maintenance management, and any other key personnel.

Proposer shall also provide a plan in the proposal that describes all supervisory tasks and requirements necessary for the project including road supervision, dispatching, schedule adherence checks, complaint investigation and response, report writing, and training. In addition, the plan should include a list of all positions necessary to meet those requirements and the percentage of time each position will be devoted to each task. If personnel are shared between various City and non-City projects, this plan shall include a list of all positions for each project, the percentage of time each person is assigned to each project, and the shuttle service hours of each project.

Since field supervision is so critical to the overall efficiency of the Montebello Link service, Proposers must include in their proposals a minimum of one (1) field supervisor. Field supervisors must be dedicated to this service and must be available for the entire span of service. Proposers must submit a detailed plan regarding the duties and responsibilities of the field supervisors. This should not reduce the number of other necessary supervisory staff and functions, i.e., dispatching. The information provided will be used to compare proposals in terms of resources dedicated in the technical approach/work plan.

Upon awarding the contract and during the term of the contract, the Proposer shall be responsible for notifying the City regarding any changes in proposed personnel duties or hours that deviate from the original proposal. The City reserves the right to approve any changes in the proposed personnel duties or hours per this project.

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PERSONNEL
The Proposer shall be solely responsible for maintaining an adequate quality labor force, and for the satisfactory work performance of all employees as described by this RFP or any reasonable performance standard established by the City.

The Proposer shall be solely responsible for payment of all employees’ wages and benefits and subProposers’ cost. Without any additional expense to the City, the Proposer shall comply with the requirements of employee liability, worker’s compensation, employment insurance and Social Security.

The Proposer shall hold the City harmless from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices. The City shall have the right to demand removal from the project, for reasonable cause (to be determined by the City), of any personnel furnished by the Proposer. The City must be notified in writing of new hires or reassignments of project personnel. The City reserves the right to approve any changes in the Proposer’s proposed key project staff.

PROJECT MANAGER
The Proposer shall designate a Project Manager, who will oversee the proper operation of the service. It is required that this person be identified and his/her resume included in the Proposer’s proposal. The City reserves the right to approve any change of the Project Manager for this service. The Project Manager will provide both front line supervision and management of the project’s accounts and operating records.

A. Project Management shall include but is not limited to the following:

1. Proposer shall be responsible for collection of acceptable National Transit Database (NTD) data and other pertinent ridership information. The Proposer shall submit monthly and annual NTD based reports to the City.

2. Maintenance of projects accounts.

3. Preparation of a monthly invoice that will document all charges minus any possible penalties, missed or incomplete service.

4. Responsibility for any operational problems and/or passenger complaints and accurately reporting these problems to the City within three (3) business days or sooner, if required.

B. Front line supervision shall include but is not limited to the following duties:

1. Training and scheduling of all regularly assigned project personnel;

2. Arranging the assignment of quality back-up personnel whenever necessary;

3. Distribution and collection of operating reports.

4. Daily monitoring of ridership.

5. Supervision of all project staff to ensure that the quality of the services meets or exceeds the requirements of this RFP and the proposal.

VEHICLE DRIVERS
Vehicle drivers will work on a schedule that ensures a consistent and overall high quality of service.

Vehicle drivers must have a valid California driver’s license and endorsements of the appropriate class and Medical Examination Certificate, if required, as well as any other certificates required by applicable federal, state and local regulations.

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The Proposer shall conduct pre-employment DMV checks of all personnel including independent or sub-contracted employees hired for service, and shall check DMV records at least every twelve (12) months for accidents, vehicle code violations, and valid driver’s licenses of its employees whose job requires them to operate vehicles for this project. This information shall be made available for the review by the City upon request. It is the responsibility of the Proposer that driver’s licenses and appropriate certificates are always current.

While performing their duties on the route, vehicle drivers must maintain a clean and neat appearance and must be in a uniform that displays the driver’s name or identification number. The City has the right to approve or reject of the drivers’ uniform to be used for this RFP. Maintenance and replacement of uniforms remains the Proposer’s responsibility.

