Montebello City Council
April 8, 2026

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, APRIL 8, 2026 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Georgina Tamayo, Mayor
Danielle Romero, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Salvador Melendez, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of City Clerk Services
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Kimberly Guillen
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

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NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.

Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.

Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

April 8, 2026: City Council Meeting Page 3 of 7

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure in two cases

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Maria Concepcion Sanchez v. City of Montebello, et al.

Case No.: 24STCV22807

REGULAR SESSION - 7:00 P.M.

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

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CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

3. PROCLAMATION FOR NATIONAL CHILD ABUSE PREVENTION MONTH

4. PROCLAMATION FOR AUTISM AWARENESS MONTH

5. PROCLAMATION FOR ARMENIAN HISTORY MONTH

6. PROCLAMATION FOR NATIONAL DONATE LIFE MONTH

7. PROCLAMATION FOR INVINCIBLE DAY
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS - NONE

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

8. PROCLAMATION FOR NATIONAL VOLUNTEER MONTH

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Proclamation declaring April as National Volunteer Month.

9. APPROVAL OF RESOLUTION NOS. 26-24 AND 26-25 APPROVING THE CANCELLATION OF REGULARLY

SCHEDULED CITY COUNCIL MEETINGS AND HOLIDAY CLOSURES OF CITY HALL AND RELATED

ADMINISTRATIVE FACILITIES

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-24, approving the cancellation of regularly scheduled City Council meetings on July 8, 2026; July 22, 2026; November 11, 2026; November 25, 2026; and December 23, 2026; and

April 8, 2026: City Council Meeting Page 5 of 7

2. Adopt Resolution No. 26-25, approving the closure of City Hall and the Recreation and Community Services on Wednesday, November 25, at 1:00 p.m.; and

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

10. ADOPT RESOLUTION NO. 26-22 DECLARING THE CITY'S INTENTION TO LEVY FISCAL YEAR 2026-27

ANNUAL ASSESSMENTS FOR THE NATASHA LANE SEWER AND STORM WATER PUMP STATION ASSESSMENT DISTRICT 2005-2

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-22 (Attachment A) establishing the City's intention to increase the Fiscal Year 2026-27 Levy of Annual Natasha Lane Sewer and Storm Water Pump Stations Assessment District No. 2005-2; and

2. Authorize the City to order the preparation and filing of an Engineer's Report; and

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

11. APPROVE ISSUING REQUEST FOR QUALIFICATIONS (RFQual) NO. 26-03 TO SOLICIT STATEMENT OF

QUALIFICATIONS FOR LABOR COMPLIANCE AND PROGRAM ADMINISTRATION SUPPORT SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize staff to publish a Request for Qualifications (RFQual No. 26-03) to solicit statement of qualifications from qualified firms for on-call labor compliance and program administration support services; and

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

12. APPROVE ISSUING REQUEST FOR QUALIFICATIONS NO. 26-04 TO SOLICIT STATEMENT OF

QUALIFICATIONS FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize staff to publish a Request for Qualifications (RFQual No. 26-04) to solicit statement of qualifications from qualified firms for on-call material testing and special inspection services; and

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

13. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4282 WITH TOWNSEND PUBLIC AFFAIRS, INC. TO

MODIFY THE COMPENSATION STRUCTURE FOR GRANT WRITING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4282 with Townsend Public Affairs, Inc. to modify the compensation structure from a monthly services rate to a project-based rate; and

2. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 4282 with Townsend Public Affairs, Inc; and

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

14. REJECT BIDS RECEIVED FOR CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945) IN ACCORDANCE WITH PUBLIC CONTRACT SECTION 22038(A)(1) AND AUTHORIZE STAFF TO PROCEED

WITH READVERTISING AND REBIDDING THE PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Reject all bids received for the Chet Holifield Community Garden Project (CP 945) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to refine the project plans and specifications and re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and

3. Authorize the City Clerk’s office to release bidders’ bonds; and

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

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15. APPROVAL OF MINUTES: MARCH 25, 2026, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-23 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED APRIL 08, 2026

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-23 approving the Warrant Register dated April 08, 2026.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.

• Salvador Melendez, Councilmember

• Ric Alonzo, Councilmember

• Danielle Romero, Mayor Pro Tem

• Scarlet Peralta, Councilmember

• Georgina Tamayo, Mayor

1. Seek consensus to ask staff to explore the feasibility of adding uplighting to City Hall to enhance visibility and civic pride and report back with recommendations.

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on April 22, 2026, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has

April 8, 2026: City Council Meeting Page 7 of 7

been posted on or before Sunday, April 5, 2026, no later than 6:00 p.m.

Kimberly Guillen, Director of City Clerk Services

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

• CITY OF MONTEBELLO FORECASTED AGENDA

ITEM # 8

APPROVAL OF PROCLAMATION: NATIONAL VOLUNTEER MONTH

PROCLAMATION
PROCLAIMING MARCH 2026 AS NATIONAL VOLUNTEER MONTH
WHEREAS, the month of April is recognized nationwide as National Volunteer Month, a time to celebrate and honor the individuals who dedicate their time, energy, and talents to improving the lives of others; and
WHEREAS, volunteers are the backbone of strong, compassionate communities, contributing countless hours of service that support local programs, enhance public services, and uplift those in need; and
WHEREAS, the City of Montebello is enriched by the generosity and civic spirit of its volunteers, who serve in schools, community organizations, service groups, and City programs, helping to create a more vibrant and connected community; and
WHEREAS, volunteerism fosters a sense of unity, encourages civic engagement, and inspires individuals of all ages to take an active role in shaping the future of their community; and WHEREAS, recognizing volunteers not only honors their contributions but also encourages others to follow their example and make a meaningful difference through service; NOW, THEREFORE, I, Mayor Georgina Tamayo, on behalf of the City Council of the City of Montebello, do hereby proclaim April 2026 as “National Volunteer Month” in the City of Montebello, and encourage all residents to recognize the invaluable contributions of volunteers and to consider giving back through service in their community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Montebello to be affixed this 8 of April 2026.

Georgina Tamayo
Mayor
April 8, 2026

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Kimberly Guillen, Director of City Clerk Services

SUBJECT: APPROVAL OF RESOLUTION NOS. 26-24 AND 26-25 APPROVING

THE CANCELLATION OF REGULARLY SCHEDULED CITY COUNCIL

MEETINGS AND HOLIDAY CLOSURES OF CITY HALL AND RELATED

ADMINISTRATIVE FACILITIES

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 26-24, approving the cancellation of regularly scheduled City Council meetings on July 8, 2026; July 22, 2026; November 11, 2026; November 25, 2026; and December 23, 2026; and

2. Adopt Resolution No. 26-25, approving the closure of City Hall and the Recreation and Community Services on Wednesday, November 25, at 1:00 p.m.; and

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

FISCAL IMPACT:

The reduced operating hours will save costs on utilities and other operational expenses.

BACKGROUND/DISCUSSION:

The City of Montebello periodically adjusts its City Council meeting schedule and operating hours to reflect operational needs, established holiday observances, and historical practice. These observances are generally based on the Memoranda of Understanding (MOU) adopted by the City’s employee bargaining groups and include closures for major holidays such as Thanksgiving Day, Christmas Day, and New Year’s Day.

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

In alignment with these observances, and to provide City staff the opportunity to spend time with their families during the holiday season, the City Council has historically approved adjustments to its meeting schedule, along with limited closures of City Hall and related administrative facilities. These adjustments typically occur during periods when City business activity is reduced and attendance at public meetings is lower due to holiday travel, community events, and family commitments.

The City has also periodically canceled regularly scheduled City Council meetings when they occur near major holidays or when scheduling conflicts arise, such as Councilmember attendance at conferences. These cancellations help optimize staff time and City resources while ensuring that essential City operations continue uninterrupted.

For 2026, staff recommends that the City Council approve the cancellation of the regularly scheduled City Council meetings on July 8, July 22, November 11, November 25, and December 23, 2026. Staff also recommends the early closure of City Hall and the Recreation and Community Services Administrative Office on Wednesday, November 25, 2026, at 1:00 p.m. These proposed adjustments are consistent with past practice and are not expected to significantly impact City operations, as essential services, including Police, Fire, and other public safety operations, will remain fully operational.

The regularly scheduled City Council meeting on Wednesday, November 11, 2026, falls on the Veterans Day holiday. In observance of this federal holiday, staff recommends canceling the November 11 meeting. To maintain the regular flow of City Council business, the meeting will instead be held on Tuesday, November 10, 2026.

If approved, the City Manager’s Office, City Clerk’s Office, and Public Affairs will coordinate public notification of the meeting cancellations and facility closures through the City’s website, social media platforms, and appropriate signage at affected facilities.

ENVIRONMENTAL:

N/A

ANALYSIS:

If approved by the City Council, communication regarding the cancelations will be coordinated by the City Manager’s Office, City Clerk’s Office, and Public Affairs. The community will receive notice of the cancelations through signage at City Hall, social media, and the City’s website.

SUMMARY:

Staff recommends that the City Council adopt Resolution No. 26-24 approving the cancellation of the regularly scheduled City Council meetings on July 8, July 22, November 11, November 25, and December 23, 2026, and adopt Resolution No. 26-25 approving the early closure of City Hall and the Recreation and Community Services Administrative Office on November 25, 2026, at 1:00 p.m. The recommendation also

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

includes the option for the City Council to take any other related actions deemed necessary.

ATTACHMENT(S)

1. Attachment A - Resolution No. 26-24

2. Attachment B - Resolution No. 26-25

ATTACHMENT A
RESOLUTION NO. 26-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING CANCELLATION OF REGULARLY SCHEDULED MEETINGS ON JULY 8, 2026; JULY 22, 2026; NOVEMBER 11, 2026; NOVEMBER 25, 2026; AND DECEMBER 23, 2026
WHEREAS, the City of Montebello City Council holds Regular Meetings twice a month to conduct City business and address community concerns; and WHEREAS, the City has historically adjusted its regular meeting schedule during periods surrounding major holidays, including Independence Day, Veterans Day, Thanksgiving, and the winter holiday season, when attendance and participation are typically reduced; and
WHEREAS, many residents and Councilmembers are engaged in family events, holiday travel, and related activities during these periods, making it reasonable to cancel meetings in order to optimize City resources and staff time; and WHEREAS, the regularly scheduled City Council meeting on November 11, 2026, falls on the Veterans Day holiday, and cancellation of this meeting is consistent with the City’s holiday observances; and
WHEREAS, the regularly scheduled City Council meetings on November 25, 2026, and December 23, 2026, fall during the Thanksgiving and winter holiday periods, when City business activity is reduced and meeting attendance is historically lower; and WHEREAS, the cancellation of these meetings will be properly communicated to the public through official City channels, including signage, social media, and the City’s website;

NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO THAT:

1. The City Council hereby approves the cancellation of the regularly scheduled City Council meetings on July 8, 2026; July 22, 2026; November 11, 2026; November 25, 2026; and December 23, 2026.

2. The City Manager’s Office, City Clerk’s Office, and Public Affairs Department are directed to coordinate appropriate public notification of these cancellations.

3. This Resolution shall take effect immediately upon its adoption.

RESOLUTION NO. 26-24

APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 2026

_______________________________
Georgina Tamayo, Mayor

ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-24 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8th day of April 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT B

RESOLUTION NO. 26-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING THE CLOSURE OF CITY HALL AND THE RECREATION AND

COMMUNITY SERVICES ADMINISTRATIVE OFFICE ON WEDNESDAY, NOVEMBER 25, 2026, AT 1 P.M.

WHEREAS, the City of Montebello has established annual holiday observances based on the Memoranda of Understanding adopted by various employee groups; and WHEREAS, these observances include closures for major holidays such as Thanksgiving Day, Christmas Day, and New Year’s Day; and WHEREAS, in alignment with these established holiday observances, the City has historically approved early closures of administrative offices to allow employees additional time with their families during the holiday season; and WHEREAS, staff recommends the early closure of City Hall and the Recreation and Community Services Administrative Office on Wednesday, November 25, 2026, at 1:00 p.m., in observance of the Thanksgiving holiday; and
WHEREAS, this early closure is not expected to significantly impact City operations, as routine business activity is typically reduced during this period, and essential services will remain operational; and
WHEREAS, advance notice of the closure will be provided to the public through appropriate communication channels, including the City’s website, social media platforms, and on-site postings;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO AS FOLLOWS:

1. The City Council hereby approves the closure of City Hall and the Recreation and Community Services Administrative Office on Wednesday, November 25, 2026, at 1 p.m.

2. The City Manager, City Clerk, and Public Affairs are directed to provide public notice of these closures through the City’s website, social media platforms, and other appropriate channels.

3. Arrangements will be made to ensure that critical City services remain operational and that the public has access to necessary resources during the closure periods.

RESOLUTION NO. 26-25

APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 2026

_______________________________
Georgina Tamayo, Mayor

ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-25 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8th day of April 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

ITEM # 10

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: ADOPT RESOLUTION NO. 26-22 DECLARING THE CITY'S INTENTION TO LEVY FISCAL YEAR 2026-27 ANNUAL ASSESSMENTS FOR THE

NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT 2005-2

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 26-22 (Attachment A) establishing the City's intention to increase the Fiscal Year 2026-27 Levy of Annual Natasha Lane Sewer and Storm Water Pump Stations Assessment District No. 2005-2; and

2. Authorize the City to order the preparation and filing of an Engineer's Report; and

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

FISCAL IMPACT:

The operation and maintenance (O&M) costs for the sewer and storm drain facilities servicing the Natasha Lane residential development (Attachment A, Exhibit A) are funded through an annual parcel assessment. Over the last several fiscal years, the system experienced increased maintenance, repairs, and equipment replacement needs due to the age of the storm water and sewer pump lift stations.

Approval of Resolution No. 26-22 (Attachment A) initiates the assessment proceedings for Fiscal Year 2026-27. Prior year assessments were not sufficient to recuperate expenses related to prior maintenance work, replacement of pump equipment, and other necessary repairs. Because of the ongoing shortfall between expenses and the annual levy, there is a projected deficit of $188,236 as of June 30, 2026.

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

In addition, there are known near-term capital expenses related to replacement of the sewer and storm drain pumps that will require additional levy amounts. It is estimated that the combination of near-term capital expenses and erasing the existing deficit requires an additional $859,023 in levies be collected. This amount will be recovered over a period of several years.

