b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t he CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t he CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general lia b i li t y and a ut om ob i l e p o li c ie s of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release
the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub- consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of
interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e - mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
If to the
CONSULTANT:
Ladayu Consulting Group
Daniel Garcia, PE, REA, CPP
316 Tejon Place
Palos Verdes Estates, CA 90274
(310) 968-7263
[email protected]
An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub- consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub -consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.
a. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. b. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to the CITY. d. When a CONSULTANT or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
SECTION 26. RETENTION OF RECORDS/AUDITS.
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and the CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. The CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
SECTION 27. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
a. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
i. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the CONSULTANT shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions in the LAPM.
b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. c. The CONSULTANT also agrees by signing this document that he or she shall require
that the language of this certification be included in all lower tier
subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
SECTION 28. NON-DISCRIMINATION CLAUSE AND STATEMENT OF
COMPLIANCE.
a. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
b. During the performance of this Agreement, the CONSULTANT and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.
Code §§11135-11139.5, and the regulations or standards adopted by the CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d. The CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said department or the CITY shall require to ascertain compliance with this clause.
e. The CONSULTANT and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
f. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. g. The CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d
et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
h. The CONSULTANT shall comply with regulations relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
i. The CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan (as set forth in Section 30), the CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
SECTION 29. DEBARMENT AND SUSPENSION CERTIFICATION.
a. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
iv. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
b. Any exceptions to this certification must be disclosed to LOCAL AGENCY.
Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action
c. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
SECTION 30. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PARTICIPATION.
This Agreement is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” (also referred to as “DBE”). The CONSULTANT shall assist the CITY in a good faith effort to achieve California's statewide overall DBE goal and applicable requirements pursuant to 49 CFR 26.
SECTION 31. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO LADAYU CONSULTING GROUP
Daniel Garcia
Raul Alvarez (Nov 21, 2024 14:08 PST) Daniel Garcia (Nov 20, 2024 15:04 PST) Raul Alvarez, City Manager Daniel Garcia, PE, REA, CPP 11/21/2024
Date:
11/20/2024
Date:
ATTEST:
Christopher Jimenez (Dec 3, 2024 19:51 PST)
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman
Arnold M. Alvarez-Glasman (Dec 3, 2024 18:58 PST)
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 25-06
• Exhibit B – Consultant’s Proposal to RFP No. 25-06
• Exhibit C – LAPM Exhibit 10-R, Appendices A and E
Exhibit “A”
RFP No. 25-06
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 06
On-Call Engineering and Architectural Services
Release Date: Thursday, September 26, 2024
Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT Due Date: Monday, October 28, 2024, at 11 a.m. PDT
2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
DATE OF SOLICITATION
September 26, 2024
PROJECT
On-Call Engineering and Architectural Services
PROPOSAL OWNER
City of Montebello – Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective consultants must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 6
6.0 Consultant Qualifications 8
7.0 Proposal Submittal 8
8.0 Evaluation of Proposal 9
9.0 Proposal Protests 9
10.0 Execution of Agreement 11
11.0 Insurance 11
12.0 Use of Federal Funds 13
13.0 Non-Commitment of City 14
14.0 Labor Requirements 14
15.0 Records 15
16.0 Subcontractors 15
17.0 Modifications/Changes 15
18.0 Disclosure of Information 15
19.0 Ex-Parte Communications 15
20.0 City of Montebello Rights 16
Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D- Sample Professional Services Agreement
5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified consultants to provide on- call engineering and architectural services following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective consultants must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.
*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Monday, October 28, 2024, at 11:00 a.m. PST.
Responses will be evaluated to determine the consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.
6 2.0 Introduction
The City of Montebello invites prospective consultants to submit a proposal to provide on-call engineering and architectural services. The goal is to have consultants perform roles in engineering, design, construction management, and various other public works related capacities.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Proposers Early/Mid-December2024 • Award January 2025
4.0 Purpose
The purpose of this solicitation is to identify a qualified consultant that can provide the City access to specialized expertise for a range of services required for Capital Improvement Projects. The agreement issued by this RFP will provide flexibility and efficiency in obtaining professional support for General and Traffic Engineering, Design, Construction Management, Part -time Public Works Inspection, Utility Engineering, NPDES/MS4 compliance, sewer and storm water design, and Architectural services.
These services will aid the department’s ability to meet project needs and regulatory meet compliance requirements in federal, state, county and local mandates effectively.
On-call services shall commence tentatively on December 2, 2024 and shall remain and continue in effect until December 31, 2027.
The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2) year extension options for a total of up to five (5) years. This requirement may change during the process of finalizing the agreement with the selected consultant. The City may opt to award multiple consultants for on- call engineering and architectural services.
7 5.0 Scope of Work/Services
Under the general direction of Public Works staff, Consultant shall perform consulting services on an “on call or as -needed” basis for various projects assigned by the City.
For each on- call service request, the Consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so. Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements. Compensation will be based on time and materials with an annual not -to-exceed limit agreed upon by both the Consultant and City before work begins.
The scope of work for any one project may involve a particular phase of a project development design or construction and may include but not be limited to the following:
• Developing an overall grant outline; working with appropriate Department staff and team to determine writing assignments, including providing an estimate of how much City staff time will be needed at the beginning of each project.
• Preliminary engineering design concepts, studies, reports, final engineering design of capital projects for bidding purposes (final plans, engineering estimate and plans (PS&E). Activities may include but are not limited to the review of third-party plans and specifications. Oversee the preparation of technical reports and designs for approval/acceptance by the City Engineer.
• Provide Bid Administration, and Construction Management, for sewer, water, storm drain, traffic signal and street improvements. • Provide Inspection services if requested and as needed for capital Improvement projects such water treatment facilities, sewer, water, storm drain, traffic signals, street improvements.
• Provide construction management services for repair and replacement of City infrastructure. Construction management activities which include, but are not limited to, planning, preparing and communicating schedules and progress of project activities and expenditures, assisting others in establishing project schedules and milestones, setting and evaluating progress on project tasks.
8 • Manage and closely monitor CIP budgets to ensure that projects are delivered in a timely manner and within the approved budget. Prepare and review invoices for construction projects, prepare change orders and process invoices.
• During construction, make on-site visits; review material submittals, shop drawings and test results; respond to Request for Information (RFI); draft change orders; assist city staff with contract negotiations; and review pay estimates.
• Provide in-house personnel or sub-consultants for specialties such as electrical, structures, survey landscape, and geotechnical engineering. • Provide engineering services including preliminary studies, public outreach, drawings, exhibits.
• Assist City staff in processing paperwork and/or Projects through Caltrans Local Assistance, Caltrans Permits, other Caltrans Departments, County of Los Angeles, Metro, and other agencies for federal and state funded projects.
• Review correspondence from state and federal permitting agencies that require response or action from City Public Works staff. • Architecture and Landscape Architecture Services.
• City Engineer – Part-time staff augmentation
6.0 Consultant Qualifications
The selected consultant must have the following minimum qualifications:
A. Experience working with City Public Works Departments B. State of California Professional Engineering, Civil Engineering, Traffic Engineering, Geotechnical Licenses
Background Check
Consultant representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.
7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and
9 incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time- stamped after the deadline will not be accepted. Proposers planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:
A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project - 60%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
ii. Reputation for integrity and competence – 20%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 20%
The City reserves the right to request and obtain, from one or more proposers, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those consultants for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.
10 9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing or by email no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is
11 determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Proposer a fair review and shall have up to ten (10) working days to review the protest and render its decision.
10.0 Execution of Agreement
The resulting agreement (see attached sample) shall be signed by the successful Consultant and returned with the required insurance within ten (10) business days after the City has provided written notice that the Consultant has been awarded the project.
Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
11.0 Insurance
The Consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise- operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
12 If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the consultant has not owned autos, Code 8 (hired) and 9 (non- owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.
C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the consultant to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the consultant must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance
policies. The "City of Montebello, its officials, employees, and
13 agents" must be endorsed to the consultant’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non- contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Consultants may request a waiver or modification of these insurance requirements.
Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
12.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed- through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements may include the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200
14 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
• Any other state or federal regulations that may be applicable under the corresponding grant program
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
13.0 Non-Commitment of City
While the City intends to select a consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
14.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
15 B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
15.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.
16.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Consultant’s insurance.
17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.
18.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information
16 received by the Consultant shall be used exclusively in connection with the performance of services.
B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
19.0 Ex-Parte Communications
Proposer and propser’s representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.
This restriction does not prohibit proposers and their representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral statements or presentations to City representatives during a scheduled public meeting.
20.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. 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.
B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
17 F. Waive any errors or informalities in any proposal to the extent law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Sample of PSA
Appendix C – References
Exhibit “B”
CONSULTANT’S PROPOSAL TO RFP NO. 25-06
October 28, 2024
REQUEST FOR PROPOSALS
RFP 25-06 – On-Call Engineering and Architectural Services
Prepared for: By:
City of Montebello
Development of Public Works
1600 West Beverly Blvd.
Montebello, CA 90640
ATTN: Cesar Roldan, Director of Public Works
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263
October 28, 2024
Cesar Roldan, Director of Public Works
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
RE: RFP 25-06 - On-Call Engineering and Architectural Services Dear Cesar,
Ladayu Consulting Group (LCG) is pleased to present our proposal to provide the City of Montebello with On-Call Engineering and Architectural Services. LCG is a Municipal Services staff augmentation company specializing in Municipal Engineering, such as City Engineering, Traffic Engineering, Construction Management and Inspection, Water, Sewer and Storm Drain Engineering, Project Management, Grant Management. For this proposal, LCG will sub- consult with JMD Engineering (project design), BPR Consulting Group (structural, electrical, etc.), and Ninyo & Moore (Geotechnical Engineering). All key project staff and sub- consultants will be available and able to respond instantaneously as the need arises for the City once a Notice to Proceed (NTP) is issued.
LCG has specialized in providing Municipal Engineering Services to California cities since our founding. The leadership and management team at LCG are individuals with a passion to provide professional civil engineering services to cities. We only serve public agency clients, typically in a staff augmentation and project management role.
We believe that our exclusive commitment to public agency clients is important since it allows us to avoid any real or perceived issues regarding conflicts of interests.
I will act as Principal- In-Charge for this engagement. As President of LCG, I am authorized to bind the firm to all commitments made in our proposal. I have authorized Daniel Garcia, Vice President, to be the Contract Manager and QA/QC for the City of Montebello. Daniel’s contact information follows:
Daniel Garcia, PE, REA, CPP (authorized to submit RFP and negotiate on LCG's behalf) Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274 (only company address)
[email protected] | C: 310.968.7263
website: www.ladayucg.com
LCG appreciates the opportunity to present our qualifications, experience and desire to provide On- Call Engineering and Architectural Services for your review and consideration. This proposal will be valid for 180 days from submittal. LCG ACKNOWLEDGES RECEIPT OF ANY ADDENDUMS, IF ISSUED, FOR THIS RFP.
Sincerely,
Ladayu Phaphan, Founder and President
i
Table of Contents
Letter of Interest .................................................................................................................................................. i Section 1 – Project Understanding and Approach .................................................................................. 1-5 Section 2 – Relevant Experience............................................................................................................... 6-20 Section 3 – Proposed Scope of Services .............................................................................................. 21-25 Section 4 – Conflict of Interest Statement (Non Collusion) ...................................................................... 24 Section 5 – Cost Proposal......................................................................................................................... 26-29
1 Section 1 – Project Understanding and Approach
I. General Company Information
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
The seamless integration of municipal service professionals in support of public agencies has been our purpose since Ladayu Consulting Group (LCG) was formed in 2015. LCG was founded by individuals with a passion for serving municipalities. Our employees span a multitude of disciplines within public works and engineering departments throughout California.
Ladayu Consulting Group provides a host of services to cities including:
• City Engineering
• Construction Management & Inspection
• Civil/Private Development Plan Review
• Land Development/Subdivision Map Act
• NPDES/MS4 Compliance
• Landscape Architect
• Public Works Management
• Project and Program Management
• Traffic Engineering
• Grant Administration
LCG's staff has held senior and executive management positions within numerous California cities including titles of City Engineer, Construction Manager, Inspector, Project Engineer, Plan Review Engineer, NPDES/MS4 Compliance, Grant Administrator, and other well-seasoned management personnel. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve.
We furnish both technical excellence and a thorough understanding of the regulatory process to assist our clients through the sometimes daunting complexities associated with the delivery of projects, implementation of important public programs, and adoption of significant public policy.
LCG was formed and founded in 2015 and established our Engineering office in Palos Verdes Estates. We are a sole proprietorship. Our legal name is Ladayu Consulting Group. LCG's Federal Employer Identification Number is 36- 4967928. Our official business address and primary point of contact follows:
Daniel R. Garcia, PE, REA, CPP – Contract Manager
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274 (only business location/address) [email protected] | C: 310.968.7263
www.ladayucg.com
2 II. Subconsultant Teaming Information
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
To provide the complete spectrum of services listed in the RFP’s Scope of Services, we have teamed with the following subconsultants to provide targeted services:
• JMD Engineering .............................. Design Services • Ninyo & Moore................................... Geotechnical and Materials Testing Services • Coast Surveying, Inc ....................... Surveying Services • BPR Consulting Group ..................... Electrical and Structure Engineering Services
III. Project Understanding and Approach
LCG understands the City of Montebello is seeking
experienced and qualified consultants to perform
General and Traffic Engineering, Design, Construction
Management, Part-time Public Works Inspection, Utility
Engineering, NPDES/MS4 compliance, sewer and
storm water design, and Architectural services on an
“on call or as -needed” basis for various projects
assigned by the City.
LCG’s approach and methodology to implementing the City of Montebello’s On- Call Engineering and Architectural Services is to provide the City with the best qualified Part- Time City Engineer, Construction Manager, Inspector, Design Engineer, Project Manager, Landscape Architect, Grant Administrator, Associate Engineer, Geotechnical Engineer, etc. in order to efficiently manage the individual projects/tasks with respect to costs/budget.
LCG has experienced City Engineers and has designated Daniel R. Garcia, PE, REA, CPP to serve as the Part -Time City Engineer on this project for the City of Montebello.
Daniel will provide city engineering services for the City of Montebello as part -time staff augmentation. He will also serve as the Contract Manager in charge of implementing this contract and the QA/QC manager enforcing the QA/QC protocol. Daniel will be the central point of communication for LCG and will report directly to the City of Montebello's Project Manager assumed to be Cesar Roldan, Director of Public Works.
Tony Antich, PE will serve as Project Manager providing project management services, assist City staff in processing paperwork and/or Projects through Caltrans Local Assistance, Caltrans Permits, other Caltrans Departments, County of Los Angeles, Metro, and other agencies for federal and state funded projects, Review correspondence from state and federal permitting agencies that require response or action from City Public Works staff, NPDES/MS4 compliance, and manage all the subconsultants proposed in this RFP.
3 IV. Key Milestones and Deliverables to Perform the Requested Services
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
Ludwig I. Smeets, PE will serve as Construction Manager providing construction management services as listed in this RFP’s Scope of Services. He will manage and coordinate all construction activities, conducting field visits, and report to the City of Montebello’s Project Manager.
Ludwig will be assisted by Angel Quintero, Inspector, who has had over 28 years of inspection and public works management. Angel will provide inspection services in this project. He is currently working on the CIP2019- 02 Slauson Avenue Congestion Relief Project in the City of Huntington Park.
Oranos Mekwian, Associate Engineer, will provide construction management support, keep track and log all the construction documents for this project for the City.
Ann Herner will serve as Grant Administrator providing Grants Administration services as required by this contract. She has over 30 years of experience in the State of California working for various jurisdictions.
Patrick J. Reynolds, PLA will serve as Landscape Architect providing Landscape Architect services as required by this RFP. He will coordinate with City staff, consultants, City Engineer, and LCG’s Construction Manager for CIP projects and other City projects.
JMD Engineering will serve as Design Services Subconsultant providing public works/CIP project design services, traffic engineering, and public outreach in this project.
Ninyo & Moore will serve as Geotechnical and Material Testing Services Subconsultant providing geotechnical and material testing services and all material source inspection, sampling, and testing.
Coast Surveying, Inc. will serve as Surveying Services Subconsultant providing surveying landscape services.
BPR Consulting Group will serve as Electrical and Structure Engineering Services Subconsultant providing electrical and structure engineering services.
Once a Notice to Proceed (NTP) is issued, specifically how LCG will implement each task, the Work Plan will be analyzed and recommended with proposed hours for each service other than those tasks specifically delineated in the RFP. Those tasks will be managed and executed per the City's Scope. Each team member is available and this will be detailed in the actual work plan developed after the Director of Public Works has had a chance to analyze the City's situation. All staff in this proposal will be managed under the Director of Public Works’ supervision and LCG will adhere to the established project organization chart/work plan.
4 V. Project Organization Chart/Work Plan
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
All communication on this contract will follow the following Project Organization Chart/Work Plan:
Montebello Project Organization Chart/Work Plan
5 VI. LCG’s Approach to Document Controls to Track Project Progress and Expenditures in Construction Management Projects
VIII. LCG’s Quality Assurance and Quality Control (QA/QC)
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
LCG will maintain the project document folder to keep all the project documents for each project e.g. contract, plan, specification, expenditure, etc. and develop the project log for tracking the project progress/status and expenditures. The project log shall include receipt date, transmittal date, project information, project progress/status, expenditure, etc. Our Contract Managers monitor contracts for compliance and adhering to the conditions of the project. All project information is maintained and filed as required by all of the project stakeholder agencies (i.e. state, federal, etc.) until project completion whereas it is turned over in hard copy and electronic format to the City.
LCG understands the need for construction management projects during the term of the agreement to ensure Quality and to provide control procedures to reduce the risk of errors and omissions in the delivery of projects to the City. For the City of Montebello, LCG has assigned Daniel R. Garcia, PE, REA, CPP as the QA/QC as well as the Contract Manager and Part-Time City Engineer. Daniel will be responsible for ensuring high quality work, control costs and to provide accurate and timely invoices for this contract. He will establish procedures for the QA/QC Plan for construction management activities.
Five Sections of the QA/QC Plan: The QA/QC Plan will be organized into 5 sections:
1) Organization and Responsibility
2) Execution and Schedule
3) Procedural Requirements
4) Requirements for Sub-consultants
5) Project Quality Management Audits
The QA/QC Plan will incorporate procedures to ensure reviewed by the City of all project documents (both print and electronic) are addressed. These sections will define requirements and procedures for checking, reviewing, distributing, tracking, and controlling documents for QA/QC.
Daniel Garcia, QA/QC, will submit the project specific QA/AC Plan to the City within 30 days of the Notice to Proceed. The project organization chart will be included in the Plan with all those indicated that will perform QA/QC reviews. Deliverables will have a statement that all of the information contained in the submittal has been QA/QC checked and in accordance with the Plan.
LCG's QA/QC will assure consistent quality for the City of Montebello. The quality should be consistent with the City of Montebello's policies and procedures as well as according to engineering standards of practice with respect to city, state and federal laws and guidelines.
6 Section 2 – Relevant Experience
• City of Huntington Park
• City of Maywood
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
LCG had experience in CIP and public works projects including for local agencies that are directly related to the discipline being considered. A summary of recent relevant projects that LCG and assigned personnel have performed within the past 5 years for public agencies in Southern California that are similar in nature that is being requested in this RFP are shown as below.
Steve Forster, Acting Public Works Director
6550 Mile Avenue., Huntington Park, CA 90255
562.587.4860 | [email protected]
Name of Project: CIP2019-02 Slauson Avenue Congestion Relief Project.