TRAINING
The Proposer shall provide a program of driver training in vehicle operation, safety, passenger relations, ADA requirements, route and schedule orientation, and on-time performance prior to permitting any driver to operate any vehicle in service. The Proposer shall also provide an on- going safety program to ensure a safe operating environment. Vehicle drivers must be trained in all operational procedures relating to the system.

Training must place significant emphasis on techniques for dealing with the public in a helpful and courteous manner to achieve the maximum level of customer service. Due to the importance of customer relations training for drivers, Proposers must provide a detailed description of their driver training program, including customer service training. The Proposer shall describe how it will maintain a driver sensitivity and empathy-training program directed towards the needs of disabled passengers in compliance with the Americans with Disabilities Act (ADA). The Proposer shall also describe its training and communication program for dealing with passenger disturbances. The amount of time dedicated to each aspect of the Proposer’s drivers training program should also be discussed.

The Proposer shall be required to have an on-going driver training program. The training will include various topics including the areas of defensive and safe driving, emergency crisis management, understanding work expectations, and other relevant topics. The Proposer shall be required to pre-plan a training schedule on an annual basis. A written training schedule with specific topics and objectives will be submitted to the City upon request. The Proposers may also be required to hold training that may be pertinent to the issue at the time.

SERVICE VEHICLES
Service vehicles should be 21 passenger vans or equivalent and ADA compliant with wheelchair accessibility. Alternative fuel vehicles are preferred but not required. Vehicles used for this service must meet all air quality regulatory requirements set by the California Air Resource Board and the South Coast Air Quality Management District (SCAQMD) for current standards. Vehicles that require the use of diesel fuel will not be considered.

Service vehicles must be of a solid white exterior color, display the Montebello Link design and the Proposer’s name as approved by the City prior to beginning service operation. Any changes or modifications to the exterior design must be approved by the City in advance.

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The Proposer will be responsible to ensure that all vehicle warranty work is performed in accordance with the warranty conditions, if applicable. When not in service, all vehicles will be stored in a secure area. The number of vehicles to be provided in this project is five (5) plus one (1) spare.

The Proposer shall maintain all in-service and spare vehicles provided as part of this project.

COMMUNICATION SYSTEM
The Proposer shall provide a radio communication system in each service vehicle that will allow for the timely and efficient dispatching, coordination, and responding to necessary service calls. The system may be of the Proposer’s choice, but must include the necessary performance elements of the system.

VEHICLE CONDITION
The Proposer shall maintain all vehicles and vehicle equipment in excellent working condition both operationally and in appearance.

APPLICABLE CODES AND REGULATIONS
All vehicles required to be utilized for this proposal shall be safe for operation on public streets over the term of the project, and meet all requirements in the California Vehicle Code. All parts of the vehicle and all equipment mounted on or in the vehicle shall conform to the California Vehicle Safety standards.

Particular attention shall be directed to the California Highway Patrol Motor Carrier Safety Regulations.

Each vehicle is required to be inspected annually by the California Highway Patrol as it pertains to the California Code of Regulations Title 13. The City shall be notified of inspections performed by a governmental agency other than the City, which meet or exceed the criteria for inspection established by the City. The results of those inspections shall be transmitted to the City immediately, and any applicable signed certification shall be displayed or carried on the vehicles.

The Proposer shall maintain a record of satisfactory California Highway Patrol (CHP) terminal inspections throughout the life of the contract. If the Proposer receives an unsatisfactory rating from the CHP, the Proposer shall notify the City immediately and state what is being done to correct the deficiency. The City reserves the right at its sole discretion to inspect and reject temporarily or permanently, by notice to the Proposer, any vehicle the Proposer proposes to use or subsequently utilizes which the City deems unacceptable.

OPERATING PERFORMANCE STANDARDS
The Proposer will be held responsible for project management according to specified operating procedures. The City may establish additional rules that are reasonable for operation of this service after consultation with the Proposer. Vehicles shall be operated with primary regard for the safety, comfort, convenience, and overall satisfaction of passengers and the general public.