City staff are required to prepare an Engineer’s Report that analyzes and calculates the assessment levies, which includes actual O&M costs, proposed future assessments, and the method of apportionment for the assessment district. The Fiscal Year 2026-27 budget will include appropriations for assessment revenues and associated expenditures necessary to properly maintain and operate the sewer and storm drain system. The Engineer’s Report will provide detailed financial analysis required to support future upkeep of the proposed assessment.

BACKGROUND/DISCUSSION:

Natasha Lane is a twenty-unit housing development completed in 2005 near the intersection of Whittier Boulevard and Bluff Road. Due to the topography of Natasha Lane, the development required the construction of sewer and storm drain pump stations.

The City is responsible for the maintenance and operation of the pump lift stations and appurtenant facilities.

An annual assessment is being proposed to offset the cost of maintenance and operation for Fiscal Year 2026–27, as well as to begin establishing a capital reserve to pay for upcoming capital projects related to the required replacement of the sewer and storm drain pump stations.

The attached Resolution No. 26-22 (Attachment A) establishes the City Council’s intention to levy the assessment and orders the preparation of an Engineer’s Report for the assessment district. The approval of the resolution initiates the assessment proceedings. The boundary of the assessment district is shown in Exhibit “A” attached to the Resolution (Attachment A). Pressention of the Engineer's Report and announcment of a public hearing will be done at the April 22, 2026 City Council meeting.

ENVIRONMENTAL:

Pursuant to CEQA Guidelines § 15061(b)(3), this action will not have a significant impact on the physical environment, since the subject resolution is for various administrative items associated with the subject property into existing assessment districts for purposes of maintenance.

ANALYSIS:

The proposed levy for Assessment District 2005-2 will require a Proposition 218 vote by property owners. This agenda report is the first of three public meetings required as part of the assessment process and for initiation and completion of a Proposition 218 vote by the Natasha Lane property owners.

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

Proposition 218 is a California law approved by voters in 1996 that outlines how public agencies notify property owners and gather public input when proposing certain rate changes. Because the proposed Natasha Lane assessment amounts aim to provide sufficient funding for ongoing expenses while establishing a capital reserve for near-term capital expenditures, the Proposition 218 process must be followed.

In short, Proposition 218 requires a formal vote by property owners, requiring that:

"Prior to levying a new or increased assessment, or an existing assessment that is subject to the procedures and approval process set forth in Section 4 of Article XIIID of the California Constitution, an agency shall give notice by mail to the record owner of each identified parcel. Each notice shall include the total amount of the proposed assessment chargeable to the entire district, the amount chargeable to the record owner’s parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, and the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures for the completion, return, and tabulation of the assessment ballots required pursuant to subdivision (c), including a statement that the assessment shall not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with ballots weighted according to the proportional financial obligation of the affected property."

The Proposition 218 process also requires an agency to give notice by mail at least 45 days prior to the date of the public hearing upon the proposed assessment. The April 22, 2026 City Council meeting will serve two purposes: 1) presentation of the Engineer's Report; and, 2) notice of a public hearing to be held on June 24, 2026 (more than 45 days from April 22).

The Proposition 218 ballot process requires that "on the face of the envelope mailed to the record owner, in which the notice and ballot are enclosed, there shall appear in substantially the following form in no smaller than 16-point bold type: “OFFICIAL BALLOT ENCLOSED.” An agency may additionally place the phrase “OFFICIAL BALLOT ENCLOSED” on the face of the envelope mailed to the record owner, in which the notice and ballot are enclosed, in a language or languages other than English."

At the notice of public hearing meeting date of April 22, 2026, which is the second step in the assessment process, City Council is asked to consider approval of the Engineer’s Report and confirm the levied amount of the assessment that shows all the properties that are to be included in the assessment district. The public hearing for the assessment district is anticipated to be held at the regularly scheduled City Council meeting of June 24, 2026. These dates preserve the proper noticing deadlines per Proposition 218 and provide the Natasha Lane property owners with ample time to review the Engineer's Report.

SUMMARY:

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

The City Council will consider approval of Resolution No. 26-22 (Attachment A) establishing the City’s intention to levy an assessment for the operation and maintenance of the sewer and storm drain pump stations installed as part of the Natasha Lane housing development and orders the preparation and filing of an Engineer’s Report for the assessment district (2005-2). Continued assessment of the properties benefiting from these improvements is necessary to offset the cost of maintenance, operation, and replacement of capital infrastructure critical to proper storm and sewer pump operations. There will be two subsequent meetings -- April 22 and June 24 -- at which the Engineer's Report will be presented and City Council action taken to levy the assessment necessary to provide for ongoing maintenance and required near-term pump station replacement.

ATTACHMENT(S)

1. Attachment A - Resolution No. 26-22

ATTACHMENT A
RESOLUTION NO. 26-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO INITIATING PROCEEDINGS FOR THE FISCAL YEAR 2026 -27 LEVY OF INCREASED ANNUAL

ASSESSMENTS FOR SEWER AND STORM DRAIN PUMP STATION OPERATIONS,

MAINTENANCE, AND CAPITAL RESERVES FOR PROPERTIES LOCATED ALONG

NATASHA LANE, AND ORDERING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT

RECITALS

WHEREAS, the City Council of the City of Montebello proposes to initiate proceedings for the levy of increased annual assessments for properties located along Natasha Lane, as shown in Exhibit “A,” for the Sewer and Storm Drain Pump Station Assessment District (hereinafter referred to as the “District”), pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California; and

WHEREAS, the City Council intends to levy and collect assessments to fund the operation, maintenance, and capital reserves associated with the sewer and storm drain pump station facilities serving the District; and

WHEREAS, the provisions of Division 15, Part 2 require the preparation and filing of an Engineer’s Report in accordance with Chapter 3 (commencing with Section 22620) of said Code; and

WHEREAS, the boundaries of the assessment district are generally described as the properties located along Natasha Lane and are more particularly shown on Exhibit “A” attached hereto and incorporated herein; and

WHEREAS, no new improvements are proposed at this time, and the assessment will continue to fund the ongoing operation, maintenance, and future replacement of existing facilities.

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

SECTION 1. The above recitals are true and correct and are hereby incorporated herein.

SECTION 2. The City Council hereby declares its intention to levy increased annual assessments for Fiscal Year 2026- 27 within the District to fund the operation, maintenance, and capital reserves of the sewer and storm drain pump station facilities.

SECTION 3. The City Engineer is hereby ordered to prepare and file with the City Council an Engineer’s Report relating to the Fiscal Year 2026 -27 levy of annual assessments for the District in accordance with Chapter 3 (commencing with Section

RESOLUTION NO. 26-22

22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

SECTION 4. Upon completion, the Engineer’s Report shall be filed with the City Clerk, who shall present the same to the City Council for its consideration in accordance with Section 22623 of the Streets and Highways Code.

[Signatures on the following page.]

RESOLUTION NO. 26-22

AP
PROVED AND ADOPTED THIS 8TH DAY OF APRIL 2026.
___
____________________________
Georgina Tamayo, Mayor
A
TTEST: APPROVED AS TO FORM:
___
_____________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney S

TATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los A ngeles, State of California, hereby certify that the foregoing Res olution No. 26-22 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8thth day of April 2026 and that said Resolution was adopted by the following vote, to- wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk
EXHIBIT A: Sewer and Storm Drain Pump Station Assesment District Map

(;+,%,7$
Addresses:
100 Natasha Lane 109 Natasha Lane 121 Natasha Lane 132 Natasha Lane 101 Natasha Lane 112 Natasha Lane 124 Natasha Lane 133 Natasha Lane 104 Natasha Lane 116 Natasha Lane 125 Natasha Lane 136 Natasha Lane 105 Natasha Lane 117 Natasha Lane 128 Natasha Lane 137 Natasha Lane 108 Natasha Lane 120 Natasha Lane 129 Natasha Lane 141 Natasha Lane

ITEM # 11

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 ISSUING REQUEST FOR QUALIFICATIONS (RFQual) NO. 26-03 TO SOLICIT STATEMENT OF QUALIFICATIONS FOR LABOR

COMPLIANCE AND PROGRAM ADMINISTRATION SUPPORT

SERVICES

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize staff to publish a Request for Qualifications (RFQual No. 26-03) to solicit statement of qualifications from qualified firms for on-call labor compliance and program administration support services; and

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing the Request for Qualifications (RFQual) No. 26-03. Staff aims to minimize the use of the General Fund for these types of services and focus on utilizing specialized funds as the primary source to pay for Labor Compliance and Program Administration Support Services. Once Statement of Qualifications are submitted and evaluated, staff will return with a recommendation of firms to provide such services and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

The City of Montebello’s Public Works Department oversees the construction of public works projects subject to federal and state prevailing wage requirements. Compliance with the federal Davis-Bacon Act and the California Department of Industrial Relations

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

(DIR) labor standards is a critical component of project implementation and oversight.

Contractors and subcontractors are required to enter project information and submit electronic certified payroll records (CPRs) through the applicable federal and state reporting systems. City staff review contractor invoices, process progress payments, and monitor compliance with all local, state, and federal labor requirements. These systems cross-reference CPR data with applicable prevailing wage and fringe benefit rates established by the U.S. Department of Labor and the California DIR. In addition, both contractors and City staff input worker-level data to ensure compliance with workforce reporting requirements. The State uses this information to inform best management practices for workforce training and job placement initiatives.

The City has executed Agreement No. 4202 with the Los Angeles and Orange Counties Building and Construction Trades Council. In accordance with this agreement, all projects exceeding $500,000 are required to comply with the Project Labor Agreement (PLA).

In addition, the City is seeking assistance with Program Administration Support Services to support the successful delivery of public works and grant-funded projects. These services include public outreach efforts both prior to and following project implementation, as required by many grant funding agencies.

The Department requires support with grant administration activities under this umbrella, including coordination, documentation, reporting, and ensuring compliance with applicable grant requirements. These services are essential to maintaining funding eligibility, meeting regulatory obligations, and ensuring transparency and accountability throughout project delivery.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize issuing RFQual No. 26-03 to solicit qualifications for on-call labor compliance and program administration support services.

Upon City Council approval, staff will proceed with the recommended action and return at a future date to award an agreement.

ATTACHMENT(S)

1. Attachment A - RFQual No. 26-03 - Labor Complaince & Program Administration Support Services

2. Attachment B - Agr No. 4202 - Los Angeles,Orange Counties Building and Construction Trades Council

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

CITY OF MONTEBELLO
REQUEST FOR QUALIFICATIONS (RFQual)
Labor Compliance & Program Administration Support Services RFQual No. 26-03
FOR

CITY OF MONTEBELLO, CALIFORNIA
Due Date: May 6, 2026, at 11 am PST
Submit RFQual online via PlanetBids
Ci
ty of Montebello
Public Works Department
Attn: Vanessa Ramos, Administrative Manager
1600 W. Beverly Boulevard
Montebello, CA 90640
Telephone: (323) 887-1460
Email: [email protected]
City Website: https://cityofmontebello.com
Attachment A

Table of Contents
Introduction ............................................................................................................................... 3 About the City of Montebello .................................................................................................... 5 Proposed Scope of Work/Statement of Work .......................................................................... 5 Submissions .............................................................................................................................. 6 RFQual Timeline ........................................................................................................................ 7 Non-Commitment of City .......................................................................................................... 8 Responsibility of Costs ............................................................................................................. 8 Appendix A – Proposal Format and Content ........................................................................... 9 Appendix B – Evaluation Criteria ........................................................................................... 12 Appendix C – Reference Sheet………………………………………………………………………14 Appendix D – Professional Services Agreement Template…………………………………….15

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 3 1. Introduction

The City of Montebello (hereinafter referred to as the "City") is pleased to present this Request for Qualifications (“RFQual”) soliciting Statement(s) of Qualifications (“SOQ”) from general vendors/consultant/contractors (hereinafter referred to as “Consultant”), seeking to submit proposals for Labor Compliance & Program Administration Support Services ("Services"). Based on the SOQ responses, the City will compile a short-list of qualified Consultants ("Short -List of Respondents"). The City intends to issue on- call bench list contracts to the consultants selected based on the quality of the proposals received.

SOQs are due on Wednesday, May 6, 2026 at 11:00 am PST through the City’s PlanetBids portal (“Portal”). Before submitting SOQs, Consultants must register as a “vendor” in the Portal.

Consultants are encouraged to register well ahead of the deadline to avoid any technical difficulties that may arise. All responses to this opportunity must conform to the requirements of this RFQ ual.

Failure to do so may result in the response being considered non-responsive.

The Public Works Department is seeking RFQ ual to solicit SOQs and Hourly Rates (Billing Rates) from qualified consulting firms to provide labor compliance support and program administration support services on various projects and programs. Qualified proposers will provide labor compliance services to monitor both Federal and State prevailing wage rates and other labor compliance related services on projects funded, though not limited to: Federal Highway Administration, State of California Department of Transportation, Southern California Council of Governments, Los Angeles County Metropolitan Transportation Authority and other applicable governmental funding agencies. The City of Montebello has adopted Agreement No. 4202 - Los Angeles, Orange Counties Building and Construction Trades Council. All projects over $500,000 require the awarded contractor to comply with the Project Labor Agreement. Proposers shall also aid the City in the implementation, oversight, coordination, and reporting of Federal and State funded projects. The selected consultant(s) will work in collaboration with City staff to provide administrative, technical, and programmatic support to ensure effective program implementation, requirement compliance, and timely reporting. The City intends to establish a bench of up to three (3) consultants to provide Labor Compliance & Program Administration Support Services on an on- call, as -needed basis. As projects are issued, the City may issue task orders, requests for service/proposal, or assign projects to one or more of the selected consultants based on the scope and requirements of the specific assignment.

The process for selecting the on-call bench list is described in Appendix B – (Evaluation Criteria), attached hereto and incorporated herein by this reference.

The City reserves the right to refrain from issuing on-call bench list contract based on SOQ received.

The City also reserves the right to re -issue the RFQual seeking additional SOQ based on its sole and independent judgment.

All qualifications submitted to the City shall become the exclusive property of the City. Once City staff has identified the on-call bench list of consultants, all qualifications shall become a matter of public record subject to disclosure, except for those elements of each qualification that are identified by the Consultant as business or trade secrets and marked as "Trade Secret", "Confidential”, or “Proprietary” and determined by the City to be exempt from disclosure under the Public Records Act (Cal. Gov. Code § 6250 et seq.) .