Services Provided : Construction Management & Inspection Services, Constructability Review, and request for Measure R funding for an additional funds. ($11.3 million)
Description of the Work: Replace pavement from Wilmington Avenue to State Street, replace signalization at 5 intersections, upgrade ADA access, etc.
Status and Contract expenditures : Prime. Start December 6, 2023 to February 26, 2025. (Total Contract Expenditures $450,000) David Mango | Public Works Director/Building Official (retired) 4319 E. Slauson Avenue, Maywood, CA 90270
323.365.0013 | [email protected]
Name of Project: USEPA/CDBG funded Sewer Replacement Project Services Provided : Civil Engineering, Project/Construction Management, and Inspection Services
Description of the Work : Removal and replacement of various diameter damaged/deficient vitrified clay pipes, and sewer manholes including trenching, backfilling and compaction of native soils, asphalt paving restoration, and the installation of striping and pavement marking.
Status and Contract expenditures: Prime. Start May 14, 2016 to December 15, 2019. (Total Contract Expenditures $500,000)
7 City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
Name of Project: FY18/19 and 19/20 Street Rehabilitation Project Services Provided : Civil Engineering, Project/Construction Management, and Inspection
Description of the Work : Rehabilitation of various City streets including construction of asphalt concrete overlays, localized street reconstruction, header cutting and cold milling of existing asphalt concrete, removal and reconstruction of damaged concrete improvements including curb, gutter, sidewalk, curb ramps, cross gutter and spandrels on the streets to be resurfaced, replacement of traffic signal loop detectors, etc.
Status and Contract expenditures: Prime. Start May 14, 2016 to December 15, 2019. (Total Contract Expenditures $500,000)
Name of Project: 60th Street and Heliotrope Avenue Traffic Diversion Project
Services Provided : Civil Engineering, Project/Construction Management, and Inspection
Description of the Work: Installation of the street improvement at 60th Street and Heliotrope Avenue per plans and specifications including the installation of colored concrete pavement, curb and gutter, curb ramps, crushed miscellaneous base, landscaping, local depression, sidewalk, traffic striping and pavement markings, removal and replacement of roadway signs, cold milling, and paving, demolition and removal of existing asphalt pavement, local depressions, sidewalk, grading, traffic control, etc.
Status and Contract expenditures: Prime. Start May 14, 2016 to December 15, 2019. (Total Contract Expenditures $500,000)
8 • City of Compton
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
John Strickland, Public Works Director
205 South Willowbrook Avenue, Compton, CA 90220
310.761.1422 | [email protected]
► Name of Project: Four (4) Compton Fire Stations Driveway Aprons Improvement Project (CIP 20-01)
Services Provided: Construction Management & Inspection, Plan Review, Constructability Review
Description of the Work : Improvement of Compton Fire Station Nos.1 through 4 driveways and aprons including replace AC and concrete pavement, PCC sidewalk, curb and gutter, water pipes, automatic sliding gates, concrete wheel stop, etc.
Status and Contract expenditures: Prime. Start June 14, 2021 to December 15, 2021. (Total Contract Expenditures $160,000)
► Name of Project: CIP#18- 01 Annual Residential Rehabilitation Project (Phase 2A)
Services Provided: Construction Management & Inspection Description of the Work : Rehabilitation of various streets in the City including replace AC pavement, slurry seal, residential driveway, curb gutter, curb ramp, cross gutters, striping and signage, sidewalk, etc.
Status and Contract expenditures: Prime. Start November 29, 2021 to July 8, 2022. (Total Contract Expenditures $100,000)
9 Key Personnel’s Qualification and Experience
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
LCG has a diverse team of qualified professionals dedicated to providing On- Call Engineering and Architectural Services to the City of Montebello. Below we have provided brief biographies of key personnel that will be available for this contract. Detailed resumes will follow.
Daniel Garcia, PE, REA, CPP | Contract Manager, QA/QC, Part-Time City Engineer
Daniel has served as Contract Manager, QA/QC, and City Engineer in many public agencies throughout California. He is a registered Civil Engineer, registered Environmental Assessor and Certified Permitting Professional and has over 30 years of experience in the civil engineering profession. Having worked in several jurisdictions throughout California including most recently the Cities of Huntington Park, Maywood, Compton, Bell, Norwalk, Chino Hills, Costa Mesa, Rancho Palos Verdes, and Lomita. His experience is far and wide from City Engineer, Construction Management, Project Management, Civil Plan Review, Land Development/Subdivision Map Act, Capital Improvement Programs (CIP). Daniel’s experience includes the Firestone Bridge over the San Gabriel River in Caltrans District 7 ($23 million) as City Engineer in the City of Norwalk and the Douglas Street Gap Closure also in Caltrans District 7 for the City of El Segundo ($39 million) a three level (Metro Green Line, BNSF Railroad and street below) grade separation. He has recently served as City Engineer in the City of Maywood from 2016 to 2019 and in that time, he has rehabilitated or resurfaced 90% of the streets in that city, obtained sewer compliance from the state attorney and the LA Regional Water Quality Control Board (LARWQCB) avoiding a multi -million dollars fine by implementing a Sewer Service Charge, Sanitary Sewer Management Plan (SSMP), developed a GIS map of the sewer infrastructure, developed a Fats, Oils and Grease (FOG) Program, updated the Sewer Master Plan, replaced a major sewer for $1.3 million using USEPA and CDBG funds and developed a Capital Improvement Program (CIP) for the City that included sewers, streets, storm drains, parks, municipal facilities, etc. Daniel also implemented an award- winning roundabout on 60th Street and Heliotrope Avenue and obtained a $10 million award from Metro through the Gateway Cities Council of Governments (COG) for the improvement of Slauson Avenue in the City of Maywood.
Ludwig I. Smeets, PE | Construction Manager
Ludwig has over 38 years of experience in in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers. His experience has included the management of numerous projects, specifically as Construction Manager. Ludwig was the construction manager for the Carnelian Storm Drain in Rancho Cucamonga, Field of Dreams Sports Park in Chino Hills and the Sunset Ridge Development Tract No. 17089 in Victorville to name a few of his projects. His experience with several agencies as a construction manager for capital improvement projects, specifically related to water and storm drain pipes, grading/drainage, site development including streets and sewer infrastructure,
10 City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
access improvements, and on- site hydrology and the requirements of the NPDES permits, to include SUSMP’s, WQMP’s, low impact development (LID), and hydro- modification.
Tony Antich, PE | Project Manager
Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in the City of Santa Monica. Tony is experienced with managing professional staff including capital improvement programs, coordination of construction in the public right -of-way, construction management, community outreach, grant management, civil and architectural project development, cost estimating, risk management, cost management, public counter customer service, permitting and plan checking, disaster recovery, facility and infrastructure planning, mapping, assessment districts, seismic upgrade of essential facilities and communications.
Ann D. Herner | Grant Administrator
Ann has more than 20 years of experience in the public and private engineering sector, assisting cities and providing strategies in securing transportation funding and leveraging local resources to implement capital projects. She identifies key elements of the grant and works closely with the City to craft and customize a project that will be competitive.
Ann is well versed in a variety of state, federal and local grant programs, and has worked extensively with Caltrans Local Assistance, California Transportation Commission and the Federal Highway Administration on state/federally funded projects to meet program compliance and project timelines. She has managed millions of dollars in capital projects providing oversight on federally funded projects, from design to construction, final project close-out and including financial audits by both State/Federal agencies. Ann completed the Pavement Management System (Street Master Plan) for the City of Maywood.
Patrick J. Reynolds, PLA | Landscape Architect
Patrick holds Landscape Architect License No. 4440 and is also a C -27 Landscape Specialty Contractor. Patrick is a Certified Irrigation Auditor and is certified in NEPA and CEQA. Patrick has forty -five years of experience in all aspects of design, project management, construction of new and existing public, private, residential, commercial, urban, park and open space developments. He has expertise in Park Master Planning, Land Acquisitions, trail design and construction, preparing Environmental documents and reports, environmental preservation and restoration, historical preservation. His impressive and detailed resume that follows demonstrates a proven record of accomplishment that can serve the requirements of this contract and contribute to the needs of the City. Patrick has recently completed the Urban Forestry Management Plan for the City of Bell. He is currently serving the City of Alhambra as a City Landscape Architect.
11 City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
Angel Quintero | Inspector
Angel has over 28 years of public services experience and is a Public Works Program Inspector and is licensed as a Water Distribution Operator with extensive experience as a Water Utilities Manager and Water Supervisor. Angel has Storm Water Management experience including Public Works Inspection expertise. He is excellent providing inspection services, prepare and maintain project documents including labor and equipment records and labor compliance reports, has great communication skills responding to citizen complaints and provide quality customer services. He has served as the Public Works Program Inspector in the City of Pico Rivera and held the Water Supervisor position from City of Torrance, Water Utilities Manager position from the City of Covina, Operations Supervisor position from Liberty Utilities, and Utilities Manager position from the City of Carlsbad. Currently, Angel is serving the City of Huntington Park as Inspector in CIP2019-02 Slauson Avenue Congestion Relief Project.
Oranos Mekwian | Associate Engineer
Oranos has assisted in several construction projects for LCG including the $1.2 million USEPA/CDBG Funded Sewer Replacement Project in the City of Maywood, Walnut/PCH Street Improvements and Palos Verdes Drive North/ Western Project (signalization coordination with Caltrans) in the City of Lomita, Four (4) Fire Stations Driveway Aprons Improvements Project in the City of Compton, and CIP2019- 02 Slauson Avenue Congestion Relief Project in the City of Huntington Park. She assisted in Private Development and CIP Plan Review such as grading, street, sewer, storm drain, erosion control, and was instrumental in developing a Sewer Service Charge, FOG Program, and assembling a GIS map to present to Los Angeles Regional Water Quality Control Board (LARWQCB) to demonstrate the compliance in the City of Maywood.
12 www.ladayucg.com
[email protected]
EXPERTISE
City Engineering
Construction Manager
Project Manager
Resident Engineer
Private Development/Civil Plan
Check Engineer
Land Development/Subdivisions
CIP/Project Management
Sewer/Storm Drain Compliance
EDUCATION
Bachelor of Science in Civil
Engineering, CSULB
Masters in Public Administration,
CSULB
REGISTRATIONS
CA Registered Professional Civil
Engineer | 45710
Registered Environmental
Assessor | 5640 Cal-EPA
Certified Permitting Professional
D11308 SCAQMD
Daniel R. Garcia, PE, REA, CPP
Contract Manager I QA/QC I Part-Time City
Engineer
Daniel is a licensed civil engineer with extensive City Engineering and Public Works experience. He has
over 30 years of public services experience as a City
Engineer, Construction Manager, and periodically as
a Public Works Director. Daniel has served in senior
executive management engineering and public
works positions from the Cities of Huntington Park,
Norwalk, Compton, Maywood, Bell, Chino Hills,
Lomita, Wildomar, Culver City, Costa Mesa,
Solvang, Novato to the City of Los Angeles.
RECENT RELAVANT EXPERIENCE
City Engineer/Project Manager I City of Norwalk
As City Engineer and Project Manager, Daniel
completed the design of the Firestone Bridge over
the San Gabriel River ($23 million HBP Funded)
including obtaining bridge funding from Metro,
implemented 1 -5 Widening City Projects,
represented Norwalk at the Gateway COG, etc.
City Engineer/Construction Manager I City of
Maywood
As City Engineer and Construction Manager for the
City of Maywood, Daniel completed both the 2018
and the 2019 Street Rehabilitation Projects and the
Slurry Projects of the same years. These street
projects covered 90% of the City streets. He was
also responsible for the completion of the $1.2 million Sewer Replacement Project in that City funded with
USEPA and CDBG funds. This sewer project aided
in Sewer Compliance with the LARWQCB.
City Engineer Advisor/Construction Manager
City of Compton
As City Engineer Advisor/Construction Manager,
Daniel implemented the Four Fire Stations
Driveways Aprons Improvement Project in both the
approval process and construction of the project.
Construction Manager I City of Huntington Park
As Construction Manager for the Slauson Avenue
Congestion Relief Project, GIP 2019-02 a 1-710 Early
Action Project (Metro Measure R) as sponsored by
the Gateway Cities Council of Governments, Daniel
obtained an additional $3.8 million and performed
the Constructability Review prior to implementing
Construction Management. Currently, the project is
within budget and schedule.
13 www.ladayucg.com
[email protected]
EXPERTISE
Construction Management
Land Development/Subdivisions
Private Development/Civil Plan Check
Low Impact Development
Drainage(LID)/WQMP/Hydrology
CIP/Project Management
Construction Bid and Award Process
EDUCATION
Bachelor of Science in Civil
Engineering, CSULB
Masters in Military Science, US Army
REGISTRATIONS
CA Registered Professional Civil
Engineer | 37221
NV Registered Professional Civil
Engineer | 11105
AZ Registered Professional Civil
Engineer | 28642
Construction Manager
Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers. His experience has included the management of numerous projects, specifically in Residential, Commercial, and Industrial Developments plan review,
Subdivision Map Act review and Quality Control/Quality
Assurance. Having experience with several agencies as a plan’s reviewer for civil plans, specifically related to grading/drainage, site development including water, streets, sewer and storm drain infrastructure, access improvements, and on- site hydrology and the requirements of the NPDES permits, to include SUSMP’s, WQMP’s, low impact
development (LID), and hydro- modification.
RECENT RELAVANT EXPERIENCE
Construction/Project Manager | County of Orange
For nearly ten years, Ludwig served as Construction/Project Manager in responsible charge of contract construction
services for private development plans related to building & safety grading and drainage, storm drain, sewer, NPDES, WQMP’s, and hydrology reviews for the County of Orange. He is experienced in LID issues and the application to Land Development.
Project Manager | City of Buena Park
For over 12 years, Ludwig served as Contract Project Manager on various public and private development projects to include on-call plan check of drainage and grading plans, demolition plans, and both on- site and off -site civil engineering plans, to include street, storm drain, sewer & water improvements, as well as NPDES, WQMP’s, and hydrology reviews for the City of Buena Park.
Project Manager | City of Hawaiian Gardens
Ludwig provided Hydrology Report review for various private development projects on on- call basis for the City of Hawaiian Gardens. He also developed the Master Plan for Drainage as Program Manager for the City. This study established the capacity of existing storm drains and streets drainage based on a 100- year storm for incorporation into the City’s Low Impact Development Program
Project Manager | City of Villa Park
Ludwig provided Hydrology Report/Drainage Plan review for various private development projects on an on-call basis for the City including grading, street, storm drain, and sewer.
14
14 www.ladayucg.com
[email protected]
EXPERTISE
Project Management
City Engineering
Construction Management
Public Works Director
EDUCATION
Bachelor of Science in Civil
Engineering, CSULB
Master of Science, Management &
Leadership, Pepperdine University
REGISTRATIONS
CA Registered Professional Civil
Engineer | 34293
CA General Engineering Contractor
– “A” | 842227
Project Manager
Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in Santa Monica. Tony is experienced with managing
professional staff including capital improvement programs, coordination of construction in the public right -of-way, construction management, community outreach, grant
management, civil and architectural project development, cost estimating, risk management, cost management, public
counter customer service, permitting and plan checking, disaster recovery, facility and infrastructure planning, mapping, assessment districts, seismic upgrade of essential facilities and communications.
City Engineer | City of Santa Monica
For 19 years, Tony served as City Engineer in the City of Santa Monica. Tony provided leadership to thirty -five
professional staff, including developing organization plans, setting priorities, selecting employees, conducting contract negotiations, counseling, and mediating disputes, evaluating job performance, interpreting policies to resolve design and construction issues, and making final decisions on
engineering matters. He coordinated city engineering issues with federal, state, county, and other local agencies; conferred with the City Manager, City Council members, other
government officials, city staff, public utilities, civic organizations, developers, and neighborhood and business groups. In addition, Tony directed the land development and technical support services related to all public infrastructures.
Tony also oversaw several programs such as accessibility; grant management; disadvantaged business enterprise;
capital improvements, civil and architectural project
development; construction management, claims mitigation, safety, and construction mitigation; community outreach, coordination of construction in the public right of way and public information; cost estimating; risk management, cost management; public counter customer service, permitting and plan check; disaster recovery; consulting services to other departments; facility and infrastructure planning; mapping; assessment district proceedings; seismic upgrade of essential facilities; and telecommunications for the City.
Noteworthy project management and process improvement:
• ADA improvements to public facilities and buildings such as streets, parks, fire & police stations, libraries, theaters, manufactured housing, restrooms, public housing,
parking structures, and civic auditorium
• Developed a pavement management program that
resulted in the best pavement condition in Los Angeles
County.
15 • Developed written project management guidelines and staff training, which resulted in a reduction in construction claims and faster delivery of construction projects.
• Established a LA Superior court trustee program to
augment city staff resulting in greater output and reduced demand for additional city staffing.
• Separately, also negotiated a $10 million reduction in construction claims.
• Management Team Associates Labor Bargaining Unit -
Former President
• Board member - City of Santa Monica Coalition of City Employees - Political Action Committee
• Developed a simplified & streamlined permit process
resulting in less wait time and better customer service.
• Introduced and instituted alternative dispute resolution (ADR) for city engineering contract matters, resulting in a negotiated $5 million payment from the State of
California.
• Introduced project scheduling techniques that resulted in eliminated redundancy, increased coordination, and
improved delivery time.
• He has collaborated with the City Attorney's Office to develop a new contract for design and construction. This effort reduced the contract review time from three months to less than a week.
• Formed a consortium of cities, UCLA, and environment
NGOs whose goal was to develop ways of reducing litter
in Santa Monica Bay. This resulted in best management
practices utilized in Los Angeles and countywide.
• Formed a consortium including Santa Monica & Los
Angeles, Los Angeles Department of Water and Power,
Los Angeles Department of Transportation, and Caltrans
to improve communication and coordination of various
construction projects along Pacific Coast Highway.
Public Works Director & City Engineer | City of Hermosa Beach
For nearly 7 years in the City of Hermosa Beach, Tony
planned, organized, and directed maintenance engineering activities. He also was the City’s Traffic Engineer. He oversaw maintenance and engineering personnel and court trustees assigned to maintenance or repair streets; buildings, parks; street lighting; storm drains; sanitary sewers; and traffic control devices. His projects included sanitary sewer
rehabilitation, storm drain improvement, playground
improvement, building modifications such as interior & HVAC.
He managed the maintenance, design, construction, and
restoration of infrastructure assets throughout the city and managed a staff of thirty employees.
16 www.ladayucg.com
[email protected]
EXPERTISE
Transportation Project Management
Technical Specification Writing
Caltrans Local Assistance Federal-
Aid Process & Project Delivery
Grant and Funds Management
Grant Writing
Federal Transportation
Funding and Financing
Pavement Management -
StreetSaver
EDUCATION
Bachelor of Science, Civil
Engineering University of California,
Davis
REGISTRATIONS
40 Hour Hazardous Material Training
Certification 1998
Grant Administrator
Ann holds over 20 years of experience in the public and private engineering sector as a Project Manager/Engineer.
Her experience includes project management, oversight of design through construction, and funding accountability of various transportation projects. She consistently meets project schedule requirements and stays within project
budgets. She has provided both long/short -term onsite
support and staff augmentation for local agencies. Ann is also knowledgeable with the Federal Aid process for funding state and federal projects as well as securing these grants. Her in - depth knowledge of the Federal Aid process and project
delivery has assisted local cities in planning and implementing projects on time without risking their state and federal funds.
