CITY OF MONTEBELLO
City of Montebello Catch Bas in Inventory and Inspection Report
LOCATION OF TYPE OF CATCH BASI N UNIT INSTALLED CATCH BASIN ID OWNED BY STREE T I NEAREST CROSS STREET CORNER ADDRESS GPS COORDINATES DAMAGE/REPAIR NOTES 1082
I 791 TEXCOCO ST (ON BENT ARS. DIRTY INSIDE, ANO NEED TO PAINT NPOES ARS & CPS 6-079 City Howard I Lincoln/Sandy Hook MID(W ) HOWARD) N34"01.373 W118 "06.545 CURB OPENING W/GRATING LOGO 1083 BENT ARS. DIRTY INSIDE, VEGETATION ANO NEED TO
ARS & CPS 6-082 City Juarez Sandy Hook NE 800 JUAREZ N34"01.377 W118 "06.503 CURB OPENING W/GRAT ING PAINT NPOES LOGO 1084 BENT ARS, DIRTY INSIDE, ANO NEED TO PAINT NPOES
ARS & CPS 6-085 City Rocky Hill I Lexington SW 909 ROCK HILL N34"01 .307 W118'06.467 CURB OPENING LOGO 1085 ARS & CPS I 6-107 City Liberty Villa/Rio Blanco MIO(N) 808 LIBERTY NJ4•01.a1s wna ·os.111 CURB OPENING W/GRATING NEED TO PAINT NPOES LOGO 1086 ARS & CPS I 6-115 City Montebello Blvd Liberty SE NONE AVAIL. N34"01.767 W118"06.077 CURB OPENING W/GRATING NEED TO PAINT NPOES LOGO 1087 ARS & CPS I 6-116 City Montebello Blvd liberty/Paramount Bl MIO(E) NONE AVAIL. NJ4•01 .sos w11 s· os.01s CURB OPENING W/GRATING NEED TO PAINT NPOES LOGO 1088 ARS & CPS I 6-120 City Montebello Blvd Liberty/Paramount Bl MIO(S) ACROSS FROM CARL'S JR N34"09.967 W118"05,548 CURB OPENING W/GRATING NEED TO PAINT NPOES LOGO 1089 ARS & CPS I 6-124 I City Marek 4th Str NE 320 MAREK N34"01 .447 W118"06 .030 CURB OPENING DIRTY INSIDE , ANO NEED TO PAINT NPOES LOGO 1090 ARS &CPS I 6-147 I City RAYMOND EOAKMONTOR NE 764 RAYMOND, SOUTH OF N34"01.310 W118 "05.494 CURB OPENING DIRTY INSIDE , ANO NEED TO PAINT NPOES LOGO 1091 ARS &CPS I 6-148 City Orcutt Espelette SW 721 ESPELETTE N34"01 .258 W11 8"05.390 CURB OPENING DIRTY INSIDE ANO NEED TO PAINT NPOES LOGO 1092
I
BENT ARS. DIRTY INSIDE , ANO NEED TO PAINT NPOES
ARS & CPS 6-188 City Beverly Wilber/Poplar MIO(S) 217 BEVERLY N34"00,911 W118"05,800 CURB OPENING LOGO 1093 217 BEVERLY ACROSS BENT ARS. DIRTY INSIDE , ANO NEED TO PAINT NPOES ARS & CPS 6-189 City Beverly Wilber/Poplar MIO(N) STREET N34"00.922 W118"05.796 CURB OPENING LOGO 1094 BENT ARS. DIRTY INSIDE, ANO NEED TO PAINT NPOES
ARS & CPS 6-191 City Beverly Wilber/Bradley MIO(N ) 256 BEVERLY N34"01 .452 W118"09,395 CURB OPENING LOGO 1095 ACROSS STREET FROM BENT ARS, DIRTY INSIDE, ANO NEED TO PAINT NPOES ARS & CPS 6-1 95 City Montebello Blvd Paramount Bl/San Gabriel MIO (E) CHEVRON (100' NORTH) N34"02.068 W118"05,393 CURB OPENING LOGO Catch Basin Breakdown Catch Basins Needing Full Capture Devices 124 ARS ARS NONE Total for Retrofit
755 ARS &CPS City Owned 40 27 67
169 CPS County Owned 84 20 - 104
47 I NONE 171
1095 Total
l,ountv uwned: 630
t,;itv owned: 4n~ I I
Montebello
Catch Basin Inventory and lnspection Report - May 201 B 29 OF 29
1 In Re City of Montebello; Docket No. CWA-09-2022-0048
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 9
75 Hawthorne Street
San Francisco, California 94105
IN THE MATTER OF:
The City of Montebello
Respondent.
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DOCKET NO. CWA-09-2022-0048
ADMINISTRATIVE ORDER ON
CONSENT
Proceeding under Section 309(a) of the Clean
Water Act, 33 U.S.C. § 1319(a)
ADMINISTRATIVE ORDER ON CONSENT
I. INTRODUCTION
1. This Administrative Order on Consent (AOC) is entered into voluntarily by the United States Environmental Protection Agency (EPA) and Respondent City of Montebello (Respondent).
2. EPA and Respondent recognize that this AOC was negotiated in good faith.
3. EPA and Respondent recognize that Respondent’s participation in this AOC does not constitute an admission of liability by Respondent. Respondent neither admits nor denies the Findings of Fact and Determinations of Law set forth below, except to the extent that those allegations provide the EPA with a jurisdictional basis to enforce this AOC.
II. STATUTORY AUTHORITY
4. Clean Water Act section 309(a) (CWA), 33 U.S.C. § 1319(a), provides that, whenever the U.S. Environmental Protection Agency (EPA) finds that any person is in violation of any condition or limitation which implements, inter alia, sections 301(a) and 402, 33 U.S.C. §§ 1311(a) and 1342, the EPA may issue an order requiring such person to comply with such condition or limitation, and shall specify a time for compliance that the EPA determines to be reasonable.
5. The following Findings of Fact and Determinations of Law are made and this Administrative Order on Consent (AOC) is issued pursuant to the authority vested in the EPA by section 309(a) of the CWA, 33 U.S.C. § 1319(a), as amended. This authority has been delegated to the Regional Administrator of the EPA, Region 9, and further delegated by the Regional Administrator to the Director of the Enforcement and Compliance Assurance Division of the EPA, Region 9.
Attachment B
2 In Re City of Montebello; Docket No. CWA-09-2022-0048 III. STATUTORY AND REGULATORY FRAMEWORK
6. CWA section 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA section 402, 33 U.S.C. § 1342.
7. CWA section 402, 33 U.S.C. § 1342, establishes the NPDES program and authorizes the EPA and authorized states to issue permits governing the discharge of pollutants from point sources into waters of the United States. Pursuant to CWA section 402(b), California is authorized to implement the NPDES program for waters within its jurisdiction pursuant to 33 U.S.C. 1342(a) and NPDES permits are issued by the State Water Resources Control Board or one of nine Regional Water Quality Control Boards. Cal. Water Code §13377.
8. CWA section 402(p), 33 U.S.C. § 1342(p) requires that NPDES permits be issued for stormwater discharges from municipal separate storm sewer systems (MS4s).
9. An MS4 is defined as “a conveyance or a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by a State, city, town, borough...or other public body….” 40 C.F.R. 122.26(b)(8).
10. The CWA defines “discharge of a pollutant” as “any addition of any pollutant to navigable waters from any point source” 33 U.S.C. §1362(12).
11. A “point source” is defined as ‘any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch channel…from which pollutants are or may be discharged.” 33 U.S.C. § 1362(14).
12. A “pollutant” is defined as dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. CWA section 502(6).
13. Discharges from Respondent’s MS4 are regulated by the Los Angeles County MS4 Permit.
14. The current MS4 Permit, Order R4-2021-0105 went into effect on September 11, 2021 (hereinafter 2021 Permit). The 2021 Permit modifies R4-2012-0175 (as amended by State Water Board Order WQ 2015- 2012) (hereinafter 2012 Permit) which was in effect from 2013 until the 2021 Permit took effect.
IV. FINDINGS OF FACT AND DETERMINATIONS OF LAW
15. Respondent, City of Montebello (Respondent, or City), is a municipality as defined by CWA section 502(4), 33 U.S.C. § 1362(4), and thus a person within the meaning of CWA section 502(5), 33 U.S.C. § 1362(5).
3 In Re City of Montebello; Docket No. CWA-09-2022-0048
16. At all times relevant to this action, Respondent owned and/or operated an MS4, including its storm drains and catch basins, pursuant to the definition in 40 C.F.R. § 122.26(b)(8).
17. The City’s storm drain outlet pipes are part of the City’s MS4 and are “point sources” within the meaning of CWA § 502(14), 33 U.S.C. § 1362(14).
18. Stormwater discharges from the City’s MS4 include trash. The State Water Resources Control Board (SWRCB) adopted the Trash Amendments or Trash Policy (also known as amendments to the Water Quality Control Plan for the Ocean Waters of California and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California). The SWRCB defines trash as “all improperly discarded solid material from any production, manufacturing, or processing operation including, but not limited to, products, product packaging, or containers constructed of plastic, steel, aluminum, glass, paper or other synthetic or natural materials. This definition includes smaller trash, such as preproduction plastics and other materials. Therefore, the stormwater discharges contain “pollutants,” as defined by CWA § 502(6), 33 U.S.C. § 1362(6).
19. The City’s MS4 discharges into the Rio Hondo River, a tributary to the Los Angeles River, which flows to the Pacific Ocean. The Rio Hondo River, the Los Angeles River, and the Pacific Ocean are “Waters of the United States” within the meaning of CWA § 502(7), 33 U.S.C. § 1362(7) and implementing regulations.
20. Respondent’s discharge of pollutants in stormwater into waters of the United States constitutes a “discharge of pollutants” within the meaning of CWA § 502(12), 33 U.S.C. § 1362(12).
21. Respondent was subject to the terms and conditions of the 2012 LA MS4 permit until the effective date of the 2021 permit and is now subject to the 2021 Permit.
22. The 2012 MS4 Permit required Permittees “to comply with the TMDL provisions in Part IV.E and Attachments L through R, which are consistent with the assumptions and requirements of the TMDL waste load allocations assigned to discharges from the Los Angeles County MS4.” (See Part II.K.1)
23. Waste load allocations (WLAs) for trash are expressed as progressively decreasing allowable amounts of trash discharges from a Permittee’s jurisdictional area within the drainage area to the impaired water body. The Trash TMDLs require each Permittee to make annual reductions of its discharge of trash over a set period, until the numeric target of zero trash discharged from the MS4 is achieved. The Trash TMDLs specify a specific formula for calculating and allocating annual reductions in trash discharges from each jurisdictional area within a watershed. The formula results in specified annual amounts of trash that may be discharged from each jurisdiction into the receiving waters. (See Part II.K.1)
24. The provisions of Part VI.E implement and are consistent with assumptions and requirements of all WLAs established in TMDLs for which some or all of the Permittees in this Order are responsible.
4 In Re City of Montebello; Docket No. CWA-09-2022-0048
25. Part VI.E.5 of the 2012 LA MS4 requires Permittees that are assigned a Waste Load Allocation (WLA) in a trash total maximum daily load (TMDL) to comply with interim and final water quality-based effluent limitations for trash.
26. The Permittees subject to each TMDL are identified in Attachment K. Attachment K Table K-5 identifies Montebello as being part of the Lost Angeles River Watershed Trash TMDL.
27. The Respondent is subject to effluent limitation requirements for the Los Angeles River trash TMDL contained in Attachment O of the 2012 LA MS4 Permit which requires 0% of trash discharged by 2016.
28. Part III.A of the 2021 LA MS4 Permit states that non-stormwater discharges are prohibited. “Each Permittee shall, for the portion of the MS4 for which it is an owner or operator, prohibit non-stormwater discharges through the MS4 to receiving waters.”
29. Part III.B of the 2021 Permit states that “the discharge of trash to surface waters of the State or the deposition of trash where it may be discharged into surface waters of the State is prohibited. Each Permittee shall comply with the appropriate Trash WQBELs as specified in Part IV.B.3 of this order.”
30. A Permittee is in compliance with interim WQBELS and receiving water limitations associated with a TMDL if the Permittee is implementing the requirements, including compliance schedules, outlined in part IV.B and Attachments K though S of this order applicable to the water body-pollutant combination(s) addressed by that TMDL. (See Part X.B.a.i)
31. Part IV.B.3.a states that the interim and final WQBELs for the Los Angeles River Watershed Trash TMDL is in Attachment Q.
32. Attachment Q states that Permittees shall comply with the water-quality based effluent limitation of zero trash discharged to the Los Angeles River and its tributaries as of the effective date of the Order and every water year thereafter.
33. The Los Angeles County Regional Board Issued a Notice of Violation (NOV) in April of 2019 for noncompliance with the TMDL for failing to comply with the reporting requirements and/or effluent limitations of the LA MS4 trash TMDL under the 2012 Permit.
Most notably, the City was not able to provide any justification that it met the final effluent limit of 100% reduction in discharged trash.
34. The Regional Board asked the City to submit by May 19, 2019, a technical report describing how and when the City will return to compliance with the final effluent limitation of a 100% reduction in trash discharged to the Los Angeles River.
35. The City responded that they would take a number of steps to achieve compliance by initiating capital improvement projects to install full capture trash excluders. The City set forth the following schedule: conducting a scoping study by July 30, 2019, completing a bid package for catch basin retrofit by August 15, 2019, awarding a contract for the retrofit by September 25, 2019, and having retrofit construction completed by June 30, 2020.
5 In Re City of Montebello; Docket No. CWA-09-2022-0048
36. From August 25 through October 29, 2020, inspectors from EPA, its contractor PG Environmental, and the Los Angeles Regional Water Quality Control Board (Inspection Team) conducted an offsite compliance monitoring audit of the City’s compliance with the 2012 Permit.
37. The compliance monitoring audit consisted of three parts: (a) a file review of annual reports, trash TMDL compliance reports, and enforcement documentation provided by the Regional Board; (b) video conference calls with the City’s Public Works Director and consultant to discuss basic MS4 program components as well as specific trash reduction and system maintenance efforts; and (c) Regional Board staff conducted a site visit to assess the condition of the storm drains and associated trash capture devices visible from the public rights of way.
38. The inspection report was provided to the City on January 25, 2021, and is attached hereto as Exhibit 1.
39. As described in more detail in Exhibit 1, the Inspection Team observed the following:
a. The City had not complied with the September 30, 2016 final water quality-based effluent limitations for trash set forth in the 2012 Permit, specifically VI.E.5. The City’s full capture (trash reduction) status was reported as 94 percent. The Trash TMDL permit provisions required the City to achieve zero trash (e.g., 100% trash capture) discharge by September 30, 2016;
b. The City had not completed all tasks listed in the Summary of Completion Dates included as part of its response to the April 2019 NOV issued by the Regional Board to address noncompliance with the Trash TMDL described above in Paragraph 23; c. Three catch basins in the City were not equipped with full trash capture systems, two of these three catch basins were not readily identifiable or included on the City’s catch basin inventory, and it was not clear that the City had plans to install trash capture systems for these catch basins; and
d. There was the potential for wash water from catch basin power washing activities to discharge to the MS4. The Nationwide Operations Manager stated that during power washing operations, the vacuum truck continuously applies suction to the bottom of the catch basin to collect wash water. He added that the catch basin’s drainpipe is not blocked during power washing activities. The Inspection Team noted multiple catch basins with vertical drainpipes in the floor of the catch basin (e.g., CB Nos. 147 and 163; refer to Appendix B of Exhibit 1, Pages 5 and 7, respectively). Vertical floor drains may not allow for complete capture of wash water by a vacuum truck during power washing activities.
40. By discharging stormwater and failing to comply with the Permit, Respondent has violated and continues to violate sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342.
6 In Re City of Montebello; Docket No. CWA-09-2022-0048 V. ORDER FOR COMPLIANCE ON CONSENT
Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the authority of section 309(a) of the CWA, 33 U.S.C. § 1319(a), IT IS HEREBY ORDERED and AGREED TO:
41. Within thirty (30) days of the effective date of this AOC, Respondent shall submit to EPA a complete inventory of all remaining catch basins that need full capture devices including:
a. All remaining catch basins that need retrofit to install full trash capture devices; b. All remaining catch basins that either have partial trash capture devices or no trash capture devices; and
c. Submit to EPA for approval a schedule to complete the installation of full trash capture devices on all catch basins identified in a. and b. above. The schedule shall require installation on or before October 1, 2022.
42. Upon approval of the schedule, install full trash capture devices on all catch basins as set forth in the schedule.
43. In the event the Respondent is unable to meet the October 1, 2022, deadline, they shall provide to EPA a corrective action plan that details why they cannot meet the deadline by September 1, 2022. The corrective action plan should also include a timeline for compliance not to exceed 6 months from approval of that corrective action plan.
VI. EPA REVIEW AND APPROVAL AUTHORITY
44. After review of any deliverable required to be submitted to EPA for approval to be made under this AOC:
a. EPA shall, unless otherwise specified:
1. Approve the submission in whole or in part;
2. Approve the submission upon specified conditions;
3. Disapprove the submission, in whole or in part, directing that the Respondent modify the submission; or
4. Any combination of 1., 2., or 3., above.
b. Following receipt of EPA’s approval or approval upon conditions, pursuant to Paragraph 44(a), above, Respondent shall take all approved actions in accordance with any conditions imposed by EPA within the approved schedule or time frame established by EPA, or as otherwise set forth in this AOC. c. Following receipt of EPA’s notice of disapproval pursuant to Paragraph 44(a), above, Defendant shall within twenty (20) days, or such other period specified by EPA, correct the deficiencies in such submission and resubmit the submission for approval.