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 4 Each element of qualifications submittal that the Consultant desires not to be considered a public record must be marked as set forth above. If disclosure is required under the California Public Records Act or other applicable law, the City will make an independent determination and retain the confidentiality to the extent permitted.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 5 2. About the City of Montebello

Montebello ("beautiful mountain" in Spanish and Italian) is a City in the County of Los Angeles, California. 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 as a whole. It is a full-service City that provides a long list of services, employing approximately 480 full -time and part -time employees in public safety, transit, and non- safety functions. In the upcoming years, the City anticipates growth in population and economic development. In preparation for this growth and increases in City service demands, the staff is seeking to improve the City infrastructure to support the expansion properly.

3. Proposed Scope of Work/Statement of Work

(This scope of work/statement of work is intended to provide interested Consultants submitting their SOQs a general understanding of the items and services required by the City. Shortly after selecting compiling the Short-List of Respondents, the City will issue on-call contracts to the selected consultants to begin performing Labor Compliance and Program Administration Support Services.)

Services provided under this RFQ ual will be for a three -year period starting on July 1, 2026, and ending on June 30, 2029, with the option to renew annually for an additional two (2) one -year extensions.

The consultant will provide labor compliance services for federal/state/county funded construction projects/programs and will ensure that the City complies with all regulations pertaining to labor compliance. Consultants shall provide labor compliance services to monitor construction projects/programs subject to Davis Bacon and Related Acts and/or Federal/State Prevailing Wage law requirements. Duties include, though are not limited to:

• Consultant shall review bid packages and ensure that reporting forms and wage rates are included per requirements of the project funding program(s) – federal and/or state as appropriate.
• Consultant shall obtain applicable wage rate information for the project funding source. The applicable wage rate decisions shall be provided to the prime contractor and all subcontractors for inclusion in all subsequent subcontractor contracts as required by applicable labor law.
• Consultant will participate in pre- construction meetings with prime contractor, subcontractors, and City staff for issues related to labor compliance standards. • Consultant will provide prime contractor and subcontractor(s) one -on-one training and assistance in completing required labor compliance documents (if needed). • When discrepancies are identified regarding pay and benefits with a contractor’s employee, consultant will work with the contractor to resolve the issue in an expedient manner, providing documentation of the problem and outcome to City staff and the project manager.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 6 • Conduct on-site job interviews with the contractor, subcontractor, and employees to ensure compliance, documents and report findings as required for the duration of the project.
• Verify contractor and subcontractor are in compliance with the State Department of Industrial Relations website registration and reporting compliance. • Consultant will verify that the contractor and subcontractor licenses are current and active with the California State Contractor’s License Board, and they are not on the federal debarment list.
• Consultant will utilize the County’s LCP Tracking system and shall promptly review the weekly Certified Payroll Reports (CPRs) and eDocuments as received and notify the prime contractor of any deficiencies in wages, overtime compensation, incomplete or inaccurate CPRs, and/or incomplete or inaccurate Statement of Compliance.
• Prepare and disburse monthly progress labor compliance audit reports to City staff and project manager.
• Consultant shall assist with verifying release of progress payments. • At the conclusion of a project, the consultant shall provide the City with all documentation and correspondence related to the construction project. • Other labor compliance activities/duties as required by project funding source rules and regulations.
• Assistance with outreach associated with the project. • Assist with planning, coordination, and administrative processes of City projects. • Prepare material and supporting documents for project funding, including application and reporting.
• Consultant will support the City in tracking program performance and preparing required documentation for internal and external reporting purposes. • Consultant will support the maintenance of program documentation and coordinate with City staff, contractors, and funding agencies.
• Prepare program reports, summaries, and required documentation. • Maintain organized records and program files in accordance with applicable requirements.
• Consultant will assist with monitoring program compliance with regulations and funding requirements

The City is not obligated to pay any costs incurred by the proposer(s) in the preparation of the RFQual. Proposers agree that all costs incurred in developing a proposal are the proposer’s responsibility.

4. Submissions
Please review Appendix – A (Proposal Format), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your SOQ submission. Failure to provide all of the information requested in your SOQ may result in it being considered non-responsive.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 7 Responses to this RFQual must be submitted electronically via the City’s PlanetBids Portal no later than Wednesday, May 6, 2026 at 11:00 am PST. Any responses that are transmitted and/or electronically time-stamped after the deadline shall not be accepted. Consultants planning to submit responses to this request are highly encouraged to register an account in the City's PlanetBids Vendor Portal and submit all documentation ahead of the deadline to avoid any technical difficulties/errors.

5. RFQual Timeline

• Release RFQual April 9, 2026
• Online Q&A Deadline April 20, 2026 at 12:00 pm
• City Issued Q&A Addendum April 23, 2026 at 12:00 pm
• Deadline to Submit SOQ via PlanetBids May 6, 2026 at 11 am PST • Notifications sent to selected Consultants May 21, 2026 • Tentative City Council Award of Professional Services Agreement June 10, 2026

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 8 6. Non-Commitment of City

It should be noted that this RFQual does not commit the City to solicit proposals and/or award a final agreement/contract, to pay any costs incurred in the preparation of qualifications for this request, of preparation of a proposal for this request, or to procure or contract the purchaser of any items and/or services.

7. Responsibility of Costs

All Consultants responding are responsible for costs associated with preparing materials in response to this RFQual, and the City assumes no responsibility for any such costs, incidental expenses, or any business losses.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 9 Appendix A - Proposal Format and Content

***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***

Consultants interested in this opportunity must submit a Statement of Qualifications (SOQ) providing details regarding their qualifications and experience. Using each Consultant's response, the City will develop a list of selected on- call Consultants (“Short -List of Respondents”). The City reserves the right, at its sole discretion, to increase the number of Contractors included to the Short-List of Respondents.

SOQ Format

To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their qualifications prior to submission to ensure they adhere to the requirements. If the RFQ ual is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall not exceed thirty (30) pages when printed on 8- ½ -inch by 11 -inch paper. Font Times New Roman Font (preferred), 12pt font size. The thirty (30) page- requirement does not include cover letter/letter of transmittal, or any items included as additional attachments. Proposals should also include the following:

1. Title Page showing the request for qualifications subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the items/section listed in the “Proposal Content and Format” section of this RFQual.

3. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFQual.

SOQ Content
Your response should include the following sections/information:

1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 10 projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

4. Sub-contractors/Sub-consultants – If your firm works with sub -contractors/sub- consultants to perform the services described in the proposed Scope of Work/Statement of Work for the Project, please provide the name, full address for each sub-contractor, as well as the name of a contact person and phone number. If awarded, the City will need to provide written approval for any services offered by any and all sub- contractor/sub- consultant.

5. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFQual; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

6. Conflict of Interest Statement – The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

7. Cost Proposal – Cost proposal should include the following:

Total All -Inclusive Not -To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for qualifications. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out -of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFQ ual. These schedules should include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all -inclusive maximum price.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFQual or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

8. References – Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e - mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 11 City may contact the individual listed at its discretion. Resumes may also be included in this section for any key staff associated with project.

9. Redline Comments on the Professional Services Agreement Template – Using Appendix D – Proposers are requested to review the Professional Services Agreement template provided and submit any proposed redline revisions with their response. Following the award of the RFQual, the City will evaluate all submitted redline comments in coordination with the City Attorney and will work with the selected firm (s) to reach mutual agreement on the final contract terms. Proposers must demonstrate full compliance with the City’s insurance requirements as a condition of eligibility.

10. Additional Attachments (Optional) – Please use this section to attach any information that was not previously included identified in any other section.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 12 Appendix B – Evaluation Criteria

***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***

Through this RFQual No. 26-03process, the City will identify a qualified pool of at least three (3) Consultants (“Short List of Respondents”) for the Labor Compliance and Program Administration Support Services (“Services”).

Consultants will submit a Statement of Qualifications (SOQ) adhering to the guidelines identified in Appendix A - (Proposal Format and Content). Failure to comply with the format and include all of the required sections may result in the proposal being considered "non-responsive" and no longer eligible for selection. The selection process will commence with a preliminary review of the proposals to ensure formatting and page limit guidelines were followed. The review will be conducted on a pass/fail basis.

All SOQs that receive a “pass” grade will move on to the comprehensive evaluation by the selection committee. Scoring will be based upon the following criteria and scores.

Understanding of the City’s Requirements (Up to 20 points) Experience (Up to 60 points)
Execution of Services (Up to 10 points)
Reference Checks (Up to 10 points)
Business Preferences – 1 additional point will be awarded for businesses that identify as one or more of the following:

Local Business (within the City of Montebello and an active/current business license) Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
Documentation certifying a business that falls into one or more of these categories should be included in the "Additional Attachments" section.

Consultants have an opportunity to receive a score of up to 105 points.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 13 Evaluation Criteria Summary

SOQ Format – Does the response adhere to the page limit (30 pages, not cover letter/transmittal letter and additional attachments), font, and font size?

Pass/Fail
Does the SOQ include all sections/content listed in
Appendix A?
 Cover Letter/Letter of Interest
 General Consultant Information
 Statement regarding your understanding and
approach
 Subcontractors/Sub-consultants
 Proposed Scope of Services
 Cost Proposal
 Experience with Labor Compliance & Program
Administration Support Services
 Conflict of Interest Statement
 References
 Additional Attachments (Optional)

Pass/Fail
Understanding of the City’s Requirements – The
Consultant has reviewed the City requirements and
demonstrated a competent level of performance.

20 points
Experience – Previous work in the public/private section is consistent with the work the City is seeking. 60 points Execution of Services – The Consultant has described a
straightforward, planned approach to providing Labor
Compliance and Program Administration Support Services. 10 points
Reference Checks – References provided feedback. No
terminated voided contracts are listed.
10 points
Business Preferences
Local Business (w/n the City of Montebello)
Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
1 point for each category, up to 5
points
(Proof of each eligible category
should be provided in the
“Additional Attachments” section)

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 14 Appendix C – Reference Sheet

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 15 Appendix D – Professional Services Agreement Template

CITY OF MONTEBELLO

ON-CALL BENCHLIST
PROFESSIONAL SERVICES AGREEMENT NO. XXXX

FOR LABOR COMPLIANCE & PROGRAM ADMINISTRATION

SUPPORT SERVICES WITH XXXXXXXXXXXXXXX
(RFQual No. 26-03)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and , a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional to provide labor compliance and program administration support services to the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, the CONSULTANT responded to CITY’s Request for Qualifications dated (“RFQual No. 26-03”) as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement comprised of Sections 1 through 25, and its various Exhibits
b. RFQual No. 26-03, attached hereto as Exhibit “A”
c. The CONSULTANT’S statement of qualification to RFQual No. 26- 03, attached hereto as Exhibit “B”
d. Local Assistance Procedures Manual (LAPM) Exhibit 10 -R,

Appendices A and E as Exhibit “C”
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFQual No. 26- 03 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

C. CONSULTANT shall be compensated in an annual amount not -to- exceed (the “Compensation”) for the performance of the Scope of Services as set forth in Exhibit “C”. CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.

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

F. On-Call Services. The CONSULTANT understands and
acknowledges that this is an “on- call” agreement, execution of which does not guarantee that the CITY will issue a Notice to Proceed (“NTP”). No work shall commence by the CONSULTANT without a written NTP issued by authorized CITY personnel.

SECTION 3. TERM.

This Agreement shall commence on , and shall terminate on (“Date of Completion”), with an option to extend up to two (2), one - year terms; unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. However, claims for money due or which become due to the CONSULTANT from the CITY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

f. The CONSULTANT’s Reports or Meetings:
i. The CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator or Project Coordinator to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. ii. The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally

required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t he CONSULTANT provides the

CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

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

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

SECTION 11.

INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS

annuitants.

b. In the event that the CONSULTANT or any employee, agent, or 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 ilit y and automobile policies 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:

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 XXXXXXXXXXXXXX

Raul Alvarez, City Manager Name, Title

Date:

Date

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS

• Exhibit A – RFQual No. 26-03
• Exhibit B – Consultant’s statement of qualifications to RFQual No. 26-03 • Exhibit C – LAPM Exhibit 10-R, Appendices A and E

AGREEMENT NO. 4202 – LOS ANGELES/ORANGE

COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL AND THE SIGNATORY CRAFT

COUNCILS AND UNIONS
Attachment B

ITEM # 12

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 ISSUING REQUEST FOR QUALIFICATIONS NO. 26-04 TO

SOLICIT STATEMENT OF QUALIFICATIONS FOR MATERIAL

TESTING AND SPECIAL INSPECTION SERVICES

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize staff to publish a Request for Qualifications (RFQual No. 26-04) to solicit statement of qualifications from qualified firms for on-call material testing and special inspection services; and

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing the Request for Qualifications (RFQual) No. 26-04. Staff aims to minimize the use of the General Fund for these types of services and focus on utilizing specialized funds as the primary source to pay for Material Testing and Special Inspection Services. Once Statement of Qualifications are submitted and evaluated, staff will return with a recommendation of firms to provide such services and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

The City of Montebello is soliciting Statements of Qualifications (SOQs) from experienced material testing and special inspection firms to provide services in support of the City’s Capital Improvement Program (CIP) and other City projects. These services are critical to ensuring that construction materials used in public infrastructure projects meet established quality, safety, and performance standards.

Material testing plays a vital role in verifying the integrity of construction materials such

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

as asphalt, concrete, and steel. Testing is conducted both in the field and in laboratory settings using specialized equipment and standardized procedures to confirm compliance with applicable industry and regulatory requirements. These efforts help ensure that materials achieve the required strength, durability, and long-term performance necessary to protect public safety and infrastructure investments.

The City’s adopted Quality Assurance Program emphasizes the importance of:
• Ensuring materials meet specified standards and are suitable for their intended use.
• Preventing failures in critical applications where material integrity is essential. • Maintaining compliance with regulatory requirements imposed by various funding agencies, which mandate adherence to established testing standards.

