CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 27, 2026 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Georgina Tamayo, Mayor
Danielle Romero, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Salvador Melendez, Councilmember
CITY MANAGER
Raul Alvarez
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of City Clerk Services
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Kimberly Guillen
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
May 27, 2026: City Council Meeting Page 2 of 9
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务,请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
May 27, 2026: City Council Meeting Page 3 of 9
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Jesus Macias v. City of Montebello
Los Angeles Superior Court Case No: 25STCV37986
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Hermes Carbajal vs. City of Montebello
Los Angeles Superior Court Case No. 26STCV02126
3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Employee Group: Montebello Police Management Association
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 59456.9(d)(4)
Consideration of initiation of litigation in one matter
REGULAR SESSION - 7:00 P.M.
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
May 27, 2026: City Council Meeting Page 4 of 9
5. CITIZEN OF THE MONTH — LORRAINE RICHARDS
6. CERTIFICATES OF RECOGNITION FOR MONTEBELLO BUS LINES EMPLOYEES PARTICIPATING IN THE 5-STAR, REGIONAL, AND INTERNATIONAL ROADEOS
7. EASTSIDE LIGHT RAIL EXTENSION PRESENTATION
8. PROPOSED FY 2026-27 BUDGET OVERVIEW
9. CAPITAL PROJECTS FY 2026-27 PRESENTATION
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
10. PUBLIC HEARING - RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING CHARGES ANNUAL
RATE ADJUSTMENT
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing and approve Resolution No. 26-36 establishing the residential solid waste collection and recycling rate for Fiscal Year 2026-27 (Attachment A) per Agreement No. 4279 between the City of Montebello and Arakelian Enterprises (dba Athens Services); and,
2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls; and,
3. Take such additional, related action that may be desirable.
REGULAR BUSINESS
11. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4454 WITH INSIGHT STRATEGIES INC., FOR ORGANIZATIONAL HEALTH AND HIGH-PERFORMANCE ASSESSMENT SERVICES – PHASE II
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 4454 with Insight Strategies, Inc. for a one-year (1-year) term, and increase the total not-to-exceed amount for an additional $49,800, to implement Phase II – Agency Strategic Plan Development and Activation for Montbello Bus Lines (MBL); and
2. Authorize the City Manager to execute Amendment No. 1 on behalf of the City of Montebello; and
3. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) or $7,470, of the amended agreement amount; and
4. Amend the Fiscal Year 2025-26 adopted operating budget to increase appropriations by $57,720, in Account No. 600-90-900-6040.95 (Transit Fund, Administration, Contract Services - Other Professional Services); and
5. Take such additional, related action as may be desirable.
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12. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4418 TO WEST COAST ARBORISTS, INC. FOR
URBAN FOREST MANAGEMENT PLAN GRANT IMPLEMENTATION SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Rescind the prior award of the professional services Agreement No. 4419 to TreePeople, Inc. for Urban Forest Management Plan grant implementation services due to the firm’s formal withdrawal from the project; and
2. Award Professional Services Agreement No. 4418 to West Coast Arborists, Inc. in the amount of $597,500 payable from Cal Fire grant funds in Account No. 249-30-320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services -utside Contracts); and
3. Authorize the City Manager to execute Professional Services Agreement No. 4418 in good faith; and
4. Take such additional, related action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
13. FISCAL YEAR 2026-27 CONFIRMATION OF ANNUAL TAX RATE FOR VOTER APPROVED INDEBTEDNESS
RECOMMENDATION: It is recommended that the City Council:
1. Review and adopt the attached resolution establishing property tax override rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2026-27; and,
2. Direct staff to forward the resolution to the Los Angeles County Auditor Controller within the required time limit; and
3. Take such additional, related action that may be desirable.
14. AWARD AGREEMENT NO. 4484 TO VOLTAIRE ENGINEERING, INC. FOR CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945)
RECOMMENDATION: It is recommended that the City Council:
1. Award Agreement No. 4484 to Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (Sign) (CP 945) as the most responsive, responsible bidder for the amount of $342,879 payable from Account No. 221-70-744-6040.10 (Measure A Local, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts) and Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts); and
2. Approve a 10% construction contingency in the amount of $34,287; and
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $77,166 in Account No. 250-70- 744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts); and
4. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and
5. Authorize the City Manager to execute the Agreement No. 4484 and all change orders in good faith; and
6. Take such additional, related action that may be desirable.
15. ACCEPTANCE OF RIO HONDO COASTAL SPREADING GROUNDS FENCE REPLACEMENT PROJECT (CP 884) – NOTICE OF COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884) as completed by J&A Engineering Corporation; and
2. Approve the final contract amount with J&A Engineering Corporation for the Project in the amount of $1,234,400 including change orders; and
3. Approve the Final Total Project Budget (Attachment A); and
May 27, 2026: City Council Meeting Page 6 of 9
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and
5. Authorize the release of the retention payment of $61,720 due to J&A Engineering Corporation following the mandatory waiting period from the date the Notice of Completion is recorded; and
6. Take such additional, related action that may be desirable.
16. AUTHORIZE EXECUTION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) – REGION 9 ADMINISTRATIVE ORDER ON CONSENT
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to sign and execute the Administrative Order on Consent between the Unites States Environmental Protection Agency (EPA) – Region 9 and the City of Montebello; and
2. Take such additional, related action that may be desirable.
17. 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
RECOMMENDATION: 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.
18. APPROVE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA NATURAL RESOURCES
AGENCY FOR THE URBAN GREENING GRANT PROGRAM
RECOMMENDATION: 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.
19. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3836 WITH WEST COAST ARBORIST FOR CITYWIDE
TREE GRID PRUNING, TREE REMOVALS, TREE PLANTING, AND EMERGENCY SERVICES
RECOMMENDATION: 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.
20. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4100 WITH STAR-DUST TOURS, INC.FOR CHARTER
BUS SERVICES
RECOMMENDATION: It is recommended that the City Council:
May 27, 2026: City Council Meeting Page 7 of 9
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.
21. APPROVE ISSUING REQUEST FOR PROPOSALS, NO. 26-15 FOR DEMOLITION, ENVIRONMENTAL,
REMEDIATION, SITE CLEARANCE AND GRADING SERVICES
RECOMMENDATION: 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.
22. 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
RECOMMENDATION: 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 Account No. 600-90-900-6000.20 (Transit, Administration, Supplies Non-Durable).
23. APPROVE THE EMERGENCY PROCUREMENT OF GENETEC SERVER EQUIPMENT FROM R.L.
CONTROLS LLC FOR THE TRANSPORTATION DEPARTMENT
RECOMMENDATION: 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
24. APPROVE AGREEMENT NO. 4415 WITH NEW FLYER OF AMERICA, INC. TO PURCHASE NINE, FORTY-
FOOT, HEAVY DUTY COMPRESSED NATURAL GAS (CNG) TRANSIT BUSES
RECOMMENDATION: 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
May 27, 2026: City Council Meeting Page 8 of 9
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.
25. APPROVE AGREEMENT NO. 4419 WITH NEW FLYER OF AMERICA, INC. TO PURCHASE THREE, FORTY-
FOOT, HEAVY DUTY HYDROGEN FUEL CELL ELECTRIC TRANSIT BUSES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4419 with New Flyer of America, Inc. (New Flyer), to purchase three (3), forty- foot (40’), Heavy Duty Hydrogen Fuel Cell Electric Buses (FCEBs); 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 operating budget to increase appropriations by $801,888, in Account No. 600-90-915-6082 (Transit, Corporate Shop, Vehicle Purchases) ; and
4. Take such additional, related action as may be desirable.
26. APPROVAL OF MINUTES: MAY 13, 2026, CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
27. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-34 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 27, 2026
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-34 approving the Warrant Register dated May 27, 2026.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Ric Alonzo, Councilmember
• Danielle Romero, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Salvador Melendez, Councilmember
• Georgina Tamayo, Mayor
CLOSED SESSION - CONTINUED
May 27, 2026: City Council Meeting Page 9 of 9
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 10, 2026, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, May 24, 2026, no later than 6:00 p.m.