Notwithstanding the receipt of the notice of disapproval pursuant to Paragraph 44(a), above, Respondent shall proceed, at the direction of EPA, to take any action required by any approved portion of the submission, within the scheduled approved time frame established by EPA, as long as such action is not precluded or rendered impracticable by the non-approved portion.
7 In Re City of Montebello; Docket No. CWA-09-2022-0048 d. All requirements, deadlines and schedules set forth in the submissions approved by EPA shall be enforceable under this AOC. In the event EPA modifies or approves modification of a submission required under this AOC, the modified submission shall be enforceable under this AOC.
VII. FINAL REPORT
45. Within thirty (30) calendar days after Respondent has fully completed and implemented the actions required by Part IV (Order for Compliance on Consent) of this AOC, Respondent shall submit for the EPA’s review and approval a final report (Final Report) that includes a description and timeline of all of actions which have been taken toward achieving compliance with this AOC and the CWA.
VIII. TERMINATION OF THE AOC
46. If the EPA determines that all the requirements of this AOC have been completed and implemented in accordance with this AOC, the EPA will provide notice to Respondent and this AOC shall be deemed terminated.
47. If the EPA determines that any requirement has not been completed and implemented in accordance with this AOC, the EPA will notify Respondent, provide a list of deficiencies, and require Respondent to modify its actions as appropriate to correct such deficiencies. If so required, EPA may also require Respondent to implement the modified requirement(s) and submit a modified Final Report.
IX. ACCESS TO SITE AND DATA
48. This Consent Order shall in no way limit or affect EPA’s authority to obtain information, and to enter, inspect, sample or monitor compliance under any law, permit, court order or agreement. Respondent shall use its best efforts to arrange for access by EPA or its authorized representatives for determining compliance with this Consent Order until termination of this Consent Order. For purposes of this Consent Order, EPA’s authorized representatives shall include all EPA employees and contractors, and such other persons as EPA may designate.
X. SUBMISSIONS AND RECORD RETENTION
49. Respondent shall submit all written communications, including progress reports, electronically. Respondent shall submit all required reports and plans to the EPA in an electronic format that allows them to be searchable by keywords. Respondent shall send all submittals to the following e-mail address. Submissions will be deemed made on the date they are sent electronically.
Lawrence Torres
[email protected]
Water Section II, Enforcement and Compliance Assurance Division United States Environmental Protection Agency, Region 9 75 Hawthorne Street, San Francisco, CA 94105
8 In Re City of Montebello; Docket No. CWA-09-2022-0048
50. All reports, notifications, documentation, and submittals required by this AOC shall be signed by a duly authorized representative of Respondent as specified by 40 C.F.R. § 122.22 and shall include the following statement:
“I certify under the penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
51. Respondent shall preserve and retain all records and documents now in its possession or control, or which come into its possession or control, that relate in any manner to the performance of the tasks in this AOC, until five (5) years after termination of this AOC.
Respondent shall also instruct its agents to preserve all documents, records, and information of whatever kind, nature or description relating to the performance of the tasks in this AOC.
XI. MODIFICATION
52. Any request for modification by Respondent shall include the reason(s) for the request and a timeline for completion. Modification of this AOC shall be in writing and shall take effect only upon approval by the EPA. Failure by Respondent to implement any modified requirement(s) shall be a violation of this AOC.
XII. GENERAL PROVISIONS
53. This AOC is binding on Respondent and its officials, officers, directors, partners, agents, employees, attorneys, successors, and assigns, and on all persons, independent contractors, consultants and contractors acting in concert with Respondent.
54. Respondent shall provide a copy of this AOC to any successor in interest to its control, operation, or any other interest in any portion of its MS4 at least thirty (30) calendar days prior to the transfer, and shall simultaneously notify the EPA in writing, via e-mail, that such notice has been given. Within fourteen (14) calendar days after the effective date of this AOC or the date of contracting, whichever is later, Respondent shall provide a copy of this AOC to all contractors and/or consultants to perform any of the work described in Part IV. Respondent shall condition the transfer of control, operation, or any other interest in any portion of its MS4 and any contract related to the performance of the work described in Part IV upon successful execution of this AOC.
55. This AOC is not and shall not be construed to be a permit under the CWA, nor shall it in any way relieve or affect Respondent’s obligations under the CWA, or any other applicable federal or state laws, regulations, and/or permits. Compliance with this AOC shall be no defense to any actions commenced pursuant to such applicable laws, regulations, or permits, nor does it constitute a release.
9 In Re City of Montebello; Docket No. CWA-09-2022-0048
56. This AOC shall in no way affect the rights of the EPA or the United States against any person not a party hereto.
57. This AOC shall in no way limit or affect the EPA’s authority to obtain information, and to enter, inspect, sample or monitor compliance under any law, permit, court order or agreement.
58. The provisions of this AOC shall be severable. If any provision is declared by a court of competent jurisdiction to be unenforceable, then the remaining provisions shall remain in full force and effect.
59. Respondent consents to and agrees not to contest the EPA’s authority or jurisdiction to issue and enforce this section 309(a) AOC. Respondent waives any and all remedies, claims for relief and otherwise available rights to judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Consent Order, including any right of judicial review under Chapter 7 of the Administrative Procedure Act, 5 U.S.C. §§ 701-706.
60. Failure to comply with the terms of this AOC may result in liability for statutory civil penalties under CWA section 309(d), 33 U.S.C. § 1319(d), as modified by 40 C.F.R. Part
19. Upon suit by the EPA, a United States District Court may impose such penalties if the court determines that Respondent has violated the CWA as described above and failed to comply with the terms of this AOC. In determining the amount of any penalty, the court will consider the seriousness of the violations, the economic benefit (if any) resulting from the violations, any history that Respondent may have of such violations, any good faith efforts that Respondent has made to comply with legal requirements, the economic impact a penalty may have upon Respondent, and such other matters as justice may require.
61. Issuance of this AOC is not an election by the EPA to forego any remedies available to it under the law, including without limit any administrative, civil or criminal action to seek penalties, fines, or other appropriate relief under the CWA. The EPA reserves all available legal and equitable rights and remedies to enforce any violations cited in this AOC, and the right to seek recovery of any costs and attorney fees incurred by the EPA in any actions against Respondent for noncompliance with this AOC.
62. In accordance with CWA § 309(a)(4), 33 U.S.C. § 1319(a)(4), the EPA will provide notice and a copy of this AOC to the State of California upon execution.
63. The undersigned signatory for Respondent certifies that they are authorized to execute this AOC and legally bind the Respondent.
XIII. EFFECTIVE DATE
64. This AOC shall become effective on the date it is signed by the EPA.
10 In Re City of Montebello; Docket No. CWA-09-2022-0048
FOR U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION 9
______/s/ _____________________________ _____________________ Amy C. Miller-Bowen, Director Date
Enforcement and Compliance Assurance Division
CITY OF MONTEBELLO
AGREEMENT NO. 4416
WITH THE EVIRONMENTAL PROTECTION AGENCY REGION 9 FOR THE ADMINITRATIVE ORDER ON CONSENT DOCKET NO. CWA-309(a)-09-26-05
Attachment C
Controlled by U.S. Environmental Protection Agency
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 9
In the matter of: ) DOCKET NO. CWA-309(a)-09-26-05
)
The City of Montebello ) ADMINISTRATIVE ORDER ON CONSENT )
)
Respondent. ) Proceeding under Section 309(a) of the Clean Water Act, 33 U.S.C. §1319(a)
I. INTRODUCTION AND JURISDICTION
1. This Administrative Order on Consent (AOC) is entered into voluntarily by the United States Environmental Protection Agency (EPA) and City of Montebello (Respondent).
2. Upon the effective date of this AOC, as defined in Section XII below, this AOC supersedes the previous AOC entered into by the Respondent and EPA which was effective on April 28, 2022 (2022 AOC).
3. This Order is issued under the authority vested in the Administrator by Section 309(a) of the Clean Water Act (CWA), 33 U.S.C. § 1319(a), which provides that, whenever the EPA finds that any person is in violation of inter alia, Sections 301(a) and 402, 33 U.S.C. §§ 1311(a) and 1342, the EPA may issue an order requiring such person to comply with the CWA, and shall specify a time for compliance that the EPA determines to be reasonable. This authority has been delegated to Regional Administrators and further delegated to the Director of the Enforcement and Compliance Assurance Division of the EPA, Region 9.
4. Upon execution of this AOC, the EPA will immediately notify the State of California of this action pursuant to Section 309(a)(4) of the CWA, 33 U.S.C. § 1319(a)(4).
5. The EPA and Respondent recognize that this AOC has been negotiated in good faith and that the actions undertaken by Respondent in accordance with this AOC do not constitute an admission of any liability. Respondent neither admits nor denies the specific factual allegations contained in Section IV of this AOC, except in any proceeding to implement or enforce this AOC. Respondent agrees to comply with and be bound by the terms of this AOC and agrees not to contest the basis or validity of this AOC or its terms.
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
2 II. APPLICABILITY
6. This AOC shall apply to and be binding on Respondent and its [heirs and] successors or other entities or persons otherwise bound by law. Unless the EPA otherwise consents in writing, (a) any change in ownership or corporate or other legal status of any Respondent, including any transfer of assets, or (b) any transfer of property at the site of the alleged violations or any property needed to implement the actions required by this AOC , does not alter any Respondent’s obligations under this AOC.
7. Respondent shall provide notice of this AOC to all employees, agents, contractors, subcontractors, and any person representing Respondent with respect to performance of the activities required by this AOC, and any property needed to implement the actions required by this AOC. Respondent is responsible for ensuring that such parties act in accordance with the terms of this AOC.
III. STATUTORY AND REGULATORY AUTHORITY
8. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), make it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
9. Section 402 of the CWA, 33 U.S.C. § 1342, establishes the NPDES program and authorizes the EPA and authorized states to issue permits governing the discharge of pollutants from point sources into waters of the United States. Pursuant to Section 402(b) of the CWA, 33 U.S.C. § 1342(b), California’s State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards are authorized to implement the NPDES program for waters within the jurisdiction of California.
10. CWA Section 402(p), 33 U.S.C. § 1342(p) requires NPDES permit authorization to discharge stormwater from municipal separate storm sewer systems (MS4s).
11. An MS4 is defined as, “a conveyance or a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, or storm drains) owned or operated by a State, city, town, borough…or other public body…” 40 C.F.R. § 122.26(b)(8).
12. The CWA defines “discharge of a pollutant” as “any addition of any pollutant to navigable waters from any point source” 33 U.S.C. § 1362(12).
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
3 13. A “point source” is defined as ‘any discernable, confined and discrete conveyance, including but not limited to, any pipe, ditch channel… from which pollutants are or may be discharged.” 33 § U.S.C. 1362(14).
14. A “pollutant” is defined as dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. § 1362(6).
15. The SWRCB defines trash as “all improperly discarded solid material from any production, manufacturing, or processing operation including, but not limited to, products, product packaging, or containers constructed of plastic, steel, aluminum, glass, paper or other synthetic or natural materials.”1 This definition includes smaller trash, such as preproduction plastics and other materials.
16. Discharges from Respondent’s MS4 are regulated by the Los Angeles County MS4 Permit. The current MS4 Permit, Order R4-2021-0105 went into effect on September 11, 2021, (hereinafter 2021 Permit). The 2021 Permit modifies R4-2012- 0175 (as amended by State Water Board Order WQ 2015-2012) (hereinafter 2012 Permit) which was in effect from 2013 until the 2021 Permit took effect.
17. Part IV A 2 of the permit addresses Water quality based effluent limitations. It states, “each permittee shall comply with applicable water quality-based effluent limitations (WQBELS) as set forth in Attachments K through S of the Order, pursuant to applicable compliance schedules.”
18. The Respondent is subject to effluent limitation requirements for the Los Angeles River Trash TMDL contained in attachment Q of the 2021 Permit which requires 0% of trash discharged.
19. Part IV B.3.b of the Permit states that Permittees may comply with the trash effluent limitations using any lawful means. This includes full capture systems, or a combination of institutional controls and partial capture devices, and full capture devices.
IV. FINDINGS OF FACT & DETERMINATIONS OF LAW
20. Respondent, City of Montebello (Respondent, or City) is a municipality as defined by Section 502(4) of the CWA, 33 U.S.C. § 1362(4), and thus a person within the meaning of Section 502(5) of the CWA, 33 U.S.C. § 1362(5).
1 See Trash Amendments at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.html
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
4 21. At all times relevant to this action, Respondent owned and/or operated an MS4, including its storm drains and catch basins.
22. The City’s storm drain outlet pipes are part of the City’s MS4 and are “point sources” within the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14).
23. Stormwater discharges from the City’s MS4 contain “pollutants,” as defined by CWA § 502(6), 33 U.S.C. § 1362(6), including trash, as that term is defined above.
24. The City’s MS4 discharges into the Rio Hondo River, a tributary to the Los Angeles River, which flows to the Pacific Ocean. The Rio Hondo River, the Los Angeles River, and the Pacific Ocean are “Waters of the United States” within the meaning of CWA § 502(7), 33 U.S.C. § 1362(7) and implementing regulations.
25. Respondent’s discharge of stormwater containing pollutants into waters of the United States constitutes a “discharge of pollutants” within the meaning of CWA § 502(12), 33 U.S.C. § 1362(12).
26. Respondent was subject to the terms and conditions of the 2012 Permit until the effective date of the 2021 Permit and is now subject to the 2021 Permit.
27. From August 25 through October 29, 2020, inspectors from EPA, its contractor PG Environmental, and the Regional Board (Inspection Team) conducted an offsite compliance monitoring audit of the City’s compliance with the 2012 Permit.
28. The compliance monitoring audit consisted of three parts: (a) a file review of annual reports, trash TMDL compliance reports, and enforcement documentation provided by the Regional Board; (b) video conference calls with the City’s Public Works Director and consultant to discuss basic MS4 program components as well as specific trash reduction and system maintenance efforts; and (c) Regional Board staff conducted a site visit to assess the condition of the storm drains and associated trash capture devices from the public rights of way.
29. The inspection report was provided to the City on January 25, 2021, and is attached hereto as Exhibit 1.
30. As described in more details in Exhibit 1, the Inspection Team observed that the City had not complied with the September 30, 2016 final water quality based effluent limitations for trash set forth in the 2012 Permit, specifically VI.E.5.
31. The Respondent and EPA entered into an AOC on April 28, 2022 (2022 AOC).
32. In Section V of the 2022 AOC, Respondent agreed to do the following to come into compliance with the 2021 Permit:
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
5 a. Provide EPA a complete inventory of all remaining catch basins that need full capture devices by May 31, 2022.
b. Submit to EPA for approval a schedule to complete the installation of full trash capture devices on all catch basins identified by the Respondent. The schedule shall require installation on or before October 1, 2022. c. Upon EPA’s approval of the above schedule, install full capture devices on all catch basins as set forth in the schedule.
33. On May 31, 2022, EPA received Respondent’s inventory of all remaining catch basins in need of retrofit. Respondent identified 164 catch basins, 86 owned by the County and 78 owned by the Respondent, City of Montebello.
34. Respondent never completed the upgrades to the 164 catch basins that it identified in the May 31, 2022 letter and that are necessary to comply with the 2021 Permit.
35. By discharging stormwater and failing to comply with the 2012 Permit and the 2021 Permit, Respondent has violated and continues to violate Sections 301(a) and 402 of the CWA, 33 U.S.C. 1311(a) and 1342.
36. From May 2023 to through October 2025 EPA held meetings with the Respondent and representatives of the Regional Board.
37. During that time Respondent inventoried its catch basins and produced a list of catch basins that need to be updated to full capture systems in order to comply with the 2021 Permit.
38. Now that those catch basins needing full capture updates have been identified Respondent has drafted a plan and timeline to execute updates for all of the listed basins.
V. ORDER AND AGREEMENT
39. Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the authority of Section 309(a) of the CWA, 33 U.S.C. § 1319(a), IT IS HEREBY ORDERED and AGREED that Respondent shall:
a. Implement the proposed plan titled, Montebello Catch Basin Retrofit and Reconstruction Project, which sets forth the schedule for planning, permitting and updating the catch basins which is attached hereto as Exhibit 2. b. Commencing one month after the Effective Date, and until Respondent has prepared the Final Report under Paragraph 43, Respondent shall submit written progress reports to the EPA via email on a monthly basis, or as otherwise directed in writing by the EPA. These reports must describe all significant
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
6 developments during the preceding reporting period, including the actions performed and any problems encountered, and the developments anticipated during the next reporting period, including whether Respondent is meeting the schedule of actions to be performed.
c. Unless otherwise directed by the EPA, Respondent, or its representatives, shall meet with the EPA at least once each quarter, at a mutually acceptable time, to discuss the status of plans, work, and other matters related to the compliance requirements of the AOC. Any party may request additional meetings to address time-sensitive matters or issues that may affect compliance obligations.
VI. REQUIREMENTS FOR DELIVERABLES AND COMMUNICATIONS
40. Specifications for Deliverables. Respondent shall submit all deliverables to the EPA in electronic form.
41. Unless otherwise directed by the EPA, Respondent shall submit all deliverables and other written communications to the following individuals at the following e-mail addresses:
Juliana Gomez
Enforcement and Compliance Assurance Division
[email protected]
Sarah Ferrif
Attorney Advisor
Office of Regional Counsel
[email protected]
Submissions will be deemed made on the date the submission is sent electronically.