Through this solicitation, the City intends to establish a list of qualified firms, with the potential to award contracts to one or more consultants. Services will be provided on an “as-needed” basis. The resulting list will remain in effect for a three (3)-year term, with the option for two (2) one-year extensions. The City does not guarantee a minimum contract amount and reserves the right to award a contract to a single specialized firm, as deemed appropriate. City staff will evaluate submitted qualifications and may conduct interviews with selected firms to determine the most qualified consultant(s) for these services. Staff will return at a future City Councll meeting to award agreements as part of RFQual No.26-04.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize issuing RFQual No. 26-04 to solicit qualifications for on-call material testing and special inspection services. Upon City Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - RFQual 26-04 - Material Testing & Special Inspection Services

CITY OF MONTEBELLO
REQUEST FOR QUALIFICATIONS (RFQual)
Material Testing & Special Inspection Services
RFQual No. 26-04
FOR

CITY OF MONTEBELLO, CALIFORNIA
Due Date: May 6, 2026, at 11 am PST
Submit RFQual online via PlanetBids
Ci
ty of Montebello
Public Works Department
Attn: Vanessa Ramos, Administrative Manager
1600 W. Beverly Boulevard
Montebello, CA 90640
Telephone: (323) 887-1460
Email: [email protected]
City Website: https://cityofmontebello.com
Attachment A

Table of Contents
Introduction ............................................................................................................................... 3 About the City of Montebello .................................................................................................... 4 Proposed Scope of Work/Statement of Work .......................................................................... 4 Submissions .............................................................................................................................. 5 RFQual Timeline ........................................................................................................................ 5 Non-Commitment of City .......................................................................................................... 7 Responsibility of Costs ............................................................................................................. 7 Appendix A – Proposal Format and Content ........................................................................... 8 Appendix B – Evaluation Criteria ........................................................................................... 11 Appendix C – Reference Sheet………………………………………………………………………13 Appendix D – Professional Services Agreement Template…………………………………….14

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 3 1. Introduction

The City of Montebello (hereinafter referred to as the "City") is pleased to present this Request for Qualifications (“RFQual”) soliciting Statement(s) of Qualifications (“SOQ”) from general vendors/consultant/contractors (hereinafter referred to as “Consultant”), seeking to submit proposals for Material Testing & Special Inspection Services ("Services"). Based on the SOQ responses, the City will compile a short-list of qualified Consultants ("Short -List of Respondents"). The City intends to issue on- call bench list contracts to the consultants selected based on the quality of the proposals received.

SOQs are due on Wednesday, May 6, 2026, at 11:00 am PST through the City’s PlanetBids portal (“Portal”). Before submitting SOQs, Consultants must register as a “vendor” in the Portal.

Consultants are encouraged to register well ahead of the deadline to avoid any technical difficulties that may arise. All responses to this opportunity must conform to the requirements of this RFQ ual.

Failure to do so may result in the response being considered non-responsive.

The Public Works Department is seeking RFQ ual to solicit SOQs from qualified consulting firms to provide material testing and special inspection services related to the City’s Capital Improvement Program and other City projects. Material testing is essential for ensuring the quality and safety of asphalt and concrete used in construction. It helps verify that the materials meet standards for strength, durability, and performance, safeguarding lives, and investments. Testing is performed both on- site and, in a laboratory, with common materials tested including concrete, steel, and asphalt. Specialized equipment and recognized standards are used to conduct these tests, ensuring accurate and reliable results. The City intends to establish a bench of up to two (2 ) consultants to provide Material Testing & Special Inspection Services on an on- call, as -needed basis. As projects are issued, the City may issue task orders, requests for service/proposal, or assign projects to one or more of the selected consultants based on the scope and requirements of the specific assignment.

The process for selecting the on-call bench list is described in Appendix B – (Evaluation Criteria), attached hereto and incorporated herein by this reference.

The City reserves the right to refrain from issuing on-call bench list contract based on SOQ received.

The City also reserves the right to re -issue the RFQual seeking additional SOQ based on its sole and independent judgment.

All qualifications submitted to the City shall become the exclusive property of the City. Once City staff has identified the on-call bench list of consultants, all qualifications shall become a matter of public record subject to disclosure, except for those elements of each qualification that are identified by the Consultant as business or trade secrets and marked as "Trade Secret", "Confidential”, or “Proprietary” and determined by the City to be exempt from disclosure under the Public Records Act (Cal. Gov. Code § 6250 et seq.) .

Each element of qualifications submittal that the Consultant desires not to be considered a public record must be marked as set forth above. If disclosure is required under the California Public Records Act or other applicable law, the City will make an independent determination and retain the confidentiality to the extent permitted.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 4 2. About the City of Montebello

Montebello ("beautiful mountain" in Spanish and Italian) is a City in the County of Los Angeles, California. 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 as a whole. It is a full-service City that provides a long list of services, employing approximately 480 full -time and part -time employees in public safety, transit, and non- safety functions. In the upcoming years, the City anticipates growth in population and economic development. In preparation for this growth and increases in City service demands, the staff is seeking to improve the City infrastructure to support the expansion properly.

3. Proposed Scope of Work/Statement of Work

(This scope of work/statement of work is intended to provide interested Consultants submitting their SOQs a general understanding of the items and services required by the City. Shortly after selecting compiling the Short-List of Respondents, the City will issue on-call contracts to the selected consultants to begin performing Material Testing & Special Inspection Services.)

Services provided under this RFQ ual will be for a three -year period starting on July 1, 2026, and ending on June 30, 2029, with the option to renew annually for an additional two (2) one -year extensions.

The consultant will provide Materials Testing and Special Inspection Services. The City requires On- Call Materials Testing and Special Inspection Services for grading, asphalt paving, concrete work, installation of sewer and storm drainage pipes, and other public works construction projects, integrity/structural testing of existing infrastructure, and other related work. Duties include, though are not limited to:

• Laboratory testing of soils, aggregate, rubberized-asphalt, micro surfacing, asphalt concrete, controlled low strength material, Portland cement concrete, structural steel and other construction materials.
• Field testing of soils, aggregate, rubberized asphalt, chip seal, micro surfacing, asphalt concrete, Portland cement concrete and other construction materials • Special inspections in accordance with Section 17 of the California Building Code. • Other services, including asphalt and concrete mix design review, batch plant inspection, project documentation, technical support, laboratory reports, field logs, final reports, affidavits and additional services as required.

City performs public works projects that may be funded by Federal, State, County and other governmental agency’s grant funds. Consultants assist the City comply with Federal/State/County/Local requirements (as applicable and in effect at the time of the grant) including, though not limited to mandated standards for construction plans, specifications and estimates.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 5 The services will be on an “as -needed” basis, and the scope of the services will be determined when such services are requested via a Request for Services (RFS) basis. A separate fee proposal will be required for each RFS. Contracts will be awarded based on the City’s anticipated needs and the relative skills and experience of respondents in the various identified areas of need.

Consultants must be familiar with Caltrans material testing requirements:

Caltrans has established specific requirements for material testing to ensure compliance with contract specifications and safety standards. These requirements include:
• Sampling and Testing: Materials must be sampled and tested in accordance with contract specifications. This involves notifying the resident engineer of the need for inspection and acceptance testing of manufactured materials and products. • Acceptance Methods: Acceptance methods include source inspection and testing, manufacturer certificate of compliance, and field release of material. The chain of custody for material and product acceptance samples is crucial for Caltrans' quality assurance program.
• Material Acceptance: Acceptance sampling and testing requirements vary depending on the section of the specifications the material falls under. For example, Section 6- 1.04 of the specifications provides detailed information on Buy America requirements. • Field Tests: Field tests must be performed in accordance with guidelines provided in the chapter. Maintaining a record of field tests and material inspected and released on the job is essential.

The City is not obligated to pay any costs incurred by the proposer(s) in the preparation of the RFQual. Proposers agree that all costs incurred in developing a proposal are the proposer’s responsibility.

4. Submissions
Please review Appendix – A (Proposal Format), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your SOQ submission. Failure to provide all of the information requested in your SOQ may result in it being considered non-responsive.

Responses to this RFQual must be submitted electronically via the City’s PlanetBids Portal no later than Wednesday, May 6, 2026, at 11:00 am PST. Any responses that are transmitted and/or electronically time-stamped after the deadline shall not be accepted. Consultants planning to submit responses to this request are highly encouraged to register an account in the City's PlanetBids Vendor Portal and submit all documentation ahead of the deadline to avoid any technical difficulties/errors.

5. RFQual Timeline

• Release RFQual April 9, 2026
• Online Q&A Deadline April 20, 2026, at 12:00 pm

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 6 • City Issued Q&A Addendum April 23, 2026, at 12:00 pm • Deadline to Submit SOQ via PlanetBids May 6, 2026, at 11 am PST • Notifications sent to selected Consultants May 21, 2026 • Tentative City Council Award of Professional Services Agreement June 10, 2026

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 7 6. Non-Commitment of City

It should be noted that this RFQual does not commit the City to solicit proposals and/or award a final agreement/contract, to pay any costs incurred in the preparation of qualifications for this request, of preparation of a proposal for this request, or to procure or contract the purchaser of any items and/or services.

7. Responsibility of Costs

All Consultants responding are responsible for costs associated with preparing materials in response to this RFQual, and the City assumes no responsibility for any such costs, incidental expenses, or any business losses.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 8 Appendix A - Proposal Format and Content

***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***

Consultants interested in this opportunity must submit a Statement of Qualifications (SOQ) providing details regarding their qualifications and experience. Using each Consultant's response, the City will develop a list of selected on- call Consultants (“Short -List of Respondents”). The City reserves the right, at its sole discretion, to increase the number of Contractors included to the Short-List of Respondents.

SOQ Format

To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their qualifications prior to submission to ensure they adhere to the requirements. If the RFQ ual is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall not exceed thirty (30) pages when printed on 8- ½ -inch by 11 -inch paper. Font Times New Roman Font (preferred), 12pt font size. The thirty (30) page- requirement does not include cover letter/letter of transmittal, or any items included as additional attachments. Proposals should also include the following:

1. Title Page showing the request for qualifications subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the items/section listed in the “Proposal Content and Format” section of this RFQual.

3. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFQual.

SOQ Content
Your response should include the following sections/information:

1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 9 projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

4. Sub-contractors/Sub-consultants – If your firm works with sub -contractors/sub- consultants to perform the services described in the proposed Scope of Work/Statement of Work for the Project, please provide the name, full address for each sub-contractor, as well as the name of a contact person and phone number. If awarded, the City will need to provide written approval for any services offered by any and all sub- contractor/sub- consultant.

5. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFQual; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

6. Conflict of Interest Statement – The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

7. Cost Proposal – Cost proposal should include the following:

Total All -Inclusive Not -To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for qualifications. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out -of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFQ ual. These schedules should include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all -inclusive maximum price.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFQual or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

8. References – Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e - mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 10 City may contact the individual listed at its discretion. Resumes may also be included in this section for any key staff associated with project.

9. Redline Comments on the Professional Services Agreement Template – Using Appendix D – Proposers are requested to review the Professional Services Agreement template provided and submit any proposed redline revisions with their response. Following the award of the RFQual, the City will evaluate all submitted redline comments in coordination with the City Attorney and will work with the selected firm(s) to reach mutual agreement on the final contract terms. Proposers must demonstrate full compliance with the City’s insurance requirements as a condition of eligibility.

10. Additional Attachments (Optional) – Please use this section to attach any information that was not previously included identified in any other section.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 11 Appendix B – Evaluation Criteria

***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***

Through this RFQual No. 26- 04 process, the City will identify a qualified pool of at least three (3) Consultants (“Short List of Respondents”) for the Materials Testing & Special Inspection Services (“Services”).

Consultants will submit a Statement of Qualifications (SOQ) adhering to the guidelines identified in Appendix A - (Proposal Format and Content). Failure to comply with the format and include all of the required sections may result in the proposal being considered "non-responsive" and no longer eligible for selection. The selection process will commence with a preliminary review of the proposals to ensure formatting and page limit guidelines were followed. The review will be conducted on a pass/fail basis.

All SOQs that receive a “pass” grade will move on to the comprehensive evaluation by the selection committee. Scoring will be based upon the following criteria and scores.

Understanding of the City’s Requirements (Up to 20 points) Experience (Up to 60 points)
Execution of Services (Up to 10 points)
Reference Checks (Up to 10 points)
Business Preferences – 1 additional point will be awarded for businesses that identify as one or more of the following:

Local Business (within the City of Montebello and an active/current business license) Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
Documentation certifying a business that falls into one or more of these categories should be included in the "Additional Attachments" section.

Consultants have an opportunity to receive a score of up to 105 points.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 12 Evaluation Criteria Summary

SOQ Format – Does the response adhere to the page limit (30 pages, not cover letter/transmittal letter and additional attachments), font, and font size?

Pass/Fail
Does the SOQ include all sections/content listed in
Appendix A?
 Cover Letter/Letter of Interest
 General Consultant Information
 Statement regarding your understanding and
approach
 Subcontractors/Sub-consultants
 Proposed Scope of Services
 Cost Proposal
 Experience with Materials Testing & Special
Inspection Services
 Conflict of Interest Statement
 References
 Additional Attachments (Optional)

Pass/Fail
Understanding of the City’s Requirements – The
Consultant has reviewed the City requirements and
demonstrated a competent level of performance.

20 points
Experience – Previous work in the public/private section is consistent with the work the City is seeking. 60 points Execution of Services – The Consultant has described a
straightforward, planned approach to providing Materials Testing & Special Inspection Services.
10 points
Reference Checks – References provided feedback. No
terminated voided contracts are listed.
10 points
Business Preferences
Local Business (w/n the City of Montebello)
Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
1 point for each category, up to 5
points
(Proof of each eligible category
should be provided in the
“Additional Attachments” section)

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 13 Appendix C – Reference Sheet

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 14 Appendix D – Professional Services Agreement Template

CITY OF MONTEBELLO

ON-CALL BENCHLIST
PROFESSIONAL SERVICES AGREEMENT NO. XXXX

FOR MATERIALS TESTING & SPECIAL INSPECTION

SERVICES

SUPPORT SERVICES WITH XXXXXXXXXXXXXXX
(RFQual No. 26-04)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and , a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional to provide materials testing and special inspection services to the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, the CONSULTANT responded to CITY’s Request for Qualifications dated (“RFQual No. 26-04”) as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement comprised of Sections 1 through 25, and its various Exhibits
b. RFQual No. 26-04, attached hereto as Exhibit “A”
c. The CONSULTANT’S statement of qualification to RFQual No. 26- 04, attached hereto as Exhibit “B”
d. Local Assistance Procedures Manual (LAPM) Exhibit 10 -R,

Appendices A and E as Exhibit “C”
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFQual No. 26- 04 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

C. CONSULTANT shall be compensated in an annual amount not -to- exceed (the “Compensation”) for the performance of the Scope of Services as set forth in Exhibit “C”. CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.