Grant Writing
Ann brings grant opportunities to cities and provides strategies in securing funding for capital projects. In the past 9 years, Ann has contributed to the preparation and submittal of grants which has secured millions of grants for cities in bike and pedestrian improvements, traffic signal improvements,
intelligent traffic systems, pavement rehabilitation, and safe routes to school improvements. She is well verse in
state/federal grant funds including: CMAQ, RSTP,
SRTS/SR2S, HSIP/HRRR, ATP, CDBG, and other locally
administered funds.
Transportation Programming and Federal/State Funding
Administration
Ann brings transportation programming and fed/state funding expertise to local agencies and MPOs. She has worked
extensively with Caltrans Local Assistance, California
Transportation Commission (CTC) and the Federal Highway Administration on state and federally funded projects and programs. Her in -depth knowledge of federal/state funding allows for efficient troubleshooting that results in creative and realistic solutions to overcome obstacles and deliver projects.
Ann has managed millions of dollar projects providing
oversight on federally funded projects, from design to
construction and project close out. By understanding the network of transportation funding policies and programming in both the local, state and federal level, Ann is able to navigate and plan for projects to be constructed on time as well as optimizing available funding.
Specific services have included:
• Development and implementation of project budget
and project tracking
17 • Project delivery through Caltrans
Environmental/NEPA, Right of Way approval, Design,
and Construction phase, including Federal
Authorization Approval, CTC Allocation Request,
Invoicing submittals, Contract procurement for design
and construction, Project reporting and Final
Expenditure Report.
• Assist Cities with financial audit and reporting from Caltrans
• DBE assistance, implementation and goal calculation
• Recommend FTIP Amendments for project planning
and delivery
• Recommend funding obligations and de-obligations
to ensure projects maximize funding opportunities
• Assist in the development and review of MPOs’
CMAQ funding guidelines
• Assist MPOs in federal programming procedures and
“Calls for Projects”
18 www.ladayucg.com
[email protected]
EXPERTISE
Landscape Architect
Landscape C-27 Contractor
Parks Division Manager
Park Planning Division
Landscape Supervisor
Project Manager
EDUCATION
Masters in Professional
Designation Landscape
Architecture Certificate, UCLA
Bachelor in English Literature,
CSUDH
Construction Management
Certificate Program, CSUDH
AutoCAD Release 14 Operator
Certification. CSULB
REGISTRATION/LICENSE
CA Registered Professional
Landscape Architect | 4440
Landscape Contractor License
(C-27) | 418109
Patrick J. Reynolds, PLA
Landscape Architect
Patrick is a Professional Landscape Architect, Landscape C - 27 Specialty Contractor, Project Manager, Certified Irrigation Auditor, CEQA and NEPA Certification. Patrick is a Specialist with forty-five years of experience in all aspects of landscape and irrigation plan checking review, the design, project management, construction of new and existing public, private, residential, commercial, urban, park and open space
developments; park master planning; land acquisitions; trails design and construction; preparing Environmental Documents and Reports, environmental preservation and restoration; historical preservation projects, and an expert witness.
RECENT RELAVANT EXPERIENCE
City Landscape Architect I City of Alhambra
As the City's current licensed Landscape Architect, Patrick is responsible in landscape and irrigation plan checking
(MWELO compliance), provide landscape site inspection, tree removal and arborist report reviews, and approvals for all City's Community Development and GIP projects.
City Landscape Architect I Park Planning Division I City of Culver City
As the City's licensed Landscape Architect, Patrick was responsible for plan checking landscape and irrigation plans, provide in -house design- build construction services on all park capital improvement projects, deferred maintenance and unmet needs projects in the City of Culver City. Hire and manage outside consultants to provide design services,
where appropriate. Lead Consultant in conducting the Culver City Parks 25 Year Master Plan. Duties included conducting community meetings, community design charettes, recording community input, research, analysis of existing conditions and unmet needs, design strategies for the data compiled for future parks and open space opportunities in the city. The second phase being the Implementation Plan through a joint collaboration partnerships. Implemented a Playground Safety Program that, to date, has inspected, audited, scoped, and prioritized all the city's playgrounds for replacement, refurbishment and/or retrofitting. Constructed 10 new
inclusive playgrounds in twelve years. Instituted the first Playground Safety Program in the City.
Parks Division Manager I City of Culver City
As Park Division Manager, Patrick was in charge of all aspects of parks planning, construction, operations and maintenance, including plan checking landscape and irrigation plans, all administrative duties for the 10 City parks and open space in the city.
19 www.ladayucg.com
[email protected]
EXPERTISE
Inspector
Water Supervisor
Water Utilities Manager
Operations Supervisor, Production
Utilities Manager
Water System Supervisor
Storm Water Management
Construction Management
Public Works Construction
EDUCATION
Water Technology & Business
Courses, Mt. San Antonio College,
Walnut
Public Works Inspection, MSA
Construction Management
(CalTrans), CMIA-ABC
REGISTRATIONS
Water Distribution Operator - 5 |
6077
Water Treatment Operator - 2 |
18704
Angel Quintero
Inspector
Angel is currently the Inspector on the Slauson
Avenue Congestion Relief Project in the City of
Huntington Park, an 1- 710 Early Action Project. He
has over 28 years of public services experience and
is a licensed Water Distribution Operator with
extensive experience as a Water Utilities Manager
and Water Supervisor. Angel has Storm Water
Management experience including Construction
Management and Public Works Construction
Inspection expertise. He has served as an Inspector
and as Water Supervisor position from City of
Torrance, Water Utilities Manager position from City
of Covina, Operations Supervisor position from
Liberty Utilities, Utilities Manager position from City of Carlsbad, and Water Systems Supervisor position
from City of Pico Rivera.
RECENT RELAVANT EXPERIENCE
Inspector I City of Huntington Park
As the Inspector for the Slauson Avenue Congestion
Relief Project, Angel is responsible for the daily
reports, monitoring Best Management Practices
(BMPs), contractor's schedule and documentation of
the work in progress. This includes compiling
quantities as the contractor removes and installs
improvements on the project. He will also be
reponsible for managing the punch list when the
project is close to complete in a few months.
Public Works Programs Inspector I City of Pico
Rivera
As Public Works Program Inspector, Angel was
responsible for inspection of production facilities and programs. This included reservoirs, raw water
treatment systems, well development and
maintenance, electrical drives, motors, MCC's,
interconnections and SCADA systems. As the Chief
Operator, he signed off/approved the quantity and
quality of water delivered to the City.
Water Supervisor I City of Torrance
As Water Utilities Manager, Angel was responsible
for Construction projects, Systems and
Programming of water transmission infrastructure
maintenance, repair, replacement, valve excercise
and flushing programs. He is also experienced in
budget preparation and administration.
20 www.ladayucg.com
[email protected]
EXPERTISE
Associate Engineer
Construction Mgmt. Assistant
Land Development/Subdivisions
Sewer/Storm Drain Compliance
CIP/Project Management
Report Writing
EDUCATION
Masters in Industrial Chemistry,
King Mongkut’s University of
Technology, Thonburi, Thailand
Bachelor of Science in
Biotechnology, Khon Kean
University Thailand
Oranos has experience in supporting Construction
Managers in Capital Improvement Projects. She has
supported Construction Managers with projects in
the Cities of Huntington Park, Compton, Lomita,
Maywood, Wildomar and many others.
RECENT RELAVANT EXPERIENCE
Associate Engineer I City of Huntington Park
As Associate Engineer, Oranos is responsible for
supporting the constructability review and
construction management activities on the Slauson
Avenue Congestion Relief Project, GIP 2019- 02 by
assisting with field assessments, calculations,
document review, keep track and log on all the
construction documents, daily report assistance and
administration.
Associate Engineer I City of Compton
As Associate Engineer, Oranos was responsible for
assisting the City with the Four (4) Fire Stations
Driveways Aprons Improvement Project and the
Compton Boulevard Improvement Project. She has
assisted by maintaining records, producing minutes,
organizing logistics, assisted in the preliminary
engineering and providing construction management
support.
Associate Engineer I City of Lomita
As Associate Engineer in the City of Lomita, Oranos
was responsible for assisting the City with the
Intersection Improvement at Western Avenue/Palos
Verdes Drive North and Pacific Coast
Highway/Walnut Street Project. She assisted the
Construction Manager by maintaining records,
producing minutes, organizing logistics, assisted in
the preliminaly engineering and providing
construction management support.
Associate Engineer I City of Maywood
As Associate Engineer, Oranos assisted the
Construction Manager in USEPA/CDBG Sewer
Replacement Project (1.2 million), assisted in sewer
compliance services including establishing a Sewer
Service Charge, implementing a Fats, Oils and
Grease Program (FOG), completing a Sanitary
Sewer Management Plan (SSMP) and Sewer Master
Plan.
Oranos Mekwian
Associate Engineer
21 Proposed Scope of Services
I. Approach for Tasks and Scope of Services
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
As shown in Section 1V Project Organization Chart/Work Plan, LCG's Team’s approach to meet the objectives of the Scope of Services are as follows:
Daniel R. Garcia, PE, REA, CPP | Contract Manager, QA/QC As Contract Manager and QA/QC, Daniel will provide these following services to the City:
• Provide additional resources when requested or resolve any issues with the contract implementation.
• Provide QA/QC relative to the deliverables.
Daniel R. Garcia, PE, REA, CPP | Part-Time City Engineer As Part-Time City Engineer, Daniel will provide these following services to the City:
• Provide City Engineering Services – Part-Time staff augmentation.
Ludwig I. Smeets, PE | Construction Manager
As Construction Manager, Ludwig will provide these following services to the City:
• Provide Bid Administration, and Construction Management, for sewer, water, storm drain, traffic signal and street improvements.
• Provide construction management services for repair and replacement of City infrastructure. Construction management activities which include, but are not limited to, planning, preparing and communicating schedules and progress of project activities and expenditures, assisting others in establishing project schedules and milestones, setting and evaluating progress on project tasks. • Manage and closely monitor CIP budgets to ensure that projects are delivered in a timely manner and within the approved budget. Prepare and review invoices for construction projects, prepare change orders and process invoices. • During construction, make on-site visits; review material submittals, shop drawings and test results; respond to Request for Information (RFI); draft change orders; assist city staff with contract negotiations; and review pay estimates.
Tony Antich, PE | Project Manager
As Project Manager, Tony will provide these following services to the City:
• Assist City staff in processing paperwork and/or Projects through Caltrans Local Assistance, Caltrans Permits, other Caltrans Departments, County of Los Angeles, Metro, and other agencies for federal and state funded projects.
22 City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
• Review correspondence from state and federal permitting agencies that require response or action from City Public Works staff.
• NPDES/MS4 compliance.
• Manage all the subconsultants.
Ann D. Herner | Grant Administrator
As Grant Administrator, Ann will provide these following services to the City:
• Developing an overall grant outline; working with appropriate Department staff and team to determine writing assignments, including providing an estimate of how much City staff time will be needed at the beginning of each project.
Patrick J. Reynolds, PLA | Landscape Architect
As Landscape Architect, Patrick will provide these following services to the City:
• Provide Architecture and Landscape Architecture Services.
Angel Quintero | Inspector
As Inspector, Angel will provide these following services to the City:
• Provide Inspection services if requested and as needed for capital Improvement projects such water treatment facilities, sewer, water, storm drain, traffic signals, street improvements.
Oranos Mekwian | Associate Engineer
As Associate Engineer, Oranos will provide these following services to the City:
• Provide construction management support.
• Assist with obtain all record (As-Built) drawings, contract required documents, lien releases, and written warrantees.
• Coordinate collecting all documents needed for project closure including guarantees, warranties, O&M manuals, affidavits, released bonds and waivers, etc.
• Assist Construction Manager prepare the weekly construction progress agendas, sign-in sheets, and minute of meetings.
• Tracking and log all the construction documents.
23 II. Major Tasks for Construction Management Projects
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
JMD Engineering | Design Services Subconsultant
As Design Services Subconsultant, JMD Engineering will provide these following services to the City:
• Preliminary engineering design concepts, studies, reports, final engineering design of capital projects for bidding purposes (final plans, engineering estimate and plans (PS&E). Activities may include but are not limited to the review of third-party plans and specifications.
• Oversee the preparation of technical reports and designs for approval/acceptance by the City Engineer.
• Provide engineering services including preliminary studies, public outreach, drawings, exhibits.
Ninyo & Moore | Geotechnical and Material Testing Services Subconsultant As Geotechnical and Material Testing Services Subconsultant, Ninyo & Moore will provide these following services to the City:
• Provide geotechnical engineering and material testing services and all material source inspection, sampling, and testing if requested by the City.
Coast Surveying, Inc. | Surveying Services Subconsultant As Surveying Services Subconsultant, Coast Surveying, Inc. will provide these following services to the City:
• Provide survey landscape services if requested by the City.
BPR Consulting Group | Electrical and Structural Engineering Services Subconsultant
As Electrical and Structural Engineering Services Subconsultant, BPR Consulting Group will provide these following services to the City:
• Provide electrical and structures services if requested by the City.
For construction Management (CM) projects, after a Notice to Proceed (NTP) is issued by the City to the Contractor, the Construction Manager would implement these following tasks/activities:
• Setup and schedule a Pre-Construction Meeting
• Gather the construction schedule from the Contractor at that meeting • Discuss the reporting procedures and important protocols for construction • Assist with any ribbon cutting ceremony/document event, if have any
24 • Gather a punch list to close out the contractor’s obligations on the project • Begin preparing State Audit documents
• Work with the City Project Manager to close-out the project and Notice of Completion (NTC) to be submitted and approved by City Council These activities should happen during the construction days scheduled for the project.
III. Typical Project Schedule/Milestones of Major Tasks for CM Projects A typical project schedule of a similar type of project detailing the various activities and milestones of major tasks is shown on Page 25.
IV. Conflict of Interest Statement (Non Collusion)
Ladayu Consulting Group does not have any financial, business, or other relationship with the City that may have an impact upon the selection process.
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
• The construction days will begin once the NTP is issued • Inspector to provide daily construction reports with pictures • Construction Manager to provide weekly reports to the City by the following Mondays
• Keep the City informed of any milestones or important updates on the project on a regular basis
10/28/25
Ladayu Phaphan, President Date
Task and Description Weeks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Notice to Proceed
Project Coordination
Project Management
Conceptual Phase
Meetings
Kick-off Meeting
Bi-Monthly Meetings
Suyvey
Project Bids Sheet
Project Site Preview
Schematic Design
Conceptual Plan
Preliminary Design Phase
Meetings
Bi-Monthly Design Meetings
Preliminary Designs
Prelim Option of Prorated Construction Costs
Construction Phase
Meetings
Bi-Monthly Design Meetings
Final Design Review Meeting
Construction Plans
Specifications
Update Opinion of Prorated Const. Costs
City Plan Check Submittal and Review
Address City Plan Check Comments
Develop Bid Documents
Design Completion
Bid Phase
Define Criteria, RFI Meetings and Evaluation
RFI Responses
Pre-Bid Meeting
Bid Evaluation
Finalize Bids and Award Contract
Construction Observation
Groundbreaking START OF CONSTRUCTION
Pre-Construction Meeting
Weekly Site Visits
Respond to RFIs and Review Submittals
Construction Punch List
Substantial Completion
Typical Project Schedule/Milestones of Major Tasks for CM Projects
26 Cost Proposal
City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
The rates displayed in the fee schedule below reflect LCG’s current fees and will be in effect during the term of the agreement, which include travel, shipping, supply, and printing/material costs (no separate charges for these items). Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations (such as frozen during the term of this agreement by the term of this five-year contract).
LCG COST PROPOSAL (PRIME)
Position Classification Hourly Billing Rate
1 Part-Time City Engineer $ 200.00
2 Construction Manager $180.00
3 Project Manager $180.00
4 Landscape Architect $180.00
5 Grant Administrator $160.00
6 Inspector $160.00
7 Associate Engineer $110.00
Key Personnel and possible staff augmentation personnel are noted in the hourly rates above. No other adjustments are anticipated.
JMD ENGINEERING COST PROPOSAL
(DESIGN SERVICES SUBCONSULTANT)
Position Classification Hourly Billing Rate
1 Design Engineer $150.00
2 Associate Design Engineer $130.00
3 Land Surveyor Assistant $120.00
27 City of Montebello
RFP 25-06 – On-Call Engineering and Architectural Services
BPR COST PROPOSAL
( ELECTRICAL AND STRUCTURAL SERVICES SUBCONSULTANT)
Position Classification Hourly Billing Rate
1 Building Plan Check Project Manager $170.00
2 Licensed Plan Review Engineer
(structural, civil, electrical, mechanical) $155.00
3 ICC Certified Plans Examiner $130.00
4 CASp Plans Examiner $135.00
■ Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. ■ Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 150% of the above noted hourly rates. ■ Mileage: Vehicle mileage utilized in the performance of inspection services will be billed at the current IRS vehicle mileage rate.
COAST SURVEY COST PROPOSAL
(SURVEYING SERVICES SUBCONSULTANT)
Position Classification Hourly Billing Rate
1 Principal-in-charge, PLS $278.00
2 Survey Manager, PLS $221.00
3 Project Surveyor, PLS $192.00
4 Field Coordinator $175.00
5 Survey Technician $147.00
6 2 Person Survey Party w/Equipment $330.00
■ These hourly rates are effective through December 31, 2024. The hourly rates thereafter are subject to an annual escalation of 3.00% on January 1st of each following year. ■ Coast is signatory with Local 12, Operating Engineers, and will follow the Union rules concerning the payment of Regular Rates, Overtime Rates, and Double Time Rates. ■ Overtime rates are payable at 1.25 times the regular rate in effect at that time. ■ Double time rates are payable at 1.50 times the regular rate in effect at that time. ■ Costs for monuments, prints, research materials, and other incidental or special supplies will be billed at cost.
NINYO & MOORE COST PROPOSAL
(MATERIAL TESTING SERVICES SUBCONSULTANT)
See Ninyo & Moore Cost and Pricing in the following pages.