42. All deliverables required by this AOC shall be signed by a duly authorized representative of Respondent consistent with by 40 C.F.R. § 122.22 and shall include the following statement:
"I certify under the penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
7 VII. FINAL REPORT AND TERMINATION
43. Within thirty (30) calendar days after Respondent has fully completed and implemented the actions required by Section V of this AOC, including completion of construction outlined in Exhibit 2 Respondent shall submit a final report (Final Report), that includes a description of all of actions which have been taken toward achieving compliance with this AOC and the CWA.
44. If the EPA determines, after review of the Final Report, that all of the requirements of this AOC have been completed and implemented in accordance with this AOC, the EPA will provide notice to Respondent, and this AOC shall be deemed terminated, except as provided for in Paragraph 46 (Documents and Information Management).
45. If the EPA determines that any requirement has not been completed and implemented in accordance with this AOC, the EPA will notify Respondent, provide a list of deficiencies, and require Respondent to modify its actions as appropriate to correct such deficiencies. If so required, Respondent shall implement the modified requirement(s) and submit a modified Final Report.
VIII. DOCUMENTS AND INFORMATION MANAGEMENT
46. Respondent shall preserve and retain all documents and information now in its possession or control, or which come into its possession or control, that relate in any manner to the performance of the tasks in this AOC, until five (5) years after termination of this AOC. Respondent shall also instruct its contractors and agents to preserve all documents and information of whatever kind, nature or description relating to the performance of the tasks in this AOC for five (5) years after termination of this AOC.
47. Confidential Business Information Claims. Respondent is entitled to claim that all or part of the information submitted to the EPA under this AOC is Confidential Business Information (“CBI”) that is covered by 40 C.F.R. § 2.203(b). Respondent shall segregate all information or parts thereof submitted under this AOC which they claim is CBI and label them as “claimed as confidential business information” or “claimed as CBI.” Information that a submitter properly labels in accordance with the preceding sentence will be afforded the protections specified in 40 C.F.R. part 2, subpart B. If the information is not properly labeled when it is submitted to the EPA, or if the EPA notifies the submitter that the information is not entitled to confidential treatment under the standards of 40 C.F.R. part 2, subpart B, the public may be given access to such information without further notice to the submitter.
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
8 IX. MODIFICATIONS
48. This AOC may be modified in writing by mutual agreement of the parties.
49. No informal advice, guidance, suggestion, or comment by the EPA or its representatives regarding any deliverable relieves Respondent of its obligation to obtain any written approval required by this AOC, or to comply with all requirements of this AOC, except as it is formally modified.
X. RESERVATION OF RIGHTS
50. This AOC is not a permit or modification of any existing permit issued pursuant to any federal, state, or local laws or regulations, and shall in no way relieve or affect Respondent’s obligations under any applicable federal, state or local laws, regulations, or permits.
51. This AOC shall in no way affect the rights of the EPA or the United States against any person not a party hereto.
52. This AOC shall in no way limit or affect the EPA’s authority to obtain information, and to enter, inspect, sample or monitor compliance under any law, permit, court order or agreement.
53. Issuance of this AOC is not an election by the EPA to forego any other remedies available to it under the law, including without limit, any administrative, civil or criminal action to seek penalties, fines, or other appropriate relief. In the event of noncompliance with this AOC, the EPA reserves the right to seek any and all remedies available under Section 309 of the CWA, 33 U.S.C. § 1319, as amended, for any violation cited in this AOC.
XI. ADDITIONAL TERMS
54. Waiver of Review. Respondent consents to and agrees not to contest the EPA's authority or jurisdiction to issue and enforce this AOC. Respondent waives any and all remedies, claims for relief and otherwise available rights to judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Order, including any right of judicial review under Chapter 7 of the Administrative Procedure Act, 5 U.S.C. §§ 701-706.
55. Failure to Comply. Failure to comply with the terms of this AOC may result in liability for statutory civil penalties under Section 309(d) of the CWA, 33 U.S.C. § 1319(d), as modified by 40 C.F.R. Part 19. Upon suit by the EPA, a United States District Court may impose such penalties if the court determines that Respondent
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
9 has violated the CW A as described above and failed to comply with the terms of this AOC. In determining the amount of any penalty the court will consider the seriousness of the violations, the economic benefit (if any) resulting from the violations, any history that Respondent may have of such violations, any good faith efforts that Respondent has made to comply with legal requirements, the economic impact a penalty may have upon Respondent, and such other matters as justice may require.
56. Headings. The headings in this AOC are for convenience of reference only and shall not affect interpretation of this AOC.
57. Severability. The provisions of this AOC shall be severable. If any provision is declared by a court of competent jurisdiction to be unenforceable, then the remaining provisions shall remain in full force and effect.
58. Signatory/Signatories. The undersigned signatory for Respondent certifies that he or she is authorized to execute this AOC and legally bind the Respondent. This AOC can be signed in counterparts.
59. CBI. By signing this AOC, Respondent acknowledges that this AOC does not contain any confidential business information (CBI) or waives any claim of CBI.
60. Costs. Each party shall bear its own attorney’s fees and costs.
XII. EFFECTIVE DATE
61. This AOC shall become effective on the date it is signed by the EPA.
IT IS SO AGREED AND ORDERED.
For the U.S. Environmental Protection Agency, Region 9:
___________________________
Amy C. Miller-Bowen, Director
Enforcement and Compliance Assurance Division
In re: City of Montebello
Docket No. CWA- 309(a)-09-26-05
10 For Respondent City of Montebello:
__________________________ __________________
Raul Alvarez, City Manager Date
City of Montebello
ID Task Name Start Finish
1 PHASE 1: Closeout Retrofit Work for 13 Catch Basins
+2 Already Retrofit
Thu 10/31/24 Thu 10/31/24
2 PHASE 1: Issue NTP to Bowman Wed 11/27/24 Wed 11/27/24 3 PHASE 1: Preliminary Engineering and Document
Research
Mon 12/2/24 Tue 12/10/24
4 PHASE 1: Prepare and Submit Specifications for City
Review
Wed 12/11/24 Wed 2/5/25
5 PHASE 1: Field Investigation and Inspections Mon 1/13/25 Tue 1/28/25 6 PHASE 1: City Review of Specifications Thu 2/6/25 Mon 2/10/25 7 PHASE 1: Prepare and Submit Final Specifications Tue 2/11/25 Thu 2/13/25 8 PHASE 1: City Council Meeting to Adopt Final Bid
Package and Proceed with Bid Advertisement
Wed 2/26/25 Wed 2/26/25
9 PHASE 1: Bidding Period Fri 2/28/25 Mon 3/24/25
10 PHASE 2: Preliminary Engineering and Topographic
Survey
Mon 3/17/25 Tue 7/1/25
11 PHASE 1: Award Contract Wed 4/9/25 Wed 4/9/25
12 PHASE 1: Submit for LA County Permit Thu 4/10/25 Fri 5/23/25 13 PHASE 1: LA County Review of Initial Submittal (11 CB) Mon 5/26/25 Mon 7/28/25 14 PHASE 2: Submittal 1 - Initial Plans and Hydraulic
Reports to LA County (41 Catch Basins)
Wed 7/2/25 Wed 11/26/25
15 PHASE 1: Respond to Comments and Resubmit to LA
County for Approval
Tue 7/29/25 Mon 8/4/25
16 PHASE 1: LA County Approval and Permit Issuance Tue 8/5/25 Tue 8/26/25 17 PHASE 1: Construction Wed 8/27/25 Fri 10/31/25
18 PHASE 2: Submittal 1 - LA County Review of
Complete Submittal
Thu 11/27/25 Mon 12/1/25
19 PHASE 2: Submittal 2 - Plans to LA County Tue 12/2/25 Wed 12/31/25 20 PHASE 2: Submittal 2 - LA County Review of
Resubmittal
Thu 1/1/26 Tue 1/20/26
21 PHASE 2: Submittal 3 - Plans to LA County Wed 1/21/26 Fri 2/13/26 22 PHASE 2: Submittal 3 - LA County Review of
Resubmittal
Mon 2/16/26 Tue 3/17/26
23 PHASE 2: Submittal 4 - Plans to LA County Wed 3/18/26 Tue 4/14/26 24 PHASE 2: Submittal 4 - LA County Review of
Resubmittal
Wed 4/15/26 Thu 5/14/26
25 PHASE 2: Submittal 5 - Plans to LA County Fri 5/15/26 Thu 6/11/26 26 PHASE 2: Submit Final Bid Package to City for Bid
Advertisement
Wed 7/22/26 Wed 7/22/26
27 PHASE 2: City Council Meeting to Adopt Final Bid
Package and Proceed with Bid Advertisement
Wed 8/26/26 Wed 8/26/26
28 PHASE 2: LA County Approval and Permit Issuance Fri 6/12/26 Thu 9/24/26 29 PHASE 2: City Council Meeting to Award Construction
Contract
Wed 10/28/26 Wed 10/28/26
30 PHASE 2: Construction Thu 10/29/26 Wed 5/12/27
31 PHASE 2: Project Closeout and Final Closing
Documents
Thu 5/13/27 Wed 6/9/27
10/31
11/27
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter Bowman, Phase I
LA County, Phase I
Contractor, Phase I
City of Montebello, Phase I
Bowman, Phase II
LA County, Phase II
Contractor, Phase II
City of Montebello, Phase II
Montebello Catch Basin Retrofit and Reconstruction Project
PHASE 1: Catch Basin Retrofit (26 Catch Basins)
PHASE 2: Catch Basin Reconstruction (41 Catch Basins)
Attachment D
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AUTHORIZE EXECUTION OF AGREEMENT NO. 4417 WITH THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY (LACMTA) TO ACCEPT PROPOSITION C FULFILLMENT
FUNDS FOR UNPROGRAMMED SURFACE TRANSPORTATION
PROGRAM-LOCAL (STP-L) IN THE AMOUNT OF $188,392
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a funding agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to receive Proposition C fulfillment funds for unprogrammed Surface Transporttion Program - Local (STP- L) in the amount of $188,392 and execute any subsequent agreements regarding this grant award; and
2. Find that the Lincoln Street Rehabilitation (Wilcox to 18th Street) Project (CP 946) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Approval of the recommended actions will allow the proposed project to be incorporated into the Fiscal Year 2026–27 Capital Improvement Program (CIP) Budget through the recognition and appropriation of $188,392 in Surface Transportation Program - Local (STP-L) Proposition C fulfillment funds. Approval of this action will provide a new source of funding for resurfacing improvements along Lincoln Avenue between Wilcox Avenue and 18th Street.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
BACKGROUND/DISCUSSION:
The Los Angeles County Metropolitan Transportation Authority (LACMTA) historically distributes approximately $31 million in Federal Surface Transportation Block Grant funds each year to Los Angeles County agencies through the Surface Transportation Program- Local (STP-L) program, using a population-based allocation method. In 2021 and 2022, the federal government issued Corrective Actions to Caltrans and the Southern California Association of Governments, determining that this population-based distribution did not comply with Surface Transportation Block Grant requirements.
The Corrective Action became effective on July 1, 2023, preventing local agencies from programming or accessing their remaining unprogrammed STP-L balances. On April 24, 2025, the Metro Board of Directors authorized the use of Proposition C funds to fulfill the City's unprogrammed STP-L balance. These funds will be used to improve the segment of Lincoln Avenue between Wilcox Avenue and 18th Street.
ENVIRONMENTAL:
The actions proposed herein are categorically exempt from the California Environmental Quality Act (CEQA) (Attachment B), pursuant to State CEQA Guidelines Section 15301 and there are no features that distinguish this Project from others in the exempt class; therefore, there are no unusual circumstances. Section 15301 exemption allows, in part, for minor alterations of existing public facilities involving negligible or no expansion of the use. This includes minor alterations to existing streets and sidewalks, such as transit improvements that do not create additional traffic lanes.
ANALYSIS:
N/A
SUMMARY:
Staff recommend City Council to determine that the Lincoln Street Rehabilitation (Wilcox to 18th Street) is categorically exempt from the California Environmental Quality Act (CEQA) (Attachment B) and authorize the City Manager to execute Agreement No. 4417 (Attachment A) and all subsequent agreements with the Los Angeles County Metropolitan Tranporation Authority (LACMTA) to receive Proposition C fulfillment funds for unprogrammed STP-L balance in the amount of $188,392.
ATTACHMENT(S)
1. Attachment A - Fulfillment Agreement for Unprogrammed STP-L
2. Attachment B - CEQA NOE
CITY OF MONTEBELLO
A GREEMENT NO. 4417
WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY (LACMTA) TO ACCEPT LACMTA PROPOSITION C FULFILLMENT
FUNDS FOR UNPROGRAMMED SURFACE TRANSPORTATION PROGRAM-LOCAL (STP-L) IN THE AMOUNT OF $ 188,392 FOR LINCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET) (CP 946)
Attachment A
Agreement Number 9200000000FUL28
1 FULFILLMENT AGREEMENT FOR UNPROGRAMMED SURFACE
TRANSPORTATION PROGRAM-LOCAL (STP-L)
This Fulfillment Agreement of Proposition C Funds ("AGREEMENT"), is made and entered into as of February 15, 2026, by and between the City of Montebello ("CITY") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
LACMTA had historically apportioned, on an annual basis, $31 million of Federal Surface Transportation Block Grant (STBG) funds to agencies in Los Angeles County based on population through the STP-L funding program.
WHEREAS, in 2021 and 2022, the federal government issued a Corrective Action to Caltrans and the Southern California Association of Governments (SCAG), respectively, finding that the practice of allocating STP-L by population was out of compliance with STBG requirements; and WHEREAS, on July 1, 2023, the Corrective Action took effect on the Federal Transportation Improvement Program (FTIP) and prevented agencies from programming and accessing their unprogrammed STP-L balance through the FTIP; and
WHEREAS, the LACMTA Board of Directors at its April 24, 2025, meeting, approved using Proposition C funds to fulfill $188,392 of unprogrammed STP-L balance for the City of Montebello; and
WHEREAS, eligible project activities must occur on or after the LACMTA Board of Directors April 24, 2025, approval date; and
NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and LACMTA, and of the promises contained herein, it is hereby agreed as follows:
AGREEMENT:
1. LACMTA hereby provides a fulfillment of $188,392 of Proposition C funds (the Montebello for use on eligible project(s), to be determined by LACMTA. This assignment shall be automatically effective upon full execution of this AGREEMENT without the necessity of the execution, delivery or recording of any further instrument whatsoever. Notwithstanding the foregoing, at LACMTA's request, CITY shall execute and deliver such documents and instruments as may be required to evidence such assignment of the Funds.
2. CITY must complete and submit an Automated Clearing House (ACH) form (Attachment A) through LACMTA's website to allow LACMTA to make disbursements electronically. Disbursements via ACH will be made at no cost to CITY. If electronic disbursements are not the preferred method of disbursement, CITY may request an
Agreement Number 9200000000FUL28
2 exception in writing.
3. CITY shall expend the Funds on eligible project(s), consistent with the Statement of Work, Schedule and Budget provided in Attachment B.
4. For the purposes of this AGREEMENT, the term "Eligible Project" shall mean the transportation activities described in the Proposition C Guidelines.
5. CITY must use the LACMTA Funds in the most cost-effective manner. If CITY intends to use a consultant or contractor to implement all or part of the Eligible Project, LACMTA requires that such activities be procured in accordance with CITY's contracting procedures and be consistent with State law as appropriate. CITY will also use the LACMTA Funds in the most cost-effective manner when the LACMTA Funds are used to pay "in-house" staff time. CITY staff or consultants with project oversight roles may not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going project monitoring and through any LACMTA interim and final audits.
6. CITY shall submit Quarterly Progress and Expenditure Reports (Attachment C) to LACMTA that cover all activities related to the project, including deliverables, milestones, and costs incurred. The reports are due to LACMTA one month after the close of each quarter on October 31, January 31, April 30, and July 31. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided.
7. LACMTA, and/or its designee, shall have the right to conduct audits of CITY's use of the LACMTA Funds, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits, and final audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). CITY's records shall include, without limitation, any supporting evidence deemed necessary by LACMTA to substantiate CITY's use of LACMTA Funds. These records must be retained by CITY for five years following CITY's last use of the LACMTA Funds. CITY shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this AGREEMENT. The eligibility of costs for CITY's own expenditures submitted to LACMTA for the Eligible Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87 (relocated to Title 2 in the Code of Federal Regulations, Subtitle A, Chapter II, part 225). The eligibility of costs for CITY's contractors, consultants, and suppliers expenditures submitted to LACMTA through CITY's Quarterly Progress and Expenditure Reports shall be in compliance with OMB Circular A-87 (as relocated) or Federal Acquisition Regulation (FAR) Subpart 31 (whichever is applicable). Findings of the LACMTA audit are final.
When LACMTA audit findings require CITY to return monies to LACMTA, CITY agrees to return the monies within thirty (30) days after the final audit is sent to CITY.
8. The terms of this AGREEMENT shall commence on the date that this AGREEMENT
Agreement Number 9200000000FUL28
3 is fully executed and shall terminate once CITY has expended all the LACMTA Funds and all LACMTA audit and reporting requirements have been satisfied.
9. CITY shall fully indemnify, defend and hold LACMTA and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or perso nal injury of any person, or for damages of any nature whatsoever arising out of (i) a breach of CITY's obligations under this AGREEMENT; or (ii) any act or omission of CITY or its officers, agents, employees, contractors, or subcontractors in the use of the LACMTA Funds.