Service shall be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required as a result of a declared emergency. The Proposer shall strive to maintain on-time performance; however, the Proposer shall not be held responsible for failure to provide on-time service due to unusual weather or traffic conditions, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to the City. Proposers shall discuss in the proposal their proposed operational plan for maintaining on-time performance. Proposer shall also

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discuss in their proposal their proposed operational plan for expeditiously resuming service in the event of a road call or other interruption in service. Operational difficulties that result in missed trips or vehicles not operating as required by this RFP must be reported immediately to the City.

Procedures shall be established in order to ensure that project management staff is aware of passenger complaints and operational problems. Drivers must report any passenger complaints or operational problems with the vehicle immediately to management staff, who will ensure that appropriate measures are taken by supervisory or maintenance staff to correct the problem and that all complaints are reported to the City.

Procedures shall be establish instructing drivers, supervisors, management or other staff members on the proper method for directing passengers to report customer comments to the City. Proposer shall discuss their plan for monitoring of service quality, including on-time performance, missed trips, preventive maintenance of vehicles, vehicle cleaning, driver courtesy, etc. Proposers shall discuss any plans to subcontract with an independent firm to assist in project monitoring.

PERSONNEL PERFORMANCE STANDARDS
The proposal shall describe how the performance of the drivers and supervisory personnel will be monitored and evaluated. If the project manager is responsible for managing these activities, his or her time allocation should be reflected accordingly.

Regularly assigned drivers or a fully trained back up must be available and on time, at all times, to ensure consistent and reliable service. All personnel are responsible for knowledge of the service system design, including the routing and stops, schedules, and ADA requirements. Project personnel must maintain a courteous attitude, answering to the best of their ability any passenger questions regarding the provision of service. Personnel must also report all passenger complaints and operational problems to project management staff.

PROPOSER REPORTS
The City is requiring that the Proposer provide an extensive amount of data reporting which will serve as a database to monitor and evaluate productivity of the service and the performance of the Proposer. The success of the City’s Proposer performance evaluation program is dependent upon the timely and accurate reporting of essential operating and maintenance information by the Proposer. The Proposer, in accordance with the established reporting schedule, will prepare data reports to be submitted promptly to the City.

A. Ridership Report
A monthly trip report shall be prepared by the Proposer and submitted to the City within ten (10) working days after the end of the month, which contains daily ridership, service hours, and other desired operation information, by route. A service map should be included as reference.

B. Road Call/Missed Trip/Incidents Report
A Monthly Summary of Road Calls/Missed Trips/Incidents Report shall also be submitted to the City within ten (10) working days after the end of each month, which summarizes the information on the daily reports during each month.

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C. Preventive Maintenance Report
A Monthly Preventive Maintenance (PM) Report shall be submitted to the City within ten (10) working days after the end of each month indicating the date and mileage when the last PM was performed for each vehicle. This report shall match the Proposer’s maintenance records, and will be audited by the City.

D. Accident Report
An accident report shall be delivered to the City within 24 hours of each accident. Any major accident involving injuries or significant damage to servicing vehicles shall be immediately reported to the City. If any service is missed as a result of an accident, a Road Calls/Missed Trips/Incidents Report must also be completed.

E. Passenger Comment Report
Service vehicles shall clearly display information directing passengers who wish to place a customer comment to the City’s designated phone line or email address. Information shall be installed at a place approved by the City.

In addition, any customer comments received by the Proposer shall be submitted on a Passenger Comment Report including all corrective action taken to address the matter. This report shall be completed by the Proposer regardless of whether the comment (verbal or written) was received directly by the Proposer, or was forwarded to the Proposer via the City.

The Proposer is required to respond to the comment within three (3) business days after receipt of the comment. A monthly summary report shall be completed by the Proposer and submitted to the City within ten (10) working days after the end of each month.

F. On-Time Performance Report
The Proposer is required to monitor and document the on-time performance of each service vehicle. A monthly On-Time Performance Report shall be completed by the Proposer and submitted to the City within ten (10) working days after the end of each month.

G. Operating Performance Penalties
The City shall monitor the project shuttle service in order to assess the performance of the Proposer in delivering the service. The monitoring activities shall include, but not be limited to, vehicle cleanliness, completed vehicle trips, on-time submission of reports, heating and air conditioning system performance, and unsafe operations of the vehicle. The City shall maintain the right to assess performance penalties against the Proposer, as set forth herein, based on the Proposer’s failure to meet the established standards. Performance Penalties applicable thereto, shall include the following performance criteria and be charged based upon non-compliance with the standards reported by: 1) the Proposer; 2) at least three passengers; or 3) City staff. The City reserves the right to modify these performance criteria, as necessary.