28 Ninyo & Moore | City of Carson On-Call CM and Inspection | S04-04167 | July 2023 CA15
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 220 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 210 Senior Project Engineer/Geologist/Environmental Scientist.................................................................................... $ 200 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 195 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 180 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 165 GIS Analyst............................................................................................................................................................... $ 145 Technical Illustrator/CAD Operator .......................................................................................................................... $ 120 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 200 Field Operations Manager........................................................................................................................................ $ 130 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 125 Supervisory Technician ............................................................................................................................................ $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................. $ 115 Senior Technician..................................................................................................................................................... $ 115 Technician ................................................................................................................................................................ $ 110 Administrative Staff
Information Specialist ............................................................................................................................................... $ 100 Geotechnical/Environmental/Laboratory Assistant.................................................................................................. $ 100 Data Processor......................................................................................................................................................... $ 80 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician)............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer.......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit............................................................................................................................................... $ 65/kit Nuclear Density Gauge........................................................................................................................................ $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8 -hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
29 Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883................................................... $ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ...............................$ 850 Consolidation, D 2435, CT 219................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 ..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080............................................................ $ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080......................................................... $ 300 Flexural Test, CT 523 ...................................................................................$ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 .................................................................. $ 2,000 Geofabric Tensile and Elongation Test, D 4632...................................... $ 200 Restrained Expansion of Shrinkage Compensation...................................$ 450 Hydraulic Conductivity, D 5084................................................................. $ 350 Splitting Tensile Strength, C 496 .................................................................$ 100 Hydrometer Analysis, D 6913, CT 203..................................................... $ 220 3x6 Grout, (CLSM), C 39..............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109..................................................................$ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................ $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec........................................................$ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 ....................$ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................$ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 .........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297........................................................... $ 550 Moisture Content, CT 370 ............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371.............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 ..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................ $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 .............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 ..............................................$ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3.....................................................$ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140................................. $ 70 Cleanness Value, CT 227 ............................................................................$ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 ..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791............................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123.........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109 ................................. $ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 Masonry Prism, Full size, compression, C 1019...................................... $ 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 ....................$ 950 Chemical Analysis, A 36, A 615................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6.......................................................... $ 90 Sand Equivalent, T 176, CT 217..................................................................$ 125 Hardness Test, Rockwell, A 370............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 per assembly, A 325............................................................................. $ 150 Sodium Sulfate Soundness, C 88................................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 Pre-Stress Strand (7 wire), A 416............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370......................... $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 .....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67.................................................$ 250
Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
Exhibit “C”
LAPM Appendices A and E
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non- discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
[End of Exhibits]
Ladayu Consulting Group Professional Services
Agreement No. 4249
Final Audit Report 2024-12-04
"Ladayu Consulting Group Professional Services Agreement No. 4249" History
Document created by Alexis Lucero ([email protected]) 2024-11-20 - 7:41:18 PM GMT
Document emailed to Daniel Garcia ([email protected]) for signature 2024-11-20 - 7:41:54 PM GMT
Email viewed by Daniel Garcia ([email protected])
2024-11-20 - 10:56:40 PM GMT
Document e-signed by Daniel Garcia ([email protected]) Signature Date: 2024-11-20 - 11:04:05 PM GMT - Time Source: server
Document emailed to Raul Alvarez ([email protected]) for signature 2024-11-20 - 11:04:10 PM GMT
Email viewed by Raul Alvarez ([email protected]) 2024-11-21 - 10:07:33 PM GMT
Document e-signed by Raul Alvarez ([email protected]) Signature Date: 2024-11-21 - 10:08:05 PM GMT - Time Source: server
Document emailed to Arnold M. Alvarez-Glasman ([email protected]) for signature 2024-11-21 - 10:08:10 PM GMT
Email viewed by Arnold M. Alvarez-Glasman ([email protected]) 2024-12-04 - 2:57:57 AM GMT
Document e-signed by Arnold M. Alvarez-Glasman ([email protected]) Signature Date: 2024-12-04 - 2:58:24 AM GMT - Time Source: server
Created:
By:
Status:
2024-11-20
Alexis Lucero ([email protected])
Signed
Transaction ID:
CBJCHBCAABAAbVcHDWSGxMmouNi3-RcaOW4_n9EAIwkE
Document emailed to Christopher Jimenez ([email protected]) for signature 2024-12-04 - 2:58:28 AM GMT
Email viewed by Christopher Jimenez ([email protected]) 2024-12-04 - 3:50:50 AM GMT
Document e-signed by Christopher Jimenez ([email protected]) Signature Date: 2024-12-04 - 3:51:27 AM GMT - Time Source: server
Agreement completed.
2024-12-04 - 3:51:27 AM GMT
ITEM # 14
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 EXEUCTION OF UNITED STATES REAL ESTATE AGREEMENT NO. 4476 (DACW09-9-25-9164) WITH THE UNITED
STATES ARMY CORPS OF ENGINEERS
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to execute United States Real Estate Agreement No. 4476 (DACW09-9-25-9164) with the US Army Corps of Engineers and all applicable exhibits and forms that accompany the agreement in good faith; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Approval of United States Real Estate Agreement No. 4476 (DACW09-9-25-9164) will allow for reimbursement of eligible City expenses totaling up to $140,000 related to the Whittier Narrows Dam project. Reimbursable expenses include, but are not limited to, coordination of planned service interruptions, required inspections and permits, plan checks, acceptance of completed work, and other costs reasonably allocable to the relocation of Lincoln Avenue required as part of the Federal dam project.
The United States Army Corps of Engineers (USACE) will reimburse the City for actual eligible costs incurred and charged, under project code 100.108.10 (Whittier Narrows Dam Safety Modification, General Fund). Exhibit B of the Agreement provides a detailed breakdown of reimbursable cost categories. No fiscal impact to the City is anticipated, provided costs remain within the reimbursable amount and consistent with the terms of Agreement No. 4476 (DACW09-9-25-9164) (Attachment A). Staff will submit reimburssement requests on a regular basis to USACE.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
BACKGROUND/DISCUSSION:
The Whittier Narrows Dam was constructed in 1957 as an integral component of the Los Angeles County Drainage Area system of dams and channelized rivers authorized by Congress under the Flood Control Act of 1936. The dam plays a critical role in regional flood risk management and reduces flood risk to approximately 1.25 million people in surrounding communities.
The United States Army Corps of Engineers (USACE), which owns and operates the dam, has identified potential failure modes associated with the facility, including risks related to foundation seepage that could cause erosion beneath the structure during high reservoir conditions and the possibility of overtopping during extreme storm events.
Either condition could result in dam failure and significant downstream flooding. USACE has determined that these risks expose downstream communities to unacceptable levels of flood risk.
In response, USACE has initiated the Whittier Narrows Dam Safety Modification Project to address seepage concerns, reduce overtopping risk, and improve the long-term structural integrity and reliability of the dam. Implementation of the project will affect infrastructure within the vicinity of the dam, including Lincoln Avenue. The City holds certain easement rights-of-way for roadway purposes and operates and maintains Lincoln Avenue in this area. To accommodate the federal safety improvements, a portion of Lincoln Avenue must be relocated to the south of its current alignment on land owned by USACE. The City has participated in plan checks and review services for the realignment of Lincoln Avenue and continues their cooperation with USACE.
United States Real Estate Agreement No. DACW09-9-25-9164 establishes the property rights and coordination framework necessary to complete the roadway relocation. The Agreement also provides for reimbursement to the City, as detailed in Exhibit B, for eligible costs incurred in connection with the relocation effort.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Execution of United States Real Estate Agreement No. 4476 (DACW09-9-25-9164) (Attachment A) will formalize the arrangements necessary to relocate a portion of Lincoln Avenue and allow the Whittier Narrows Dam Safety Modification Project to proceed. The Agreement provides for reimbursement to the City of up to $140,000 for eligible costs associated with coordination, inspections, permits, service interruptions, and acceptance of completed work related to the roadway relocation. Approval of the Agreement supports
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
a federally led effort to reduce regional flood risk while ensuring continuity of public roadway access and protecting the City’s fiscal interests. Therefore, staff recommends City Council authorize the City Manager to execute the Agreement and all applicable forms on the City’s behalf.
ATTACHMENT(S)
1. Attachment A - WNDS Lincoln Ave Relocation Agreement DACW09-9-25-9164 Final
C
ITY OF MONTEBELLO
PR
OFESSIONAL SERVICES AGREEMENT NO. 4476 –BETWEEN THE CITY OF
MONTEBELLO AND UNITED STATE ARMY CORPS OF ENGINEERS
WHITTIER NARROWS DAM SAFETY MODIFICATION PROJECT AGREEMENT DACW09-9-25-9164
ATTACHMENT A
Real Estate Contract No. DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Utility Relocations
Los Angeles County, California
AGREEMENT WITH THE CITY OF MONTEBELLO FOR RELOCATION,
REARRANGEMENT OR ALTERATION OF FACILITIES
(GOVERNMENT PERFORMED/OWNER EXPENSES COST-REIMBURSABLE)
THIS ("Agreement") entered into this ____ day of ____, 20__, between the UNITED STATES OF AMERICA ( hereinafter called “Government”), represented by the Real Estate Contracting Officer executing this contract and the CITY OF MONTEBELLO, Los Angeles County, State of California (hereinafter called the “Owner”). The Owner and the Government together are referred to as the “Parties”.
WITNESSETH, that:
WHEREAS, the Government has, under authority of the Flood Control Act of 1941, Public Law 77-228, 377, 55 Statute 638 (1941) undertaken the development of a flood control project known as the Whittier Narrows Dam Safety Modification Project (referred to as the “Project”); and
WHEREAS, $424,691,000 has been authorized for the Project substantially in accordance with the Whittier Narrows Dam Safety Modification Report approved 28 August 2019; with $4,300,000 authorized under PL 115-244 in 2019, $8,300,000 under PL 116-94 in 2020, $192,500,000 under PL 116-220 in 2021, and $219,591,000 under PL 117-103 in 2022; and
WHEREAS t he Owner is the holder of certain Easement for Right of Way for roadway purposes dated October 9, 1957 (“Easement”) appurtenant on which the Owner has constructed and is operating and maintaining certain facilities, consisting of a public road known as Lincoln Avenue, hereinafter referred to as “Facility,” which will be affected by the development and use of the Project by the Government; and
WHEREAS, the Project will necessitate the relocation of a portion of Lincoln Avenue to the south as further described in Exhibit A hereinafter referred to as “Relocation,” (Relocation is used interchangeably with “Substitute Facility”) which shall all occur on Government lands; and
WHEREAS it is necessary in the construction, completion, and use by the Government of said Project that the aforementioned rights and privileges of the Owner be modified and that said Facility of the Owner be modified; and
WHEREAS, the Owner agrees to the Relocation at Government expense in accordance with 2 CFR 200, Subpart E for all reasonable, allocable and allowable costs of the Relocation in such a manner as to facilitate the construction, development, and use of the said Project and agrees to the
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
2 provision by the Government of a new or amended easement that in the future will permanently subordinate Owners rights to the rights of the Government to use the property for Project purposes; and the Owner agrees that said consideration constitutes full, just and complete compensation for the Relocation:
NOW, THEREFORE, in consideration of the faithful performance of each party of the mutual covenants and agreements hereinafter set forth, it is mutually agreed as follows:
Article 1. Obligations of the Government.
(a) Subject to the availability of funds, and subject to the provisions contained in this Agreement, the Government agrees to perform at its sole expense the Relocation described in Exhibit “A”, at the place shown on the drawing(s) and in the manner prescribed by the P lans and Specifications, approved by the Owner prior to the commencement of the Relocation. The total estimated cost to the Government to construct and complete the Relocation is $42,576,167.94 and shall not exceed that amount unless additional funds have been appropriated. Nothing contained in this Agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies, or to otherwise require obligations or payments in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341.
(b) Government shall make such necessary surveys and prepare such drawings, schedules, and specifications in connection with the Relocation as may be required.
(c) Government shall furnish, subject to the conditions hereinafter stipulated, all services, labor, materials, tools, equipment, permits and licenses necessary and essential to the reconstruction, Relocation, rearrangement, and/or alteration of the aforesaid facilities. The Relocation shall be constructed through standard Government procedures.
(d) Any drawings, maps, and specifications which may be furnished by the Government shall be subject to approval by the Owner or its authorized representative before any work to which they relate is performed. Any required approval by Owner shall be granted in writing prior to the commencement of work on the Relocation , or within 10 calendar days of receiving the plans.
(e) Government shall issue an appropriate instrument to modify the Owner’s existing rights by removing the rights of way to the O ld Road as that term is defined in Exhibit A and adding rights of way to the New Road as that term is defined in Exhibit A. Such modification may be accomplished by an amendment or new Easement as deemed appropriate by the Government upon completion of alteration of Owner’s Facility.
Article 2. Obligations of the Owner.
(a) The Owner agrees to provide timely responses to Government submittals and requests for approval. If any approval is required on the part of the Owner during the Pre -Construction Services Contract, Owner will complete its review and provide written approva l, or if Owner
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
3 does not approve, written comments explaining the non-approval, within 14 calendar days of receiving the request for approval from the Government. Subsequent of the Construction Option award, the Owner will complete its review and provide written approval, or if Owner does not approve, written comments explaining the non -approval within 7 calendar days of notice of availability of any construction submittals for the Relocation or any subsequent request for approval from the Government. Any failure to provide approval or comments that causes a delay of more than 10 calendar days beyond their respective 14 calendar day and 7 calendar day limits shall constitute a waiver of Owner’s right to approve, deferring to the Government’s best judgment in completing the Relocation. Whether prior or subsequent to award of the Construction Option, any failure by the Owner to comply with the above stated limits shall constitute a waiver of Owner’s right to approve or withhold approval, deferring to the Government’s best judgment in completing the Relocation.
(b) The Owner agrees and in accordance with Article 4 has provided the Government an estimate of its reimbursable expenses that are reasonably allocable to the Relocation and, with the Government’s concurrence, is included in Exhibit “B” and hereto incorporated into th is Agreement.
(c) The Owner shall, to the extent practicable, maintain separate cost records of its reimbursable expenses incurred because of, and related directly to, this Relocation Agreement.
(d) The Owner shall be responsible to obtain all necessary permits and licenses which must be directly acquired by the facility owner; obey and abide by all applicable laws, regulations, ordinances, and other rules of the United States of America, of the State, or political subdivision thereof wherein the work is done, or of any other duly constituted public authority.
(e) The Owner, without additional consideration, shall permanently subordinate its rights to the rights of the Government to use the property for Project purposes upon completion of the relocation and issuance of either a new easement or an amendment to the Easement by the Government.
(f) The Owner, without additional consideration, shall quitclaim all right, title and interest to the Old Road as that term is defined in Exhibit A upon completion of the relocation and issuance of either a new easement or an amendment to the Easement.
Article 3. Betterments.
The Owner agrees that the improvement, reconstruction and maintenance set forth in this contract will provide the Owner with facilities equal in service and utility to those now in existence and that if the Owner desires any improvement in design, construction, or capacity over and above what is required to provide facilities of equal service and utility, such improvement shall constitute a betterment and will be paid for by the Owner; provided, however, that the term "Betterments" will not be deemed to include more costly construction or design necessitated solely as a result of the improvement, reconstruction and maintenance. Betterment requests will be evaluated by the
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
4 Government on a case- by-case basis and will be approved or denied at the sole discretion of the Government.
Article 4. Estimate of Reimbursable Owner Expenses.
The total estimated owner expenses reimbursable relating to this Relocation are estimated at $140,000 and further specified in Exhibit “B”. This estimate includes the coordination of planned service interruptions, required inspections and permits, acceptance of completed work, and other costs reasonably allocable to the Relocation. The estimate may be revised as necessary upon the mutual written concurrence of the P arties. Within 60 days following the execution of this agreement, and the receipt of invoices and other agreed upon evidence, the Government shall pay the Owner actual incurred costs, pursuant to the cost estimate attached as Exhibit “B.” The estimated cost of $140,000 may be amended by mutual written concurrence of the parties.
Article 5. Reimbursement and Method of Payment.
Subject to the availability of funds , Government shall reimburse the Owner for all reasonable, allocable and allowable costs expended in connection with the Relocation as identified in Exhibit “B”, The Government shall reimburse the Owner for such costs within 90 calendar days of receipt of invoices, supported by such evidence of expenses by the Owner as may be required by the Government under the terms of this Agreement. Payment shall be remitted to Owner’s representative designated herein or by other method agreed to in writing by the Parties. It is understood and agreed that the Government is in no case liable for damages in connection with this Agreement on account of delay in payments to the Owner due to lack of available funds.
Should any costs claimed by Owner be reduced by the Government, the Government will provide a written explanation for such reduction within 90 calendar days to enable Owner to correct deficiencies before any resubmission.
Article 6. Ownership and Conduct of Work.
(a) The Owner’s facilities relocated pursuant to this Agreement shall be the property of the Owner.
The Government shall be responsible for all materials furnished and work performed by it or its contractors in conjunction with the Relocation at the Government’s sole cost and expense.
(b) The Parties acknowledge and agree that completion of the Relocation Work is contingent upon mutually acceptable schedules, available resources, the timely obtaining of permits, licenses, real property rights, and other necessary documents, outages or other key items and not being delayed by those forces described herein. The Parties shall work cooperatively and in good faith to timely meet all mutually acceptable schedules and to minimize delays.
(c) The Government may award other contracts for additional or other work in connection with the same project or in the same vicinity. The Owner shall conduct operations so as to cooperate fully with any such work being performed by the Government and/or Government contractors and shall carefully fit its own work to that provided under other contracts as directed by the Government's authorized representatives. The Owner shall not commit or
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
5 permit any act which may interfere with the performance of any such work by the Government and/or any Government contractor.
Article 7. Interference.
The Owner agrees that, so long as the street is operated and maintained as provided for in its easement, the Relocation pursuant to this agreement shall not be further altered or modified nor other facilities constructed by the Owner, so as to interfere with the operation of the Project.
Article 8. Inspection and Acceptance.
The Owner shall have the right to inspect the work to be performed hereunder at any time during its progress and to make final inspection upon completion thereof. Failure of the Owner to object within 30 days after final inspection shall indicate satisfactory performance of the agreement by the Government.
Article 9. Release.
The Owner agrees, on completion of the alteration or Relocation work provided for herein, to accept said substitute facilities and/or payment of the consideration provided for herein as full and just compensation for any and all damages that have been caused to the facilities altered or relocated hereunder and does hereby release the Government from any and all causes of action, suits at law or equity or claims or demands, and from any liability of any nature whatsoever for and on account of any damages to said right of way and facilities relocated or altered hereunder.
Article 10. Indemnification.
The Owner shall hold and save the Government free from all claims, liabilities, and damages arising from the design and construction of the Facility to be adjusted, altered or relocated including any betterments, except for damages due to the fault or negligence of the Government or its contractors, employees, agents or invitees.
Article 11. Covenant Against Contingent Fees.
(a) The Owner warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
6 itself out as being able to obtain any Government agreement or contracts through improper influence.
(c) "Bona fide employee," as used in this clause, means a person, employed by an owner and subject to the owner's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government agreements or contracts nor holds out as being able to obtain any Government agreement or contracts through improper influence.
(d) "Contingent fee," as used in this clause, means any commission, percentage, or other fee that is contingent upon the success that a person or concern has in securing a Government agreement or contract.
(e) "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government agreement or contract on any basis other than the merits of the matter.
Article 12. Officials Not to Benefit.
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit arising from it. However, this clause does not apply to this Agreement to the extent that this Agreement-is made with a corporation for the corporation's general benefit.
Article 13. Gratuities.
(a) The right of the Owner to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Owner, its agent, or another representative—
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain an agreement or a contract or favorable treatment under an agreement or contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this Agreement is terminated under paragraph (a) above, the Government is entitled—
(1) To pursue the same remedies as in a breach of the Agreement or contract; and
(2) In addition to any other damages provided by law, exemplary or punitive damages, not less than three nor more than ten times the cost incurred by the Owner in giving gratuities to parties
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
7 concerned, may be sought against public employees who show malice, fraud, or oppression in violation of this Article.
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Article 14. Equal Opportunity.
When applicable, the Owner will comply with all local, state, and federal regulations pursuant to Equal Opportunity requirements including, but not limited to the provisions of 41 CFR § 60-1.4
Article 15. Termination or Suspension.
(a) If at any time, after reasonable notice and opportunity to cure, the Owner fails to fulfill its obligations under Article 2 of this Agreement, the Government may terminate this Agreement or suspend future performance under this Agreement unless it determines that continuation of work is in the interest of the United States.
(b) In the event that the Government elects to terminate or suspend this Agreement pursuant to this Article, the Owner shall conclude its activities relating to the Project (to the extent feasible) and the Parties shall proceed through dispute resolution process as defined in Article 16 below.
(c) Notwithstanding anything in the foregoing or elsewhere in this Agreement to the contrary, including paragraph 1(a) above, Government acknowledges and agrees that, if Government does not secure funding beyond the Relocation Estimate sufficient to relocate the facilities, Owner shall have no obligation to proceed with the Relocation on Government’s behalf, and Owner shall have no obligation to remove any facilities installed within or restore the condition of Government’s property, and shall have no further liability therefor, unless and until Government secures such funding.