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

F. On-Call Services. The CONSULTANT understands and
acknowledges that this is an “on- call” agreement, execution of which does not guarantee that the CITY will issue a Notice to Proceed (“NTP”). No work shall commence by the CONSULTANT without a written NTP issued by authorized CITY personnel.

SECTION 3. TERM.

This Agreement shall commence on , and shall terminate on (“Date of Completion”), with an option to extend up to two (2), one - year terms; unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. However, claims for money due or which become due to the CONSULTANT from the CITY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

f. The CONSULTANT’s Reports or Meetings:
i. The CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator or Project Coordinator to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. ii. The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally

required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t he CONSULTANT provides the

CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

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

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

SECTION 11.

INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS

annuitants.

b. In the event that the CONSULTANT or any employee, agent, or 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 ilit y and automobile policies 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:

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 XXXXXXXXXXXXXX

Raul Alvarez, City Manager Name, Title

Date:

Date

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS

• Exhibit A – RFQual No. 26-04
• Exhibit B – Consultant’s statement of qualifications to RFQual No. 26-04 • Exhibit C – LAPM Exhibit 10-R, Appendices A and E

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Angelica Palmeros, Assistant City Manager
Andrew Kim, Senior Management Analyst

SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4282 WITH TOWNSEND PUBLIC AFFAIRS, INC. TO MODIFY THE

COMPENSATION STRUCTURE FOR GRANT WRITING SERVICES

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4282 with Townsend Public Affairs, Inc. to modify the compensation structure from a monthly services rate to a project- based rate; and

2. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 4282 with Townsend Public Affairs, Inc; and

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

FISCAL IMPACT:

The current agreement includes a $5,000 monthly retainer for ongoing grant writing services. Amendment No. 1 modifies the compensation structure to a project-based model. As a result, expenditures will vary depending on the level of services utilized.

Some months may result in lower costs if no services are required, while other months may incur higher costs based on the scope and number of grant projects pursued.

BACKGROUND/DISCUSSION:

On May 1, 2025, the City entered into Agreement No. 4282 with Townsend Public Affairs, Inc. for professional grant writing services. The agreement established a $5,000 monthly retainer for grant writing services, with no variation in cost based on service utilization.

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

Since the execution of the agreement, staff has evaluated the City’s current and anticipated grant needs and determined that a project-based compensation model would better align with the City’s operational and financial objectives. This approach allows the City to engage Townsend Public Affairs, Inc. on an as-needed basis for specific grant opportunities, rather than maintaining a continuous monthly service cost.

Amendment No. 1 modifies the agreement to reflect this change in compensation structure. Specifically, the amendment requires that the vendor invoice the City on a project-based fee structure for the duration of the agreement. All other terms and conditions of the original agreement remain unchanged and in full force and effect.

The proposed amendment provides the City with increased flexibility, improved cost control, and the ability to strategically pursue grant opportunities without ongoing fixed expenses.

ENVIRONMENTAL:

N/A

ANALYSIS:

The proposed amendment is consistent with the City’s objective of maintaining fiscal responsibility while continuing to pursue external funding opportunities. Transitioning to a project-based model ensures that expenditures are directly tied to deliverables and specific grant efforts, reducing unnecessary ongoing costs while preserving access to specialized grant writing expertise.

SUMMARY:

Staff recommends approval of Amendment No. 1 to Agreement No. 4282, which will transition the City’s agreement with Townsend Public Affairs, Inc. to a project-based compensation structure from a monthly retainer arrangement. This change provides greater financial flexibility and aligns consultant services with the City’s grant funding needs.

ATTACHMENT(S)

1. Attachment A - Amendment No 1 to Agreement 4282

ATTACHMENT A

CITY OF MONTEBELLO

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4282
WITH TOWNSEND PUBLIC AFFAIRS, INC.

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 9 day of April 2026, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and TOWNSEND PUBLIC AFFAIRS, INC. , (hereinafter referred to as the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, the Contractor and the City entered into that certain Agreement No. 4282 dated May 1, 2025 ("Agreement"), pursuant to which City retained Contractor to provide professional grant writing services, as further described in the Agreement; and

WHEREAS, the City desires to amend the compensation model from a monthly - services rate to a project-based rate;

WHEREAS, for the reasons set forth herein, the City and Contractor desire to enter into this Amendment No. 1, as set forth below.

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

AMENDMENTS TO AGREEMENT NO. 4282

SECTION 1. Section 2(d) is hereby added to the Agreement as follows:
“Contractor shall invoice City for Project -Based Fees, only, for the duration of the Agreement.“

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

[SIGNATURES ON NEXT PAGE]

AMENDMENT NO. 1 TO AGREEMENT NO. 4282

IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.

(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO TOWNSEND PUBLIC AFFAIRS, INC.

Raul Alvarez, City Manager Name, Office Title

ATTEST:

Christopher Jimenez, City Clerk Name, Office Title

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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: REJECT BIDS RECEIVED FOR CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945) IN ACCORDANCE WITH PUBLIC
CONTRACT SECTION 22038(A)(1) AND AUTHORIZE STAFF TO

PROCEED WITH READVERTISING AND REBIDDING THE PROJECT

DATE: April 8, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject all bids received for the Chet Holifield Community Garden Project (CP 945) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to refine the project plans and specifications and re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and

3. Authorize the City Clerk’s office to release bidders’ bonds; and

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

FISCAL IMPACT:

Bids for construction of the Chet Holifield Community Garden Project (CP 945) were received by the submission deadline of Wednesday, February 25, 2026 at 11:00 am.

Staff evaluated submissions and deemed the two lowest bids non-responsive.

Additionally, all subsequent bids exceeded the project’s estimated budget of $330,000.

As a result, staff recommend rejecting all bids for the Chet Holifield Community Garden Project (CP 945). There is no additional costs associated with reissuing the Notice Inviting Bids (NIB) through PlanetBids.

BACKGROUND/DISCUSSION:

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

On January 28, 2026, the City Council authorized staff to advertise the NIB for the Chet Holifield Community Garden Project (CP 945). The City Council’s adoption of the Plans, Specifications, and Engineer’s Estimate (PS&E) on January 28, 2026 provided the nexus to comply with Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.

Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .”

Staff adhered to Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts.

The NIB was published on January 29, 2026, in a newspaper of general circulation. The contract plans and specifications were accessible via PlanetBids. In all, ten (10) bids were received, as summarized below:

Contractors Total Bid
Reyes Electrical
Contractor, Inc.
$258,897.00
Voltaire Engineering $292,556.00
Orange Blue General
Contractors
$348,980.00
Prestige Prime
Engineering
$381,221.00
KASA Construction,
Inc.
$396,682.00
Green Giant Landscape
Inc
$410,325.00
Addison-Miller Inc. $426,687.00
ZECO, INC. $487,177.00
California Landscape &
Design Inc
$499,704.00
Axiom Group $592,999.00

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

Upon review, staff found that the two lowest bidders did not include all required sections in their submissions. In addition, all subsequent bids exceeded the project’s estimated budget of $330,000. As a result, staff recommend rejecting all submissions for the Chet Holifield Community Garden Project (CP 945). This action allows staff to reissue the Request for Bids.

With the reissue of the solicitation for CP 945, the following bidding timeline will be in effect:

Tasks Timeline
Bid Period April 9, 2026 – May 6, 2026
Questions / Request for Information Due Date April 27, 2026 at 12:00 PM City Responses to Request for Information Due
Date
April 30, 2026 at 12:00 PM
Bid Opening May 6, 2026 at 11:00 AM
Award of Contract (Tentative) May 13, 2026 City Council Meeting
Commence Construction Project June/July 2026 – Tentative

ENVIRONMENTAL:

The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it involves administrative activities related to the rejection of bids and re-advertisement for construction.

The underlying project, the Chet Holifield Community Garden Project (CP 945), was previously determined to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities). A Notice of Exemption was filed on January 29, 2026.

The project consists of minor improvements to an existing park facility, including the conversion of previously disturbed areas into community garden space. These improvements do not result in an expansion of use and involve negligible or no expansion of existing use. Furthermore, none of the exceptions to categorical exemptions identified in CEQA Guidelines Section 15300.2 apply.

Accordingly, no additional environmental review is required for the proposed action.

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 8, 2026

SUMMARY:

Upon Council approval, staff will proceed with the recommended actions of rejecting all bids recieved for the Chet Holifield Community Garden Project and authorizing the rebidding of this project.

ATTACHMENT(S)

1. Attachment A - Chet Holifield Specifications (CP 945)

2. Attachment B - Chet Holifield Plans (CP 945)

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUM
ENTS

SPECIFICATIONS AND STANDARD DRAWINGS
FOR

CHET HOLIFIELD PARK COMM

UNITY GARDENS PROJECT
C.P. No. 945
GEORGINA TAMAYO – MAYOR
DANIELLE ROMERO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCILMEMBER

SALVADOR MELENDEZ - C

OUNCIL MEMBER
RAUL ALVAREZ – CITY MANAGER
CESAR ROLDAN – DIRECTOR OF PUBLIC WORKS
PREPARED BY:
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: 714-940-0100
Bowman Project No. 440178-01-001-00012
PROJECT SUBJECT TO PROJECT LABOR AGREEMENT NO. 4202
Bid Opening (Electronic Bid through PlanetBids)
April 9, 2026 – May 6, 2026

ATTACHMENT A

i

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO

BID SCHEDULE
• Bid Period
• Questions RFIs due by
• City Responses to RFIs due by
• Bid Opening
• Award of Contract(Tentative)
• Commence Construction Project
April 9, 2026 – May 6, 2026
April 27, 2026 at 12:00 PM
April 30, 2026 at 12:00 PM
May 6, 2026 at 11:00 AM
May 13, 2026 City Council Meeting
June/July 2026 – Tentative
• Bid proposals will be received via PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) until on April 9, 2026 – May 6, 2026
PROPO

SALS WILL NOT BE RECEIVED IN PERSON
These Specifications h
ave been prepared
under the direction of:
____________________________________
Aidan Mousavi, P.E.

Civil No. 91136

ii

CITY OF MONTEBELLO

CALIFORNIA
TO PR
OSPECTIVE BIDDERS:

The City of Montebello invites you to become a prospective bidder on one of its public projects.

It is the City’s intention to provide you with thorough and complete information regarding this project and to present an accurate description of the necessary work so that you may successfully bid and construct the project.

Submittal of your bid assumes that you have made a t horough and complete i nvestigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact the City Public works/Engineering office at (323) 887-1462.

C e s a r R o l d a n
P u b l i c W o r k s D i r e c t o r

iii

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A-1 to A-3
INSTRUCTIONS TO BIDDERS B-1 to B-3
P R O P O S A L C - 1 t o C - 1 4
CONTRACT AGREEMENT D-1 to D-6

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS GP-1 to GP-42
PART 2 – BID ITEM DESCRIPTION BD-1 to BD-31
LIST OF STANDARD PLANS AND HOSE BIBBS SPECIFICATIONS APPENDIX “A” DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) APPENDIX “B”

CONTRACTOR REGISTRATION NUMBER FORM
P R O J E C T S I G N S A P P E N D I X “ C ”
PROJECT LABOR AGREEMENT NO. 4202 APPENDIX “D”
SHADE STRUCTURE GENERAL SPECIFICATIONS APPENDIX “E”

A-1

NOTICE INVITING SEALED BIDS
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites bids for the above stated project and will receive such bids Bid proposals will be received via PlanetBids (https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) until 11:00 A.M. on May 6, 2026
• PROPOSALS WILL NOT BE RECEIVED IN PERSON
SCOPE OF WORK: The work to be perfo rmed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent o f this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the latest Standard Plans for Public Work s C onstruction (SPPWC), Standard Specificatio ns f or Public Works Construction “Greenbook” and 2024 Caltrans Standard Plans and Specifications unless otherwise shown.

CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available through PlanetBids.

In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet through PlanetBids. Bids will not be accepted unless the bidder is o n the Planholder List. All questions from plan holders must be sent through PlanetBids.

Questions: All questions related to this pr oject shall be submitted electronically and received no later than 12:00 p.m. on April 27, 2026, prior to the opening of bids.

PREVAILING WAGE:

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the De partment of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir .ca.gov/dlsr/DPreWageDetermination.htm.

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site.

LABOR COMPLIANCE:

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be lis ted on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial

A-2
Relations (D
IR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be aw arded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (See 8 Calif.

Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minority business enterprise s will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or s ubcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontra ctors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effec tive as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted in a sealed envelope pl ainly marked on the outside. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A Contractor’s License.

No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successf ul Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 7-3.2 of these Specifications. The Contr actor may substitute an escrow holder surety of equal value to the retention and the Contractor sh all be beneficial owner of the surety and shall receive any interest thereon.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

A-3
The contract period for this project is Forty (40) working days from the eff ective date of the
Notice-to-Proceed to be issued by the City.

BY ORDER OF: The City of Montebello, California
___________________________
Christopher Jimenez, City Clerk

B-1

INSTRUCTIONS TO BIDDERS
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO

GENERAL INFORMATION
ELECTRONIC proposals, including all documents required to be submitted with the bid, will be received at the office of the Montebello City Clerk of said City until the date and time specified in the legal notice or addendum to th e project documents, whichever occurs latest, for the construction of work described in the project documents or said legal notice. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.

ONLY ELECTRONIC PROPOSALS ARE ACCEPTED.

In addition to the “ELECTRONIC” uploading of Proposal Documents described in the ‘INVITATION TO BIDDERS’, the fully executed original Bid Bond shall be delivered to the Montebello City Clerk on or before the actual bid opening day and time.

This project is subject to compliance monitoring and enforcement by the Depa rtment of Industrial Relations.