1. Late Trips

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If a shuttle arrives after the PM departure of designated train or arrives five (5) minutes late after the AM arrival of designated train at the Metrolink Station, performance penalties of $50 per vehicle incident will be assessed.

2. Missed Trips
If a shuttle is not able to complete its trip for a non-emergency reason, performance penalties of $100 per missed trip will be assessed.

3. Submission of Reports
The Proposer shall submit timely, accurate and completed reports as specified by the City. Failure to do so shall result in performance penalties of $25 per day for each day a report is due. Failure to submit annual performance reports for regulatory compliance may be cause for contract termination.

4. Falsify or Non-Submittal of Reports
If the City determines that a Proposer has intentionally not submitted a required report to the City on schedule, or has submitted inaccurate information to the City in order to avoid performance penalties, performance penalties of $500 will be assessed and the contract may be cause for contract termination.

5. Heating and Air Conditioning Performance
The Proposer shall ensure all vehicles have operating heating and air conditioning units prior to start of shuttle service each day. Failure to have a functioning air and heating unit during service will result in performance penalties of $50 per incident.

6. Driver Courtesy
If driver is reported for verified discourteous or rude behavior or refusing to operate a functioning wheelchair lift, performance penalties of $100 per incident will be imposed on the Proposer.

7. Passenger Comment Cards
The Proposer shall ensure that at least five (5) passenger comment cards are available on each vehicle during daily shuttle service. Failure to do so shall result in performance penalties of $25 per shuttle per day.

8. Other Requirements
The Proposer shall be responsible for all other functions, and their cost, not specifically discussed herein but required to provide safe, reliable, legal and efficient operation of the Services.

SECURITY
The primary law enforcement agencies for security and transit-related crimes on contracted service areas are the Montebello Police Department and Los Angeles County Sheriff Department. Local municipal law enforcement agencies will provide police service as necessary and appropriate. The Proposer is responsible for timely and efficient communication with law enforcement agencies, as well as the City.

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Security expenses of any type incurred by the Proposer are considered as a cost of doing business and shall not be eligible for reimbursement under the contract.

CITY’S PROJECT MANAGER RESPONSIBILITIES
The City’s Project Manager or designee will monitor the Proposer’s day-to-day operation to ensure compliance with Scope
SECTION 5 – QUALIFICATIONS

DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Vendor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Vendor will state and identify its involvement with other clients for both past and present projects. The Vendor will state the client’s name, and references for similar projects, particularly those conducted for public transit and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity.

The Vendor’s involvement and responsibility should be defined for each project. • Identify any subProposers by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subProposers proposed.

FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non-compliance with these requirements may disqualify your proposal from further consideration.

A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.

B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.

D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.

E. Licensed to do business in the State of California.

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F. Experience with projects of similar size and scope.

SECTION 6 – FORM OF CONTRACT (DRAFT)

PROFESSIONAL SERVICES AGREEMENT FOR

METROLINK RAIL FEEDER SHUTTLE SERVICE
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2025, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY desires to retain a qualified professional VENDOR to ……………………….

WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, VENDOR responded to CITY’s Request for Proposals dated …………… as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Vendor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 25-12, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 25-11 dated ……………., 2025, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 25-11 dated ……………., 2025, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.

SECTION 2. SERVICES / COMPENSATION.

A. VENDOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. VENDOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

B. VENDOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by VENDOR within thirty (30) days of the date of such invoice.

D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at VENDOR's discretion.

SECTION 3. TERM.

This Agreement shall commence on ………………, 2025 and shall be valid for an initial term of one year with the option to extend for an additional XXXXX.

The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 4. PERFORMANCE.

A. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

B. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.

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C. VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

D. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub-Proposers to assist in the completion of services as herein defined.

Compensation for additional individuals, Vendors, or sub-Proposers shall be the sole and exclusive responsibility of the VENDOR.

E. VENDOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, VENDOR shall make all records, invoices, timecards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents, or other written material developed by VENDOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by VENDOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates VENDOR for such reuse.

SECTION 5. WORK PRODUCT.

A. VENDOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. VENDOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in VENDOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold VENDOR, its sub-Proposers, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the VENDOR be liable for any loss of use, profit or any other damage.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

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SECTION 7. CITY SUPERVISION.

The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to VENDOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “nonrefundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by VENDOR during the Term of this Agreement.

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SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of CITY shall be personally liable to VENDOR in the event of any default or breach by CITY, or for any amount which may become due to VENDOR.

SECTION 11. INDEPENDENT CONTRACTOR.

A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub-vendors for injury or sickness arising out of performing services hereunder.

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-vendors with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

A. In the event that VENDOR or any employee, agent, or sub-vendor of VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-vendors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub-vendors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello

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Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of VENDOR to comply with this section.

SECTION 14. INDEMNIFICATION.

VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of VENDOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 15. INSURANCE COVERAGE.

During the Term of this Agreement, VENDOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, productscompleted operations, broad form property damage, blanket contractual liability, independent vendors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. VENDOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by VENDOR for CITY and to require each of its sub-vendors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, VENDOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.

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Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

VENDOR shall require each of its sub-vendors, if any, to maintain insurance coverage that meets all requirements of this Agreement.

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days for non-payment) prior written notice. VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at VENDOR’S expense, the premium thereon.

At all times during the Term of this Agreement, VENDOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

VENDOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.

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All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR and VENDOR’s employees, agents or sub-vendors, from waiving the right of subrogation prior to a loss.

VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.

Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.

Coverage applies separately. VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of VENDOR to comply with this section.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

VENDOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-vendor, 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 VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR 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-vendors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in

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such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in

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the same manner as though an originally signed copy had been delivered.

F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, VENDOR shall not discriminate against any employee, subvendor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. VENDOR will take affirmative action to ensure that sub-vendor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

VENDOR and its officers, employees, associates and sub-vendors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.

VENDOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, VENDOR shall avoid the appearance of having any interest that would conflict in any

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manner with the performance of its services pursuant to this Agreement.

VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by VENDOR. VENDOR's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

CITY OF MONTEBELLO VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney

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RFP No. 25-11
Montebello Bus Lines 39
SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 25-11

METROLINK RAIL FEEDER SHUTTLE SERVICE
In response to the subject Request for Proposal (“RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.

The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor shall only proceed with the work upon receipt of a Notice to Proceed.

The proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,

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RFP No. 25-11
Montebello Bus Lines 40

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official Typed or Printed Name Typed or Printed Name
Title Title

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RFP No. 25-11
Montebello Bus Lines 41
Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.) For proposals requiring licenses the following information is required:

Vendor’s License No.

Expiration Date:

License Classification:

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RFP No. 25-11
Montebello Bus Lines 42

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.25-11, METROLINK RAIL FEEDER SHUTTLE SERVICE Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subvendors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 25-11 METROLINK RAIL FEEDER SHUTTLE SERVICE (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________Name:____________________________________ (Print) (Print)
By: _________________________________________________By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________Title: _______________________________________ Date: ________________________________________________Date: ________________________________________

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RFP No. 25-11
Montebello Bus Lines 43

EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

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RFP No. 25-11
Montebello Bus Lines 44

EXHIBIT C

INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross-liability exclusion for claims or suits by one insured against another.

Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail,

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RFP No. 25-11
Montebello Bus Lines 45
return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

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RFP No. 25-11
Montebello Bus Lines 46

EXHIBIT D
RFP No. 25-11

METROLINK RAIL FEEDER SHUTTLE SERVICE

COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Vendor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.