10. LACMTA shall fully indemnify, defend and hold CITY and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or personal injury of any person, or for damages to or loss of risk of property, any environmental obligations, any legal fees and any claims for damages of any nature whatsoever arising out of (i) a breach of LACMTA's obligations under this AGREEMENT; or (ii) any act or omission of LACMTA or its officers, agents, employees, contractors, or subcontractors in the use of CITY's Funds.
11. This AGREEMENT may be amended or modified only by mutual written consent of LACMTA and CITY.
12. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:
CITY OF MONTEBELLO
Cesar Roldan
Director of Public Works
1600 W. Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
LACMTA
Mercedes Meneses
Principal Transportation Planner
Countywide Planning and Development
One Gateway Plaza (Mail Stop: 99-23-3)
Los Angeles, California 90012-2952
Email: [email protected]
13. This AGREEMENT shall be interpreted and governed by the laws of the State of California.
14. This AGREEMENT constitutes the entire understanding between the parties with respect to the subject matter herein.
Agreement Number 9200000000FUL28
4 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date stated below.
LOS ANGELES COUNTY CITY OF MONTEBELLO
METROPOLITAN TRANSPORTATION
AUTHORITY
By: By:
Stephanie Wiggins Raul Alvarez
Chief Executive Officer City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Dawyn R. Harrison Arnold Alvarez-Glasman
County Counsel City Attorney
By: By:
Deputy City Attorney
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I� ,_ ----- CITY OF MONTEBELLO
GENERAL ACCOUNT 1600 W BEVERLY BLVD
MONTEBELLO, CA 90640
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Agreement Number 9200000000FUL28 Attachment A
Agreement No. 9200000000FUL28
Attachment B
STATEMENT OF WORK
Project Title: CP-946 Lincoln Street Rehab (Wilcox to 18th Street) Project Description: Pavement resurfacing on the street segment located on Lincoln Avenue from Wilcox Avenue to 18th Street. Enhance non-compliant Americans with Disabilities Act (ADA) pedestrian ramps and striping in compliance with the California Manual on Uniform Traffic Control Devices (CAMUTCD).
Project Schedule:
Advertisement July 2026
Contract Award October 2026
Start Construction November 2026
Complete Construction March 2027
Project Funding:
Metro Prop C
(Fulfillment Funds)
$ 188,392
Total Project Cost: $188,392
Project Map:
Agreement No. 9200000000FUL28
A achment C
QUARTERLY PROGRESS REPORT
Project Title:
Report Date:
Submi ed by:
Submi ed for Fiscal Year:
Quarter: Jul-Sep ☐ Oct-Dec ☐ Jan-Mar ☐ Apr-Jun ☐
Project Budget:
Fulfillment Amount:
1. Project-to-Date Expenditure
% of Project Budget Expended to Date:
% of Project Comple on:
2. Milestones
Descrip on Start Date End Date
Environmental Clearance
Design Bid & Award
Design
Right-of-Way
Construc on Bid & Award
Construc on
3. List tasks or milestones accomplished and progress made this quarter.
4. If project is delayed, describe reasons for delay.
Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________
Project Applicant: ________________________________________________________________________
Project Location - Specific:
Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
/box2 Ministerial (Sec. 21080(b)(1); 15268);
/box2 Declared Emergency (Sec. 21080(b)(3); 15269(a));
/box2 Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); /box3 Categorical Exemption. State type and section number: ____________________________________ /box3 Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? /uniF020/box2 Yes /box2 No
Signature: ____________________________ Date: ______________ Title: _______________________ /box2 Signed by Lead Agency /box2 Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE SUBMISSION OF AN APPLICATION TO THE STATE OF
CALIFORNIA NATURAL RESOURCES AGENCY FOR THE URBAN
GREENING GRANT PROGRAM
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize staff to submit an application to the California Natural Resources Agency for the Urban Greening Grant Program to purchase trees; and
2. Authorize the City Manager to sign and execute all applicable documents associated with the submittal process; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
On November 5, 2024, California voters passed the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Proposition 4). The Climate Bond authorizes $10 billion in general obligation bond sales to fund projects to address climate change, protect communities and nature from its impacts, and improve the lives of Californians. Section 92530 of the Climate Bond directs funding to the California Natural Resources Agency (CNRA) for competitive urban greening grants for projects that mitigate the urban heat island effect, rising temperatures, and extreme heat impacts.
The minimum award amount is $200,000 and the maximum award amount is $5,000,000.
This is a competitive grant. Staff will seek $500,000 for the purchase, labor and equipment associated with planting trees. The cost to purchase and plant 15-gallon trees typically ranges from $575 to $1,000 per tree, depending on species, site conditions, and
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
labor. Even though the grant focuses on 15-gallon trees, staff will seek funding to plant 24-inch box trees. The appropriate justification will be the resilience of planting 24-inch box trees in lieu of 15-gallon. The cost to plant 24-inch box trees is between $1,800 and $2,500 per tree, depending on site and equipment needs. Common concerns are complex site locations, soil amendments, staking, and irrigation/drip lines.
The City will seek a proposal from the California Conservation Corps (CCC) to assist with planting trees. Projects that propose to use the services of the CCC or Certified Local Conservation Corps (LCCs) shall receive funding preference, in accordance with section 90150 of the Climate Bond.
BACKGROUND/DISCUSSION:
The Urban Greening Grant Program will fund projects that use nature-based solutions to mitigate the urban heat island effect, rising temperatures, and extreme heat impacts in urban areas. Nature-based solutions include all the ways land can be managed to boost the health and resilience of natural systems, helping them store carbon and protect against climate change impacts, including extreme heat. Nature-based solutions that address extreme heat impacts use natural cooling strategies to limit temperature increase and urban heat islands. Examples include planting trees that provide strategic shade that serve as places of refuge during heat waves.
Funding consideration for the purchasing of trees includes the following:
• California native species should be prioritized wherever suitable. • Species selection should also be informed by current and anticipated climatic conditions (e.g., temperature ranges, precipitation patterns, winds, etc.), community preferences, habitat provision, and natural and cultural heritage.
Species diversity reduces the risk of insect and disease spread, and therefore, applicants should strive for area/jurisdiction composition that does not exceed 10% of a single species or 20% of a single genus.
In addition, species selections should comply with the following general principles:
• Use of low water, drought-tolerant plantings that comply with the Model Water Efficient Landscape Ordinance (MWELO) or local agency landscape water ordinance (if as strict or stricter than the MWELO).
• Planting trees no larger than 15 gallons in size. Exceptions may be considered on a case-by-case basis. Applicants who advance to a Full Proposal and feel their project warrants larger tree sizes may include a justification in the required plant palette.
• Avoid planting any invasive species listed on the Cal-IPC Inventory.
Round 1 of the CNRA Urban Greening Program Concept Proposal submission deadline is June 4, 2026, at 5:00 PM PST.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend the City Council authorize submission of a grant application to the California Natural Resources Agency for the Urban Greening Grant Progam for the purchase of trees and authorize the City Manager to execute all applicable documents associated with the submittal process.
ATTACHMENT(S)
None
ITEM # 19
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3836 WITH
WEST COAST ARBORIST FOR CITYWIDE TREE GRID PRUNING,
TREE REMOVALS, TREE PLANTING, AND EMERGENCY SERVICES
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3836 between the City of Montebello and West Coast Arborists to add additional scope of work for the Part- Time Urban Forestry Program Advisor; and
2. Approve an amendment to the adopted Fiscal Year 2025-26 budget by increasing appropriations by $79,000 in Account No. 100-30-320-6040.15 (General Fund, Public Works, Trees, Contract Services - Tree Trimming); and
3. Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
West Coast Arborists (WCA) currently provides citywide tree grid pruning, tree removals, tree planting, and emergency tree services for the City. The current annual not-to-exceed amount for Fiscal Year 2025-26 is $557,865.
Staff request approval of Amendment No. 2 (Attachment A) to Agreement No. 3836, which would amend the scope of work to add Part-Time Urban Forestry Program Advisor services (Attachment B) for an annual not-to-exceed amount of $79,000. With the execution of this amendment, the total annual not-to-exceed amount for Agreement No. 3836 for Fiscal Year 2025-26 will increase to $636,865.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
The proposed agreement amendment will also require amending the adopted Fiscal Year 2025-26 budget by increasing appropriations by $79,000 in Account No. 100-30-320- 6040.15 (General Fund, Public Works, Trees, Contract Services - Tree Trimming). Agreement No. 3836 — per Amendment No. 1 — expires in October 2026.
BACKGROUND/DISCUSSION:
On October 14, 2020, the City entered into Agreement No. 3836 (Attachment D) with West Coast Arborists for citywide tree maintenance, tree removal, tree replacement, and emergency response services. Since that time, WCA has continued to provide responsive and satisfactory service to the City.
On September 24, 2025, the City Council approved Amendment No. 1 (Attachment C) to Agreement No. 3836, which extended the term of the agreement by one (1) year through October 14, 2026, and increased the annual not-to-exceed amount to address increased service demands.
As the City continues to expand and enhance its urban forestry initiatives, staff have identified the need for additional professional advisory support to assist with implementation of the City’s Urban Forest Management Plan (UFMP), community outreach efforts, urban forestry coordination, and long-term sustainability planning. To maintain continuity of services while minimizing impacts to daily Public Works operations, staff are recommending the addition of Part-Time Urban Forestry Program Advisor services through WCA.
Under the proposed amendment, WCA will provide a dedicated part-time advisor to support the City’s urban forestry programs in areas including urban forest planning, tree inventory and site evaluation, tree species selection, nursery stock quality review, community engagement, program oversight, grant and funding identification, and coordination with City staff. Services will also include assisting residents with tree-related concerns, supporting public education and outreach efforts, and providing recommendations to improve urban canopy coverage and species diversity throughout the City.
The proposed advisor will work a fixed part-time schedule of three days per week and will remain an employee of WCA. Services will be provided on an hourly basis with total annual compensation not-to-exceed $79,000. The role will remain strictly advisory and coordination-oriented in order to avoid any real or perceived conflict of interest.
Staff believe these additional services will provide valuable technical expertise and program support to further the City’s urban forestry goals and improve the overall effectiveness and sustainability of City tree programs.
ENVIRONMENTAL:
N/A
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
N/A
SUMMARY:
Staff recommend City Council approval of Amendment No. 2 (Attachment A) to Agreement No. 3836 with West Coast Arborists to add Part-Time Urban Forestry Program Advisor services for an annual not-to-exceed amount of $79,000, increasing the total annual not-to-exceed amount for Fiscal Year 2025-26 to $636,865. Staff also recommend amending the Fiscal Year 2025-26 budget by increasing appropriations by $79,000 in Account No. 100-30-320-6040.15 (General Fund, Public Works, Trees, Contract Services - Tree Trimming).and authorizing the City Manager to execute Amendment No. 2 on behalf of the City.
ATTACHMENT(S)
1. Attachment A - Amendment No. 2 to Agreement No. 3836
2. Attachment B - Proposal for PT Arborist Advisor 2026
3. Attachment C - Amendment No. 1 - West Coast Arborists, Inc. - Agr. No. 3836
4. Attachment D - West Coast Aborists, Inc 3836
CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3836
WITH WEST COAST ARBORIST, INC.
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 27th day of May 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation, (hereinafter referred to as the “City”) and WEST COAST ARBORIST, 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 A greement for tree maintenance, removal , and replacement services, citywide, dated October 14, 2020 (“Agreement”); and
WHEREAS, Section 2 provides the Parties may extend the Agreement for up to two (2) additional, one-year periods; and
WHEREAS, the City desires to extend the Agreement for one additional one-year period, and wishes to increase the compensation for this one- year period to an annual not-to-exceed amount of $636,865; and
WHEREAS, City staff have identified the need for additional professional advisory support to assist with implementation of the City’s Urban Forest Management Plan (UFMP).
WHEREAS, to address the need for additional professional advisory support to assist with implementation of the City ’s UFMP, community outreach efforts, urban forestry coordination, and long -term sustainability planning, the City requires the addition of a Part-Time Urban Forestry Program Advisor.
WHEREAS, for the reasons set forth herein, the City and Contractor desire to enter into this Amendment No. 2, 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:
AMENDMENT
SECTION 1. RECITALS. The foregoing recitals are true and correct, and incorporated by the Parties as a substantive part of this Amendment No. 2.
SECTION 2. SERVICES/COMPENSATION. Through this Amendment No. 2, the Parties hereby agree to amend Section 1(D) of the Agreement to increase the total not-to-exceed Attachment A
AMENDMENT NO. 2 TO AGREEMENT NO. 3836
compensation amount from Five Hundred Fifty -Seven Thousand Eight Hundred and Sixty-Five Dollars ($557,865.00) to Six Hundred Thirty-Six Thousand Eight Hundred and Sixty-Five Dollars ($636,865.00).
SECTION 3. SERVICES/COMPENSATION. Through this Amendment No. 2, the Parties hereby agree to amend Section 1(B) of the Agreement to incorporate the services listed in Contractor’s “Proposal for Part-Time Urban Forestry Program Advisor Services.”
SECTION 4. TERM. Through this Amendment No. 2, the Parties hereby agree to amend Section 2 of the Agreement to exercise the one- year extension of the Agreement term , hereby extending the expiration date from October 14, 2026, to December 31, 2027.
SECTION 5. INCORPORATION OF REMAINING TERMS. Except as expressly modified or supplemented by this Amendment No. 2 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.
[END OF AMENDMENT NO. 2 ]
[SIGNATURES ON THE FOLLOWING PAGES]
AMENDMENT NO. 2 TO AGREEMENT NO. 3836
IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO WEST COAST ARBORIST
Raul Alvarez, City Manager Patrick Mahoney, President
Dated: Dated:
ATTEST:
Kimberly Guillen
Director of City Clerk Services
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman
City Attorney
Attachment B
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3836
WITH WEST COAST ARBORIST, INC.
This Amendment No. 1 to the Professional Services Agreement No. 3836 (“Amendment No. 1”), is made and entered into this 24 th day of September, 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and WEST COST ARBORIST, 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. 3836 for tree maintenance, removal and replacement services, citywide, dated October 14, 2020 ("Agreement"); and
WHEREAS, Section 2 provides the Parties may extend the Agreement for up to two (2) additional, one-year periods; and
WHEREAS, the City desires to extend the Agreement for one additional one-year period, and wishes to increase the compensation for this one-year period of an additional 10%; and
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
SECTION 1. Services/Compensation. Section 1(D) of the Agreement is hereby amended in its entirety and replaced as follows:
“The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”) in an annual amount not-to- exceed Four Hundred Sixty Thousand Dollars and 00/100 Cents ($460,000.00).
CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. Cost of living adjustments may be requested by CONTRACTOR and negotiated by the Parties beginning July 1, 2022; provided that if granted by CITY, such adjustment shall not - exceed five percent (5%) per year thereafter. Beginning on the sixth year of the term, provided that if granted by CITY, such adjustment shall not -exceed an additional ten percent (10%) per year thereafter.”
Attachment C
AMENDMENT NO. 1 TO AGREEMENT NO. 3836
SECTION 2. Term. Section 2 of the Agreement is hereby amended in its entirety and replaced as follows:
“This Agreement shall commence upon issuance of a written “Notice to Proceed” by the CITY (“Effective Date”) and shall expire six years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1), additional one- year (1) term upon such terms and conditions mutually agreed upon by the Parties in writing.”
SECTION 3. INCORPORATION OF REMAINING TERMS. Except as expressly modified 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.
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 WEST COST ARBORIST, INC.
Raul Alvarez (Sep 30, 2025 17:16:23 PDT) Patrick Mahoney (Sep 30, 2025 16:38:36 PDT) Raul Alvarez, City Manager Patrick Mahoney, President
ATTEST:
Kimberly Guillen (Oct 2, 2025 14:01:45 PDT)
Kimberly Guillen, Director of City Clerk
Services
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman
Arnold M. Alvarez-Glasman (Oct 1, 2025 18:31:59 PDT)
Arnold M. Alvarez-Glasman, City Attorney
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
06/26/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Insurance Services West, Inc.
Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
CONTACT
NAME:
PHONE (866) 283-7122 (A/C. No. Ext):
FAX (800) 363-0105 (A/C. No.):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED
West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
INSURER A: Property & Casualty Ins Co of Hartford 34690 INSURER B: Hartford Fire Insurance Co. 19682
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570113701199 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
B X COMMERCIAL GENERAL LIABILITY 72ECSS89301
SIR applies per policy ter
07/01/2025
ms & condit
07/01/2026
ions
EACH OCCURRENCE $2,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person)
PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY X PRO- X LOC JECT
OTHER:
PRODUCTS - COMP/OP AGG $4,000,000
B AUTOMOBILE LIABILITY 72 CSE S89302 07/01/2025 07/01/2026 COMBINED SINGLE LIMIT (Ea accident) $2,000,000
BODILY INJURY ( Per person)
X ANY AUTO
BODILY INJURY (Per accident) OWNED
AUTOS ONLY
HIRED AUTOS
ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR / PARTNER / EXECUTIVE N OFFICER/MEMBER EXCLUDED? (Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
72WNS89300
Workers Comp AZ CA,TX
07/01/2025 07/01/2026 X PER STATUTE OTH- ER
E.L. EACH ACCIDENT $2,000,000
E.L. DISEASE-EA EMPLOYEE $2,000,000
E.L. DISEASE-POLICY LIMIT $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re:City of Montebello is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Montebello
1700 West Victoria Avenue
AUTHORIZED REPRESENTATIVE
Montebello CA 90640 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
7777777707070700077763616065553330772617446304557707552126663517301073740567057331120726154553067551307062005732325502075226331720763300750463713227231207764415534076570077727252025773110777777707000707007 6666666606060600062606466204446200622222424204022206000026062262002062202040422602200622202404006202206022224240062220062220062422420000602222624206200006202204042222402066646062240664440666666606000606006 Holder Identifier : Certificate No : 57011370119
POLICY NUMBER: 72 ECS S89301 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
CG 20 10 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
© Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: 72 ECS S89301 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(sJ
Location And Description Of Completed Operations
WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the
"products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
CG 20 37 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 1
Named Insured:
Endorsement Effective Date:
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II – Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section
I – Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
Created:
By:
Status:
2025-09-30
Samantha Leyva ([email protected])
Signed
Transaction ID:
CBJCHBCAABAAlqjgvS2mSXouG3jpLfVrSYHq48ATlcwE
Amendment No. 1 - West Coast Arborists, Inc. -
Agr. No. 3836
Final Audit Report 2025-10-02
"Amendment No. 1 - West Coast Arborists, Inc. - Agr. No. 3836" History
Document created by Samantha Leyva ([email protected]) 2025-09-30 - 8:22:19 PM GMT
Document emailed to Patrick Mahoney ([email protected]) for signature 2025-09-30 - 8:22:26 PM GMT
Email viewed by Patrick Mahoney ([email protected])
2025-09-30 - 11:38:19 PM GMT
Document e-signed by Patrick Mahoney ([email protected]) Signature Date: 2025-09-30 - 11:38:36 PM GMT - Time Source: server
Document emailed to Raul Alvarez ([email protected]) for signature 2025-09-30 - 11:38:38 PM GMT
Email viewed by Raul Alvarez ([email protected]) 2025-09-30 - 11:38:59 PM GMT
Document e-signed by Raul Alvarez ([email protected]) Signature Date: 2025-10-01 - 0:16:23 AM GMT - Time Source: server
Document emailed to Arnold M. Alvarez-Glasman ([email protected]) for signature 2025-10-01 - 0:16:25 AM GMT
Email viewed by Arnold M. Alvarez-Glasman ([email protected]) 2025-10-02 - 1:31:27 AM GMT
Document e-signed by Arnold M. Alvarez-Glasman ([email protected]) Signature Date: 2025-10-02 - 1:31:59 AM GMT - Time Source: server
Document emailed to Kimberly Guillen ([email protected]) for signature 2025-10-02 - 1:32:01 AM GMT
Email viewed by Kimberly Guillen ([email protected]) 2025-10-02 - 1:32:18 AM GMT
Document e-signed by Kimberly Guillen ([email protected]) Signature Date: 2025-10-02 - 9:01:45 PM GMT - Time Source: server
Agreement completed.
2025-10-02 - 9:01:45 PM GMT
Attachment D
ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4100 WITH STAR-DUST TOURS, INC.FOR CHARTER BUS SERVICES
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 4100 with Star-Dust Tours, Inc. for an additional one-year term and to increase the annual not-to-exceed amount to $110,000; and
2. Authorize the City Manager to execute Amendment No. 1 on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Star-Dust Tours, Inc. provides charter bus services for the Recreation and Community Service Department on an as-needed basis for various programs. Amendment No. 1 (Attachment A) to Agreement No. 4100 (Attachment B) with Star-Dust Tours, Inc. is proposed for an annual not-to-exceed amount of $110,000 for the current agreement term through June 30, 2026 and for the additional one-year term from July 1, 2026 to June 30, 2027. The cost for both terms is fully covered by special revenue/grant funding and sufficient funding is available in Fiscal Year 2025-26 and appropriations will be placed in the proposed FY 2026-27 budget in Account No. 210-70-710-6040.10 (Proposition A, Parks and Recreation, Recreation, Other Contract Services) and Account No. 265-70-741-6040.10 (Grants, Parks and Recreation, State of California Outdoor Equity Program, Other Contract Services). Therefore, no budget amendment is needed as part of the recommended actions.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
BACKGROUND/DISCUSSION:
On April 26, 2023 the City entered into an agreement with Star-Dust Tours, Inc. to provide charter bus services through June 30, 2026 as a result of Request for Proposals No. 23-
07. The agreement was for an initial three year term, with an option to extend the contract for two (2) additional one-year terms. The proposed Amendment No. 1 will be the first extension of Agreement No. 4100.
Star-Dust Tours, Inc. has demonstrated the desired ability, knowledge and experience to continue providing services for the City. The company provides charter bus services for the Recreation and Community Services Department and services include providing shuttle transportation for special event parking, senior trips, Rec N Go program trips, Montebello Outdoor Adventure program trips, and childcare field trips.
City Council is being asked to consider amending Agreement No. 4100 thereby extending the agreement with Star-Dust Tours, Inc. for an additional one (1) year term from July 1, 2026 to June 30, 2027 and increasing the annual not-to-exceed contract amount to $110,000 for both the current agreement term and the term extension.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The City Council will consider approval of Amendment No. 1 to Agreement No. 4100 with Star-Dust Tours, Inc. to provide charter bus services.
ATTACHMENT(S)
1. Attachment A - Amendment No. 1 to Agreement No. 4100
2. Attachment B - Agreement No. 4100
ATTACHMENT A
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4100
WITH STAR-DUST TOURS, INC.
This Amendment No. 1 to Professional Services Agreement No. 4100 (“Amendment No. 1”), is made and entered into this 27th day of May 2026, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Star-Dust Tours, Inc. (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS, the Consultant and the City entered into certain Agreement for charter bus services by and between the City of Montebello and Star-Dust Tours, Inc., dated April 26, 2023 ("Agreement"), pursuant to which City retained Consultant to provide charter bus services, as further described in the Agreement; and
WHEREAS, the City desires to increase the annual not -to-exceed amount of this Agreement; and
WHEREAS, the Parties being mutually satisfied with the other’s performance thereof, desire to amend the Agreement for the purpose of extending the term of the Agreement for an additional one (1) year term, specifically from July 1 , 2026 to June 30, 2027.
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
SECTION 2. Section 2(c) of the Agreement Services/Compensation is amended to read as follows:
c. Services/Compensation. The Con sultant shall be co mpensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The Consultant shall not incur fees or costs which exceed the Compensation without prior written consent of the City. The total annual not-to-exceed contract amount is One Hundred and Ten Thousand Dollars ($110,000) for Year 3 (July 1, 2025 to June 30, 2026) and Year 4 (July 1, 2026 to June 30, 2027) of the Agreement term.
AMENDMENT NO. 1 TO AGREEMENT NO. 4100
SECTION 3. Section 3(a) of the Agreement Term is amended to read as follows:
a. Term. The term of this Agreement shall be extended from July 1, 2026 to June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1), one -year extension upon such terms and conditions mutually agreed upon by the Parties writing.
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.
IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULANT”)
CITY OF MONTEBELLO STAR-DUST TOURS, INC.
Raul Alvarez, City Manager Frank Gonzalez Jr., Owner
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit B – Schedule of Compensation
1 STAR-DUST TOURS, INC.- Proposal for Transportation Services
Proposal For:
City of Montebello
Charter Bus Services
RFP No. 23-7
Submitted by: Frank Gonzalez Jr. (contact)
Ph: 562-254-0876
E-mail: [email protected]
520/528 S. Greenwood Ave.
Montebello, Ca 90640
Completed on: March 10th of 2023
2 STAR-DUST TOURS, INC.- Proposal for Transportation Services
Table of Contents
1. Cover Letter ………………………………………………………… ……………….. …….. 1
2. Experience………………………………………………………… … … … … … … … .……… .2
3. Assigned Company Personnel … … … … … … … … … … … … … … … … … … … … … ..2,3,4
4. Licensing / Certification / Usage Reports… … … … … … … … … … … … … … … ..5
5.Equipment to be used/Location… … … … … … … … … … … … … … … … … … … … … 5, 6
6. Vehicle Maintenance and Safety Program… … … … … … … … … … … … … … … 7,8
7. Program Elements……………………………………… ……………………… … … … … … 8,9
8. Terms of Payment…………………………………………………………………………. 9
9. Conflict of Interest Statement………………………… ……………………… … … ..9
3 STAR-DUST TOURS, INC.- Proposal for Transportation Services
1. Cover Letter
Star-Dust Tours, Inc.
520 S. Greenwood Ave. Montebello, Ca 90640
To Sir or Madam:
On behalf of our company, I thank you for giving us the opportunity to bid on this contract and potentially work with the City of Montebello and its residents.
Star-Dust Tours, Inc. has been in business since 2010 but its Vice President (Florencio Gonzalez) has been working in the bus transportation industry since 1988. We pride ourselves in providing a great experience and most of all safe service. Currently our fleet consists of just over sixty commercial vehicles. We believe what separates us from other companies in this industry is the personal service we always offer to those we work for. We are available by phone and e-mail 24 hours a day, seven days per week. We understand the importance of flexibility and are always aware that our customers come first. Eighty percent of our office staff have obtained a commercial license. This allows us to react quickly and solve problems if one way arise due to driver availability or last-minute requests. One hundred percent of our customers consist of schools (public and private) and city municipalities. After being in business for all these years we’ve come to realize that equipment cleanliness, punctuality and common courtesy towards our customers is what makes us successful in this industry. Keeping up with current times we’ve also implemented GPS and video monitor systems on our vehicles which create a more proficient and most importantly safer system for our company. We do understand it’s the relationship between our company and the vendor/customer that makes a great difference in the overall service provided. The only information we would expect the City of Montebello to provide during this contract are basic trip details and contact information for each individual service. Once given this information we can take care of the rest and carry out the great service expected of us. We thank you again for your time and consideration.
Sincerely,
Frank J. Gonzalez Jr.
Manager of Operations / President
1.
4 STAR-DUST TOURS, INC.- Proposal for Transportation Services
2. Experience
Frank Sr. (Vice President) started his first transportation company after working as a city transit bus operator for the City of Santa Monica (“Big Blue Bus” Lines) for over twelve years. After venturing on his own and gaining success in the industry for almost twelve years, Star-Dust Tours, Inc. was then established in November of 2010.
Over the years we’ve focused on providing our services for local school and city agencies. In the Last three years we’ve acquired contracts with over 30 schools (public and private) and six city municipalities. Almost ninety-five percent of our operations is conducted within Southern California.
3. Assigned Company Personnel
A. The following personnel listed will be dedicated to this contract (non-drivers):
1. Florencio Gonzalez Sr. - Owner/Lead Supervisor
Work Experience
Santa Monica Big Blue Bus
02/1986 - 03/2002
Hired on as a commercial transit driver and covered multiple routes. Handled all scheduling for any charter events booked with the city. Drove all charter trips reserved with the city.
Was lead driver for any special events.
All City Bus Lines
1996/ - 03/2010
Established and owned 1st commercial transportation company. Was awarded various city and school contracts.
Gained multiple shuttle contracts throughout the Los Angeles Area.
2.
5 STAR-DUST TOURS, INC.- Proposal for Transportation Services
2. Frank J. Gonzalez Jr. – Owner/Manager of Operations/Dispatcher Work Experience
All City Bus Lines
07/2005 – 02/2010
Reviewed and handled all office records and invoicing. Managed the supervision and dispatching for all drivers. Developed and implemented new marketing and sales plans. Managed all current and new acquired contracts.
Star-Dust Tours, Inc.
02/2010 – 01/2023
Supervise all drivers and office personnel.
Manage and supervise all acquired contracts.
Manage schedules, organize events, and oversee daily operations. Hire new drivers and personnel.
Lead dispatcher for all drivers
Education:
-St. John Bosco High School (Bellflower, Ca)
-Rio Hondo College (Whittier, Ca)
-Cal State Long Beach
3. Dean Gonzalez-Fleet Mechanic / Diesel Mechanic
Work Experience:
Motor Coach Industries (MCI)
08/2017 – 10/2019
Handled various maintenance orders.
Inspected commercial vehicles.
Star-Dust Tours, Inc.
11/2019 – Present Date
3.
6 STAR-DUST TOURS, INC.- Proposal for Transportation Services
Certificates:
Tech 3 Certification (MCI Academy)
Tech 2A Certification (MCI Academy)
Education:
UTI (Universal Technical Institute)- Emphasis on Diesel Mechanics 09/2017 – 07/2019
4. Frank Salas -Lead Diesel Mechanic / Diesel Technician Work Experience:
ABC Bus Company
05/2005 – 06/2007
Recovering and charging of R134 air conditioning systems Superior knowledge of VanHool bushings and kingpins.
Silver State Trailways, Placentia, Ca
06/2007 – 09/2011
Carry out inspections for all fleet vehicles
Supervise and train incoming technicians
SWP- Santa Fe Springs
12/2011 – 04/2019
Specialized on rebuilding of engines
Troubleshoot failures on engines, generators and service trucks.
4.
7 STAR-DUST TOURS, INC.- Proposal for Transportation Services
4. Licensing / certifications / Usage Reports
Upon request Star-Dust Tours will provide the city with all records and inspections required by local and state laws.
Daily and monthly inspection reports for each vehicle will remain available to the city upon request.
Star-Dust Tours is solely responsible for compliance with all legal requirements for operations of commercial vehicles.
Licensing and certifications for all drivers assigned to his contract will be provided to the school upon request.
All drivers will maintain proper licensing and certifications to operate company vehicles. Evidence of any documents and/or certifications will be available upon request and be provided.
5. Equipment to be used/ Location
For this contract we have a combination of school, charter and mini/shuttle buses that will be available to the city to carry out any transportation needs. The total number of commercial vehicles available for use in this contract is just over thirty-five units.
Age of buses/vehicles range from two to ten years of age. Buses are equipped with heating/cooling systems.
Travel time from our business to various locations in Montebello City varies from 5-10 minutes.
All vehicles assigned to this contract will be stationed at our main facility. Located at:
520/528. S. Greenwood Ave., Montebello, Ca 90640.
All commercial vehicles are certified by the California Highway Patrol and Public Utilities Commission for the State of California.
5.
8 STAR-DUST TOURS, INC.- Proposal for Transportation Services
Portable Commercial Vehicle Lifts:
We own and operate certified, portable commercial lifts in our maintenance facility located in Montebello, Ca. Mechanical lifts like these are standard for all city and school bus transportation departments. Special tools like these allow us to carry out our maintenance operations as thoroughly and efficiently as possible.
Outdoor Rated Spray Booth:
We carry out all paint and body work on site at our facilities in Montebello, Ca. We own and operate our own fully outdoor rated commercial spray booth. This allows us little down time when any vehicle requires repairs and regular upkeep. We operate our commercial body shop year-round and provide these services to other outside vendors as well.
6.
9 STAR-DUST TOURS, INC.- Proposal for Transportation Services
6. Vehicle Maintenance and Safety Program
Policy:
It is our policy to thoroughly service and maintain all equipment to provide safe, comfortable and reliable transportation.
Goals and Objectives:
The goals and objectives of our vehicle maintenance program are:
A. Maintain vehicles to promote the safety and comfort of passengers, operators, and protect the public.
Conduct regular pre-trip inspections to identify vehicle and equipment problems and assure vehicles are in good operating condition.
Conduct basic Preventive Maintenance service routines in a timely manner to identify vehicle problems and keep vehicle systems in good repair. Conduct vehicle repairs in a timely manner and in accordance with industry best practices.
Maintain a clean appearance for vehicles through regular interior and exterior cleaning.
B. Manage Preventive Maintenance and repair activities to promote the reliability of the service by minimizing service interruptions due to vehicle or equipment failure. Regularly inspect vehicles to identify and correct problems in to prevent service interruptions.
Schedule repairs promptly to minimize service interruptions. Utilize subcontractors as needed to perform specialized services and to supplement our own maintenance staff efforts.
Analyze repair, road call and tow data to identify trouble-prone components or systems for pro-active attention.
C. Maintain vehicles and equipment to promote cost-efficiency of operations. Maintain and repair vehicles to ensure their operation at peak efficiency, including fuel efficiency, emissions systems, etc.
Analyze fleet fuel usage and repair data; identify vehicles which may need remedial work or may need to be made inactive.
7.
10 STAR-DUST TOURS, INC.- Proposal for Transportation Services
- Maintain vehicles and related equipment to fulfill manufacturer’s warranty requirements and pursue warranty repairs where applicable; research and follow up on any applicable recalls or service bulletins.
Maintain vehicles to maximize the useful vehicle life, including the life of key components such as tires, brakes, batteries, etc.
Manage the maintenance program to be cost effective in terms of staff time, service vendors and parts and supplies costs.
D. Conduct vehicle operations, repairs, and cleaning in compliance with applicable local, state and federation regulations.
Ensure that shop equipment and maintenance procedures comply with applicable OSHA laws and regulations protecting the health and welfare of workers. Handle and dispose of fuels, lubricants, solvents, tires, and related materials in a safe and environmentally responsible manner.
Maintain vehicles to comply with relevant emission standards and other applicable regulations.
Conduct vehicle cleaning to comply with applicable wastewater and other relevant regulations.
Conduct maintenance and repairs in compliance with environmental standards and other relevant regulations.
7. Program Elements:
Pre-trip inspections.
Each vehicle will be inspected at the start of each shift by a driver trained in the procedure. A walk-around will be performed with a vehicle pre-trip checklist and any irregularities reported to the Mechanic before the vehicle leaves the lot.
Basic Service Routines
Per the recommendations of the chassis, bus body, and wheelchair lift manufacturers, and the additional recommendations of the SDT’s mechanic, a thorough preventive maintenance schedule will be established and followed for each vehicle. At or before the recommended mileage intervals, the SDT’s Mechanic will perform all the elements of maintenance due at that mileage.