No contractor or subcontractor may be listed on a bid proposal for a Public Works project (submitted on or after March 1, 2015) unless reg istered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontra ctor ma y be awarded a contract for public work on a Public Works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

PROPOSAL FORMS
Bids shall be submitted directly through PlanetB
ids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) and contractors must use the Proposal forms provided by th e AGENCY (contained within these contract specifications). All information requested therein must be clearly and le gibly set forth in the manner and form indicated. The AGENCY will no t consider any proposal not meeting these requirements.
• PROPOSALS WILL NOT BE RECEIVED IN PERSON

B-2

PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier’s check or bid bond payable to the AGENCY in the amount not less than te n percent of the total amount bid. Any pr
oposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the cont ract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guara ntees of all bidders wi ll be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Bids shall be submitted directly through PlanetB
ids
Electronic Bids shall Bids shall be submitte d electronically at https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 A.M. on May 6, 2026. It is the bidder’s responsibility to ensure the bids have been successfully submitted thru PlanetBids. Bidders can contact the AGENCY’S Purchasing Officials for confirmation. Late proposals will not be considered.
• PROPOSALS WILL NOT BE RECEIVED IN PERSON

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bi dder. Such requests must be delivered to the AGENCY’s designat ed official prior to the bid- opening hour stipulated in the

Notice Inviting Sealed Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

IRREGULAR PROPOSALS
Unauthorized conditions
, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. Th e completed proposal forms shal l be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.

No oral, telegraphic, telephonic, facsimile or electronic proposal, modification or withdrawal will be considered.

TAXES
No mention shall b
e made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts contained in the bid will be deemed and held to include any such taxes, which may be applicable.

DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all su
ch proposals will be rejecte d, and the bidder will be disquali fied. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted

B-3
from a bidder who has not been licensed in accorda nce with the provisions of the State Business and Professions Code.

DISCREPANCIES AND MISUNDERST

ANDINGS
Bidders must satisfy themselv
es by personal examination of the work site, Plans, Specifications, and other contract documents and by any other m eans as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed.

No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS
Although the bidder may believe that by use of a diffe rent material than that specified on/in the

plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s ) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the us e of the Contractor proposed equal that a ch ange in the contract amount may result.

LEGAL RESPONSIBILITIES
All propo
sals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements se t forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

AWARD OF CONTRACT
The award of contr
act, if made, will be to the lo west responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity, and to make an award as may best serve the interests of the AGENCY.

SURETY BOND PERIOD
Surety Faithful Performance Bond shall be maintained for one (1) year after completion of project construction.

C-1

PROPOSAL
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as AGENCY
In accordance with AGENC Y’s Notice Inviting Sealed Bids, th e undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and in cidentals required for the above stated project as set f orth in the Plans, Specif ications, and contract documents therefor and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bi dders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.

BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE

AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE C ONTRACT. It is agreed that the unit and/or lump sum pr ices bid include all ap purtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit pr ices shall govern over ex tended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’s default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCY’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY’S option, be considered null and void.

The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to in crease or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the engineer. All bids will be compared on the basis of the Engineer’s estimated quantities of work to be performed.

C-2
The contractor’s attention is directed to both sec. 7-3.5.2 “Increases of more than 25 percent” and sec. 7-3.5.3 “Decreases of more than 25 percent” of the Standard Specifications which have been eliminated and are replaced by the following:

No adjustments for any
unit bid price for any quanti ty that will vary by more than 25% will be allowed.

The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) working days, after having received noti ce that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Montebello.

The bidder also certifies that the bid is a balanced bid. In accordance with section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

C-3

BID PROPOSAL
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of th e proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvemen ts as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID ITEMS:

ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
1 Mobilization/Demobi lization (Not to
exceed 3% of total of all other Prime
Contract Bid Items)
LS 1
$ $
2 Provide Traffic Control LS 1 $ $
3 Sawcut and Remove Existing AC
Pavement and Native Soil to provide clear
depth

CY 47 $ $
4 Sawcut and Remove Existing PCC
Pavement and Native Soil to provide clear
depth

SF 1,746 $ $
5 Sawcut and Remove Existing Curb &
Gutter
LF 20 $ $
6 Sawcut and Remove Existing Concrete V-
Gutter
SF 103 $ $
7 Sawcut and Remove Existing Concrete
Curb Ramp
EA 1 $ $
8 Remove Existing Landscape CY 244 $ $
9 Remove Existing Tree and Tree Roots EA 2 $ $
10 Remove Existing BBQ Equipment and
Appurtenances LS 1 $ $

C-4
ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
11 Construct Concrete Curb or Curb & Gutter LF 21 $ $
12 Construct Concrete Sidewalk (4"-Thick) SF 3,008 $ $ 13 Construct Concrete 34" wide PCC V-
Gutter SF 27 $ $
14 Provide and Place 4" Thick Crushed
Miscellaneous Base (CMB) CY 126 $ $
15 Construct 4”-Thick Asphalt Concrete
Overlay Type C2-PG 64-10 TON 51 $ $
16 Construct Concrete Curb Ramp EA 1 $ $
17 Construct Mow Curb LF 241 $ $
18 Provide, Place and Compact 4" Stabilized
Decomposed Granite CY 99 $ $
19 Provide and Place Top Soil CY 185 $ $
20 Furnish and Install 6’ High Black Vinyl
Coated Galvanized Chain Link Fence
System
LF 268 $ $
21 Furnish and Install 6’ High Black Vinyl
Coated Galvanized Chain Link 8' wide
Double Gates

EA 1 $ $
22 Furnish and Install 6’ High Black Vinyl
Coated Galvanized Chain Link Single Gate EA 1 $ $
23 Construct 18" Raised Planter Curb LF 155 $ $
24 Furnish and Install New Hose Bibb EA 4 $ $
25 Furnish and Install 6' Long Precast
Concrete Wheel Stops EA 13 $ $
26 Furnish and Install 4'W X 8'L X Varied
Height Galvanized Planter Box LS 1 $ $
27 Traffic Striping and Markings Including
Accesible Parking Stall LS 1 $ $
28 Furnish and Install Sign and Post EA 2 $ $
29 Furnish and Install Public Improvement
Project Signs EA 1 $ $
30 Construction Survey, Staking, Re-establish
Survey Monuments and Centerline Ties LS 1 $ $
31 Provide Material Te sting Services as
Directed by the Engineer – Allowance LS 1 $ $
32 Furnish and Install 20'W X 20'L X 10'H
Shade Structure LS 1 $ $

C-5
ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
TOTAL AMOUNT BID IN FIGURES $

ALTERNATIVE BID
ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
34 Furnish and Install Storage Shed EA 1 $ $
35 Furnish and Install 3-Bin Composter EA 1 $ $
TOTAL AMOUNT BID IN WORDS _____________________________________________ _______________________________________________________________________Dollars Bidder’s Signature Title
______________________________________________________________________________ Company Name

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
*Contact will be awarded to the most respons ive and lowest responsib le bidder based on the amount contained in the “TOTAL AMOUNT BASE BID SCHEDULE”.

C-6

DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109
The City of Montebello cannot pe rmit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, each bidder shall set forth below: (a) th e name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act. The prime c ontractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.

If a prime contractor fails to specify a subcontra ctor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.

No prime contractor whose bid is accepted shall (a) substitute a ny subcontractor, (b) permit any subcontract to be voluntarily assi gned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his/her original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bi d as to which no subcontr actor was designated in the original bid shall only be pe rmitted in cases of public emerge ncy or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

C-7
California Public Contract Code 7104
Contracto
r shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.

C-8

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, which are in excess of one-half of one percent of the bid, and to procure materi als and equipment from suppliers and vendors as follows:

Prior to award of contra ct, Contractor shall sub mit a list of suppliers an d vendors, in writing, to the Public Works Director.

NAME, ADDRESS, LICENSE NO.,

AND PHONE NUMBER OF

SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,

AND VENDORS MATERIALS, OR EQUIPMENT
____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________

C-9

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has perfo
rmed similar work within the past two years:

1. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed

2. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed

3. __________________________________________________________________________ Name and Address of Agency
_________________________________________________________________________ Name and telephone number of person familiar with project _________________________________________________________________________ Contract amount Type of work Date completed The following are the names, addresses, and te lephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

C-10

EQUAL E

MPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in
all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federa l equal employme nt opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifie
s that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that su ch affirmative actions have been fully documented, that said documen tation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NON-COLLUSION AFFIDAVIT
BIDDER de
clares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

C-11
BIDDER’S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder’s Name ___________________________________________________________ Business Address: __________________________________________________________ ___________________________________________________________ Telephone
___________________________________________________________ State Contractor’s License No. and Class: ________________________________________ Original Date Issued ____________________ Expiration Date ______________________ The f
ollowing are the names, titles, email addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ The date of any voluntary
or involuntary bankruptcy judgments ag ainst any princi pal having an interest in this proposal is as follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ All cur
rent and prior DBA’s, alias, and/or fictit ious business names for a ny principal having an interest in this proposal are a s follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

C-12
IN WITNESS WHEREOF, BIDDER executes and s ubmits this proposal with the names, title,

hands, and seals of all forenamed principals this ___________ day of _____________, 20___.

BIDDER______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The undersigned declares under penalty of perjury unde r the laws of the Stat e of California that the representations made hereto are true and correct.
____________________________________
Signature of Contractor’s Representative
____________________________________
Printed Name
____________________________________
Title
Subscribed and sworn to this _________ day of _____________________,20_______.

NOTARY PUBLIC _____________________________________________________

C-13
Note: The standard printed bid bond form of any bonding company accep table to the City of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the C ity of Montebello are no t in any way reduced by use of the surety company’s printed standard form.

PROPOSAL GUARANTEE

BID BOND
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ______________________________________ ______________________________________________, as BIDDER, and ________________ ______________________________________________, as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of _____________________ ______________________________________________________________________________ ____________________________ dollars ($_________________), which is ten percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for th e above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this _______ day of ______________, 20____.

BIDDER* _____________________________________________________________________ ______________________________________________________________________________ SURETY*_____________________________________________________________________ Subscribed and sworn to this _______ day of __________________, 20____.

NOTARY PUBLIC _____________________________________________________________ *Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

C-14
BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, an y officer of the bid der or a ny employee of the Bidder who has a pro prietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or lo cal government project because of a violation of law or a safety regulation?
Yes_________ No_________
If the answer is yes, explain the circumstances in the space provided.

C-15
Note: The following is to be used in case cash, a cashier’s check or a certified check accompanies the proposal.

PROPOSAL GUARANTEE
CASH, CASHIER’S CHECK, OR CERTIFIED CHECK
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
Accompanying this proposal is a certified check, a cashier’s check, or bidder’s bond payable to the order of the City of Montebello, or cash in the amount of _____________________________ _____________________________________________________________________________ _______________________________________________________________________ Dollars ($_____________________). The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds re quired by the City of Montebello within the specified time; otherwise, th e same is to be returned to the undersigned as set forth in the Instructions to Bidders.
__________________________________
__________________________________
B i d d e r

D-1

CONTRACT AGREEMENT
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
This Contract Agreement is made and entered into for the above stated project this _________ day of ______________, 20____. BY AND BETWEEN the City of Montebello, as AGENCY, and __________________________________________________________________________ as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Speci fications, Standard Specifications, Special Provisions, Plans, an d all referenced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and al so including any and all addenda or sup plemental agreements clarifying, or extending th e work contemplated as may be required to in sure its completion in acceptable manner. All of the provision s of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the unit or lump sum prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time sp ecified in the aforesaid contract documents; and also inclu ding those arisin g from ac tions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

ARTICLE IV
AGENCY hereby promises an d agrees to employ, and does hereby emplo y, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.

D-2

ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker’s co mpensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all of its officers and agents from any claims, demand, or causes of action, including relate d expenses, attorney’s fees, and costs, based on, arisi ng out of, or in any way rela ted to the work undertaken by CONTRACTOR hereunder

ARTICLE VII
CONTRACTOR affirms that the signatures, titles, and seals set fo rth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.

ARTICLE VIII
CONTRACTOR shall take and assume all responsibility for the work. CONTRACTOR shall bear all losses and damages directly or indirectly resu lting to him, to the City, or to others on account of the performance under this contract, or the character of the work, accidents or any other causes whatsoever.

CONTRACTOR shall assume the defense and indemnify and save harmless the City, its officers, employees and Engineer fro m all claims, loss, dama ge, injury and liability of every kind, nature and description, directly or indirectly arising from performance of this contract or work, regardless of responsibility for negligen ce; from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused , resulting directly or indirectly from the nature of the work covered by this contract, or CONTRACTOR’s performance thereunder, regardless of responsibility for negligence.

ARTICLE IX
STAT
E LABOR CODE. Contractor agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations and /or the requirements of the federal government and applicable federal wage rates.

The total contract price of this agreement is $ ______________________ based on estimated quantities given on the Base Bid Sheet.

ARTICLE X
The contract period fo
r this project is forty (40) working days, for construction to begin from the effective date of the Notice-to-Proceed issued by the City.

D-3

ARTICLE XI (PREVAILING WAGES)
(a)
Contractor agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
(b) Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing ra tes of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a pe nalty to the Agency, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by a subcontractor.
(c) Contractor agrees to comply with the provisions of California Labor Code Section 1776 which requires Contractor and each subcontracto r to (i) keep accurate payroll records, (ii) certify and make such payroll records availa ble for inspection as pr ovided by Section 1776, and (iii) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. (d) Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(e) Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the City. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollar ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontra ctor for each calendar day or portion ther eof during which such worker is re quired or permitted to work more than 8 hours in any one calendar day and 40 hours in any one cale ndar week in violation of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The Contractor may, with the approval of the Public Works Director, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:

For Daytime Work
• Weekdays (Monday through Fridays) after eight (8) hours da ily and not to exceed twelve (12) hours daily total per day and not exceeding forty-eight (48) hours work in a seven (7) day period w eek at one and one-h alf (1.5) times the prevailing hourly wage for the initial ei ght (8) hours of regular work time for the time worked after the initial eight (8) hours regular time. • Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial ei ght (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period.

D-4
(f)
California Labor Code Sections 1860 a nd 3700 provide that ev ery contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the prov isions of Section 3700 of th e Labor Code which require every employer to be insured ag ainst liability for worker’s compensation or under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.” Liquidated Damages: The liquidated damages value is hereby amended to be $500.00 per day.