(d) Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article of this Agreement shall not relieve the parties of liability for any obligation previously incurred.
Article 16. Disputes.
The Parties shall work cooperatively and in good faith to timely implement their respective duties and obligations set forth herein. To that end, the Parties shall timely communicate with one another regarding the status of the Project, the status of the Relocation, and ways that the Parties may work to gether to facilitate the completion of this Agreement. The Parties will endeavor to resolve disputes related to this Agreement at the lowest possible level and if necessary, may elevate disputes through the process set forth in 31 USC 3702.
Additionally, the Parties will cooperate to develop and participate in an issue resolution process related to construction activities.
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
8 Article 17. Parties' Representatives.
(a) The Owner may assign representatives or agents to observe and to inspect the contemplated construction work as it progresses. All communication between the Owner and Government should be accomplished through the assigned representative. Such representativ es will communicate only with the Government's representative. The designation of a representative or agent should be done in writing and prior to the commencement of the Relocation work.
(b) The Government will appoint a Government representative for the purpose of issuing instructions and entering into modifications pursuant to requirements for changes in drawings, schedules and specifications previously approved by the Government. The Government shall not be obligated to pay for or accept any modification request.
Article 18. Relationship of the Government, its Contractor, and Owner.
Owner acknowledges that the Government is the contracting party with its contractor(s), and that Owner shall have no right to direct the activities of said contractor(s). All matters which Owner desires to bring to the attention of the Government’s contractor(s) shall be submitted in writing to the Government’s Representative. Where any matter to be performed by or submitted to Owner or otherwise requires coordination with Owner the Government shall be responsible for ensuring such performance, submission, comment or coordination by requiring its contractor(s) to submit all matters to it for handling with Owner. Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership or of joint venture by and between the Parties hereto.
Article 19. Condemnation
Should it be determined for any reason that the right, title, and interest of the Owner in and to the lands referred to in Article 1, shall be acquired by condemnation, or other judicial proceedings, the Owner shall cooperate in the prosecution of the proceedings and this Agreement shall, without more, constitute a stipulation which may be filed in the proceedings and be final and conclusive evidence of the adjustments to be made to the facilities herein mentioned and the proper award to be made in such proceedings. In the event th is Agreement is filed in such proceedings, it shall constitute an appearance and waiver of all rights to service or summons or other process, and the right to appointment of commissioners or a jury to determine the award.
Article 20. Notice.
(a) Any notice, request, demand, payment or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or electronically or mailed by first-class, registered, or certified mail, as follows:
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
9 If to the Owner:
Director of Public Works
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
If to the Government:
Chief, Real Estate Division
U.S. Army Corps of Engineers, Los Angeles District
915 Wilshire Blvd, Suite 1109
Los Angeles, CA 90017-3409
(b) A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article.
(c) Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed.
Article 21. Force Majeure.
The Parties to this Agreement shall not be responsible or liable to each other for any delay in performance hereunder, or for any delays in the Project, due to any reason including, but not limited to: shortage of labor or materials, delivery delays, major equipment breakdown, load management, strikes, labor disturbances, war, riot , insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or order, including orders of judgments of any court or commission, delay in obtaining necessary rights of way, act of God, or any cause or conditions beyond the control of the Parties. The Parties expressly waive and release any and all claims for damages against each other arising out of any delays in the Project unless due to a party’s sole negligence or willful misconduct.
Article 22. Waiver
No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing except where explicitly stated in this agreement. No waiver by any Party of any provision under this Agreement shall be effective unless in writing and signed by such Party, and no waiver shall affect any default other than the default specified in the waiver and then said waiver shall be operative onl y for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
10 Article 23. Duplicate Originals and Electronic Signatures
This Agreement may be executed in duplicate originals, each of which, when so executed and delivered, shall be an original but such counterparts shall together constitute one instrument and agreement. The exchange of copies of this Agreement and of signat ure pages by facsimile transmission, Portable Document Format (i.e., PDF) or by other electronic means constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. This Agreement may be executed by Owner by way of an electronic signature, in which case, said electronic signature shall have the same force and effect as a written signature.
Article 24. Amendments
The provisions of this Agreement shall not be altered or amended by any representations or promises of any Party unless consented to in a writing executed by all Parties.
Article 25. Governing Law
This Agreement shall be subject to and construed according to Federal laws.
Article 26. Captions and Headings
The captions and headings used in this Agreement are strictly for convenience and are not intended to and shall not affect the Parties’ rights and obligations, or the construction or interpretation of this Agreement.
Article 27. Third Party Beneficiaries
Nothing herein is intended to create any third-party benefit.
Article 28. Entire Agreement
This Agreement contains the entire agreement between the Parties concerning the Relocation Work and supersedes any prior agreements between the Parties with respect to the Relocation Work. Any subsequent representations or modifications will be of no force or effect, except for a subsequent modification in writing executed by both Parties.
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
11 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
United States of America
By: ________________________________
ELIZABETH M. BABINEAU
Chief, Real Estate Division
Real Estate Contracting Officer
_________________________________
City of Montebello
By: _________________________________
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
12 CERTIFICATE OF AUTHORITY
I, _______________, certify, that I am the ____________(Title) for the _________________and ______________________, who signed this Relocation Agreement DACW09-9-25-9164 on behalf of the ___________________ was then ___________ of said ____________________; that said agreement was duly signed for and on behalf of said __________________ by authority of its governing body and is within the scope of its corporate powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this _____ day of _______________________________.
(Corporate Seal)
_______________________________________
Title
City of Montebello
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
13 Exhibit “A”
Description of Relocation
The old road or old facility (“Old Road”)will remain in place and a New Road will be constructed along the side the Old Road approximately 60 to 70 feet to the south as measured at the crest of the dam with a minimum centerline elevation of 243.3 and side slopes of 2H:1V.
The New Road will taper back to meet the existing roadway alignment upstream and downstream of the crest and
will include a parapet wall that will extend from the north side of the relocated road across the existing road to approximate Station 9+60. To the south, fill will be extended to Station 15+00. The total length of roadway realignment is approximately 2500 feet.
The new roadway cross section will match the existing pavement with one 12-foot-wide lane and one 8-foot-wide shoulder in each direction. New Rights-of-way will be same width (60 feet) as existing rights-of-way.
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
14
DACW09-9-25-9164
Whittier Narrows Dam Safety Modification Project
Los Angeles County, California
15 Exhibit “B”
Estimate of Reimbursable Owner Expenses
1. 65% Plan, Specifications & Estimates $49,774
2. 95% Plan, Specifications & Estimates $39,765
3. Final Plan Check $10,461
Total Estimate $100,000
4. 40% Contingency (additional Plan Check) $40,000
Final Total Estimate for Approval Plans $140,000.
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Luis Lopez, Police Chief
SUBJECT: APPROVE THE USE OF ASSET FORFEITURE FUNDS FOR THE
DESTRUCTION OF ILLICIT NARCOTICS
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the use of $15,180 in Asset Forfeiture funds for costs associated with the destruction of illicit narcotics; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The recommended actions ensure the City is compliant with the Statement of Financial Goal, Principles and Objectives for using asset forfeiture funds. The Drug Asset Forfeiture account is a “Special Revenue Fund” and the request abides by the Financial Goal, Principles and Objectives Section 2 (a), which states: “The City shall abide by applicable rules and regulations pertaining to the expenditure of special revenue funds as required by each funding source”. The recommended actions do not require a budget amendment.
BACKGROUND/DISCUSSION:
The use of Drug Asset Forfeiture funds will facilitate the removal and proper and safe destruction of more than 1,200 pounds of illicit narcotics currently stored in the Police Department’s Evidence Room. The most recent destruction occurred approximately nine years ago, and due to the significant accumulation since that time, the evidence storage area is nearing capacity, limiting available space for new cases and incoming evidence.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
ENVIRONMENTAL:
N/A
ANALYSIS:
The Department will contract with GAIACA Waste Revitalization to conduct the destruction services. GAIACA Waste Revitalization has submitted a detailed proposal along with a sole source letter indicating that it is the only vendor in the area capable of performing on-site destruction of these materials. Under this arrangement, the vendor will perform the destruction at the Department’s facility, eliminating the need to transport the evidence to an off-site location and avoiding additional fees associated with transfer and storage.
SUMMARY:
Staff recommend that the City Council approve the use of funds from asset forfeiture to properly destroy the illicit narcotics in the Montebello Police Department’s Evidence Room.
ATTACHMENT(S)
1. Attachment A-Waste Management Proposal - Feb 2026
2. Attachment B- GAIACA Sole Source Letter_Montebello PD (2026-01-22)
PO BOX 188, GONZALES, CA 93926 | 831.264.4242 | GAIACA.COM January 22, 2026
Ms. Catherine Salvatierra
Property, Evidence & Crime Scene Technician
Montebello Police Department
1600 W. Beverly Boulevard
Montebello, CA 90640
323.887.1327 ext. 326
[email protected]
RE: PROCUREMENT BASED ON SINGLE SOURCE SERVICE PROVIDER The Montebello Police Department is looking to procure narcotics disposal services and is requesting services from a provider with unique knowledge, skill, or ability not available from other sources. Covanta/ReWorld has been the only facility in California to service law enforcement agencies for narcotics disposal services.
However, the recent closures of all Covanta facilities now require all California law enforcement agencies to find a new solutio n f or narcotics disposal services.
GAIACA is the only solution for narcotic disposal services.
GAIACA is the only company registered with the Drug Enforcement Administration (DEA) licensed as a Reverse Distributor with on-site narcotic physical d estruction capabilities. GAIACA is also the only company that holds HAZWOPER certification to destroy narcotics on-site safely, while also providing the required third-party witnessed destruction certifications as required by the DEA (Form-41). In conjunction with GAIACA’s on-site physical destr uction capabilities and DEA registration, GAIACA also uses a solution to chemically destroy the drugs non-retrievable to meet the DEA standard of non-retrievability. The chemical solution GAIACA uses has been proven to destroy illicit fentanyl, heroin, meth, cocaine, opioids into a sustainable and biodegradable solution that is safe for the environment.
As GAIACA Waste Revitalization is the only co mpany with physical on-site destruction capabilities that is also registered with the (DEA) as a Reverse Distributor to provide the required third-party witness, along with using a chemical solution to meet non-retr ievable standards, it qualifies GAIACA as a single source wh ere services come from a provider with unique knowledge, skill, and ability not available from other sources.
Thank you and please contact us with any additional questions.
Sincerely,
Jonathan Lee
Managing Member
GAIACA Waste Revitalization
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Ramon Figueroa, Director of Human Resources
SUBJECT: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3997 AND ASSIGNMENT AGREEMENT WITH
CONCENTRA
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 1 to Professional Services Agreement No. 3997 with Concentra ; and
2. Authorize the City Manager to execute the amendment, extending the term of the agreement to June 30, 2027.
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $23,000 in Account No. 100-25-250-6040.10 (General, Human Resources, HR Administration, Contract Services – Outside Contracts); and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City relies on Concentra (formerly Reliant Urgent Care) for pre-employment drug and alcohol testing, return-to-work evaluations, and workers’ compensation services.
Agreement No. 3997 expired on June 30, 2025, and was not renewed in a timely manner due to personnel staff changes in the Human Resources Department. The total amount of this Amendment to the Agreement shall not exceed $75,000 per fiscal year (Fiscal Years 2025-26 and 2026-27). However, if needed, the City Manager has authority to increase the annual expenditure amount by up to $25,000 for the duration of the agreement. Staff is requesting the execution of Amendment No. 1 to Agreement No. 3997 (Attachment A) to extend the term of the agreement through June 30, 2027.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
The adopted Fiscal Year 2025-26 operating budget did not allocate the necessary funds for the extension of this agreement. Thus, staff is requesting to amend the FY 2025-26 budget by increasing appropriations by $23,000 in Account No. 100-25-250-6040.10 (General, Human Resources, HR Administration, Contract Services – Outside Contracts) to cover outstanding invoices and anticipated continued service needs for the current fiscal year.
Funding for this agreement is split between the Human Resources and Transit Departments. The Transit Department’s adopted Fiscal Year operating budget allocated sufficient funding in Account No. 600-90-900-6040.10 (Transit, Transportation, Transit Administration, Contract Services – Outside Contracts) to cover their portion of the agreement. Future Fiscal Year funding will be included in the proposed budgets for City Council consideration.
BACKGROUND/DISCUSSION:
On August 10, 2022, the City of Montebello entered into Professional Services Agreement No. 3997 with Reliant Urgent Care (DBA Reliant Immediate Care Medical Group, Inc.) to provide essential occupational health services. As of January 19, 2026, Reliant Urgent Care DBA Reliant Immediate Care Medical Group, Inc. was acquired by Concentra. The amendment to Agreement No. 3997 also includes an update to the business name — from Reliant to Concentra (Attachments A and C).
The scope of services under this agreement includes:
• Pre-employment physical examinations to ensure that prospective employees are physically capable of performing essential job functions. • Drug and alcohol screening services to support a safe and drug-free workplace in compliance with Department of Transportation (DOT) and other regulatory standards.
• Return-to-work evaluations to assess whether employees are medically fit to resume their duties after illness or injury.
• Medical assessments and documentation support for workers’ compensation cases, helping the City manage claims efficiently and mitigate liability.
These services support the City’s efforts to maintain a safe, drug-free, and regulatory- compliant workforce.
Concentra (formerly Reliant Urgent Care) has consistently provided timely, professional, and specialized medical services that meet the City’s operational needs. Their expertise in occupational health helps ensure that the City complies with applicable local, state, and federal regulations, minimizes workplace health risks, and reduces workers’ compensation claim exposure.
The current agreement expired on June 30, 2025. Staff recommends approving Amendment No. 1 (Attachment A) to extend the term of the agreement through June 30,
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
2027. This two-year extension ensures continued access to essential occupational health services that are integral to hiring, workplace safety, compliance, and risk management practices across all City departments
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends approving Amendment No. 1 to Agreement No. 3997 to extend the term through June 30, 2027; authorizing the City Manager to execute the amendment (Attachment A); and amending the FY 2025-26 budget by increasing appropriations by $23,000 in Account No. 100-25-250-6040.10 (General Fund, Human Resource, HR Administration, Other Contract Services). Approval of Amendment No. 1 with Concentra ensures continuity of critical services in support of employee health and safety.
ATTACHMENT(S)
1. Attachement A - Amendment No. 1 to Agr No. 3997
2. Attachment B - Agreement No. 3997
3. Attachment C - Reliant Immediate Care is Now Concentra
ATTACHMENT A
CITY OF MONTEBELLO
AME
NDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3997 AND ASSIGNMENT
AGREEMENT
WITH CONCENTRA
This Amendment No. 1 to the Professional Services Agreement No. 3997 (“Amendment No. 1”), is made and entered into this 11th day of February 2026, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation, (hereinafter referred to as the “CITY”) and CONCENTRA (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".
RECI
TALS
WHE
REAS, RELIANT URGENT CARE DBA RELIANT IMMEDIATE CARE
MEDICAL GROUP, INC. and the CITY entered into that certain Agreement to retain a qualified professional to provide pre-employment and employee physicals and employee health services as needed for the CITY, dated August 10, 2022 ("Agreement"); and WHE
REAS, Reliant Urgent Care DBA Reliant Immediate Care Medical Group, Inc. (“Assignor”) was acquired by Concentra (“Assignee”) as of January 19, 2026; and WHE
REAS, the CITY awarded the Agreement to CONSULTANT based on their education, experience, expertise, and training; and
WHE
REAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHE
REAS, the Parties desire to exercise two (2) additional years (expiring June 30, 2027) set forth in Section 3 of the Agreement; and
WHE
REAS, the Parties desire to increase the maximum compensation allowable under the Agreement, attached hereto as Exhibit “A -1” and incorporated into the Agreement by this Amendment No. 1; and
WHE
REAS, 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:
AME
NDMENTS
SE
CTION 1. RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.
SECTION 2. RATE SCHEDULE. The Agreement shall be amended to include the updated rate schedules attached as Exhibit “A-1” to this Amendment No. 1.
S
ECTION 3. EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of the Agreement from July 1, 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.
S
ECTION 4. 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.
AS
SIGNMENT
S
ECTION 5. ASSIGNMENT. Concentra hereby agrees to assume all duties and obligations under Agreement No. 3997.
SEC
TION 6. CONSENT. Reliant Urgent Care D BA Reliant Immediate Care Medical Group, Inc. hereby consents to the assignment of Agreement No. 3997 to Concentra. [E
ND OF AMENDMENT NO. 1]
[S
IGNATURES ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(the “CONSULTANT” and “ASSIGNEE”) (the “CITY”)
CITY OF MONTEBELLO CONCENTRA
Raul Alvarez, City Manager Dr. Kathy Le, Senior Vice President of Medical Operations - Pacific
ATTEST: (the “ASSIGNOR”)
Reliant Urgent Care DBA Reliant
Immediate Care Medical Group,
Inc.
Christopher Jimenez, City Clerk Dr. Kathy Le, Senior Vice President of Medical Operations - Pacific
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
Exhibit A-1 – Schedule of Compensation
EXHIBIT A-1
Sc
hedule of Compensation
FY
2025-26 $75,000
FY 2025-27 $75,000
Cont
ingency – The City Manager has the option to add up to $25,000 annually, if needed.
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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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
WVD
ADDL
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
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
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
2/18/2026
Graham Company,
a Marsh & McLennan Agency, LLC company
30 S 15th Street, 20th Floor
Philadelphia PA 19102
Concentra Unit
215-567-6300
215-405-2694
[email protected]
Columbia Casualty Company
31127
CONCGRO-01
Liberty Mutual Fire Ins. Co.
23035
Occupational Health Centers of California,
A Medical Corporation
dba Concentra Medical Centers
5080 Spectrum Drive, Suite 1200 West
Addison TX 75001
Allied World Assurance Company, AG
Employers Insurance of Wausau
21458
LM Insurance Corporation
33600
Liberty Insurance Corporation
42404
1045070707
A
X
1,000,000
X
500,000
X
Professional Lia
X
$1M Claim/$3M Ag
1,000,000
3,000,000
X
HAZ 4032244581-10
1/1/2026
1/1/2027
3,000,000
B
2,000,000
X
AS2-631-510199-325
4/1/2025
4/1/2026
A
X
X
$9,000,000
X
HMC 4032235752
1/1/2026
1/1/2027
$10,000,000
X
$3,000,000
F
E
X
WA7-63D-510199-355
WA5-63D-510199-315
4/1/2025
4/1/2025
4/1/2026
4/1/2026
1,000,000
1,000,000
1,000,000
D
C
Property
Excess Liability
YAC-L9L-477341-016
C023701/011
1/1/2026
1/1/2026
1/1/2027
1/1/2027
SEE BELOW
$10M Each Occurrence
$10M Aggregate
PRIMARY LIABILTY POLICY includes General Liability Coverage on an Occurrence Basis and Professional Liability Coverage on a Claims Made Basis.
UMBRELLA LIABILITY COVERAGE includes Excess General Liability on an Occurrence Basis and Excess Professional Liability on a Claims Made Basis.
Both Coverages are excess of a $3,000,000 Self-Insured Retention each Occurrence/Claim subject to a $18,000,000 Aggregate.
INDIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244595-12; Effective 1/1/2026-1/1/2027 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon See Attached...