Kimberly Guillen, Director of City Clerk Services
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: PUBLIC HEARING - RESIDENTIAL SOLID WASTE COLLECTION AND
RECYCLING CHARGES ANNUAL RATE ADJUSTMENT
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a Public Hearing and approve Resolution No. 26-36 establishing the residential solid waste collection and recycling rate for Fiscal Year 2026-27 (Attachment A) per Agreement No. 4279 between the City of Montebello and Arakelian Enterprises (dba Athens Services); and,
2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls; and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Agreement No. 4279 between the City and Arakelian Enterprises (dba Athens Services) dictates the terms and conditions whereby residential refuse and recycling services will be provided in the City of Montebello. This agreement took effect February 11, 2025 and was the result of a comprehensive request for proposals process approved by the City Council on May 22, 2024. Direction was provided by the City Council on October 23, 2024 for the City Manager to negotiate an exclusive franchise for residential solid waste and recycling services with Athens Services. The result of the RFP process is Agreement No. 4279.
Among the services that are included in Agreement No. 4279 are Air Quality Management District (AQMD) compliant vehicles; a rate adjustment tied to changes in the Consumer Price Index for Trash and Garbage Collection; standardized automated
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
cart services for all commodities with at least 75% of collected residential material diverted, recovered, or recycled through the automated cart service; color-coded carts that clearly identify commodities for each cart provided; unlimited bulky item pickups for residential units with a five-item limit per pickup; the collection of abandoned or illegally discarded bulky item waste throughout the City on regular collection days; Citywide Quarterly cleanups; mulch for use in City-owned and/or maintained facilities, parks or common areas, and a minimum of two residential mulch and composting giveaway opportunities for Montebello residents.
The rates not only include services for solid waste and recycling but also green waste and organics collection which will incorporate food scraps and food soiled paper into a combined system which will assist the City in meeting diversion requirements established by the State.
The franchise also includes a sixteen percent (16%) franchise fee paid to the City. The franchise fee will be calculated based on gross receipts and provides revenue to the General Fund.
Residents are assessed the monthly refuse rate as part of the annual property tax billing process through the County of Los Angeles. Staff work with the County of Los Angeles through their “direct assessment” process (i.e., “DA Process”) to place the updated rate on the property tax roll every August.
The monthly rate established for Fiscal Year 2025-26 was $48.30. The reason for that rate was because Agreement No. 4279 was effective February 11, 2025, and the $43.94 per unit per month rate was effective since then. However, new rates can only be placed on the tax roll once per year, which allows for collection by the County and remittance of the revenue to the City through the normal property tax collection process. Therefore, the amount due to Athens from February 11 to June 30, 2025 (i.e., the “uncollected amount”) had to be added to the amount placed on the annual tax roll. Therefore, the monthly per unit amount collected in Fiscal Year 2025-26 was $48.30.
However, per Agreement No. 4279 (Article 7), the $43.94 monthly rate effective February 11, 2025 will not be adjusted until July 1, 2027. The monthly residential rate of $43.94 will remain in effect for the period of July 1, 2026 through June 30, 2027 (Attachment B). This means residents will see a reduction in their monthly refuse rate from $48.30 to $43.94.
BACKGROUND/DISCUSSION:
The previous franchise agreement with Athens Services ended on February 11, 2025.
This resulted in the City having to conduct a formal request for proposal for residential solid waste, recycling, and organics collection and processing in order to continue providing essential services to residents and comply with CalRecycle mandated requirements and State legislative enactments. The results of RFP 24-00 resulted in City Council action on October 23, 2024 directing the City Manager to negotiate an exclusive franchise agreement with Athens Services for residential solid waste and recycling services.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
The State of California, through the authority of CalRecycle, regulates the operation of solid waste facilities. It is a core value of CalRecycle to manage and mitigate the impacts of solid waste on public health and safety and the environment by enforcing compliance with regulations and state minimum standards through integrated and consistent permitting, inspection, and enforcement efforts. Additionally, the City is required to comply with the requirements of Senate Bill (SB) 1383, which is the most comprehensive change in solid waste regulations since the inception of AB 939 in 1989. To comply with SB 1383, the City, through its franchised waste hauler, is required to ensure that all residents recycle their organic waste.