List other costs/fees:

Description Cost/Fees

Quantity Description of Work Cost of Needs
Lump sum METROLINK RAIL FEEDER SHUTTLE SERVICE $
$
$
$
$
$
$
TOTAL $

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RFP No. 25-11
Montebello Bus Lines 47
Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized
Signature: Date:

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RFP No. 25-11
Montebello Bus Lines 48

EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Firm Name
Address
Phone Number
Type of Business
Total $
% of Total Contract
Signature: Date:

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RFP No. 25-11
Montebello Bus Lines 49

EXHIBIT F
Bidder’s List of Subvendors (DBE and Non-DBE)
Part I
The bidder shall list all subvendors (both DBE and non-DBE) in accordance with Section 2-1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subvendors elsewhere in the proposal. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax

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RFP No. 25-11
Montebello Bus Lines 50
Part II
The bidder shall list all subvendors who provided a quote or bid but were not selected to participate as a subvendor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified DBE?)
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax

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RFP No. 25-11
Montebello Bus Lines 51

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.

If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.

Signature of Attorney Date

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RFP No. 25-12
Montebello Bus Lines
62 EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond
Irrevocable Stand-By-Letter of Credit
Vendor’s Name:

Authorized Signature:

Title:

Date:

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RFP No. 25-11
Montebello Bus Lines 53

EXHIBIT I

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Vendor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

Whenever Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly

1. Complete the Contract in accordance with it terms and conditions, or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.

The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Vendor under the Contract and any amendments thereto, less the amount properly paid by the City to Vendor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.

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RFP No. 25-11
Montebello Bus Lines 54
Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.

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RFP No. 25-11
Montebello Bus Lines 55

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

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RFP No. 25-11
Montebello Bus Lines 56

EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of
(Name of Issuing Bank)
Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

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RFP No. 25-11
Montebello Bus Lines 57
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

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RFP No. 25-11
Montebello Bus Lines 58

APPENDICES
Appendix A: Cost Proposal
Appendix B: Metrolink Train Service Schedule
Appendix C: Annual Service Miles and Passenger Count

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Appendix A RFP No. 25-11
Montebello Bus Lines 59
Cost Proposal
This form identifies the key cost components for the operation of this service. This cost information will be used in the evaluation of proposals (Section 4.1C4).

The initial term of this agreement shall be for three (3) years with an option for two (2) annual renewals of one (1) year each; upon mutual consent of the parties (Ref Section 3.7). Cost evaluation will be based upon the first three (3) years. 5 Vehicles X 6 hours per day X 261 days per year = 7650 hours per year Year 1 Year 2 Year 3 Year 4 Year 5

1. Estimated
Annual Hours 7650 7650 7650 7650 7650

2. Hourly Rate
TOTAL
Annual Cost
(1X2)
OPTIONAL – ADDITIONAL HOURS
Year 1 Year 2 Year 3 Year 4 Year 5
Regular Hourly
Rate
Overtime Hourly
Rate
Name of Company:

Address:

City: State:

Zip Code: Phone:

Email:

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Appendix A RFP No. 25-11
Montebello Bus Lines 60
Submitted By:

Printed Name:

Title:

Signature:

Date:

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Appendix B RFP No. 25-11
Montebello Bus Lines 61
Metrolink Train Service Schedule 2024
Riverside to Los Angeles – Monday through Friday
Train #1 #2 #3 #4
401 403 405 407
Arrival Times am am am am
Montebello/Commerce 3:54 4:54 5:54 6:54
Los Angeles to Riverside – Monday through Friday
Train #1 #2 #3 #4
410 412 414 416
Departure Times pm pm pm pm
Montebello/Commerce 5:06 6:06 7:06 8:06

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Appendix C RFP No. 25-11
Montebello Bus Lines 62
Annual Service Miles and Passenger Count
FY 24/25
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total
Passengers
1,433 1,622 1,488 1,677 1,465 1,173 1,537 1,535 1,584 1,712 1,732 1,553 Vehicle Service
Miles
2,711 2,718 2,445 2,381 2,403 1,853 2,551 2,502 2,584 2,619 2,831 2,420 Vehicle Service
Hours
354 404 349 405 361 264 368 343 345 303 387 352
FY 23/24
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total
Passengers
1,227 1872 1,717 1,646 1,776 1.553 1,533 1,595 1,642 1,576 1,604 1,554 Vehicle Service
Miles
1,268 2,858 2,683 2,618 2,812 2,343 2,710 2,534 2,904 2,570 2,757 2,744 Vehicle Service
Hours
143 348 387 317 353 300 322 329 412 345 369 397