CITY OF MONTEBELLO
1600 W. BEVERLY BLVD
MONTEBELLO CA 90640
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:
CONCGRO-01
1 1
Graham Company,
Occupational Health Centers of California,
A Medical Corporation
dba Concentra Medical Centers
5080 Spectrum Drive, Suite 1200 West
Addison TX 75001
25 CERTIFICATE OF LIABILITY INSURANCE
KANSAS PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244600-12; Effective 1/1/2026-1/1/2027 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon LOUISIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244614-12; Effective 1/1/2026-1/1/2027 - $100,000 Each Medical Incident/$300,000 Aggregate Per Insured or Surgeon NEBRASKA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244628-12; Effective 1/1/2026-1/1/2027 - $800,000 Each Medical Incident/$3,000,000 Aggregate Per Insured or Surgeon PENNSYLVANIA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244631-12; 1/1/2026-1/1/2027 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon WISCONSIN PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244659-12; 1/1/2026-1/1/2027 - $1,000,000 Each Medical Incident/$3,000,000 Aggregate Per Insured or Surgeon PROPERTY COVERAGE: Risk of Physical Loss or Damage to Covered Property subject to policy terms and conditions.
WORKERS COMPENSATION - Occupational Health Centers of California, A Medical Corporation - Liberty Mutual Insurance Corp. - Policy #WA5-63D-510199-315; Effective: 4/1/2025-4/1/2026
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Insurance Corp. - Policy #WA7-63D-510199-405; Effective:
4/1/2025-4/1/2026
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Mutual Insurance Corp. - Policy #WC5-631-510199-255 (WI); Effective: 4/1/2025-4/1/2026
ADDITIONAL WORKERS COMPENSATION POLICIES:
OHC of Arkansas – Liberty Insurance Corp. - Policy #WC7-631-510199-285; Effective: 4/1/2025-4/1/2026 OHC of Southwest (AZ/UT) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-245; Effective: 4/1/2025-4/1/2026 OHC of Delaware – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-335; Effective: 4/1/2025-4/1/2026 OHC of Georgia/Hawaii – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-385; Effective: 4/1/2025-4/1/2026 OHC of Illinois – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-415; Effective: 4/1/2025-4/1/2026 OHC of Louisiana – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-295; Effective: 4/1/2025-4/1/2026 OHC of Michigan – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-275; Effective: 4/1/2025-4/1/2026 OHC of Nebraska – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-375; Effective: 4/1/2025-4/1/2026 OHC of New Jersey – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-265; Effective: 4/1/2025-4/1/2026 OHC of North Carolina – Liberty Insurance Corp. - Policy #WC7-631-510199-345; Effective: 4/1/2025-4/1/2026 OHC of Southwest (KS) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-425; Effective: 4/1/2025-4/1/2026 Therapy Centers of Southwest I, PA (OR) - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-395; Effective: 4/1/2025-4/1/2026 Therapy Centers of South Carolina, PA - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-305; Effective: 4/1/2025-4/1/2026 OHC of Minnesota - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-455; Effective: 4/1/2025-4/1/2026 OHC of Alaska - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-445; Effective: 4/1/2025-4/1/2026 CYBER LIABILITY - Arch Specialty Insurance Company - Policy #NPL2001106-01; Effective: 11/25/2025-01/01/2027 - Limit: $10,000,000 EXCESS CYBER LIABILITY - Homeland Insurance Company of New York - Policy #720002431-0001; Effective: 11/25/2025-01/01/2027 - Limit: $10,000,000 Excess of $10,000,000
CRIME COVERAGE – National Union Fire Insurance Company of Pittsburgh, PA – Policy #04-173-83-24, Effective 01/01/2026 – 01/01/2027 – Limit $10,000,000
Coverage is provided for all medical professionals currently or previously employed or contracted by the above Named Insured, but only for professional services performed for or on behalf of the above Named Insured.
RE: OHC OF CA/CMC WILL PROVIDE MEDICAL SERVICES TO THE EMPLOYEES OF THE NAME CLIENT.
ATTACHMENT B
CITY OF MONTEBELLO
NEW HIRE PROTOCOLS
Physical #1 – BASIC PHYSICAL $85.00
New Hire - BASIC PHYSICAL
Examination by M.D.
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen
Physical #2 – MAINTENANCE $105.00
New Hire - MAINTENANCE
Examination by M.D.
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Lifting Capacity Test 50 lbs
Non-DOT Drug Screen - eScreen 10 panel Drug Screen
Physical #3 DOT/DMV EXAMINATION $110.00
New Hire - BUS OPERATORS, MECHANICS EQUIPMENT, SERVICE WORKER DOT/DMV Examination by M.D
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
Lumbar Spine X-Ray (3 view)
UA Dip (Dipstick Urinalysis)
DOT Regulated Drug Test- Escreen
Provide DOT Certification Card to the patient
DOT PHYSICAL #4 RENEWAL – FIREMEN $60.00
Renewal –DOT EXAM
DOT/DMV Examination by M.D.
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Provide DOT Certification Card to the patient
Examinations below must be scheduled in A.M. due to fasting for blood work
Physical #5 POLICE FIREMAN $695.00
New Hire - PUBLIC SAFETY EMPLOYEES
Must use P.O.S.T. History & Physical Form
Appendix C History Form (Employee Brings/Provides)
Examination by M.D.
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Urinalysis)
Audiometry
CBC, Comprehensive Metabolic Panel (Chem20), Lipid Panel Chest X-Ray (1 view)
LS x-ray 3 views
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen
Stress EKG - (Will be schedule with Cardiologist)
Physical #6 FIREMEN $695.00
New Hire FIREMEN
DOT/DMV Examination by M.D.
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Audiometry
CBC, Comprehensive Metabolic Panel (Chem20), Lipid Panel Chest X-Ray (1 view)
Lumbar Spine X-Ray (3 view)
Stress EKG
Pulmonary Function Test
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen
Provide DOT Certification Card to the patient
Reporting Contacts:
Please identify contacts that we will be reporting results to via Email Bob Franco (please provide contact number)
[email protected]
Nikole Mooshagian (323)887-1383
[email protected]
Danilo Batson (323) 887-1200
[email protected]
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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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
WVD
ADDL
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
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
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
7/25/2022
90071
MANHATTAN BEACH
CA
LOS ANGELES
333 S. HOPE ST. 8TH FLOOR
CAP PHYSICIANS INSURANCE AGENCY, INC.
[email protected]
(888) 516-1335
(866) 828-2424
Citizens Ins Co of America
31534
✔
✔
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
A
✔
✔
N
N
OB3 A636371 07
07/28/2022
07/28/2023
2,000,000
A
N
N
OB3 A636371 07
07/28/2022
07/28/2023
A
A
A
Loc 2: Business Personal Property
Loc 3: Business Personal Property
N
N
OB3 A636371 07
OB3 A636371 07
OB3 A636371 07
07/28/2022
07/28/2022
07/28/2022
07/28/2023
07/28/2023
07/28/2023
Loc 1: Business Personal Property
NAMED INSURED CONT: RELIANT IMMEDIATE CARE; RELIANT LAX CLINIC LLC; RELIANT URGENT CARE-DTLA; GROUP INC.
Location 1: 814 FRANCISCO STREET, LOS ANGELES, CA 90017 Location 2: 2300 BEVERLY BLVD STE 10, MONTEBELLO, CA 90640 Location 3: 5900 PACIFIC BLVD, HUNTINGTON PARK, CA 90255 Location 4: 5901 W CENTURY BLVD STE, LOS ANGELES, CA 90045 Location 5: 11460 TELEGRAPH RD, SANTA FE SPRING, CA 90670 Loc 4: Business Personal Property OB3 A636371 07 07/28/2022 07/28/2023 $2,422,035 Cov/$1,000 Ded/RC Loc 5: Business Personal Property OB3 A636371 07 07/28/2022 07/28/2023 $243,101 Cov/$1,000 Ded/RC CA
90267
RELIANT IMMEDIATE CARE MEDICAL
P O BOX 159
MAX LEBOW MD
FOR INFORMATIONAL PURPOSES ONLY
$382,883 Cov/$1,000 Ded/RC
$788,741 Cov/$1,000 Ded/RC
$270,800 Cov/$1,000 Ded/RC
✔
ENTITY CERTIFICATE OF PROFESSIONAL LIABILITY COVERAGE
THROUGH MUTUAL PROTECTION TRUST (MPT)
Name of Entity: Reliant Immediate Care Medical Group Inc Name of DBAs: Reliant Urgent Care DTLA
Reliant Urgent Care Huntington Park
Reliant Urgent Care LAX
Reliant Urgent Care Montebello
Reliant Urgent Care Santa Fe Springs
MPT Entity: 8956
Effective Period: January 1, 2020 through December 31, 2022 Retroactive Date: January 1, 2003
The limit of liability of $1 million per Occurrence and $3 million aggregate will be *shared with the limits of MPT Members of the above named Entity.
* A shared limit of liability for the Entity means that the Entity will share the limit of the MPT Members(s) whose acts, errors or omissions gave rise to the Occurrence. In the event that an Occurrence arises solely out of the acts, errors and omissions of a non-MPT Healthcare Practitioner who provides Professional Services for the Entity, the MPT Members of covered Entity shall share their limits of liability with the Entity.
** A separate limit of liability for the Entity means that the limits of the liability shall be in addition to and separate from (not shared with) the limits of liability of the MPT Member(s) whose acts, errors or omissions gave rise to the Claim. In the event that an Occurrence arises solely out of the acts, errors and omissions of a non-MPT Healthcare Practitioner who provides Professional Services for the Entity, the MPT Members of covered Entity shall share their limits of liability with the Entity.
The coverage is continuous and uninterrupted unless cancelled or amended by MPT or the MPT Entity above. This certificate is incorporated by this reference and is a part of the MPT Agreement.
Nothing in this Certificate of Coverage shall be construed to increase the limits of liability set forth in Part 1, Section 6.A of the MPT Agreement.
The Mutual Protection Trust will provide the Claims defense and Claims payment services described in the MPT Agreement to the Entity named above, subject to all terms, conditions, and exclusions contained in the MPT Agreement, and subject to payment of any annual fees for Claims arising out of an Occurrence during the effective period set forth above.
This Entity's principals are responsible for notifying all recipients of this certificate should the Entity discontinue operation or dissolve before the end date shown above.
MUTUAL PROTECTION TRUST
By______________________________________
Alfred De Leon
Vice President, Membership Services
Date: December 20, 2021
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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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
WVD
ADDL
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
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
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
Montebello, CA 90640
1600 West Beverly Blvd
Attn: Risk Manager
City of Montebello
Evidence of coverage
$1,000,000
AGGREGATE
$1,000,000
EACH CLAIM
03/20/23
03/20/22
W226C6220501
CYBER LIABILITY
B
1,000,000
1,000,000
1,000,000
04/01/23
04/01/22
REWC328617
Y
A
N/A
Lloyd's (Beazley)
10855
Cypress Insurance Company
El Segundo, CA 90245
898 N Pacific Coast Hwy, Suite 600
Reliant Immediate Care Medical Group, Inc
[email protected]
310-937-2020
Neil Plant
License No. 0B11974
Manhattan Beach, CA 90266
111 N Sepulveda Blvd Ste 325
James+Gable Insurance Brokers,Inc
08/09/22
View in Browser
Dear Valued Client,
Today, January 19, Concentra® has acquired the assets of Reliant Immediate Care in California from MBI Industrial Medicine. As part of this acquisition, three Reliant medical centers are now Concentra medical centers, and one medical center has integrated with a nearby Concentra location. Additionally, employees of these centers have joined Concentra.
Reliant LAX Airport at 5901 West Century Boulevard, Los Angeles, California 90045 is now Concentra Century Airport.
Reliant Downtown LA at 814 Francisco Street, Los Angeles, California 90017 is now Concentra Downtown LA.
Reliant Montebello at 2300 West Beverly Boulevard, Suite 100, Montebello, California 90640 is now Concentra Montebello.
Reliant Huntington Park at 5900 Pacific Boulevard, Huntington Park, California 90255 will close and integrate with Concentra Vernon Soto at 3851 Soto Street, Vernon, California 90058.
We look forward to continuing to provide you with the same quality health care services you are used to, now with a new name and the additional resources of a national health care provider’s managed practice groups.
If you have questions about our new locations, want to update your account, or just want to learn more about occupational medicine, contact Director of Sales Dominique McDermott at 480-338-2135.
Or tour a Concentra medical center virtually.
Sincerely,
Sabrina Linnemann
Sabrina Linnemann
Senior Vice President of Operations, Concentra
Concentra
Improving the health of America’s workforce, one patient at a time. ©2026 Concentra. All rights reserved.
5080 Spectrum Drive, Suite 1200, Addison, Texas 75001
Unsubscribe
Reliant Immediate Care is Now Concentra
https://public-usa.mkt.dynamics.com/api/v1.0/orgs/f0bc7527-24ff-409a-bf9a-7871ca6cdec7/channels/mails/vib/03f16681-70ea-f011-8544-7c1e525d0a… 1/2
ATTACHMENT C
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: WAIVE SECOND READING AND ADOPTION OF ORDINANCE NOS. 2487, 2488, 2489, AND 2490, AMENDING PROVISIONS OF TITLE 17 (ZONING) OF THE CITY
OF MONTEBELLO MUNICIPAL CODE, RELATED TO MIXED-USE
DEVELOPMENT STANDARDS, OBJECTIVE DESIGN STANDARDS FOR
RESIDENTIAL AND MIXED-USE DEVELOPMENTS, SITE PLAN REVIEW
STANDARDS, AND REZONING OF CERTAIN PROPERTIES CONSISTENT WITH THE MONTEBELLO 2040 GENERAL PLAN AND THE CITY’S HOUSING
ELEMENT
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Waive second reading of Ordinance No. 2487, amending Chapter 17.22 titled Commercial Zones Generally of the Montebello Municipal Code (“MMC”) to establish new mixed-use development standards applicable to the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts, along with related updates incorporating mixed-use development provisions into Chapter 17.22; and
2. Waive second reading of Ordinance No. 2488, amending Title 17 – Zoning of the MMC to establish Chapter 17.21 titled Objective Design Standards, to provide new objective design standards for residential and mixed-use development projects; and
3. Waive second reading of Ordinance No. 2489, amending Chapter 17.74 titled Site Plan Review of the MMC to update thresholds for when a site plan review is required, remove provisions that allow the combination of multiple discretionary entitlement approvals under a single application, and include an exception that would allow certain qualifying mixed-use or residential projects to be reviewed administratively; and
4. Waive second reading of Ordinance No. 2490, approving the rezoning of certain properties to ensure consistency with the land use designations established by the
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
Montebello 2040 General Plan and the opportunity sites identified in the City’s 6th Cycle Housing Element (2021-2029); and
5. Determine and find that the proposed amendments to Title 17 of the MMC and rezoning of certain properties are within the scope of, and consistent with, the 2040 General Plan, for which the City Council certified a Final Environmental Impact Report (“Final EIR”) on April 10, 2024 (State Clearinghouse No.2023050665), in compliance with the California Environmental Quality Act (“CEQA”), and
6. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The recommended actions do not have a fiscal impact.
BACKGROUND/DISCUSSION:
On June 22, 2022, the City Council adopted the City’s Housing Element (6th Cycle, 2021- 2029), and subsequently was certified by the California Department of Housing and Community Development (“HCD”) on July 11, 2022.
On April 10, 2024, the City Council adopted the Montebello 2040 General Plan and the Downtown Montebello Specific Plan and certified a Final Environmental Impact Report (“Final EIR”) for both documents. The Montebello 2040 General Plan Update establishes the City’s long-term vision, goals, and policies to guide future development throughout the City.
As part of an extensive community engagement conducted from October 2020 through February 2024, approximately 31 public outreach activities were held in connection with the 2040 General Plan, Bike Plan, and Downtown Specific Plan. These community engagement efforts included 12 meetings before the decision-making bodies, 19 public workshops/focus group meetings, and two (2) separate surveys. The Montebello 2040 General Plan reflects input received from the community, stakeholders, and all who participated in the process. Through this community-based and collaborative approach, the General Plan has been designed to represent the interests and feedback of the community and to guide Montebello forward with a vision that supports progressive growth while preserving and enhancing the City’s quality of life.
The proposed text code amendments are a matter of citywide importance and are necessary to preserve and protect public peace, health, safety, and welfare. These amendments serve as a critical implementation tool for the City’s Sixth Cycle Housing Element and the Montebello 2040 General Plan by ensuring that adopted goals and policies are realized through corresponding regulatory updates. The amendments advance the City’s housing and land use commitments by establishing new zoning classifications consistent with the City’s mixed-use standards, codifying Objective Design Standards for residential and mixed-use developments, removing regulatory constraints, streamlining development review processes, and improving consistency with recently enacted State housing legislation. To ensure full alignment with the goals, objectives,
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
and policies of the General Plan and Housing Element, City staff is proposing amendments to the MMC as outlined below.
1. Chapter 17.22 - Commercial Zones Generally: Add Sections 17.22.220 through
17.22.240 to establish new mixed-use development standards applicable to the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts, along with related updates incorporating mixed-use development provisions into Chapter 17.22.
2. “New” Chapter 17.21 – Objective Design Standards: Establish a new chapter within the MMC to provide objective design standards for residential and mixed- use development projects.
3. Chapter 17.74 – Site Plan Review: Update thresholds for when a site plan review is required, remove provisions that allow the combination of multiple discretionary entitlement approvals under a single application, and include an exception that would allow certain qualifying mixed-use or residential projects to be reviewed administratively.
4. Rezoning and Zoning Map Update: Approve a Zone Change of certain properties to ensure general consistency with the land use designations established by the Montebello 2040 General Plan, specifically the opportunity sites identified in the City’s 6th Cycle Housing Element (2021-2029).
On February 10, 2026, the Planning Commission held a duly noticed public hearing to consider proposed amendments to the City’s Zoning Code (Title 17 of the Montebello Municipal Code), including revisions to the Zoning Map. Following the Planning Commission’s independent review, consideration, and analysis of the staff report and all information presented, the Planning Commission voted unanimously to adopt Planning Commission Resolution No. 02-26, recommending that City Council adopt Ordinance Nos. 2487, 2488, 2489, 2490 amending various provisions of Title 17 of the Montebello Municipal Code and approving amendments to the City’s Zoning Map. Resolution No. 02-26 is attached hereto as Attachment F and incorporated herein by reference.
On February 25, 2026, the City Council held a duly noticed public hearing to consider the proposed text code amendments and the corresponding amendments to the City’s Zoning Map. Following the City Council’s independent review, consideration, analysis of the staff report and information presented, as well as oral testimony by persons of the public, the City Council unanimously voted to introduce and waive the first reading of Ordinance Nos. 2487, 2488, 2489, and 2490, amending various provisions of Title 17 of the Montebello Municipal Code and rezoning certain properties, consistent with the Montebello 2040 General Plan and City’s Housing Element. Additionally, the City Council adopted Resolution No. 26-09, approving amendments to the City’s Zoning Map.
Resolution No. 26-09 is attached hereto as Attachment E and incorporated herein by reference.
ENVIRONMENTAL:
The proposed amendments to Title 17 of the Montebello Municipal Code and rezoning of certain properties are consistent with the 2040 General Plan, for which a Final
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines. The Final EIR evaluated the environmental impacts of implementing the General Plan, Specific Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.
The 2040 General Plan includes the City’s 6th Cycle Housing Element, which was previously adopted and certified by the California Department of Housing and Community Development and was also analyzed within the Final EIR. The proposed zoning text and map amendments are within the scope of the certified Final EIR and do not result in new or more severe impacts. No further environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.