In addition to including adherence to current State and Federal regulations in the new franchise agreement, expansion of recycling efforts was included (i.e., addition of a “blue cart”) as well as community oriented services such as continuation of unlimited bulky item pick-up, collection of bulky illegally dumped items within city limits, quarterly cleanups, mulch for City facilities and parks, and at least two residential mulch and composting giveaways.
The monthly residential refuse rate of $43.94 will be assessed for Fiscal Year 2026-27, and will be effective July 1, 2026.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The recommended action would set the annual per unit, monthly refuse rate for Fiscal Year 2026-27 (July 1, 2026 through June 30, 2027) at $43.94. Staff will work through the County of Los Angeles’ “direct assessment” process to place the per unit, monthly amount on the annual tax roll.
ATTACHMENT(S)
1. ATTACHMENT A - Resolution - Refuse Rate Assessment Update 05_27_2026
2. ATTACHMENT B - Montebello Residential Rate Letter 7.1.26
3. ATTACHMENT C - Public Hearing Notice-Proof of Publication 05_14_2026
ATTACHMENT A
RESOLUTION NO. 26-36
A RESOLUTION OF THE CITY OF MONTEBELLO APPROVING A RATE
ADJUSTMENT FOR ATHENS SERVICES FOR THE COLLECTION OF
RESIDENTIAL WASTE FOR FISCAL YEAR 2026-27 AND FUTURE
ADJUSTMENTS CONSISTENT WITH THE FRANCHISE AGREEMENT
(AGREEMENT NO. 4279) BETWEEN THE CITY AND ATHENS
SERVICES
RECITALS
WHEREAS, the City of Montebello (“City”) contracts for residential waste hauling services with Arakelian Enterprises (dba “Athens Services”); and
WHEREAS, Agreement No. 668 and Agreement No. 3740 expired effective February 10, 2025 and as such a new franchise agreement for the provision of residential waste hauling services by Athens Services was approved by the City Council and terms were negotiated in good faith between the City and Athens Services; and
WHEREAS, pursuant to the terms of Agreement No. 4279 (“Agreement”), Athens is entitled to an annual adjustment to the monthly rates to be charged by Athens to residential customers for waste collection services; and
WHEREAS, among other things, the Agreement sets the rates to be charged to residential customers, providing for circumstances under which such rates may be increased; and
WHEREAS, per the Agreement, a request for rate adjustment shall not be deemed as action by the City to establish or set rates, but rather the City's approval is solely required to verify the accuracy and appropriateness of the requested adjustment; and
WHEREAS, the City Council, by approving this resolution, intends to confirm Athens’ residential rates for the period of July 1, 2026 through June 30, 2027 and to also confirm adjustment to rates for subsequent years based upon the Consumer Price Index formula consistent with and as set forth in Agreement No. 4279.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1: That pursuant to Agreement No. 4279, the City Council is to review and consider the request submitted by Athens for an annual rate adjustment for monthly waste service charges for residential customers. On April 27, 2026, Athens submitted a request for approval for a rate adjustment for the period of July 1, 2026 through June 30, 2027 (Fiscal Year 2026-27) consistent with the terms of Agreement No. 4279.
SECTION 2: The City Council ratifies the residential solid waste collection fee to be charged by Athens on a monthly basis for each residential customer at the amount of $43.94 per customer per month. The City Council further confirms the formula for annual
RESOLUTION NO. 26-36
rate adjustments for subsequent fiscal years for each residential customer based upon the Consumer Price Index formula consistent with and as set forth in Article 7 of Agreement No. 4279.
SECTION 3: That the City Clerk shall certify the passage and adoption of this resolution and enter into the book of original Resolutions.
SECTION 4: The City Council authorizes the City Clerk to forward this resolution to the Los Angeles County Auditor-Controller for processing this rate adjustment and to be placed upon the tax collection rolls for residential waste customers within the City of Montebello.
APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2026.