8.
11 STAR-DUST TOURS, INC.- Proposal for Transportation Services
Vehicle Cleaning
Interior cleaning and sweeping of each in-service vehicle will be performed at the end of each shift by Special Mobility Services' driving staff. Vehicle exteriors will be washed on a weekly basis or more frequently, as needed.
Vehicle Repairs
The need for a vehicle repair may be discovered during a pre-trip inspection, preventive maintenance inspection, or breakdown. The Mechanic will determine warranty coverage for the system requiring attention, and if appropriate, pursue warranty repairs with the appropriate vendor, bus or chassis manufacturer, or authorized warranty outlet. The SDT’s Mechanic will determine whether the repair can be accomplished in-house, or because of the need for special diagnostic expertise or equipment, will be assigned to a subcontractor.
Documentation and Analysis
Vehicle condition will be regularly documented through pre-trip inspections and problems discovered on the road will be documented on a Vehicle Condition Report by the driver. In addition, all vehicle maintenance and repair activity and costs will be documented. Vehicle data will be organized for summary and analysis.
8.Terms of payment
A. Billing Schedule
Invoices for any provided services will be billed one week after services are completed.
B. Payment agreement
All invoices are agreed to be paid within 30 days once received from our office.
9. Conflict of Interest Statement
Star-Dust Tours, Inc. is currently in contract with the City of Montebello for the previous Charter Bus Services contract. Aside from having a current contract in place with the City, our company does not possess any financial, business, or other form of conflict of interest with the City of Montebello.
9.
ITEM # 21
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director of Transportation
SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS, NO. 26-15 FOR
DEMOLITION, ENVIRONMENTAL, REMEDIATION, SITE CLEARANCE
AND GRADING SERVICES
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve issuing Request for Proposals (RFP) No. 26-15 for Demolition, Environmental Remediation, Site Clearance, and Grading (DESG) Services; and
2. Take such additional, related, action as may be desirable.
FISCAL IMPACT:
There is no fiscal impact by issuing Requests for Proposals (RFP) No. 26-15 for Demolition, Environmental Remediation, Site Clearance, and Grading (DESG) Services (Attachment A). Once a vendor is selected for the award, the City Council may be requested to consider approving an agreement and amend the Transportation Department’s Fiscal Year 2026-27 adopted operating budget to appropriate funds necessary to execute the agreement. Therefore, a budget amendment is not needed at this time.
BACKGROUND/DISCUSSION:
The City of Montebello's Montebello Bus Lines (MBL) is soliciting proposals from qualified vendors to provide DESG Services for City-owned properties as follows:
• 860 Truck Way
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
• 1213 West Olympic Boulevard
• 1301 West Olympic Boulevard
The proposed project will consist of two phases:
• Environmental remediation and hazardous material abatement; and • Demolition and site clearance activities.
Phase 1 of the project will include the removal and lawful disposal of asbestos-containing materials (ACM), lead-based paint (LBP), and any other hazardous materials identified through environmental surveys or encountered during demolition operations. The contractor will also be responsible for all regulatory notifications, environmental monitoring, waste manifests, haul tickets, and closure documentation required by applicable agencies.
Phase 2 will include demolition and removal of all existing site improvements and materials, including buildings, foundations, paving, fencing, landscaping, abandoned utilities, miscellaneous structures, and related debris. Upon completion of demolition activities, the contractor will perform grading, soil compaction, and site stabilization activities necessary to leave the properties in a clean, level, safe, and environmentally compliant condition suitable for future municipal use and redevelopment.
The goal of RFP No. 26-15 is to solicit proposals from qualified contractors with demonstrated experience in environmental remediation, demolition, grading, hauling, and public works site preparation services. A competitive selection process will be utilized to evaluate proposals based on contractor qualifications, project experience, technical approach, project schedule, proposed personnel, and cost considerations. The selected contractor will be responsible for furnishing all labor, supervision, equipment, materials, permits, disposal services, environmental controls, traffic control, and incidentals necessary to complete the work in accordance with all applicable federal, state, county, and local environmental and regulatory requirements.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend the City Council approve issuing RFP No. 26-15, attached hereto in substantial form, for DESG Services; and direct staff to take such additional related action as may be desirable.
ATTACHMENT(S)
1. RFP No. 26-15
Montebello Bus Lines
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 26-15
DEMOLITION, ENVIRONMENTAL, REMEDIATION, SITE CLEARANCE,
AND GRADING SERVICES
May 28th, 2026
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
RFP No. 26-15
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 7
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS
9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-18 Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-24
SECTION 5 - QUALIFICATIONS 24-25
RFP No. 26-15
3 Montebello Bus Lines
SECTION 6 - FORM OF CONTRACT (SAMPLE) 25-35
SECTION 7 - FORMS AND CERTIFICATIONS 36-38
Letter of Transmittal
EXHIBITS 39
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Bidder’s List of Sub-vendor (DBE and Non- DBE) Exhibit F – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit G – Performance Guarantee Certification
Exhibit H – Performance Bond
Exhibit I – Irrevocable Standby Letter of Credit Certificate Exhibit J – Bank Draft
Exhibit K – Drug Free Workplace
Exhibit L – Compliance with 49 CFP Part 655
RFP No. 26-15
4 Montebello Bus Lines
INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), invites proposals from fully qualified and experienced vendors, licensed in the State of California, to provide comprehensive environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for City- owned properties located at:
860 Truck Way, Montebello, CA 90640
1213 W. Olympic Boulevard, Montebello, CA 90640
1301 W. Olympic Boulevard, Montebello, CA 90640
Services shall include, but not be limited to, hazardous material abatement, demolition of buildings and structures, removal of foundations and underground improvements, utility coordination and abandonment, hauling and lawful disposal of debris and hazardous materials, grading, dust control, environmental protection measures, and final site restoration. The Contractor shall ensure that all work is performed in a safe, efficient, and environmentally compliant manner while minimizing impacts to adjacent public facilities and surrounding properties.
All environmental remediation activities shall be completed in accordance with the requirements of the South Coast Air Quality Management District (SCAQMD), Environmental Protection Agency (EPA), California Occupational Safety and Health Administration (Cal/OSHA), Department of Toxic Substances Control (DTSC), and all other applicable regulatory agencies having jurisdiction. No demolition activities shall commence until all required hazardous material abatement and regulatory clearances have been completed.
The City operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 2.6 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective proposals received.
RFP No. 26-15
5 Montebello Bus Lines
DATE: May 28 th, 2026
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 26-15
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
DEMOLITION, ENVIRONMENTAL, REMEDIATION, SITE CLEARANCE, AND GRADING SERVICES The City of Montebello (“City”) is seeking proposals from fully qualified and experienced contractors, licensed in the State of California, to provide comprehensive environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for City-owned properties. The selected Contractor will serve as the City’s project partner, providing all labor, supervision, equipment, materials, transportation, environmental controls, disposal services, permitting, and related services necessary to complete the work in a safe, efficient, and environmentally compliant manner. The Contractor shall be responsible for coordinating hazardous material abatement, demolition operations, utility disconnections and abandonment, debris hauling and disposal, grading activities, dust control measures, and final site restoration in accordance with all applicable federal, state, county, and local regulations. The Contractor shall also coordinate with all applicable regulatory agencies, maintain required permits and documentation, provide ongoing project reporting, and ensure that all work complies with applicable safety, environmental, and public works standards throughout the duration of the project.
The term of the proposed agreement shall commence upon issuance of the Notice to Proceed and shall continue for three (3) months or until completion of all work and final acceptance by the City, whichever occurs later.
A Pre-Proposal Meeting will be held on Thursday, June 11 th, 2026. The meeting will convene at 3:00pm Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.
It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Robert Fierro
Title: Senior Management Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.1115
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing, as outlined below, will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the
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City will not be bound by any such comments or responses. Inquiries received via telephone or orally in- person will not receive a response.
Proposals must be received by 3:00pm Pacific Standard Time, on Thursday, July 2, 2026, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.
The City and MBL are committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on MBL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: John Soria
Title: Director of Transportation
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625, ext. 1315
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov
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TIMETABLE & SCHEDULE OF EVENTS (30-90 Days)
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday May 28, 2026
Pre-Proposal Meeting Thursday June 11, 2026, at 3:00 PM PST Deadline to Submit Questions Thursday June 18, 2026, at 3:00 PM PST Responses to Questions Provided Thursday June 25, 2026
Deadline to Submit Proposals Thursday July 2, 2026, at 3:00 PM PST Presentations & Intent to Award July/August 2026
PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 40
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
9 Bidder’s List of Sub-vendor(s) (DBE and Non-DBE) Exhibit E 10 Certification Regarding Debarment, Suspension…. Exhibit F 11 Performance Guarantee Certification Exhibit G
12 Performance Bond Exhibit H
13 Irrevocable Standby Letter Of Credit Certificate Exhibit I 14 Bank Draft Exhibit J
15 Certification of Drug-Free Workplace Exhibit K
16 Certificate of Compliance with 49 CFR Part 655 Exhibit L
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
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SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839)up to the hour of 3:00 p.m. on Thursday, July 2, 2026.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.
Proposals shall be typed, single-spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers’ references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.
All requests for exceptions or deviations because of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non-responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that
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may impact the proposal, (3) Proposer has reviewed all addenda, and (4) Proposer is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform themselves shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all the conditions, instructions, and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.
CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.
All questions, clarifications or comments must be submitted no later than 3:00 pm, Thursday, June 18, 2026. No questions will be answered individually by the City or Transportation Department.
Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.
Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.
Every attempt will be made to provide responses to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
DISCREPANCIES AND MISUNDERSTANDINGS
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Proposing companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No proposing company shall, at any time, after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the proposer’s implementation and performance.
PROPOSAL SIGNATURES
If an individual makes the proposal, it shall be signed, and the full name and address of the Proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by proposer in:
· Preparing the proposal in response to this request.
· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or
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· Any other expenses incurred by the Proposer prior to date of award.
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.
3. Accept all or any part of a proposal.
4. Cancel the entire RFP;
5. Issue subsequent RFPs; and/or
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.
The City shall not in any way be liable or responsible for the disclosure if required to do so by law.
JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub vendor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
COMPANY PERSONNEL
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It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required to perform the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall always conduct themselves in a professional manner to all City employees. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of contract. All sub-vendors of successful Proposer shall abide by all the requirements set forth in this section.
SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the protest does not comply with the preceding requirements, it may not be evaluated and may be returned to the protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.
TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related professional contract shall be necessarily
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delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful vendor (the “Vendor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Vendor and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to:
City of Montebello
Attn: Accounts Payable
1600 West Beverly Boulevard
Montebello, California 90640
Payment will be made within thirty (30) days after acceptance and approval of invoice.
Payment Schedule: Monthly
Provide One (1) invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.
Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Vendor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Vendor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to affect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Vendor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the Vendor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The vendor shall be liable for all costs incurred by MBL because of such default.
SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Vendor provide complete services of the type prescribed. Any items omitted from such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or
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called for in these specifications. No advantage shall be taken by the Vendor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
The City may negotiate contract terms with the selected Proposer prior to award and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.
POINT OF CONTACT
This RFP is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Montebello Transportation Department
Attention: Robert Fierro
Senior Management Analyst
400 South Taylor Ave.
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Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com.
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the Proposer can meet the insurance requirements in the RFP should be attached to proposal.
• Proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two- step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then present the cost and price proposals and evaluate and score them accordingly.
During the qualitative evaluation, the committee, at its sole discretion, may contact any or all the Proposers with specific questions or requests for clarification. After both the qualitative and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the
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deadline or chooses not to revise its proposal, its’ existing proposal will be rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
QUALITATIVE CONSIDERATIONS
The Proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work.
20 points
2 Proposed Project Team
Qualifications and experience of the Contractor’s management team, staff, and key personnel; comprehensiveness of the proposed work plan; and the team’s familiarity and experience with environmental remediation, demolition, grading, site clearance, and similar public works projects.
10 points
3 Qualifications and Experience
Demonstrated experience providing environmental remediation, demolition, grading, and site clearance services of similar size, scope, and complexity. Presentation of project experience and technical expertise most advantageous to the City. 15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 100
points
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SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Vendor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Vendor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, MBL and VENDOR/LESSOR agree that in case the item or equipment embraced in this Proposal shall not have been completed due to the failure of the VENDOR/LESSOR, MBL should recover said sum or sums of money, equal to the cost of engineering, inspection of work, and any additional and other expenses incurred from the VENDOR/LESSOR, from the surety or from both. The amount of these deductions shall be assessed as liquidated damages and are not to be considered penalties. For administrative purposes, $100 per-hour “not to exceed $1,200 per-day,” for every day beyond the specified date, as extended, shall be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above-mentioned method.
BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 5% of the bid price.
In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of ninety (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within ninety (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the PlanetBids Portal https://pbsystem.planetbids.com/portal/33072/portal-home.
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Performance Guarantee
A Performance Guarantee in the amount of 5% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.
The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Vendor to increase the amount of the existing bond or to obtain an additional bond.
If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor is in default under the Contract.
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SECTION 4 – SCOPE OF WORK
BACKGROUND
The City of Montebello (“City”) is seeking Proposals from qualified and reputable firms to provide comprehensive environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for City-owned properties. The selected Contractor shall be responsible for delivering safe, efficient, and environmentally compliant services capable of meeting the City’s operational requirements, regulatory obligations, project schedule, and redevelopment objectives. The contract term shall commence upon issuance of the Notice to Proceed and shall continue through completion of all work and final acceptance by the City.
SCOPE OF WORK
The Scope of Work entails providing comprehensive environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for the City. In accordance with this Request for Proposals (“RFP”), the services shall include, but not be limited to, the following:
Demolition, Environmental Remediation, Site Clearance, and Grading Services
The City of Montebello (“City”) is soliciting proposals from qualified contractors to provide complete environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for the following City-owned properties:
• 860 Truck Way
• 1213 W. Olympic Boulevard
• 1301 W. Olympic Boulevard
The Contractor shall furnish all labor, supervision, tools, materials, equipment, transportation, permits, disposal services, environmental controls, traffic control, and incidentals necessary to complete the work in accordance with all applicable federal, state, county, and local regulations.
PROJECT PHASING
The work shall be completed in two (2) phases under one (1) mobilization unless otherwise approved by the City.
PHASE 1 – ENVIRONMENTAL REMEDIATION
The qualified Contractor shall remove and lawfully dispose of all asbestos-containing materials (ACM), lead-based paint (LBP), and any other hazardous materials identified in environmental surveys, hazardous material assessments, or encountered during demolition operations.
The Contractor shall:
• Perform all required notifications and regulatory coordination; • Submit all waste manifests, haul tickets, clearances, air monitoring reports, commissioning reports, and closure packages;
• Provide all required environmental documentation to the City upon project completion.
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All remediation work shall comply with:
• South Coast Air Quality Management District (SCAQMD), • Environmental Protection Agency (EPA),
• California Occupational Safety and Health Administration (Cal/OSHA), • Department of Toxic Substances Control (DTSC),
• and all applicable city, county, state and federal regulatory agencies.
No demolition work shall commence until all required hazardous material abatement and clearances have been completed.
PHASE 2 – DEMOLITION AND SITE CLEARANCE
The Contractor shall remove and dispose of all existing site improvements and materials as shown in the contract documents and as necessary to fully clear the properties.
Work shall include, but not be limited to, the removal of:
• Buildings and structures
• Foundations
• Footings and its entirety
• Slabs-on-grade
• Retaining walls
• Chain link fencing and gates
• Bollards
• Concrete and asphalt paving
• Concrete patios and walkways
• Irrigation systems
• Utility lines and abandoned underground utilities
• Outbuildings and miscellaneous structures
• Trees, shrubs, bushes, and landscaping within the property boundaries • Miscellaneous debris and abandoned materials
Unless otherwise directed by the City, all underground improvements and utilities shall be removed to a minimum depth of three (3) feet below finished grade.
Public sidewalks, curbs, gutters, and adjacent public improvements shall remain and shall be protected during demolition activities. Any damage caused by the Contractor shall be repaired or replaced at no additional cost to the City.
The Contractor shall maintain continuous dust control and environmental protection measures throughout demolition operations.
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UTILITIES
All existing utilities are anticipated to be disconnected prior to demolition; however, the Contractor shall verify and coordinate disconnection, capping, or protection of all utilities prior to commencement of demolition activities. No demolition shall begin until utilities are properly identified and addressed.
The Contractor shall coordinate with all utility providers and shall properly cap, plug, remove, or abandon all utility services in accordance with agency standards and permit requirements.
Utilities may include, but are not limited to:
• Water
• Sewer
• Storm drain
• Electrical
• Natural gas
• Telephone
• Fiber optic and communication lines
The Contractor shall contact Underground Service Alert (USA/DigAlert) a minimum of forty-eight (48) hours prior to any excavation activities and shall comply with all utility marking requirements.
GRADING
Upon completion of demolition activities, the Contractor shall perform all grading necessary to leave the sites in a clean, level, compacted, and safe condition suitable for future development.
Grading work shall include:
• Backfill of excavations and voids,
• Moisture conditioning,
• Soil compaction,
• Rough grading,
• Import or export of soil, as necessary,
• Removal of excess material from the site,
• Establishment of positive drainage.
•
All grading operations shall comply with applicable City standards and geotechnical requirements.
DUST CONTROL AND ENVIRONMENTAL PROTECTION
The Contractor shall be responsible for implementing all necessary dust control and environmental protection measures throughout the duration of the project.