ANALYSIS:
Collectively, the proposed zoning text amendments are intended to update Title 17 (Zoning) of the MMC to improve the housing development review process, ensure consistency with the City’s General Plan and Housing Element, and maintain compliance with State housing law. These amendments are described in greater detail below.
MIXED- USE STANDARDS (Attachment A)
The Montebello 2040 General Plan encourages mixed-use development as a means to integrate residential, commercial, office, civic, and employment uses in order to reduce vehicle trips and support walkable neighborhoods. Mixed-use development promotes economic development by allowing residential units, commercial uses, and employment opportunities to be located in close proximity. These development patterns support housing opportunities, reduce vehicle miles traveled, and strengthen neighborhood character.
Consistent with the goals and objectives of the Montebello 2040 General Plan, the City Council seeks to establish a flexible zoning framework that allows for high-quality mixed- use development while ensuring compatibility with existing neighborhoods. The intent of the mixed-use regulations is to provide clear development standards, permitted uses, and review procedures to guide future development within the City.
This proposed text amendment would amend Chapter 17.22 (Commercial Zones Generally) of the Montebello Municipal Code to establish mixed-use development standards within the City’s C-1 and C-2 commercial zones. The ordinance allows for the integration of residential, commercial, office, civic, and compatible employment uses within a single development. It establishes clear and objective regulations related to permitted and conditionally permitted uses, development intensity, building height, setbacks, parking, open space, and design standards. The mixed-use framework supports both vertical and horizontal development patterns and encourages pedestrian- oriented projects located near transit routes and multimodal corridors. The ordinance also includes incentives for housing development by allowing ministerial review when projects meet established objective design standards.
This ordinance implements the Montebello 2040 General Plan and advances the City’s
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
long-term land use, housing, and economic development goals by encouraging infill and redevelopment of underutilized commercial properties, increasing housing opportunities near transit corridors, and supporting local businesses.
The proposed amendments to Chapter 17.22 are set forth in Attachment A, attached hereto and incorporated by reference, with new text shown in underline (example) and deleting the text shown in strikeout (example).
OBJECTIVE DESIGN STANDARDS (Attachment B)
The State of California has adopted a series of laws to address the ongoing housing crisis and better meet the housing needs of its residents. These laws require cities across California to review and update their residential development and design standards to support faster and more predictable permitting timelines, while still achieving reasonable and high-quality design outcomes. Cities must ensure their local regulations comply with State law and do not unnecessarily hinder the development of housing.
In November 2020, the Southern California Association of Governments (“SCAG”) Regional Council approved the 2020 Sustainable Communities Program (“SCP”) Housing and Sustainable Development (“HSD”) Call for Applications. Through this program, SCAG awarded a Regional Early Action Planning (“REAP”) grant to the City of Montebello to evaluate, document, and modernize its multi-unit and mixed-use development standards and permitting processes. This effort is intended to support a greater understanding of how objective development standards can help increase housing production in Los Angeles County and throughout California.
As part of the REAP program, SCAG retained a design and planning consulting firm to develop a custom zoning “toolkit” of objective development standards tailored to the City of Montebello. This toolkit is intended to assist the City in more efficiently adopting new standards into the zoning code and implementing State housing law requirements.
Objective standards are clear, measurable development criteria used by local agencies to regulate new projects. These standards provide certainty for both applicants and the public and are the sole basis on which a local agency may approve, deny, or condition certain housing projects under State law. Establishing objective standards is a key strategy for cities seeking to increase housing production while maintaining compatibility with community character.
The City’s commitment to objective standards is reflected in Programs 11 and 12 of the City’s 2021–2029 Housing Element. Program 11 calls for the establishment of clear, precise, and objective development standards based on the community’s vision, along with a streamlined approval process for projects that comply with those standards.
Program 12 further commits the City to simplifying and making the permitting and regulatory review process more predictable in order to reduce development costs and encourage new housing construction.
Consistent with these commitments, staff is proposing a text amendment to Title 17 of the MMC to add Chapter 17.21 – Objective Design Standards, which would establish objective design standards applicable to residential and mixed-use developments. The
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
effort utilizes the guidance of the SCAG objective design standards toolkit and existing standards currently applied by the City, such as the Downtown Montebello Specific Plan requirements for floor area ratio, height, open space, building modulation, frontage, setbacks, and step backs.
For reference, the proposed Ordinance for Chapter 17.21 is set forth in Attachment B.
SITE PLAN REVIEW (Attachment C)
The primary objective of Chapter 17.74 - Site Plan Review (“SPR”) is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial and industrial neighborhoods, resulting from the design or layout of a proposed development. City Staff is proposing several text amendments to Section 17.74.030 – When Required, including increasing the thresholds that trigger a site plan review, eliminating language that bundles discretionary entitlements per project, and adding exceptions for qualifying mixed-use and residential projects.
The SPR ordinance was last updated in 1990 and currently requires a site plan review for both commercial and industrial projects involving the construction of five thousand square feet or more of building area, as well as residential projects resulting in three or more dwelling units. The proposed zoning amendment to Section 17.74.030(A) revises the threshold for required site plan reviews in industrial and commercial zoning districts from 5,000 square feet of new construction to 25,000 square feet or more and revises the threshold for residential projects from three or more dwelling units to ten or more dwelling units.
These amendments are intended to better align the level of regulatory review with the scale, complexity, and potential impacts of development. Commercial and industrial projects under 25,000 square feet are generally limited in intensity and are less likely to generate substantial impacts related to traffic, infrastructure demand, environmental effects, or land use compatibility. As such, requiring site plan review for smaller projects may impose unnecessary regulatory burdens without providing a corresponding public benefit. Similarly, increasing the residential threshold from three to ten dwelling units reflects contemporary development patterns and planning objectives. Smaller residential projects such as duplexes, triplexes, and small multi-unit developments, typically have minimal impacts on surrounding neighborhoods and infrastructure and are often consistent with existing zoning standards. Requiring site plan review for projects with as few as three units can create barriers to modest infill development, housing diversity, and the efficient use of urban land. By raising the threshold to ten dwelling units, the City can focus discretionary review on larger residential projects that are more likely to affect neighborhood character, circulation, parking demand, and public services, while streamlining the approval process for smaller-scale housing projects that support local and regional housing goals.
Additionally, Section 17.74.030(A) currently states that a separate site plan review is not required for projects that require approval of a conditional use permit. Staff is proposing that this language be removed from the ordinance, thereby allowing each discretionary entitlement to be processed and approved independently. This change will enable Staff and decision-makers to make distinct findings for each entitlement, rather than combining
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
multiple approvals under a single application.
Processing discretionary entitlements separately improves clarity, transparency, and consistency in project review. Each type of approval looks at different aspects of a project and has its own standards that must be met. Reviewing them independently allows staff and decision-makers to clearly explain how a project meets each set of requirements, rather than combining multiple approvals into a single decision. This change improves transparency for the public, helps ensure that all applicable standards are properly addressed, and strengthens the overall review process.
Lastly, staff is proposing to add Section 17.74.030(B) to include an exception in the site plan review standards that would allow certain qualifying mixed-use or residential projects to be reviewed administratively, rather than through the discretionary site plan review process, when at least 20 percent of the residential units are reserved for low-income households.
This exception is intended to support the development of affordable housing by reducing review time and cost. State housing laws increasingly encourage or require streamlined, ministerial approval processes for housing projects that meet objective development standards and include affordable units. By allowing qualifying projects to proceed through ministerial review, the City is aligning its local regulations with state housing policies, reducing barriers to affordable housing development, and supporting regional and statewide housing production goals.
Projects eligible for this exception would still be required to comply with all applicable zoning, design, and development standards, ensuring compatibility with surrounding areas while advancing housing affordability and equity objectives.
The proposed amendments to Chapter 17.74 are set forth in Attachment C, attached hereto and incorporated by reference, with new text shown in underline (example) and deleting the text shown in strikeout (example).
REZONING AND ZONING MAP UPDATE (Attachments D and E)
Prior to the adoption of the Montebello 2040 General Plan Update, the City’s General Plan had last been comprehensively updated in 1973, which was also the last time the City’s zoning designations were substantially revised.
In alignment with the proposed zoning text amendments, City staff is proposing to rezone approximately 270 parcels and to amend the Zoning Map accordingly. The proposed rezoning is based on the following criteria:
• To ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element; and
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
• To correct existing nonconforming or improperly zoned parcels in order to align zoning designations with surrounding land use patterns and current development standards.
Consistent with the proposed mixed-use development standards and objective design standards, the zoning amendments would allow mixed-use development within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts. These changes focus on the City’s primary commercial corridors, including Montebello Boulevard, Beverly Boulevard, Whittier Boulevard, Washington Boulevard, and Garfield Avenue.
A central objective of the Montebello 2040 General Plan is to preserve and stabilize established residential neighborhoods while directing growth toward key commercial corridors. The proposed comprehensive Zoning Map update advances this vision by enhancing opportunities for increased residential density along these corridors, supporting the provision of affordable and accessible housing, and encouraging mixed- use development. Collectively, the amendments ensure consistency with the land use framework established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element.
For reference, the proposed rezoning ordinance is included in Attachment D. Resolution No. 26-09, approving the updated City Zoning Map and adopted by the City Council on February 25, 2026, is provided in Attachment E.
GENERAL PLAN CONSISTENCY
The proposed Zoning Code amendments and Zoning Map updates are consistent with and meet the goals and policies of the City of Montebello 2040 General Plan. The General Plan emphasizes directing growth to established corridors and neighborhoods through compact, infill development and mixed-use land uses. Policies within “Our Prosperous Community” chapter (Policies P2.2, P2.6, P2.7) support corridor-focused development, urban infill, and compact development patterns while preserving and enhancing existing industrial areas to meet current and future needs. The proposed zoning updates align with these policies by allowing increased density and flexibility within designated corridors and neighborhood land use areas, while maintaining protection for existing sites.
Additionally, policies within “Our Well-Planned Community” chapter (Policies P3.3, P3.4, and P3.6) promote revitalization of established neighborhoods and corridors, encourage the development of diverse and walkable neighborhoods, and support the preservation and expansion of industrial districts.
Although approval of the proposed amendments will bring the majority of identified parcels into alignment with the City’s General Plan, with an emphasis on rezoning those sites identified in the City’s 6th Cycle Housing Element, the General Plan is not intended to function as a universal solution for every neighborhood. The General Plan does not function as a regulatory document; rather, it provides a vision with goals and policies. As implementation moves forward and additional site-specific and neighborhood-level conditions are evaluated, some parcels may remain inconsistent with the adopted designations. Staff will continue to evaluate those parcels on a case-by-case basis and
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
may be considered for future General Plan designation amendments and/or rezoning to ensure the City’s land use policies remain responsive, context-sensitive, and consistent with long-term planning objectives.
Collectively, these policies support the proposed Text Code Amendments and Zoning Map update, that are consistent with and support the Montebello 2040 General Plan by advancing the City’s adopted goals, objectives, and future vision for growth and development. The proposed amendments all align with applicable land use objectives, ensuring that future development is compatible with the future goals of the City and maintain consistency with the General Plan’s framework.
The following General Plan goals and policies apply to the proposed Text Code Amendments within Title 17 of the Montebello Municipal Code and the proposed update to the City’s Zoning Map:
General Plan “Our Prosperous Community” Element policy 2 (P2.2) “Promote corridor development.”
General Plan “Our Prosperous Community” Element policy 2 (P2.6) “Preserve and enhance industrial areas.”
General Plan “Our Prosperous Community” Element policy 2 (P2.7) “Encourage urban infill and compact development.”
General Plan “Our Well-Planned Community” Element policy 3 (P3.3) “Revitalize established neighborhoods and corridors”.
General Plan “Our Well-Planned Community” Element policy 3 (P3.4) “New development will create diverse and walkable neighborhood”.
General Plan “Our Well-Planned Community” Element policy 3 (P3.6) “Preserve and enhance the industrial district while retaining and expanding existing businesses”.
SUMMARY:
The proposed text amendments to the Zoning Code are consistent with the Montebello 2040 General Plan and the City’s Housing Element, as they implement policies that promote mixed-use development, establish objective design standards, and ensure consistency between zoning regulations and General Plan land use designations.
Staff recommends that the City Council waive second reading of Ordinance Nos. 2487, 2488, 2489, and 2490, amending provisions of Title 17 (Zoning) of the City of Montebello Municipal Code and rezoning of certain properties.
The proposed Zoning Code amendments include the establishment of new mixed-use development standards, the adoption of objective design standards for residential and mixed-use developments, and revisions to the existing site plan review standards. In addition, the Zoning Map amendments included under adopted Resolution No. 26-09
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
would rezone certain properties to ensure consistency with their underlying General Plan land use designations. Collectively, these amendments are intended to implement the goals, policies, and programs of the City’s General Plan and Housing Element in accordance with State Housing Law.
ATTACHMENT(S)
1. Attachment A - Ordinance No. 2487 -- Mixed-Use Standards
2. Attachment B - Ordinance No. 2488 - Objective Design Standards
3. Attachment C - Ordinance 2489_Site Plan Review Standards
4. Attachment D - Ordinance No. 2490 - Rezoning
5. Attachment E - Executed Resolution No. 26-09 - Zoning Classifications for Certain Parcels
6. Attachment F - Executed Planning Commission Resolution No. 02-26
ATTACHMENT A
ORDINANCE NO. 2487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.22 COMMERCIAL ZONES
GENERALLY TO INCLUDE MIXED USE DEVELOPMENT STANDARDS
WHEREAS, the City of Montebello is a general law city organized and existing under the laws of the State of California; and
WHEREAS, Title 17 of the Montebello Municipal Code establishes zoning regulation to implement the City of Montebello General Plan; and
WHEREAS, the City of Montebello General Plan encourages compact, pedestrian oriented development that integrates residential, commercial, civic and employment uses; and
WHEREAS, mixed-use development promotes efficient land uses, economic vitality, housing opportunities, reduced vehicle trips, and enhanced community character; and
WHEREAS, the General Plan encourages mixed–use development to integrate residential, commercial, office, civic, and employment uses to reduce vehicle trips and support walkable neighborhoods; and
WHEREAS, mixed-use development promotes economic development by encouraging residential units with commercial uses and employment opportunities within close proximity to residential areas; and
WHEREAS, the mixed-use is intended to provide clear development standards, permitted uses, and review procedures to guide future development; and
WHEREAS, the City Council desires to provide a flexible zoning framework that allows for high quality development while ensuring compatibility with existing neighborhoods; and
WHEREAS, the City Council finds that establishing mixed-use standards is consistent with the goals and policies of the Montebello General Plan and the public health, safety, and welfare; and
ORDINANCE NO. 2487
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are true and correct and made a part of the findings in support of this Ordinance.
SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is consistent with the City’s General Plan ensuring compatibility between the different land uses operating within the designated mixed-use areas. The mixed-use standards are intended to implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment, infill development, and the revitalization within downtown, corridors, and neighborhoods.
SECTION 3. Chapter 17.22 of the Montebello Municipal Code is hereby amended in its entirety to read as follows (new language is underlined, while removed language is stricken):
Chapter 17.22 COMMERCIAL ZONES GENERALLY
17.22.010 Scope.
The following regulations shall be applicable to all properties and uses on any commercial (C) zone. The mixed-use sections shall apply to the C-1 and C-2 zones as described in section 17.22.220.
17.22.020 Development standards—Lot area, width and depth.
Exhibit 17.22.020 Commercial Development Standards, not applicable to mixed- use or standalone residential development projects.
EXHIBIT 17.22.020
COMMERCIAL DEVELOPMENT STANDARDS
Minimum Lot Maximum Zone
Area Width Depth Building
Height
Floor
Area
Ratio
Lot
Coverage
C-R 5,000 sq.
ft.
50 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
0.5:1 60%
ORDINANCE NO. 2487
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
C-1 5,000 sq.
ft.
50 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
1:1 Unlimited
except
for
required
yard
areas
C-2 2,500 sq.
ft.
25 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
3:1 Unlimited
except
for
required
yard
areas
C-M 7,500 sq.
ft.
25 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
2:1 Unlimited
except
for
required
yard
areas
ORDINANCE NO. 2487
17.22.030 Off-street parking and loading.
In addition to the following regulations, each lot or parcel of land in the C zones shall have and maintain off-street parking as prescribed in Chapter 17.52 of this code, Off- Street Parking Regulations. Any use with a gross floor area over six thousand square feet which requires deliveries or shipments must provide off-street loading facilities in accordance with the following requirements:
A. Required Spaces. Off-street loading spaces shall be provided on the same lot with every building or separate occupancy as follows:
Gross Floor Area (square feet) Required Spaces
6001 — 10,000 1
10,001 — 20,000 2
20,001 — 50,000 3
50,001 — 100,000 4
100,001 — 200,000 5
Each additional 100,000, or fraction
thereof
1 B. Size. Each off-street loading space shall be not less than twelve feet in width and thirty feet in length and fifteen feet in height. Uses requiring four or more spaces shall have one quarter (twenty-five percent) of the spaces with a minimum width of fourteen feet and a minimum length of sixty feet.
C. Location. Off-street loading facilities shall be located so that vehicles shall not extend on to public sidewalks or streets or required driveways in the course of loading or unloading goods.
17.22.040 Development standards—Trash areas.
Each lot or parcel shall be provided with facilities for the temporary storage and collection of trash, rubbish and garbage (hereafter "facilities") in accordance with all of the following:
A. Such facilities may be located within a building, or, if in the open, shall be enclosed by a masonry wall architecturally compatible with the main building and including a solid gate.
B. Where bulk-type trash containers are used, the same shall be fitted with rubber wheels for ease of movement.
C. All trash, rubbish and garbage receptacles and surrounding areas shall be regularly cleaned and maintained.
D. All containers shall be of substantial construction and provided with tight-fitting lids.
E. All trash storage areas shall be located for convenient vehicular access for pickup and disposal.
F. Trash areas in setbacks abutting residential zones are prohibited.
17.22.050 Development standards—Mechanical equipment, utilities or satellite dishes.
Each lot or parcel which has mechanical equipment or utilities or similar machinery located outside of the exterior walls of any building (except window-mounted devices), including roof-mounted equipment, shall:
A. Completely screen all such devices from view from any public right-of-way or adjacent residential uses by either view-obscuring landscaping, or architectural features compatible with the main structure(s);
B. Maintain all such devices to prevent collection of litter and to avoid unnecessary noise.
17.22.060 Development standards—Signs.
Signs shall be in compliance with Chapter 17.62 of this code.
17.22.070 Development standards—Storage.
Storage shall be limited to accessory storage of commodities sold at retail or utilized in the conduct of a permitted use which is located on the premises. Storage must be within a completely enclosed building, except that vehicles and equipment used in the operation of a permitted use may be stored outdoors on the premises in the C-M zone.
17.22.080 Development standards—Setbacks, buffering and screening.
A. Minimum setbacks are shown on Exhibit 17.22.080 (A), Setback Requirements for Commercial Zones.
B. Landscaping is required throughout all required setbacks which abut residential property and throughout all other setbacks and open areas which are visible from the public street right-of-way unless used for parking, access or loading.
C. A solid wall or decorative building facade must be constructed along all property lines abutting residential property. Such fences or walls must be a minimum of six feet in height. Any solid fence which is constructed within twenty feet of a street right-of-way may not exceed three feet in height.