_______________________________
Georgina Tamayo, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-36 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 27 th day of May, 2026 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
RESOLUTION NO. 26-36
DATE:
Christopher Jimenez, City Clerk
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
April 27, 2026
City of Montebello
Attn: Michael Solorza
1600 W. Beverly Blvd.
Montebello, CA 90640
Re: Residential Contract Rate for July 1, 2026 through June 30, 2027
Dear Mr. Solorza,
Per the Agreement between Arakelian Enterprises, Inc. (dba Athens Services) and the City of Montebello, the starting customer monthly rate for this new contract is a gross rate of $43.94, effective February 11, 2025.
Per Article 7 of the agreement, the first annual adjustment to the maximum rates does not take effect until July 1, 2027. As a result, Athens is not requesting a rate adjustment at this time to the current maximum rates. The monthly gross customer rate of $43.94 will remain in effect for the period of July 1, 2026 through June 30, 2027.
Please feel free to contact me directly at (626) 255-6174 with any questions. We look forward to continuing to provide exceptional service to the residents of Montebello.
Sincerely,
Christian Warner
SVP of Market Intelligence & Contract Compliance
Cc: Jeff Camera, President, MCA Consultants
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
CITY OF MONTEBELLO
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chamber of the
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wednesda y, May 27, 2026, at 6:00 p.m ., or as
soon as possible thereafter as the matter can be
heard, to consider the following:
A revised and updated City residential refuse
collection and curbside recycling program
collection rate (collectively the “Rate”). The C ity
will consider the adjustment of the Rate as
follows as requested by franchisee and
authorized by the Residential Waste Collection
Agreement:
- Beginning on July 1, 2026, the monthly Rate for
services provided under Agreement 4279
between the City and A EI shall be $43.94 per
residential customer.
- Beginning on July 1, 2027, and on July 1 of
each subsequent year until the Termination Date
of Agreement 4279, the Rate for services shall be
adjusted in accordance with the then -latest
available Consumer Pric e Index for Trash and
Garbage Collection, as more specifically
permitted pursuant to Article 7 of Agreement
4279.
For those interested in making public comments,
you may address the City Council in person
during the public comment period or public
testimon y period for public hearings by attending
the Montebello Council Chambers at 1600 W.
Beverly Blvd., Montebello, California on
Wednesday, May 27, 2026, at 6:00 p.m. In
addition, the City has created an email address
[email protected] where th e
public can submit written public comments no
later than Wednesday, May 27, 2026, at 3:00
p.m . These comments will not be read aloud but
will be entered into the record and submitted to all
members of the City Council. The email address
for City Council m eetings can be located on the
City's webpage under the City Clerk tab,
https://cityofmontebello.hosted2.civiclive.com/dep
artments/administration/city_clerks_office.
If you challenge the rate adjustment in court, you
may be limited to raising only those iss ues you or
someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the City Council, at,
or prior to, the public hearing.
The proposed resolution and other material are
available by contacting the City Clerk's Office at
323 -887 -1359.
Dated: May 11, 2026
Date published: May 14, 2026
Kimberly Guillen
Director of City Clerk Services
5/14/26
WWA -4042575#
MONTEBELLO NEWS
MONTEBELLO NEWS
1007 N SEPULVEDA BLVD STE 1357, MANHATTAN BEACH, CA 90266 (323) 556-5720
(213) 835-0584
WWA
4042575
LOS ANGELES
HRG - NOTICE OF HEARING
Public Hearing Notice - Refuse Rate Assessment - 05.27.2026 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the MONTEBELLO NEWS, a newspaper published in the English language in the city of MONTEBELLO, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 01/13/1995, Case No. BS031004. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/14/2026
05/14/2026
SAMANTHA NEVAREZ
CITY OF MONTEBELLO/CITY CLERK (LEAD)
!A000007400419!