Dust control measures shall include, but not be limited to:
• Water spraying,
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• Dust suppression equipment,
• Covering haul trucks,
• Street sweeping,
• Airborne particulate control.
• Track-out control
•
No visible dust generated by project activities shall migrate beyond the project boundaries. Contractor shall comply with all applicable South Coast Air Quality Management District (SCAQMD) requirements and shall take immediate corrective action if dust emissions become visible offsite.
The Contractor shall also implement:
• Stormwater pollution prevention measures,
• Spill containment procedures,
• Erosion control measures,
• Noise mitigation practices.
PERMITS AND REGULATORY REQUIREMENTS
The Contractor shall obtain and pay for all permits, inspections, notifications, and regulatory approvals required to complete the work.
Required permits may include:
• Demolition permits,
• Encroachment permits,
• Hauling permits,
• AQMD permits and notifications,
• Traffic control permits,
• Environmental permits.
• DigAlert/Underground Services Alert notifications
The Contractor shall comply with all applicable requirements of:
• City of Montebello,
• California Building Code,
• Cal/OSHA,
• AQMD,
• EPA,
• DTSC,
• California Public Contract Code,
• and all other governing agencies having jurisdiction.
INSPECTIONS
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All work shall be subject to inspection by the City and applicable regulatory agencies.
The Contractor shall coordinate all required inspections and provide sufficient notice prior to inspection requests.
Any overtime inspections, re-inspections, or additional inspection costs resulting from failed work or scheduling outside normal business hours shall be the responsibility of the Contractor unless otherwise authorized by the City.
WASTE HAULING AND DISPOSAL
The Contractor shall legally transport and dispose of all demolition debris, hazardous waste, recyclable materials, and excess soils generated by the project.
The Contractor shall:
• Utilize licensed disposal and recycling facilities,
• Maintain all disposal manifests and weight tickets,
• Maximize recycling and diversion efforts,
• Prevent debris from spilling during transport.
No onsite burial or burning of debris shall be permitted.
TIME OF COMPLETION
The Contractor shall complete all work in every detail within the number of calendar days established in the Notice to Proceed.
The Contractor shall submit a detailed project schedule within ten (10) working days following contract award.
Failure to complete the work within the specified contract duration may result in the assessment of liquidated damages in accordance with the contract documents and applicable provisions of the California Public Contract Code.
HAZARDOUS CONDITIONS
Pursuant to California Public Contract Code Section 7104, if the Contractor encounters hazardous waste, concealed conditions, contaminated soils, unknown subsurface conditions, or unusual physical conditions differing materially from those ordinarily encountered, the Contractor shall immediately stop work in the affected area and notify the City in writing prior to disturbing the condition.
FINAL SITE CONDITION
Upon completion of all work, each property shall be left:
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• free of debris,
• properly graded,
• environmentally compliant,
• secure,
• and suitable for future municipal use and redevelopment. • Temporary fencing and privacy screens
All temporary fencing, equipment, construction materials, and temporary facilities shall be removed from the sites prior to final acceptance by the City(unless otherwise instructed by MBL).
SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe any experience in similar projects, particularly in the transit and public sector environments. The Vendor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Vendor will state and identify its involvement with other clients for both past and present projects. The Vendor will state the client’s name, and references for similar projects, particularly those conducted for public transit and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity.
The Vendor’s involvement and responsibility should be defined for each project. • Identify any sub-vendors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major sub vendors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non-compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
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D. The firm must have a minimum of five (5) years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
DEMOLITION, ENVIRONMENTAL, REMEDIATION, SITE CLEARANCE, AND GRADING
SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2026, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional Contractor to provide environmental remediation, demolition, utility abandonment, grading, hauling, and site clearance services for City- owned properties to support future municipal use and redevelopment; and
WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, VENDOR responded to CITY’s Request for Proposals dated XXXX XX th, 2026 (RFP No. [26-XX]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Vendor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. XX-XX, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. XX-XX dated ……………., 2026, attached hereto as Exhibit “B”.
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d. VENDOR’S “Best and Final Offer” to RFP No. XX-XX dated ……………., 2026, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
SECTION 2. SERVICES / COMPENSATION.
A. VENDOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. VENDOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. VENDOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by VENDOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at VENDOR's discretion.
SECTION 3. TERM.
This Agreement shall commence upon issuance of the Notice to Proceed and shall remain in effect until completion of all work and final acceptance by the City.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience
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and talent, perform all tasks described herein.
B. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.
C. VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
A. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub-vendors to assist in the completion of services as herein defined. Compensation for additional individuals, Vendors, or sub-vendors shall be the sole and exclusive responsibility of the VENDOR.
E. VENDOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, VENDOR shall make all records, invoices, timecards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by VENDOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by VENDOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates VENDOR for such reuse.
SECTION 5. WORK PRODUCT.
A. VENDOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. VENDOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in VENDOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold VENDOR, its sub-vendors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the VENDOR be liable for any loss of use, profit or any other damage.
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SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to VENDOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
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SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by VENDOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to VENDOR in the event of any default or breach by CITY, or for any amount which may become due to VENDOR.
SECTION 11. INDEPENDENT VENDOR.
A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub-vendors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-vendors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that VENDOR or any employee, agent, or sub-vendor of VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-vendors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub-vendors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
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VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of VENDOR to comply with this section.
SECTION 14. INDEMNIFICATION.
VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of VENDOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, VENDOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent vendors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. (Subject to change)
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage. (Subject to change)
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. VENDOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by VENDOR for CITY and to require each of its sub-vendors, if any, to do likewise under their workers’ compensation insurance policies. (Subject to change)
By executing this Agreement, VENDOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
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Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work. (Subject to change)
If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
VENDOR shall require each of its sub-vendors, if any, to maintain insurance coverage that meets all requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days for non-payment) prior written notice. VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at VENDOR’S expense, the premium thereon.
At all times during the Term of this Agreement, VENDOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
VENDOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of VENDOR’s insurance
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and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR and VENDOR’s employees, agents or sub-vendors, from waiving the right of subrogation prior to a loss.
VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of VENDOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
VENDOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-vendor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-vendors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in
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such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
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F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, VENDOR shall not discriminate against any employee, sub- vendor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. VENDOR will take affirmative action to ensure that sub-vendor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
VENDOR and its officers, employees, associates and sub-vendors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.
VENDOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, VENDOR shall avoid the appearance of having any interest that would conflict in any
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manner with the performance of its services pursuant to this Agreement.
VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by VENDOR. VENDOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 26-15
Demolition, Environmental, Remediation, Site Clearance, and Grading Services In response to the subject Request for Proposal (“RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor shall only proceed with the work upon receipt of a Notice to Proceed.
The proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
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The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
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(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Vendor’s License No.
Expiration Date:
License Classification:
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EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.26-15, Demolition, Environmental, Remediation, Site Clearance, and Grading Services
Indemnitor(s):
(List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, sub vendors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 26-15 Demolition, Environmental, Remediation, Site Clearance, and Grading Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________Name: ________________________ (Print) (Print)
By: _________________________________________________By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________Title: _______________________________________
Date: ________________________________________________Date: ________________________________________
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EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
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Description of Work:
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EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit. (Subject to change)
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person. (Subject to change)
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. (Subject to change)
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement. (Subject to change)
E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail,
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return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
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EXHIBIT D
RFP No. 26-15
Demolition, Environmental, Remediation, Site Clearance, and Grading Services
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Vendor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.
List other costs/fees:
: Description Cost/Fees
Quantity Description of Work Cost of Needs
Lump sum Demolition, Environmental, Remediation, Site
Clearance, and Grading Services $
$
$
$
$
$
$
TOTAL $
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Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
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EXHIBIT E
Bidder’s List of Sub-vendors (DBE and Non-DBE)
Part I
The bidder shall list all sub-vendors (both DBE and non-DBE) in accordance with Section 2-1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Sub-vendors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
< $1 million YES Name
< $5 million NO
Phone
< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax
< $1 million YES Name
< $5 million NO
Phone
< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax
< $1 million YES Name
< $5 million NO
Phone
< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax
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Part II
The bidder shall list all sub-vendors who provided a quote or bid but were not selected to participate as a sub-vendor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
< $1 million YES Name
< $5 million NO
Phone
< $10 million If YES list DBE
#:
Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
< $1 million YES Name
< $5 million NO
Phone
< $10 million If YES list DBE
#:
Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
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EXHIBIT F
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
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EXHIBIT G
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Vendor’s Name:
Authorized Signature:
Title:
Date:
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EXHIBIT H
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Vendor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Vendor under the Contract and any amendments thereto, less the amount properly paid by the City to Vendor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
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Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
RFP No. 26-15
Montebello Bus Lines
EXHIBIT I
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
RFP No. 26-15
Montebello Bus Lines
EXHIBIT J
BANK DRAFT
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
Montebello Bus Lines
EXHIBIT K
Certification of Drug-Free Workplace
I,__________________________________, hereby certify on behalf of (Name of authorized official)
______________________________________that:
(Name of company)
The VENDOR named above, and all Sub-Vendors working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug-free workplace. The VENDOR and all Sub- Vendors will, therefore:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace.
2. The firm’s policy of maintaining a drug-free workplace.
3. Any available counseling, rehabilitation, and employee assistance programs and,
4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.
Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
1. Will receive a copy of the firm’s drug-free policy statement, and:
2. Will agree to abide by the terms of the firm’s statement as a condition of employment on the contract.
Certification
I, ___________________________________, hereby certify that the above named company, which I am duly authorized to represent, will comply with the Drug-Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.
Executed this_________ day of___________, 20________
By_____________________________________________
(Signature of Authorize Official)
_______________________________________________
(Title of Authorized Official)
Bidder________________________________________________________________________
RFP No. 26-15
Montebello Bus Lines
EXHIBIT L
Certificate of Compliance with 49 CFR Part 655
Prevention Of Alcohol Misuse and Prohibited Drug Use in Transit Operations Bider hereby certifies that
A. Anti-drug Use and Alcohol Misuse Program
(Choose one Alternative with an X in the box)
☐1. Bidder/Proposer has established and implemented an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655.
Or
☐2. Bidder/Proposer will establish and implement an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655 prior to contract award.
B. Drug and Alcohol Testing Program
(Choose on alternative with an X in the box)
☐1. To the best of my knowledge and belief the Work required under the Contract will not require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655.
Or
☐2. To the best of my knowledge and belief the Work required under the Contract will require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655. (If Alternative 2 was chosen, select one of the following alternatives with an X in the box) ☐a. Bidder/Proposer has established and implemented a drug and alcohol testing program that complies with 49 CFR Part 655.
☐b. Bidder Proposer will establish and implement a drug and alcohol testing program that will comply with 49 CFR Part 655 prior to contract award.
C. Certification
Bidder will submit its Anti-drug Use and Alcohol Misuse Program, and, if B.2 was marked above, its Drug and Alcohol Testing Program, to City of Montebello- Department of Transportation for review and approval prior to contract award.
Bidder/Proposer: ______________________________________________________________
Authorized Representative:_______________________________________________________________
Signature of Authorized
Representative:_______________________________________________________________
Title:____________________________________Date:________________________________
RFP No. 26-15
Montebello Bus Lines
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
ITEM # 22
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director of Transportation
SUBJECT: APPROVE INCREASES TO THE NOT-TO-EXCEED AMOUNTS ON
BLANKET PURCHASE ORDERS FOR CUMMINS PACIFIC LLC,
INLAND KENWORTH INC, MUNCIE RECLAMATION AND SUPPLY
COMPANY, RUSH TRUCK CENTERS OF CALIFORNIA INC, AND
ZUTRA WATER CORPORATION
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve increasing the total not-to-exceed (NTE) amount, from $127,320 to $177,320, on the Blanket Purchase Order with Cummins Pacific, LLC (Cummins Pacific), to purchase maintenance-related bus parts, for Fiscal Year 2025-26; and
2. Approve increasing the total NTE amount, from $100,000 to $150,000, on the Blanket Purchase Order with Inland Kenworth, Inc. (Inland Kenworth), to purchase maintenance-related bus parts, for FY 2025-26; and
3. Approve increasing the total NTE amount, from $100,000 to $150,000, on the Blanket Purchase Order with Muncie Reclamation and Supply Company (Muncie), to purchase maintenance-related bus parts, for FY 2025-26; and
4. Approve increasing the total NTE amount, from $100,000 to $150,000, on the Blanket Purchase Order with Rush Truck Centers of California, Inc. (Rush Truck), to purchase maintenance-related bus parts, for FY 2025-26; and
5. Approve increasing the total NTE amount from, $49,000 to $74,000, on the Blanket Purchase Order with Zutra Water Corporation (Zutra Water), to continue providing water delivery services for the City of Montebello for FY 2025-26; and
6. Amend the Fiscal Year 2025-26 adopted operating budget by increasing appropriations by $250,000 in Account No. 600-90-915-6080.50 (Transit, Corporate Shops, Vehicle Maintenance/Expenses Bus Parts) and $25,000 in
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
Account No. 600-90-900-6000.20 (Transit, Administration, Supplies Non- Durable).
FISCAL IMPACT:
The total cost to increase the not-to-exceed (NTE) amounts for the blanket purchase orders (POs) with Cummins Pacific, Inland Kenworth, Muncie, Rush Truck, and Zutra Water is $225,000. These POs will be funded by amending the Fiscal Year 2025-26 adopted operating budget by increasing appropriations by $250,000 in Account No. 600-90-915-6080.50 (Transit, Corporate Shops, Vehicle Maintenance/Expenses Bus Parts) and $25,000 in Account No. 600-90-915-6080.50 (Transit, Administration, Supplies Non-Durable). The recommended action to increase the NTE amounts for each blanket PO is detailed as follows:
BACKGROUND/DISCUSSION:
On June 25, 2025, the City Council approved establishing blanket POs for Cummins Pacific and Inland Kenworth in accordance with the Montebello Municipal Code (MMC) Section 3.20.050 (Attachment A). These POs utilize bidding procedure exceptions for direct or subcontracted supplies of Original Equipment Manufacturer (OEM) parts essential to Montebello Bus Lines (MBL) fleet. In addition, the City Council approved establishing a blanket PO with Rush Truck, utilizing the City’s Piggyback Procurement Process in accordance with MMC Section 3.20.125 (Attachment B). Staff also conducted an informal quote process for engine component purge valve kits and water delivery services. This resulted in establishing blanket POs under the City Manager’s purchasing authority, with Muncie and Zutra Water (Attachment C).
Collectively, these procurement efforts ensured a reliable supply of maintenance-related bus parts and essential operational services as follows:
• Cummins Pacific: Maintenance-related bus parts
• Inland Kenworth Inc.: Valves, relays, hoses, seals, cylinder heads, tubes, engine control modules, engine in-frame kits, coil, extensions, and sensors • Muncie: Purge valve kit
• Rush Truck Centers: Maintenance-related bus engine parts
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
• Zutra Water: Citywide water delivery services
On February 11, 2026, the City Council authorized change orders to increase the not-to- exceed amounts for Cummins Pacific, Muncie, and Rush Truck. At that time, staff anticipated the revised funding levels would provide sufficient purchasing authority through the end of the fiscal year. However, operational demand for parts and services has exceeded projections over the past two months. This surge stems largely from staff efforts to review and improve warehouse operations, inventory controls, and overall parts management processes.
Through this review, staff determined that certain inventory levels fell below industry standards, failing to maintain appropriate minimum and maximum inventory levels for critical, high demand parts. To align warehouse operations with the industry’s best practices, staff began increasing inventory to ensure optimal inventory availability. This proactive approach reduces equipment downtime, improves maintenance response times, and supports long-term fleet reliability. Consequently, additional funding is required to sustain these increased procurement levels.
These factors have increased back orders and extended lead times, with several orders delayed by manufacturing and distribution constraints. Accordingly, staff recommend that the City Council approve increasing the not-to-exceed limits on the purchase orders for each of these vendors. This adjustment will enable Transit maintenance staff to mitigate delays, secure critical inventory, and maintain fleet availability amid evolving operational and market conditions.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend the City Council approve increasing the total NTE amount, from $127,320 to $177,320, for a blanket PO with Cummins Pacific, to purchase maintenance- related bus parts; approve increasing the total NTE amount, from $100,000 to $150,000, for a blanket PO with Inland Kenworth, to purchase maintenance-related bus parts; approve increasing the total NTE amount, from $100,000 to $150,000, for a blanket PO with Muncie, to purchase maintenance-related bus parts; approve increasing the total NTE amount from $100,000 to $150,000, for a blanket PO with Rush Truck, to purchase maintenance-related bus parts; approve increasing the total NTE amount, from $49,000 to $74,000, for a blanket PO with Zutra Water, for citywide water delivery services; amend the FY 2025-26 adopted operating budget to increase appropriations by $250,000 in Account No. 600-90-915-6080.50 (Transit, Corporate Shops, Vehicle Maintenance/Expenses Bus Parts) and Account No. 600-90-915-6080.50 (Transit,
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
Administration, Supplies Non-Durable); and direct staff to take such additional, related action as may be desirable.