ARTICLE XII (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Sec tion 7108.5 of the C
alifornia Business and Professions Code, which
requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt of each progress paymen t, unless otherwise agreed to in writing. In addition, Federal Regulation (49 CFR 26.29) requires a prime contractor or subcontractor to pay a subcontractor no later than 30 days of receipt of each payment, unless any delay or postponement of payment among the parties takes place only for good cause and with the prior written approval of the agency.

Section 7108.5 of the California Business and Professions Code also contains enforcement actions and penalties.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in tr iplicate by setting hereunto their names, titles, hands, and seals this _______ day of ________________, 20_____.

CONTRACTOR: ______________________________________________________________ ______________________________________________________________________________ ( T i t l e )
Contractor’s License No. _____________________________________________ AGENCY Business License No. _______________________________________ Federal Tax Identification No.: ________________________________________ Subscribed and sworn to this _________ day of ______________________, 20_____________.

NOTARY PUBLIC _____________________________________________________________ AGENCY: ____________________________________________________________________ Raul Alvarez, City Manager of the City of
Montebello
ATTESTED:___________________________________________________________________ Christopher Jimenez, City Clerk, C ity Clerk of the City of Montebello Date ________________________

D-5

FAITHFUL PERFORMANCE BOND
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ____________________ __________________ __________________________________________________________ as CONTRACTOR and __________________________________________________________, as SURETY, are held an d firmly bound unto the City of Montebello, as AGENCY, in th e penal sum of _________________________________________________________________________________ _____________________________________________________________ __________ dollars
($___________), which is one-hundre d percent (1 00%) of the total contract amoun t for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ______ day of ___________________, 20_____.

CONTRACTOR* ______________________________________________________________ _____________________________________________________________________________ SURETY* ___________________________________________________________________ _____________________________________________________________________________ Subscribed and sworn to this ________ day of ____________________, 20_________.

NOTARY PUBLIC _____________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

D-6

MATERIAL AND LABOR BOND
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ______________________________________ ___________________________________________________________, as CONTRACTOR, and ______________________________________ ___________________, as SURETY, are held and firmly bound unto the City o f Mon tebello, as AGENC Y , in the penal sum of ______________________________________________________________________________ ________________________________________________________________________ dollars ($ _____________), which is fifty percent (50%) of the total contract amount for the above stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with resp ect to said labo r, SURETY will pay for the same in an amount not exceeding th e sum set forth above, which amo unt shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alteration made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this ________ day of _________________, 20_________.

CONTRACTOR* ______________________________________________________________ ______________________________________________________________________________ SURETY* ____________________________________________________________________ ______________________________________________________________________________ Subscribed and sworn to this _________ day of _______________________, 20_______.

NOTARY PUBLIC _____________________________________________________________ * Provide CONTRACTOR/SURETY name, address and telephone nu mber and the name, title, address and telephone number of authorized representative.

GP-1

SPECIAL PROVISIONS
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
PART 1 GENERAL PROVISIONS
(NOTE: SECTION NUMBERS CORRESPOND TO THE STANDARD SPECIFICATIONS)

SECTION PAGE

1. TERMS AND DEFINITIONS GP-4

2. SCOPE OF THE WORK GP-13

3. CONTROL OF THE WORK GP-15

4. CONTROL OF MATERIALS GP-18

5. LEGAL RELATIONS AND RESPONSIBILITIES GP-19

6. PROSECUTION AND PROGRESS OF THE WORK GP-25

7. MEASUREMENT AND PAYMENT GP-26

8. FACILITIES FOR AGENCY PERSONNEL GP-33

9. CITY STANDARDS, STANDARD PLANS & DRAWINGS GP-33

10. CLAIMS AND PROTESTS GP-34
PART 4 EXISTING IMPROVEMENTS
400 PROTECTION AND RESTORATION GP-37
402 UTILITIES GP-38
PART 6 TEMPORARY TRAFFIC CONTROL
600 ACCESS GP-40
601 TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION
AND MAINTENANCE WORK ZONES GP-41
PART 9 BID ITEM DESCRIPTIONS

BID ITEMS PAGE
1 Mobilization/Demobilization (Not to exceed 3% of total of all other Prime Contract Bid Items)
BD-1
2 Provide Traffic Control BD-2
3 Sawcut and Remove Existing AC Pavement, Base, Subbase and Native Soil to Provide Clear Depth
BD-7
4 Sawcut and Remove Existing PCC Pavement and Native Soil to Provide Clear Depth
BD-9

GP-2
5 Sawcut and Remove Existi ng Curb & Gutter BD-11
6 Sawcut and Remove Existing Concrete V-Gutter BD-12
7 Sawcut and Remove Existing Concrete Curb Ramp BD-13
8 Remove Existing Landscape BD-14
9 Remove Existing Tree and Tree Roots BD-15
10 Remove Existing BBQ Equipmen t and Appurtenances BD-16 11 Construct Concrete Curb or Curb & Gutter BD-16
12 Construct Concrete Sidewalk (4"-Thick) BD-17
13 Construct Concrete 34" Wide PCC V-Gutter BD-17
14 Provide and Place 4" Thick Crushed Miscellaneous Base (CMB) BD-18 15 Construct 4”-Thick Asphalt Concre te Overlay Type C2-PG 64-10 BD-18 16 Construct Concrete Curb Ramp BD-20
17 Construct Mow Curb BD-22
18 Provide, Place and Compact 4" Stab ilized Decomposed Granite BD-22 19 Provide and Place Top Soil BD-26
20 Furnish and Install 6’ High Black Vinyl Coated Galvanized Chain Link Fence System
BD-26
21 Furnish and Install 6’ High Black Vinyl Coated Galvanized Chain Link 8' wide Double Gates
BD-26
22 Furnish and Install 6’ High Black Vinyl Coated Galvanized Chain Link Single Gate
BD-27
23 Construct 18" Raised Planter Curb BD-27
24 Furnish and Install New Hose Bibb BD-28
25 Furnish and Install 6' Long Precast Concrete Wheel Stops BD-28 26 Furnish and Install 4'W X 8'L X Varied Height Galvanized Planter Box BD-28 27 Traffic Striping and Markings Including Accessible Parking Stall BD-29 28 Furnish and Install New Sign and Post BD-30
29 Furnish and Install Public Im provement Project Signs BD-31 30 Construction Survey, Staking, Re-establish Survey Monuments and Centerline Ties
BD-32
31 Provide Material Testing Services as Directed by the Engineer – Allowance
BD-34
32 Furnish and Install 20'W X 20'L X 10'H Shade Structure BD-34 33 Furnish and Install Storage Shed (alternative bid) BD-36 34 Furnish and Install 3-Bin Com poster (alternative bid) BD-36

SPECIAL PROVISIONS
PART 1 – GENERAL PROVISIONS
FOR

CHET HOLIFIELD PARK COMMUNITY GARDENS PROJECT
C.P. No. 945

IN THE CITY OF MONTEBELLO
Except as otherwise provided in the Plans, Sp ecial Provisio ns, Special Specifications, or as modified herein, the work embraced herein shal l be done in accor dance with the appropriate provisions of the Standard Specifications for Public Works Constructi on, “Green Book”, 2018 Edition, which are hereinafter referred to as the Standard Specifications.

The intention of the contract documen ts is to in clude all plant labor, services, mater ials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, as provided in the contract documents for the proper execution and completion of the work on the project in strict accordance with the plans and specifications.

The Standard Specifications and Standard Pl ans of the AGENCY are co ntained in the 2018 Edition, an d applicable amendments to, of th e Standar d Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC). Copies of these Standard Specifications and Plans are available from the publish er, Building News, Incorporated, 1612 South Clementine Street, Anaheim, CA 92802, telephone (714) 517-0970.

The AGENCY also uses the Standard Sp ecifications and plans of the State o f California Department of Transportation (Caltrans) which Standard Specifications an d Plans are available from Caltrans District 7, Los Angeles or Caltrans Office in Sacramento.

The Standard Specifications set forth above will control the general provisions, construction materials, and construction met hods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with t hose of the said Standard Specifications. Only those sections requiring elaboration, amendment, specifying of options, or additions are called out.

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PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL

1-2 TERM
S AND DEFINITIONS.

In addition to the terms and definitions of subsection 1-2, whenever in the contract documents the following terms are used, they shall be understood to mean and refer to the following:

ALLOWABLE COSTS means those costs not covered by agreed unit prices, which are to be used in calculating adjustments to the Contract Sum.

ALLOWABLE MARKUPS means the percentage of markups for Work not covered by agree unit prices, which are to be used in calculating adjustments to the Contract Sum.

APPLICABLE LAWS means all applicable federal, state and municipal laws (legal and equitable), statutes, building codes, ordinances, regulations and lawful orders (including, without limitation, the City acting in its regulatory capacity) having jurisdiction over the Project, Work, Site, City, or Contractor (including, without limitation, Envir onmental Laws) and all ordinances, rules and regulations enacted by City. In the event of a conflict betw een or among Applicable Laws governing Contractor’s performance of the Work, the more stringent shall apply.

APPLICATION FOR PAYMENT means Contractor’s certified application for payment for Work in accordance with the Contract Documents.

ARCHITECT means the individual or firm under contract with City primarily responsible to provide design, engineering and related construction administration for the Project.

AGENCY: City of Montebello
BOARD: City Council of the City of Montebello
COUNTY: County of Los Angeles
FEDERAL: United States of America
BIDDING DOCUMENTS means the foll owing collection of documents prepared and issued for the purpose of soliciting Bids for the Work: (1) Invitation to Submit Bids, (2) Instructions to Bidders, (3) Bid Forms, (4) Construction Contr act, (5) Special Provisions, (6) Drawings and Schedules, (7) Details, (8) Addenda(s), and (9) those documents, or those portions or provisions of documents that, although not listed among the documents described in Clauses (1) through (8) hereinabove, are expressly cross-referenced therein or attached thereto.

CERTIFICATE FOR PAYMENT means the statem ent from the Engin eer certifying both the undisputed amount of money due to Contractor and the amount of money, if any, that are disputed upon an Application for Payment.

CHANGE means a modification, ch ange, addition, substitution or deletion in the Work or in Contractor’s means, methods, manner, time or sequence of performing the Work arising from any

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cause or circumstances, including, without limitation, either directly at the request of City or constructively by reason of other circumstances. Use of the term “Change,” in any context, in the Contract Documents shall not be interpreted as implying that Contractor is entitled to an adjustment increasing the Contract Sum or extend ing the Contract Time on any basis other than for Compensable Change or Compensable Delay.

CHANGE ORDER means a written instrument, signed by City and Contractor in accordance with the requirements of the Genera l Conditions, designating any work that is a change of scope requiring additional expenditure of materials and labor and/or requiring additional time to complete. Its purpose is to establish the terms of City and Contractor’s mutual agreement to an adjustment of the Contract Su m or Contract Time on account of Compensable Change, Deleted Work, Compensable Delay or Excusable Delay.

CHANGE ORDER REQUEST means C ontractor’s written request for an adjustment in the Contract Sum and/or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

CITY means the City of Montebello, a municipal corporation organized under the laws of the State of California, acting through the City Council or other representatives duly authorized by the City Council to act on City’s behalf.

CITY CONSULTANT means the designated Consultant, other than the Architect, engaged by City (or engaged as a subconsultant to the Architect or Consultant) to provide professional advice with respect to the design, construction or management of the Project.

CITY COUNCIL means the City Council of the City of Montebello.

CLAIM means a written demand or assertion by City or Contra ctor seeking, as a matter of right, an interpretation of contract, payment of money, recovery of damages or other relief. A CLAIM does not include the following: (1) a tort claims for personal injury or death, (2) stop notice claims, (3) the right of City to specific performance or injunctive relief to compel performance, or (4) any rights remedies, administrative action, and/or penalties that the City has under applicable law.

CLOSE-OUT DOCUMENTS means the warranties, guarantees, maintenance and operations manuals that, along with electronic versions, are required to be delivered by Contractor to the City upon Final Completion of the Project Work.

COMPENSABLE CHANGE means Extra Work: (1) th at is the result of (a) Differing Site Conditions, or (b) revisions in Applicable Laws enacted after the execu tion of the Construction Contract by City and Contractor, (c) a Change re quested in a writing signed by the Engineer, or (d) other circumstances involving a Change in the Work or whic h Contractor is given under the Contract Documents a specific and express right to adjustment of the Contract sum; and (2) that is not caused, in whole or part, by the negligence or willful mi sconduct of Contractor or a Subcontractor of any Tier or a failure to comply with Contractor’s obligations under the Contract Documents; and (3) for which an adjustment to the Contract Sum is not prohibited by nor waived under the terms of the Contract Documents; and (4) that if performed would require Contractor to incur additional and unforeseeable Allowable Costs that would not have been required to be incurred in the absence of such Extra Work.

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COMPENSABLE DELAY means a Delay to the critical path of activities af fecting Contractor’s ability to achieve Final Completion of the Project Work within the Contract Time, not caused, in whole or in part, by the negligence or willful misconduct of Contractor or a Subcontractor or any Tier or a failure to comply with Contractor’s obligations under the Contract Documents, and that is caused solely by any of the following: (1) a Compensable Change, (2) the active negligence of City, Engineer, Architect, City Consultant or a Separate Contra ctor, or (3) othe r circumstances involving Delay for which Contractor is given under the Cont ract Documents a specific and express right to both an adjustment of the Contract Sum and/or Contract Time.

COMPLETION PUNCH LIST means the list of items of Work to be completed or corrected by Contractor for Final Completion of the Project Work.

CONSEQUENTIAL DAMAGES means damages incurred by either City or Contractor for loss of use, loss of profit or income, loss of revenue, lost opportunity, additional or unabsorbed overhead, loss of management or services, loss of productivity, loss of financing or funding, loss of business reputation, loss of bonding and all si milar indirect, economic damages that are caused as a result of either Delay or that result from a termination or suspension (for default or convenience) of all or any portion of the Construction Contract or the Work. Consequential Damages do not include direct or indirect damage or in jury to persons or tangible prope rty, including without limitation, the repair or replacement of tangible property damaged or lost.

CONSTRUCTION CONTRACT means the written contract contained in the Bidding Documents and executed between City and Contractor for the Work.