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ITEM # 26

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3980 WITH PUN

GROUP, LLP FOR FINANCIAL AUDIT SERVICES
DATE: June 11, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3980 with The Pun Group, LLP; and,

2. Authorize the City Manager to execute the amendment, extending the term of the agreement to June 30, 2027; and,

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City relies on The Pun Group, LLP for Financial audit Services. The total amount of this agreement shall not exceed $455,524. This total, not-to-exceed amount includes the extension option for two (2), one (1) year terms and includes a ten (10) percent contingency for additional, as-needed services related to financial auditing/reporting. Staff are requesting the execution of Amendment No. 1 (Attachment A) to extend the term of the agreement through June 30, 2027.

Attachment A includes total maximum costs for the audit services for Fiscal Years 2024- 25 and 2025-26: $85,233 and $87,790. The services include the annual audit (i.e., production of the Annual Comprehensive Financial Report [ACFR]), single audit (for federally funded programs), various required State Controllers Office (SCO) reports, transit related audits, and other financial audit reports, procedures and analyses. The proposed Fiscal Year 2025-26 operating budget will include the necessary funds for these services. (Because annual audits are completed retrospectively, the FY 2025-26

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025

Page 2 of 2 ends

budget includes funding for the FY 2024-25 audit.)
BACKGROUND/DISCUSSION:

Most government agencies are required to hire external, independent auditors to audit their financial statements annually and conduct internal controls evaluations. The auditor is responsible for determining that financial statements do not include material misstatements and do not misrepresent their financial condition. In addition, auditors evaluate the City's internal controls and procedures to reduce the risk of collusion, theft, or fraud.

On May 11, 2022, the City entered into Professional Services Agreement No. 3980 with The Pun Group, LLP (Attachment B) to provide financial audit services for Fiscal Years 2021-22, 2022-23 and 2023-24. Over the past three years, The Pun Group has demonstrated consistent responsiveness and a high level of expertise, particularly in auditing local municipal agencies within Los Angeles County, as well as transit authorities.

Based on their performance, specialized experience and familiarity with Montebello's operations and financial documents, staff recommend approving an extension of Agreement No. 3980 for two (2) additional one-year terms, extending the agreement through June 30, 2027 (Attachment A). The term extension will allow the Pun Group to conduct the required annual audits for Fiscal Years 2024-25 and 2025-26.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City amend the term of Professional Services Agreement No. 3980 by extending it through June 30, 2027, and authorize the City Manager to execute Amendment No. 1 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Amendment No. 1 to Agreement No. 3980

2. Attachment B - Agreement No. 3980

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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3980

WITH THE PUN GROUP, LLP
This Amendment No. 1 to the Professional Services Agreement No. 3980 (“Amendment No. 1”), is made and entered into this 11th day of June 2025, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation, (hereinafter referred to as the “CITY”) and THE PUN GROUP, LLP (hereinafter referred to as the “CONSULTANT”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the CONSULTANT and the CITY entered into that certain Agreement to retain a qualified professional consultant to provide financial audit services for the CITY, dated May 11, 2022 ("Agreement"); and
WHEREAS, the CITY awarded the Agreement to CONSULTANT based on their education, experience, expertise, and training; and
WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, the Parties desire to exercise the two (2) additional years (expiring June 30, 2027) set forth in Section 3 of the Agreement; and WHEREAS, the Contractor has provided updated rate schedules, attached hereto as Exhibit “A” and incorporated into the Agreement by this Amendment No. 1; and WHEREAS, the Parties desire to increase the maximum compensation allowable under the Agreement; and
WHEREAS, for the reasons set forth herein, the CITY and CONSULTANT desire to enter into this Amendment No.1, as set forth below.

AMENDMENTS
SECTION 1. RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

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AMENDMENT NO. 1 TO AGREEMENT NO. 3996

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SECTION 2. AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties agree to increase the maximum compensation amount for the two (2) additional years extension.

SECTION 3. RATE SCHEDULE. The Agreement shall be amended to include the updated rate schedules attached as Exhibit “A” to this Amendment No. 1.