ATTACHMENT(S)
1. Attachment A – City Council Staff Report
2. Attachment B – City Council Staff Report – Rush Trucks
3. Attachment C – PO Change Orders
ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: APPROVE BLANKET PURCHASE ORDER WITH AFTERMARKET
PARTS COMPANY LLC, AMERICAN MOVING PARTS LLC, CUMMINS
CAL PACIFIC LLC, INLAND KENWORTH, INC., AND WAYNE
HARMEIER, INC., FOR MAINTENANCE-RELATED BUS, FIRE
APARATUS, AND VEHICLE FLEET PARTS
DATE: June 25, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve establishing a blanket purchase order (PO) with Aftermarket Parts Company LLC (Aftermarket Parts), for a total not-to-exceed amount of Two Hundred Thousand Dollars ($250,000), to purchase maintenance-related bus parts for Fiscal Year 2025-26; and
2. Approve establishing a blanket PO with American Moving Parts LLC (American Moving Parts), for a total not-to-exceed amount of One Hundred and Forty Thousand Dollars ($140,000), to purchase maintenance-related bus and fire apparatus parts for both Montebello Bus Lines (MBL) and the Montebello Fire Department (MFD) for FY 2025-26; and
3. Approve establishing a blanket PO with Cummins Cal Pacific LLC (Cummins Pacific), for a total not-to-exceed amount of One Hundred and Twenty Thousand Dollars ($120,000), to purchase maintenance-related bus and fleet parts for both MBL and the MFD for FY 2025-26; and
4. Approve establishing a blanket PO with Inland Kenworth, Inc. (Inland Kenworth), for a total not-to-exceed amount of One Hundred Thousand Dollars ($100,000), to purchase maintenance-related bus parts for FY 2025-26; and
5. Approve establishing a blanket PO with Wayne Harmeier, Inc. (dba Wayne Electric Company), for a total not-to-exceed amount of Eighty Thousand Dollars ($80,000), to purchase maintenance-related bus parts for FY 2025-26; and
ATTACHMENT A
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025
6. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
Sufficient funds have been appropriated in the FY 2025-26 proposed operating budget in the Transit Fund and General Fund (Fire Department) for the various purchases under these blanket purchase orders. Therefore, a budget amendment is not needed. Tables 1-5 detail the allocated amounts and corresponding account numbers as follows:
BACKGROUND/DISCUSSION:
The City of Montebello operates Montebello Bus Lines (MBL), which includes a fleet of sixty-six (66) buses, nine (9) relief vehicles, and four (4) supervisor vehicles, all of which require ongoing maintenance. In addition, the City has its own Fire Department which utilizes a wide range of fire apparatus that require ongoing maintenance. The most efficient and cost-effective way to purchase replacement bus, fire apparatus, and vehicle fleet parts is to establish blanket POs with the primary companies that supply these maintenance-related parts.
Staff will utilize the City’s sole-source procurement process in accordance with the Montebello Municipal Code (MMC) Section 3.20.050 – Conformance with bidding procedures. This will strengthen the City’s financial processes and ensure compliance with applicable competitive and non-competitive contracting requirements. The sole- source procurement method will be used to make purchases including, but not limited to:
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025
• Aftermarket Parts: headlights, fan control modules, clamps, windshield wipers, coolants, airbags, clutches, stabilizers, and thrust washers. • American Moving Parts: engines, brake kits, air dryer cartridge kits, cables, filters, transmission drums, wheel linings, and sensor replacement. • Cumins Pacific: spark plug kits, fan supports, ignition coils, engine rods, electronic control modules, engine wiring harness, and water pumps. • Inland Kenworth: valves, relays, hoses, seals, cylinder heads, tubes, engine control modules, engine in-frame kits, coil extensions, and sensors. • Wayne Electric Company: EMP alternators, air conditioning compressors, toggle switches, fan drivers, farebox motors, pumps, and filters.
MMC Section 3.20.050 – Conformance with bidding procedure, outlines exceptions to the formal and open market bidding and procurement procedures detailed in the MMC.
The vendors listed have been identified as direct or sub-contracted suppliers of specific maintenance-related, original equipment manufacturer (OEM) parts, compatible with both MBL and the MFD fleets. The buses, vehicles and fire apparatus in use require specific parts in order to function most efficiently. Purchasing these parts (see list above) from the listed vendors ensures the City's buses and Fire apparatus operate safely and when needed -- ensuring public safety.
Staff recommend that the City Council approve establishing a blanket PO specific to the vendors listed in accordance with MMC Section 3.20.050(B) which allows the procurement of parts and equipment from identified sole-source and/or single source vendors to ensure the continued operation of MBL and the MFD. Once approved, staff will complete a Sole Source Declaration form (Attachment A) as a written record for each vendor.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
For FY 2025-26, staff recommend that the City Council approve establishing a blanket PO with Aftermarket Parts for a total not-to-exceed amount of $250,000, to purchase maintenance-related bus parts; approve establishing a blanket PO with American Moving Parts for a total not-to-exceed amount of $140,000, to purchase maintenance- related bus and fire apparatus parts for both MBL and the MFD; approve establishing a blanket PO with Cummins Pacific for a total not-to-exceed amount of $120,000, to purchase maintenance-related bus and fleet parts for MBL and MFD; approve establishing a blanket PO with Inland Kenworth for a total not-to-exceed amount of $100,000, to purchase maintenance-related bus parts; approve establishing a blanket
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025
PO with Wayne Electric Company for a total not-to-exceed amount of $80,000, to purchase maintenance-related bus parts; and take such additional, related, action that may be desirable. Sufficient funding has been included in the MBL and MFD FY 2025-26 proposed operating budgets for these expenses. Therefore, a budget amendment is not needed as part of the recommended actions.
ATTACHMENT(S)
1. Attachment A – Sole Source Declaration Form
ITEM # 21
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: APPROVE BLANKET PURCHASE ORDER WITH RUSH TRUCK CENTERS OF CALIFORNIA, INC. FOR MAINTENANCE-RELATED BUS
AND VEHICLE FLEET PARTS
DATE: June 25, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve establishing a blanket purchase order (PO) with Rush Truck Centers of California, Inc. (Rush Trucks), for a total not-to-exceed amount of Eighty Thousand Dollars ($80,000) to purchase maintenance-related bus and vehicle fleet parts for Fiscal Year 2025-26; and
2. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
Sufficient funds have been included in the Transportation Department’s Fiscal Year 2025- 26 proposed operating budget for the prodcts to be purchased from Rush Trucks. Table 1 details the allocated amounts and corresponding account numbers in the Transit Fund (Fund 600):
BACKGROUND/DISCUSSION:
The City of Montebello operates Montebello Bus Lines (MBL), which includes a fleet of
ATTACHMENT B
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025
sixty-six (66) buses, nine (9) relief vehicles, and four (4) supervisor vehicles, all of which require ongoing maintenance. The most efficient and cost-effective way to purchase replacement bus and vehicle fleet parts is to establish blanket purchase orders with the primary companies that supply these maintenance-related parts.
Staff will utilize the City’s piggyback procurement process in accordance with the Montebello Municipal Code (MMC) Section 3.20.125 – Piggybacking purchasing agreements. The piggyback procurement method will be used for the procurement of various maintenance parts including, but not limited to:
• Rush Truck: engine and emission parts, engine cooling components, and transmissions
Municipal Code Section 3.20.125 - Piggybacking purchasing agreements, allows the purchasing officer to enter into purchasing agreements with vendors for supplies, equipment, services, and more, based on pricing and terms established by other public entities. OMNIA Partners is a cooperative purchasing organization to which the City belongs that leverages the collective buying power of public agencies to secure competitively solicited and publicly awarded contracts, resulting in cost savings and procurement efficiency.
Staff recommend that the City Council approve establishing a blanket purchase order for FY 2025-26 with Rush Truck using pricing negotiated through OMNIA Partners (Attachment A). Once approved, staff will receive vendor-specific codes that will allow MBL to begin purchasing parts through this cooperative purchasing program.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend that the City Council approve establishing a blanket PO with Rush Truck, for a total not-to-exceed amount of $80,000, to purchase maintenance-related bus and vehicle fleet parts for FY 2025-26; and take such additional, related, action that may be desirable. Sufficient funding has been included in the FY 2025-26 proposed operating budget; therefore, no budget amendment is needed as part of the recommended action.
ATTACHMENT(S)
1. Attachment A – Omni Partners Contract No. 05-47 – Rush Truck Enterprises
ATTACHMENT C
ITEM # 23
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director of Transportation
SUBJECT: APPROVE THE EMERGENCY PROCUREMENT OF GENETEC
SERVER EQUIPMENT FROM R.L. CONTROLS LLC FOR THE
TRANSPORTATION DEPARTMENT
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Confirm the emergency procurement of Genetec server equipment from R.L.
Controls LLC (R.L Controls) for the Transportation Department (Transportation); and
2. Take such additional, related action as may be desirable
FISCAL IMPACT:
The total cost for the purchase, installation, and configuration of the Genetec server equipment is $313,020. This expenditure is allocated across the following accounts:
• Account No. 600-90-910-6040.10 (Transit, Operations, Contract Services – Outside Contracts)
• Account No. 202-922-2021-6040.95 (State of Good Repairs, STA, FY 2020-21, Contract Services - Other Professional Services)
Sufficient funds are available within the Transportation Department’s Fiscal Year 2025- 26 adopted operating budget in each of these accounts to support this expenditure.
Therefore, a budget amendment is not required as part of the recommended actions.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
BACKGROUND/DISCUSSION:
On April 28, 2021, the City awarded Agreement No. 3883 (Attachment A) to RL Controls to provide a fully integrated and functional Onboard Bus Camera Surveillance System (Project) for Montebello Bus Lines (MBL). The Project was developed to ensure that MBL would have a turnkey bus camera surveillance system to increase video camera resolution, digital storage capabilities (13 months of video footage), and a cloud-based network infrastructure accessible to administrative personnel. Part of the Project included RL Controls designing and engineering the server and storage infrastructure necessary to support the department’s long-term operational and video retention needs. In January 2022, the City Council approved Amendment No. 1 to Agreement No. 3883 (Attachment B) to utilize contingency funds for the server component of the Project.
During implementation, Transportation staff and RL Controls encountered ongoing operational and performance issues associated with the existing Cloudian server system, including troubleshooting complications and configuration challenges related to the camera system recording capabilities. On May 9, 2023, RL Controls submitted a formal request to extend the project completion date due to unforeseen circumstances related to the server environment and system configuration adjustments. Subsequently, the City Council approved Amendment No. 2 to Agreement No. 3883 (Attachment C), extending the completion date from March 15, 2023, to October 15, 2023, while all other provisions of the agreement remained unchanged.
MBL has continued to rely on its server and storage infrastructure to support critical transit operations, including onboard video surveillance, fleet monitoring, incident investigations, and compliance with video retention requirements. However, the existing Cloudian server system has not performed at the level necessary to reliably support Transportation’s operational and storage demands. Meanwhile, Transportation has experienced a significant increase in data storage requirements due to expanded camera infrastructure, increased video retention needs, and growing operational reliance on digital surveillance.
On January 23, 2026, the City received a quote (Attachment D) from RL Controls for the procurement, installation, and configuration of four (4) Genetec servers, consisting of three (3) new servers and the retention of one (1) previously deployed demonstration server. The proposed Genetec servers are intended to replace the existing Cloudian servers and provide the storage capacity, reliability, and performance necessary to support MBL’s operational and video retention requirements.
RL Controls was able to provide the required equipment within an expedited timeframe and was the only vendor capable of meeting the City’s immediate operational needs due to its familiarity with the existing server infrastructure and ongoing project support. In addition, the rapid advancement and widespread use of artificial intelligence (AI) technologies have significantly increased global demand for high-capacity data storage infrastructure and enterprise-grade server equipment. Consequently, the information technology (IT) industry has experienced supply chain constraints, limiting equipment availability, and extending lead times for server procurement.
To prevent disruptions to critical transportation security operations, monitoring, and video
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
retention capabilities associated with the standard procurement process, the four (4) servers were purchased on March 2, 2026, under the emergency procurement exceptions in accordance with the bidding procedure exceptions outlined in the Montebello Municipal Code (MMC) Section 3.20.050(A). Staff recommend that the City Council ratify and approve this emergency purchase. Under MMC Section 3.20.050(A), an emergency procurement is authorized when the purchasing agent, with written approval from the City Manager, determines that an emergency requires making an immediate purchase with the nearest available supply source.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend that the City Council confirm the emergency procurement of Genetec server equipment from R.L Controls for the Transportation Department; and take such additional related action as may be desirable.
ATTACHMENT(S)
1. Attachment A – Agreement No. 3883
2. Attachment B - Amendment No. 1 to Agreement No. 3883
3. Attachment C - Amendment No. 2 to Agreement No. 3883
4. Attachment D – Purchase Order and Quote for Servers
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ITEM # 24
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director of Transportation
SUBJECT: APPROVE AGREEMENT NO. 4415 WITH NEW FLYER OF AMERICA, INC. TO PURCHASE NINE, FORTY-FOOT, HEAVY DUTY
COMPRESSED NATURAL GAS (CNG) TRANSIT BUSES
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Agreement No. 4415 with New Flyer of America, Inc. (New Flyer), to purchase nine (9), forty-foot (40’), Heavy Duty, Compressed Natural Gas (CNG) Transit Buses; using the base pricing and terms established in the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), expiring on July 31, 2026; and
2. Authorize the City Manager and/or his designee to approve change orders for up to two percent (2%) of the total agreement amount; and
3. Amend the Fiscal Year 2025-26 adopted budget to increase appropriations by $2,437,986, in Account No. 600-90-915-6082 (Transit, Corporate Shop, Vehicle Purchases); and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The nine (9) CNG transit buses will be purchased utilizing Federal Transit Administration (FTA) Pre-Award Authority in anticipation of Grant Application 1657-2025-1, alongside Senate Bill 1 (SB1)/State Transit Assistance (STA) funds awarded in Fiscal Year 2025-
26. While the designated grants provide a total allocation of $7,513,638, the estimated purchase cost, including a two percent (2%) contingency is $9,951,624.
To address the remaining $2,437,986, the Transportation Department’s FY 2025-26
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
adopted operating budget will be amended to increase appropriations by the corresponding amount in Account No. 600-90-915-6082 (Transit, Corporate Shop, Vehicle Purchases). By exercising Pre-Award Authority, the Department acknowledges that all FTA requirements must be met to ensure eligibility for future reimbursement.
A summary of the total project expenses, including the bus purchase, training and tooling, contingency allotment, contract deliverables, and taxes is shown below:
BACKGROUND/DISCUSSION:
Montebello Bus Lines (MBL) operates a transit fleet of sixty-six (66) transit buses, including three (3) electric, three (3) Fuel Cell Electric Buses (FCEBs), twenty-six (26) hybrid, and thirty-four (34) Compressed Natural Gas (CNG) buses. This fleet serves over
2.6 million riders annually across thirteen local communities. MBL regularly evaluates and assesses the condition of its fleet to ensure the delivery of quality and reliable transportation services to the City and neighboring communities.
In accordance with the City’s Administrative Policy No. VI-C-3: Capital Asset Policy, staff recommend replacing nine (9) New Flyer CNG transit buses (manufacturer year 2009).
These buses have exceeded the useful life benchmark (ULB) defined by FTA Circular 5010.1E, Chapter IV, which establishes a minimum service life for heavy-duty transit buses (35-40 feet) of twelve (12) years or 500,000 miles. Having exceeded the federal ULB, replacing these buses is essential to maintain State of Good Repair (SGR) standards, reduce escalating maintenance costs associated with an aging fleet, and ensuring the continued safety and reliability of service for MBL’s passengers and operators.
The nine (9) new transit buses will be purchased through the procurement process outlined in Montebello Municipal Code (MMC) Section 3.20.125 – “Piggybacking Purchasing Agreement" and as authorized under California Government Code section
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
54202. In accordance with MMC 3.20.125(A), the City will enter into a purchase agreement with New Flyer (Attachment A) using the base pricing and terms established in the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), expiring on July 31, 2026 (Attachment B).
New Flyer has fully complied with all the stipulated requirements and technical specifications of the cooperative agreement. MBL staff has conducted a thorough review of all federal clauses (Attachment C) and procurement documents to ensure FTA compliance. In addition, MBL predominantly operates a fleet of New Flyer CNG, FCEBs and Electric powered transit buses. Therefor, procuring replacement buses from the same manufacturer aligns with the City's ongoing efforts to standardize its fleet. Once approved, it is anticipated that all nine (9) buses will be delivered on or before the end of the first quarter of 2028 (March).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend that the City Council approve Agreement No.4415, attached hereto in substantial form (Attachment A), with New Flyer to purchase nine (9), forty-foot (40’), Heavy Duty CNG buses using the base pricing and terms established in Cooperative Contract No. 23-01; authorize the City Manager and/or their designee to approve change orders for up to two (2%) of the contract amount as necessary; amend the FY 2025-26 adopted operating budget to increase appropriations by $2,437,986, in Account No. 600- 90-915-6082 (Transit, Corporate Shop, Vehicle Purchase); and direct staff to take such additional, and related, action as may be desirable.
ATTACHMENT(S)
1. Attachment A – Agreement No. 4415 - New Flyer of America, Inc.
2. Attachment B – Basin Transit_CALACT Contract #23-01
3. Attachment C – Federal Required Clauses
4. Attachment D – New Flyer Proposal and Cost Sheet
ATTACHMENT A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4415
WITH NEW FLYER OF AMERICA, INC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on May 27, 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and NEW FLYER OF AMERICA, INC. (the “VENDOR”). The CITY and the VENDOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to procure nine (9), forty-foot (40’), heavy-duty compressed natural gas (CNG) transit buses from a qualified vendor to support Montebello Bus Lines’ fleet replacement needs; and
WHEREAS, the VENDOR represents that it is fully qualified to provide such goods by virtue of its experience and the training, education, and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
2. Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01).
3. All other documents, including but not limited to all applicable bonds, insurance certificates, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.