CONTRACT DOCUMENTS means the followi ng collection of documents governing Contractor’s performance of the Work: (1) the Bidding Documents, (2) the Construction Contract between City and Contractor, other terms, c onditions and requirements applicable to the performance of the Construction Contract a nd Work (including General Provisions, any supplemental and Special Provisions and the Ge neral Requirements), Drawings, Specifications, Addenda issued prior to execution of the Construction Contract and other documents listed in the Construction Contract and Modifications issued after execution of the Construction Contract, (3) a Change Order signed by both City and Contractor and/or such others, if any, as required by the General Conditions, (4) a Unilateral Change Order signed by City and/or others, if any, as required by the General Conditions, (5) a Field Order signed by City and/or others , if any, as required by the General Conditions, (6) a written order for a Minor Change in the Work issued by the Engineer, and (7) the Declaration of Sufficiency of Funds completed and signed by Contractor.

CONTRACT SUM means the total amount of compen sation stated in the Construction Contract, including adjustments authorized by Change Orders or Unilateral Ch ange Orders, that is payable to Contractor for the performance of the Work in accordance with the Contract Documents.

CONTRACT TIME means the total number of working days set forth in the Construction Contract within which Contractor is obligated to submit Materials Confirmations and achieve Completion and Final Completion of the Project Work and/or Project Work, as adjusted for extensions of time permitted under the terms of the Contract Documents and approved by City.

CONTRACTOR means the person or entity under contract with City pursuant to the Construction Contract to serve as the general contractor for con
struction of the Work.

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DAY, whether capitalized or not, and unless otherwise specifical ly provided, means Monday, Tuesday, Wednesday, Thursday, Friday, and does not include weekends or City recognized legal holidays.

DEFECTIVE WORK means Work by Contractor or a Subcontractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to Applicable laws, the Contract Documents or the requirements of any inspection, reference sta ndard, test, code or approval specified in the Contract Documents.

DELAY, whether capitalized or not, means any circumstances involvi ng delay, disruption, hindrance or interference in the performance of the Work.

DELETED WORK means work that is eliminated due to a Change requested by City.

DESIGN DOCUMENTS means all plan s, drawings, tracings, specifications, programs, reports, calculations, models, presentation materials and other materials or documents containing designs, specifications or engineering information prepared by the Architect, City Consultants, Contractor, Separate Contractors or Subcontractors incl uding, without limitation, co mputer aided design materials, electronic data files and paper copies. The term “Design Documents” includes, without limitation, all building and other de signs depicted therein, as well as the written documents themselves.

DIFFERING SITE CONDITION means an unforesee n condition at a Site or in Existing improvements at a Site. Specifically they are those conditions, located at a Site or in Existing Improvements, not otherwise ascertainable by C ontractor through the exercise of thorough care and diligence in its inspection of the Sites and Bidding Documents, that constitute: (1) hazardous materials that constitute hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of Applicable Laws; or (2) subs urface or concealed conditions at the Sites or concealed conditions in Existing Improvements whic h differ materially from those indicated by the Contract Documents or other information available to Contract or prior to submission of the Bid; or (3) unknown physical conditions at the Sites or concealed conditions in Existing improvements of an unusual nature, differing mate rially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in the Contract Documents.

DISCOVERY DATE, used in reference to Contractor’s obligation to give written notice of certain facts, conditions or circumstan ces, means the earlier of the date s the Contractor either: (1) discovered such facts, conditions or circumstances, or (2) shoul d have discovered such facts, conditions or circumstances in the exercise of reasonable care practiced by the general contractors performing public works construction projects in the Southern California area.

DRAWINGS means the graphic and pictorial portions of the Contract Documents prepared by the Architect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “Drawings” is used interchangeably with “Plans.”

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ENGINEER means the City Engineer or the Public Works Director for City of Montebello acting either directly or through prope rly authorized agents, acting with in the scope of the particular duties entrusted to them.

EXCUSABLE DELAY means a Delay, other than a Compensable Delay, to Contractor’s ability to perform within the Contract Time that is (1) not caused, in whole or in part, by the negligence or willful misconduct of Contractor or a Subcontractor of any Tier or a failure to comply with the obligations of Contractor under the Contract Document s; and (2) is unforeseeable, unavoidable and beyond the control of Contractor and the Subc ontractor, of any Tier; and (3) the result of a Force Majeure Event. Without limitation to the foregoing, neither the bankruptcy, insolvency nor financial inability of Contractor or any Subcontractor, nor any failure by a Subcontractor to perform any obligation imposed by contract or Applicable Laws, shall constitute grounds for Excusable Delay.

EXTRA WORK means Work (other than Work that is either a logical evolution of the Consultant’s detailing, refinement and clarification of the Drawings and Sp ecifications that are part of the Contract Documents or that is reasonably inferabl e as necessary to satisfy the design intent for a completed and fully operational system, facility or structure) that is not indicated by the Contract Documents, the performance of which requires the expenditure by Contractor of additional and unforeseen Allowable Costs. Reference to Extra Work shall not be interpreted to mean or imply that Contractor is entitled to an adjustment to the Contract Sum or Contract Time unless such Extra Work constitutes a Compensable Change.

FIELD ORDER means a written directive signed by the City and Contractor that: (1) directs the performance of a Minor Change, (2 ) directs performance of Work or a Change with respect to which there exists a dispute or question regarding adju stment of the Contra ct Sum or Contract Time, or (3) establishes a mutually agreed basis for compensation to Contractor for a Compensable Change or Deleted Work under circumstances where performance needs to proceed in advance of the Contractor having completed its substantia tion and evaluation of the impact thereof on the Contract Sum or Contract Time.

FINAL COMPLETION, FINALLY CO MPLETE means (1) with resp ect to Project Work, the point at which the following conditions have occurred with respect to such Work: (a) the entirety of such Work is fully completed, including all minor corrective, or “ punch list,” items, (b) a permanent and unconditional waiver for the entirety of such Work has been delivered to City, (c) all documents required to be submitted, includin g without limitation, warra nties, guaranties and other Close-Out Documents, (d) such Work and the related portions of the Site have been thoroughly cleared of all constructi on debris and cleaned in accord ance with the requirements of the Contract Documents, including, but not necessarily limited to where applicable, the following:
removal of temporary protections; removal of marks, stains, finge rprints and other soil and dirt from painted, decorated and natural -finished woodwork; removal of spots, plaster, soil and paint from ceramic tile, marble and other finished materials; all surfaces, fixtures, cabinet work and equipment are wiped in accordance with recommendations of the manufacturer; and all stone, tile and resilient floors are cleaned thoroughly in accordance with manufactures recommendations and buff dried by machine to bring the surfaces to sheen, and (d) all conditions set forth in the Contract Documents for completion of such Work have been, and continue to be, fully satisfied; and (2) with respect to the Project Work, the point at whic h: (a) all of the conditions set forth in Clause (1) of the Paragraph have occurred for each and
every Home comp rising the Project; and (b) all

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contractors and subcontractors have been paid and there are no out standing stop orders claims or claims of any kind that may delay the payment by the City of its ten-percent self-retention monies.

FORCE MAJEURE EVENT means, and is restricted to, any of the following: (1) Acts of God, (2) terrorism or other acts of public enemy, (3) acts or omissions of Governmental Authorities beyond the reasonable foreseeability and control of Cont ractor, (4) epidemics or quarantine restrictions, (5) strikes, other than those re sulting from a violati on by Contractor or a Subcontractor of Applicable Laws or applicable collective bargaining agreements, resulting in the unavailability of workers or replacement workers, (6) acts or om issions of the Homeowner that Delay access to a Home or performance of the Wor k, or (7) unusual shortages in materials that are supported by documented proof that (a) Contractor made every effort to obtain such materials from all available sources located within a reasonable distance of th e Site where those materi als are to be used in performing the Work, (b) such shortage is due to the fact that such mate rials are not physically available or could not have been obtained only at exorbitant prices entirely inconsistent with current rates taking into account the quantities involved and th e usual industry practices in obtaining such quantities, and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated at the timed the Construction Contract was entered into.

GENERAL CONDITIONS means the herein set forth general terms and conditions.

HAZARDOUS SUBSTANCE means: (1) any chemical, material or other substance defined as or included within the definition of “hazardous s ubstances,” “hazardous wastes”, “extremely hazardous substances,” “toxic substances”, “toxic material”, “restricted hazardous waste”, “special waste”, “contamination”, or wo rds of similar import under any Environmental Law, including without limitation, the following: petroleum (including crude oil or any fraction thereof), asbestos, asbestos-containing materials, polychlorinated biphenyls (“PCB:”) and PCB-containing materials, whether or not occurring naturally; (2) lead paint, or (3) any substance that because of its quantity, concentration or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the enviro nment, and which has been determined by any Governmental Authority to be a hazardous waste or hazardous substance.

INSPECTOR OF RECORD means the Inspecto r responsible, among others, for conducting inspections of Project Work.

LABORATORY means the designated laboratory authorized by the Engineer to test materials and work involved in the contract.

LOSS, LOSSES mean any and all economic and non-economic injuries, losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, fines and penalties. “Losses” do not include attorney’s fees or court costs, whether arising as an expense or cost or legal proceeding to which Contractor is a party or as a consequential damage claimed against Contractor by any third person.

MINOR CHANGE means a Change in the Work that does not involve either performance of Extra Work or an adjustment to the Contract Sum or Contract.

MODIFICATION means a written agreement of City and Contractor that amends, adds to or revises the provisions of the Construction Contract or other Contract Documents.

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NOTICE OF COMPLETION means the written notice by Engineer confirming the date that the Project Work is Finally Completed.

NOTICE TO PROCEED means the written notice issued by City to Contractor to begin the Project Work.

PLANS means the graphic and pictorial portions of the Contract Documents prepared by the Architect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “Plans” is used interchangeably with “Drawings.”
PROGRESS PAYMENTS means a monthly payment of a portion of the Contract Sum based on Contractor’s progress in the performance of the Work.

PROJECT COMPLETION DATE means the point at which the Project Work is: (1) sufficiently and entirely complete in accordan ce with Contract Documents so th at such Work can be utilized for its intended purpose, (2) receipt by City of all permits and certificates by Governmental Authorities, if any, required to occupy and use such Work, and (3) all systems included in the Work are operational as specified, all designated or required inspections and certifications by Governmental Authorities have been made and posted and has been completed.

PROJECT OR PROJECT WORK means the totality of the Work to be performed by Contractor under the terms of the Contract Documents covered by the Project Contract.

REQUEST FOR EXTENSION means a formal written request re quired to be submitted by Contractor setting forth the justification and support for Contractor’s request for adjustment in the Contract Time due to an Excusable Delay or Compensable Delay.

REQUEST FOR INFORMATION means a written request by Contractor for clarification of what it perceives to be discrepancie s in the Contract Documents, including, without limitation, information in the Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination, noncompliance with Applicable Laws or variances between the information in the Contract Documents and field conditions.

SPECIFICATIONS mean the porti on of the Bidding Documents consisting of the written requirements for materials, equipment, standards and workmanship for the Work and performance of related services.

SPECIAL DAYS means the local holiday shopping season from the second Friday of December through Christmas Day.

SUBCONTRACTOR means a person or entity that has a contract to perform a portion of the Work, including without limitation, subcontractors, sub-subcontractors, suppliers and vendors, of any and every Tier.

SURETY means Contractor’s surety issuing th e Bid, Performance and/or Labor and Material Bonds.

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TIER means the contractual level of a Subcontractor with respect to Contractor. For example, a “first-tier” Subcontractor is under contract with Contractor. A sub-subcont ractor under contract with a first-tier Subcontractor is in the “second tier,” and so on. Use of the phrase “of every tier”, or similar phraseology, in the Contract Documents shall not be interpreted as implying that other provisions of the Contract Documents, where such phases are not used, are intended to be limited application to only the first Tier or to only certain Tiers of Subcontractors.

UNEXCUSED DELAY means any Dela y that is not a Compensabl e Delay or Excusable Delay, including, without limitation, the following: (1) Delay caused by Contractor’s failure to comply with the Contractor’s Documents, (2) Delay for which Contractor has failed to provide timely and complete Request for Extension, or (3) Delay asso ciated with any circumstances where costs or risk associated with such circumstances are de signated in the Contract Documents as being at Contractor’s risk or C ontractor’s Own Expense.

UNILATERAL CHANGE ORDER means a writing signed by City in accordance with the General Conditions, in which City unilaterally sets forth its determination of the amount of adjustments to the Contract Sum or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

WORK means the labor, materials, equipment, se rvices, permits, licenses and taxes and all other things necessary for Contractor to perform its ob ligations under the Contract Documents, including, without limitation, any Changes requested by City.

WORKING DAY means Mondays, Tuesdays, Wednesdays, Thursdays and Fridays. It does not include Saturdays, Sundays, or Holidays recognized by the City of Montebello.

Other terms appearing in the Standard Specificati ons shall have the intent and meaning specified therein.
1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General.

Subsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

Within ten working days after the date of th e AGENCY’s notice of award, the Contractor shall execute and return the following contract documents to the AGENCY:
• Contract Agreement
• Faithful Performance Bond
• Material and Labor Bond
• Public Liability and Property Damage Insurance Certificate • Worker’s Compensation Insurance Certificate
• Project Schedule

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Failure to comply with these requirements will c onstitute non-responsiveness on the part of the Contractor and will result in annulment of the award by the Agency and forfeiture of the Proposal Guarantee by the Contractor.

The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY official.

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its officers to sign contracts and bonds for the corporation.
1-7.2 CONTRACT BONDS.

The second sentence of the fourth paragraph of Subsection 1-7.2 of the Standard Specifications is hereby deleted and replaced with the following: The Faithful Performance Bond (Warranty Bond) shall remain in force until one (1) year of recordation of the Notice of Completion. The Material and Labor Bond shall remain in fo rce until thirty-five days after th e date of recordation of the Notice of Completion.

The second and third sentences of the third paragraph of Subsection 1-7.2 of the Standard Specifications are hereby deleted and replaced with the following: The “Payment Bond” (Material and Labor Bond) shall be for not less than 50 percen t of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The Payment Bond shall remain in effect until thirty-five days after the date of recordation of the Notice of Completion.
1-8 SUBCONTRACTS
The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent. Any designated “Specialty Items” may be performed by subcontract and th e amount of any such “Specialty Items” so performed may be deducted from the Contract Pr ice before computing the amount of contract labor, materials, and equipment re quired to be performed or provi ded by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information s ubmitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid pack age shall submit a list of all s ubcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in