D. All fences or walls shall be of materials and design architecturally compatible with the main building.
E. There shall be no height limit on fences or walls on commercial properties adjacent to residential properties except where the property is adjacent to a residentially- zoned front yard, the fence or wall shall be no more than three feet in height.
ORDINANCE NO. 2487
F. 1. If there is a common side or rear lot with residentially-zoned property, the commercially-zoned property must have a solid decorative (on both sides) wall. A wall shall be considered decorative if it incorporates architectural variation on its surface. That is, every six feet the materials or patterns of the wall shall vary.
2. In addition, the facade of such wall which faces the residential property shall be of a material as described in Section 17.10.130 (D).
EXHIBIT 17.22.080 (a)
SETBACK REQUIREMENTS FOR COMMERCIAL ZONES
From Lot Line Minimum Setback*
Front 5 feet; 0 feet with a decorative facade.
10 feet if abutting an R-zone.
20 feet in C-R if side abuts an R-zone.
Side 5 feet (15 feet if abutting R-zone); or
0 feet if no windows or doors (and
decorative if abutting an R-zone).
5 feet minimum in first 20 feet back from
the street if abutting an R-zone and has
a decorative facade.
5 feet in C-R if abutting R-zone.
Side Facing Street 5 feet; or 0 feet if decorative facade; 10 feet if C-R or if reverse corner lot
abutting R-zone.
Rear 5 feet (15 feet if abutting R-zone); or
0 feet if no windows or doors (and
decorative if abutting R-zone).
5 feet minimum in first 20 feet back from
street if a reverse corner lot abutting an
R-zone and has a decorative facade.
* Note: The required yard setback shall be increased to twenty feet for any yard where the driveway enters.
17.22.090 Development standards—Landscaping.
A. Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaped areas when installed. Plant materials shall cover the designated planting areas from the outset.
1. Shrubs shall be not less than three feet in height when planted and cover not less than thirty percent of the landscaped area.
ORDINANCE NO. 2487
2. Trees shall be planted at a rate of one tree for each twenty linear feet of landscaped area (excluding parking lots). Trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain a mature overall height of at least fifteen feet. Of each five required trees, one shall be at least fifteen feet in overall height when planted.
B. All landscaping shall be maintained in a neat, clean and healthful manner. To that end, each landscaped area shall be provided with a permanent, underground, automated irrigation system.
C. Nonliving material shall not be substituted for required landscaping, except that decorative rocks or stones may be substituted for groundcover where trees and shrubbery are sufficiently dense, (that is, cover at least seventy percent of the landscape area when planted).
D. A landscape plan (including plans for a permanent underground automated irrigation system) shall be submitted with the site plan for all commercial development. All landscaping and trees shall be approved by the city planning division, and installed prior to the issuance of a certificate of occupancy.
E. 1. Where a parking lot is visible from a public street, and lies within fifty feet of that street right-of-way, a five-foot deep landscape strip shall be developed adjacent to the street right-of-way in front of the parking lot.
2. In addition, if more than ten automobile parking spaces exist on a C-zoned lot or parcel of land, trees shall be provided internally in the lot in the amount of one tree for each ten parking spaces. The trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain an overall height at maturity of at least fifteen feet.
F. All landscaping provided in conjunction with the development of parking facilities serving commercially-zoned properties shall be surrounded by a continuous six-inch concrete curb.
17.22.100 Development standards—Building materials.
A. A building facade shall be considered decorative if it incorporates architectural variations on its surface. That is, for every six feet in height, an additional surface material or color shall be used.
B. Metal buildings are prohibited (except for emergency equipment and supply shelters).
C. Fence materials shall be wrought iron, slump stone, split-face rock, brick, stucco or a similar material as approved by the planning division. (Chain link fencing and nondecorative masonry walls are permitted except where visible from and parallel to public streets or along property lines that adjoin residential property).
D. Security gates or grills are prohibited on the exterior of windows, doors or other entry ways visible from the public right-of-way.
E. All exterior building materials are subject to review by the planning division.
ORDINANCE NO. 2487
17.22.105 Development standards—Color.
A. The purposes of this section are to establish exterior color standards for structures in the commercial zone to ensure that such structures (except those structures used solely for residential purposes) remain compatible and consistent with surrounding development and the desired character of the community, to promote a positive and attractive business environment in the city and to implement the goals and policies of the city's design guidelines. Providing for exterior color standards will create a sense of aesthetic harmony and encourage higher quality development, therefore improving the quality of life and overall image of the city. For purpose of this section, the term "structures" shall refer solely to the following: buildings, accessory buildings, and fences.
B. Consistent with the city of Montebello's design guidelines for commercial development, the primary body color of the exterior of a structure in the commercial zone shall be painted or colored in earth tones and neutral colors. Examples of earth tone or neutral colors include off-whites, siennas, light greys, beiges, tans, browns or other similarly subdued tones, shades, or colors. When choosing exterior colors, consideration shall be given to the color of other structures nearby, with the objective being that the exterior colors of adjacent or surrounding structures complement one another.
C. While earth tones and neutral colors shall serve as the dominant overall primary body color of the exterior of a structure within the commercial zone, brighter colors may be used to accent other structural elements such as doors, window frames and other architectural features. Neon colored paint shall not be allowed on any structure. Such brighter colors and the placement of such brighter colors shall complement the primary body color of the structure as well as highlight decorative details, such as ornaments, trims, fascias, inlays, tile, ironworks, awnings and other architectural features of the structure.
D. These color standards shall apply to the color of new structures in the commercial zone as well as the re-painting and color of existing structures in the commercial zone. For purposes of this section, "existing structures" shall mean any structure (whether occupied or vacant) located in the commercial zone which is built and in existence prior to the effective date of this section of the zoning code.
E. Any property owner or designated representative of the owner of any existing structure in the commercial zone whose existing exterior color(s) do not comply with the color standards set forth herein at the time this section becomes effective shall have eighteen months from the effective date of this section to comply with the provisions herein. Moreover, if an existing structure in the commercial zone is re- painted after this section becomes effective and the color(s) used do not conform to these color standards, it shall be subject to code enforcement for compliance.
F. Exterior Colors—Existing Structures.
1. Permits shall be required to re-paint the exterior of any existing structure in the commercial zone, provided that no fee shall be charged by the city of
ORDINANCE NO. 2487
Montebello for processing or obtaining the permit. In order to obtain the permit to re-paint the existing structure, the property owner or designated representative of the owner of any existing structure in the commercial zone shall submit the proposed exterior color plan to the city's planning division in order to determine if the color plan complies with the color standards set forth herein. For purpose of this section, the terms "exterior color plan," "color plan" or "color plans" shall all refer to any document or rendering describing or depicting the exterior colors to be used on the structure, including but not limited to, a color and materials board or exterior paint color samples. A good faith effort in achieving color compatibility and harmony with adjacent structures is required by all applicants. The planning division shall review and make a determination regarding the proposed color plan. If the color plan is approved by the planning division, a permit shall thereafter be issued to the property owner or designated representative of the owner of the existing structure. If the color plan is not approved by the planning division, the matter may be appealed to the design review board with no fee assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans. The decision of the design review board is final.
2. With respect to administrative projects other than re-painting of existing structures in the commercial zone, the exterior color plans shall be reviewed by the planning division for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to the design review board. No fee shall be assessed upon the applicant for purpose of the appeal.
As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the commercial zone. The decision of the design review board shall be final.
3. With respect to discretionary projects (or projects requiring planning commission or city council review) involving existing structures in the commercial zone, the exterior color plans shall be reviewed by the design review board for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior color plan by the design review board may appeal the matter to the city council and pay the requisite fee for the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The city council shall review appeals and approve, approve with conditions, or deny the
ORDINANCE NO. 2487
proposed color plans of the existing structure in the commercial zone. The decision of the city council shall be final.
G. Exterior Colors—New Structures.
1. Exterior colors to be used on new structures in the commercial zone shall be reviewed either by the planning division or the design review board as part of its general review process for administrative or discretionary projects. Exterior color review shall be required upon request for any permit or other type of building or land use entitlement required by this code with respect to the construction or development of any new structure in the commercial zone.
Proposed color plans shall be provided by the applicant as required by the planning division or the design review board. A good faith effort in achieving color compatibility and harmony with adjacent structures is required of all applicants.
2. With respect to administrative projects, the planning division shall review the proposed color plans. Any applicant objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to design review board with no fee assessed upon the applicant for purpose of the appeal. For purpose of appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. With respect to discretionary projects, the planning division shall present the exterior color plans to the design review board. The design review board shall review the proposed color plans and determine compliance with the color standards herein. In reviewing the proposed color plans, the design review board can approve, approve with conditions, or deny the proposed color plans. If the proposed color plans are not approved by the design review board, the applicant can modify the proposed color plans and resubmit them to the design review board, or appeal the matter to the city council within fourteen days of the design review board's action, or the next city council meeting, whichever is sooner. The decision of the city council regarding the appeal of the design review board's determination shall be final.
ORDINANCE NO. 2487
17.22.110 Development standards—Noise.
A. 1. Every use shall be so operated that the noise inherent and recurrently generated does not exceed the following levels at the lot line of the lot on which the use is located:
Adjacent Zone Maximum Noise Level: 7
a.m. to 10 p.m.
Maximum Noise Level: 10
p.m. to 7 a.m.
Residential 65 dBA 60 dBA
Commercial 70 dBA 70 dBA
Industrial 75 dBA 75 dBA
2. Every use in the C-R and C-1 zones shall be so operated that the noise inherently and recurrently generated does not exceed sixty dBA between seven a.m. and nine p.m. and fifty-five dBA between ten p.m. and seven a.m. when adjacent to a residential zone.
B. It is unlawful for any person or any property to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed:
1. The noise standard for a cumulative period of more than thirty minutes in any hour; or
2. The noise standard plus five dBA for cumulative period of more than fifteen minutes in any hour; or
3. The noise standard plus ten dBA for a cumulative period of more than five minutes in any hour; or
4. The noise standard plus fifteen dBA for a cumulative period of more than one minute in any hour; or
5. The noise standard plus twenty dBA for any period of time.
C. For the purpose hereof, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as noise level for the entire cumulative period of the noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative period of the noise.
17.22.120 Limitations on permitted uses—Enclosure.
All uses, including storage, shall be in a completely enclosed building, except as otherwise permitted in this chapter.
17.22.130 Limitations on permitted uses—Sales uses.
All permitted sales shall be limited to retail sales only (C-1 and C-2 only).
ORDINANCE NO. 2487
17.22.140 Limitations on permitted uses—Storage of certain materials.
Materials which might cause fumes or dust, which constitute a fire hazard, or which are edible by or attractive to rodents or insects shall be stored only in closed containers.
17.22.150 Limitations on permitted uses—Outdoor sales areas.
Permitted outdoor sales areas shall be improved and maintained to comply with all of the regulations of Chapter 17.52 of this code for the improvement and maintenance of off-street parking areas. All permitted outdoor sales and/or display areas visible from the public right-of-way shall be separated from the public right-of-way by a minimum of a ten-foot wide landscape planter located adjacent to the street facing property lines. In addition a minimum of five percent of such lot area used for outdoor sales or display shall be landscaped in accordance with Section 17.22.090 of this code.
17.22.160 Limitations on permitted uses—Temporary uses.
Those temporary uses permitted pursuant to Appendix A, Index of Permitted Uses and to Chapter 12.16 of this code, temporary uses.
17.22.170 Limitations on permitted uses—Conditional uses.
Those conditional uses permitted pursuant to Appendix A, Index of Permitted Uses. (See Chapter 17.70 of this code, Conditional Use Permits.)
17.22.180 Limitations on permitted uses—Civic center district.
All plans for buildings or structures, other than single-family residential units, proposed to be located upon properties included in the district, shall be submitted to the planning commission and city council for review and approval prior to the issuance of a building permit. (See Chapter 17.40 of this code.)
17.22.190 Limitations on permitted uses—Extended hours permits.
A. In the general commercial zone, restaurants may stay open between twelve a.m. and seven a.m. only with an extended hours permit. In the C-1 zone, take-out food establishments may stay open between nine p.m. and seven a.m. only with an extended hours permit.
B. An application for an extended hours permit must be made by the person intending to operate the restaurant in question. The application must be signed by the restaurant operator and must be filed with the city license collector using a standardized form containing the following information:
1. The address of the restaurant for which the application is being submitted;
2. The name and address of the owner(s), partners, officers or directors of the business;
3. The name and address of the applicant;
4. The intended hours of operation;
ORDINANCE NO. 2487
5. The name and address of any person in charge of the business during the hours between twelve a.m. and seven a.m.
C. 1. Upon receipt of an application for an extended hours permit, the license collector shall forward the application to the special services officer who will initiate a request for an investigation of the applicant, the business, and the neighborhood by the police department.
2. Within thirty days from receipt of the application, the special services officer will issue the permit if it can be found that:
a. The application is complete and in proper form and all information provided is accurate and true;
b. The proposed extended hours of operation will not create a public nuisance infringing on the peace and safety of nearby businesses and residents; c. That the extended hours of operation do not conflict with any state or local law, ordinance or existing permit.
2. If the special services officer cannot make one or more of the findings stated in subdivision 1 of this subsection, the permit request cannot be approved. In such case, the applicant may request a city council hearing on the application.
Pending testimony at a public hearing before the city council, the council may issue the permit and may impose special conditions on the permit.
D. Extended hours permits are not transferable.
E. Extended hours permits must be renewed on an annual basis. An application form as described must be completed and submitted with the annual business license.
The license collector will forward the application to the special services officer to be reviewed for changes or problems which may have occurred during the previous year. Within thirty days, the special services officer will either issue the permit renewal or inform the applicant by certified mail that the permit has been denied.
F. At any time that it becomes apparent to the special services officer or to the chief of police that an existing permit is in violation of one or more findings stated herein, a hearing before the city council may be scheduled. Pending public testimony, the city council may revoke, suspend, or place special conditions on the permit in question.
In no case shall the city council revoke or place permanent special conditions on a permit without a public hearing. However, the city council may suspend or place temporary conditions on a permit at any time. Notice of such suspension must be given to the applicant by certified mail within five days after the city council action.
17.22.200 Limitations on permitted uses—Motels and hotels.
Motels and hotels are permitted in the C-2 and C-M zones, provided the following conditions are met:
A. All motel/hotel projects shall have a minimum of forty units; B. The site for a motel or hotel development must be at least three hundred feet away from residentially-zoned property;
ORDINANCE NO. 2487
C. A motel or hotel may not be rented for a single period less than twenty-four hours nor more than thirty days;
D. Each motel or hotel unit must be at least two hundred twenty-five square feet in size including the restroom and shall provide the following amenities: telephone, television, wall-to-wall carpeting;
E. Motel and hotel sites shall provide a ten-foot-wide landscape strip along all street frontages; and
F. All facades of motel and hotel buildings shall be decorative, using three or more different surface materials, textures and colors.
17.22.210 Issuance of building permits for lots abutting a narrow street.
No building permit shall be issued for the construction, reconstruction or relocation of any building or structure to be located on any lot in this zone, abutting upon a street having a lesser width than established by resolution of the city council unless the following requirements are complied with:
A. Dedication of Street Right-of-Way. When the building permit valuation is fifteen thousand dollars or more, the owner of such lot shall make a formal offer of dedication to the city for public street purposes, and all appurtenant uses, of a depth equal to one-half of the width of the street as described by resolution of the city council.
B. Setbacks. The required setback shall be maintained in this zone for all buildings, structures and improvements including off-street parking as measured from the right-of-way width established by resolution of the city council.
C. Off-Site Improvements. When the building permit valuation is seven thousand five hundred dollars, any building permit shall be subject to provide improvements for curb, gutter and sidewalk in compliance with Section
15.04.070.
17.22.220 Mixed- Use Development Standards – Purpose and Intent The purpose of this Chapter is to ensure compatibility between the different land uses operating within the designated mixed-use areas. The mixed-use standards are intended to implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment. The requirements of this Chapter shall apply to establish regulations for mixed-use housing opportunities in the City of Montebello (the “City”).
A. Mixed-use development in the C-1 Zone is intended for predominantly residential areas in proximity to bus routes and multi-modal corridors. The C- 1 Zone permits horizontal and vertical mixed- use appropriately scaled for adjacent neighborhoods.
ORDINANCE NO. 2487
B. Mixed-use development in the C-2 Zone is intended to accommodate the highest-intensity activity centers in proximity to bus routes and multimodal corridors. The C-2 Zone permits both horizontal and vertical mixed-use development at a scale appropriate for high-intensity uses that benefit from transit access and pedestrian activity.
17.22.230 Permitted uses in Mixed-Use Zone
A. Permitted uses.
In addition to Appendix A- INDEX OF PRIMARY USES, Table 17.22.230 lists the permitted uses and conditionally permitted land uses for the mixed- use developments in the C-1 and C-2 zoned lots indicating the type of approval required to comply with all provisions of this title.
a. Use not listed. When a use is not specifically listed in Table 17.22.230, the Planning and Community Development Director or his/her designees, shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to, and no more detrimental than, those permitted in the zone, Uses not listed, or otherwise determined by the Planning and Community Development Director or his/her designee to be permitted, are prohibited.
B. Permit requirements.
a. Permitted uses subject to compliance with all applicable provisions of the Montebello Municipal Code, and in compliance with the Mixed-Use Development Standards pursuant to Chapter 17.22 are shown as “P” uses in the tables. Uses shown as “P” will be subject to ministerial review based on the objective design standards in Chapter 17.22 of the Montebello Municipal Code. b. Uses allowed subject to the approval of a Conditional Use Permit in compliance with Montebello Municipal Code Chapter 17.70, and shown as “CUP” uses in the table.
c. Not allowed in a particular zone and shown as a “——” in the tables.
Table 17.22.230: Permitted uses for Mixed-use projects
C-1 C-2
1 Commerce, Manufacturing, Processing
Artisan/craft manufacturing, commercial kitchen
printing and publishing P P
Research and Development P P
Warehouse and Distribution —— ——
ORDINANCE NO. 2487
Personal storage facility —— ——
Makers Space P P
2 Retail
Supermarket, home improvement center P P
Neighborhood market, pharmacy P P
Restaurants P P
Retail businesses P P
Retail Pop-Ups P P
Restaurant with dancing, live entertainment, craft
brewery and winery (including retail sales), nightclub CUP CUP Medical Marijuana cultivation, manufacturing, sales,
delivery, and distribution —— ——
3 Services
Personal Services: Personal Services, such as
barber and beauty shops, dry cleaning pick-up stores,
home electronics and small appliance repair, nail
shops - manicure, pedicure, and tailors
P P
Personal Services (restricted): Banquet
facility/catering, accessory massage (licensed,
therapeutic, and in conjunction with primary
businesses such as day spa, beauty salon, barber
shop or similar uses) and tanning salons
CUP CUP
Professional Services: Includes professional offices
for banks, commercial art and design, counseling
services, scientific and research organizations, media
post production and news services, urgent care clinic,
and medical clinic (doctor, dentist)
P P
4 Accessory Commercial Uses
Drive-through facility —— ——
Incidental entertainment P P
Outdoor cafe (Dining) P P
Outdoor display CUP CUP
Outdoor storage —— CUP
5 Automobile related
Vehicle Sales and associated vehicle service and
parts —— CUP
Vehicle parts, maintenance, or repair, detailing,
painting, service stations —— ——
Drive-through establishments including car wash —— ——
6 Utility, Transportation
Mobility hub P P
Parking facility (public or commercial) P P
Utility Facilities and Infrastructure —— CUP
Wireless telecommunication facility CUP CUP
7 Residential Uses