SECTION 4. EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of the Agreement from June 30, 2025, to June 30, 2027; unless terminated earlier in accordance with its terms. The Parties acknowledge that the two (2) additional years term is now in effect.

SECTION 5. INCORPORATION OF REMAINING TERMS. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
[END OF AMENDMENT NO. 1]
[SIGNATURES ON THE FOLLOWING PAGES]

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AMENDMENT NO. 1 TO AGREEMENT NO. 3996

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(the “CITY”) (the “CONSULTANT”)

CITY OF MONTEBELLO THE PUN GROUP, LLC
Raul Alvarez, City Manager Kenneth H. Pun, CPA, CGMA,
Managing Partner
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:

Exhibit A – Extension Letter

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200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707
May 14, 2025
City of Montebello
Alexis Lucero, MPA - Finance Manager
1600 W Beverly Blvd.

Montebello, CA 90640
RE: Audit Services Contract Extension – Fiscal Years Ending June 30, 2025, and June 30, 2026 Dear Ms. Lucero:

I would like to take this opportunity to thank you for the confidence and support the City of Montebello (the “City”) has provided to us over the past years, and presents this letter for your consideration regarding extending The Pun Group, LLP’s contract with the City.

We have developed an understanding of the City’s operations that has aided us in providing quality Audit Services.

With that knowledge, we have been able to expand our audit efforts and provide observations that have assisted the City’s staff. We have also demonstrated our ability to respond to requests of the City and our ability to deliver quality services. It is our understanding the City of Placerville has been satisfied with our efforts.

We would like to propose an extension of our Audit Services contract to include the Fiscal Years Ending June 30, 2025, and June 30, 2026; the objective of our audits is to issue an opinion regarding the fairness of the presentation of the City’s financial statements in accordance with generally accepted accounting principles. The proposed total allinclusive maximum price (1) (2) is presented as follows:
(1) Single Audit fee includes up to one (2) major program. The fee for auditing additional major programs will be $6,000 each. The number of programs determined to be “major” will be based on OMB Uniform Guidance. The Engagement Team will discuss this with the City of Montebello Management before starting Single Audit work.
(2) Supplemental reports, audits, or agreed-upon procedures must be added in a written agreement prior to commencing audit work. The Firm and City of Montebello will discuss and approve the scope and associated costs of these tasks.

Description of Services Provided FY 2024-25 FY 2025-26
City's Financial Audit and Related Reports $ 58,461 $ 60,215 Single Audit - up to 2 major programs (1) 9,004 8,742
Data Collection Form Included Included
SAS 114 Included Included
GANN Limit 563 546
State Controller's Report - City 3,377 3,278
State Controller's Report - Public Financing Authority 1,126 1,093 State Controller's Report - Transit 1,126 1,093
New GASB Pronouncements 2,814 2,732
Annual National Transit Database (NTD) Report 5,628 5,464 Transit Fund Financial Statements (TDA) 3,939 3,825
Total All-Inclusive Price (2) $ 87,790 85,233 $

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City of Montebello
Audit Services Contract Extension – Fiscal Years Ending June 30, 2025, and June 30, 2026

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Please review the updated terms outlined in this change order. If the City of Montebello agrees with the foregoing, please sign the copy of this letter in the space provided and return it to us.

We very much appreciate our relationship with the City of Montebello and stand ready to continue providing the level of service and commitment to which the City of Montebello has become accustomed. If you have any questions, please feel free to call me at (949) 777-8805.

Sincerely,
The Pun Group, LLP
Frances J. Kuo, CPA, CGMA | Managing Partner
This letter correctly sets forth the understanding of the City of Montebello as described.

Acknowledged by:
_______________________________________________________ City of Montebello
_______________________________________________________ Signature
_______________________________________________________ Name and Title
_______________________________________________________ Date

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Year4 Year5
FY24/25 FY25/26
Proposed All-Inclusive
Total $ 85,233.00 $ 87,790.00
Contingency (10%) $ 8,523.30 $ 8,779.00
Total $ 93,756.30 $ 96,569.00

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May 11

ATTACHMENT B

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Montebello City CouncilJune 11, 2025

Montebello City Council
June 11, 2025