Visit us @ WWW.LEGALADSTORE.COM
MONTEBELLO, CA - 90640
1600 W. BEVERLY BLVD
Email
ITEM # 11
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 AMENDMENT NO. 1 TO AGREEMENT NO. 4454 WITH INSIGHT STRATEGIES INC., FOR ORGANIZATIONAL HEALTH AND
HIGH-PERFORMANCE ASSESSMENT SERVICES – PHASE II
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 4454 with Insight Strategies, Inc. for a one-year (1-year) term, and increase the total not-to-exceed amount for an additional $49,800, to implement Phase II – Agency Strategic Plan Development and Activation for Montbello Bus Lines (MBL); and
2. Authorize the City Manager to execute Amendment No. 1 on behalf of the City of Montebello; and
3. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) or $7,470, of the amended agreement amount; and
4. Amend the Fiscal Year 2025-26 adopted operating budget to increase appropriations by $57,720, in Account No. 600-90-900-6040.95 (Transit Fund, Administration, Contract Services - Other Professional Services); and
5. Take such additional, related action as may be desirable.
FISCAL IMPACT:
The total cost for Amendment No. 1 to Agreement No. 4454 with Insight Strategies is $49,800, with an additional 15% contingency of $7,470, to cover any unforeseen or additional work. Funding for this amendment will be provided by amending the Transportation Department’s Fiscal Year 2025–26 adopted operating budget, and increasing appropriations by $57,720, in Account No. 600-90-900-6040.95
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
(Transit Fund, Administration, Contract Services – Other Professional Services). Table 1 details Agreement No. 4454:
BACKGROUND/DISCUSSION:
On January 14, 2026, the City entered into Agreement No. 4454 (Attachment A) with Insight Strategies to provide OHHP Assessment Services for Montebello Bus Lines (MBL). The purpose of the assessment was to better understand the key factors influencing both engagement and disengagement, measuring employee perceptions of workplace culture, leadership, communication, and professional development. More importantly, the goal of the OHHP Assessment was to ensure that both leadership and employees understood that they shared responsibility in fostering a culture of engagement and accountability.
Under the original agreement, Insight Strategies conducted employee interviews, focus groups, surveys, organizational analysis, and management briefings designed to gather actionable insights that can drive meaningful improvements across the organization. The findings in Phase I of the assessment provided MBL leadership with valuable organizational insight and recommendations intended to support long-term operational and cultural improvements. Overall, the findings were largely positive, with employees across all levels expressing appreciation for the current leadership’s efforts to rebuild culture, improve communication, increase transparency, and create a healthier, more collaborative work environment.
At the same time, employees consistently described MBL as an organization still “in transition.” While there is optimism about the future, many noted the lingering effects of past challenges. The findings suggested that MBL has a strong foundation, significant employee goodwill, and meaningful momentum, but that continued focus, consistency, and follow-through will be critical to fully realizing the organization’s potential.
Consequently, staff determined that MBL is at a pivotal moment and proceeding with Phase II – Agency Strategic Plan Development and Activation will help provide for greater organizational clarity, alignment, and strategic direction.
Amendment No. 1 proposes extending the agreement to initiate Phase II, which will focus on developing clear mission, vision, and values statements, and establishing strategic priorities and measurable goals that will create a line of sight across the organization for employees at every level to understand how their work contributes to broader agency goals and community impact. This will be accomplished through continued executive
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
leadership facilitation, organizational alignment workshops, strategic communication planning, employee engagement initiatives, and implementation guidance intended to strengthen organizational culture, accountability, and operational effectiveness throughout MBL. Therefore, staff recommend that the City Council approve Amendment No. 1 to Agreement No. 4454 with Insight Strategies to support long-term leadership decision-making and organizational development efforts.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
It is recommended that the City Council approve Amendment No. 1 to Agreement No. 4454 with Insight Strategies for 1-year, and increase the total not-to-exceed amount for an additional $49,800, to implement Phase II – Agency Strategic Plan Development and Activation for MBL; authorize the City Manager to execute Amendment No. 1 on the City’s behalf; authorize the City Manager and/or his designee to approve change orders for up to 15% or $7,470, of the amended agreement amount; amend the FY 2025-26 adopted operating budget to increase appropriations by $57,720, in Account No. 600-90-900- 6040.95 (Transit Fund, Administration, Contract Services - Other Professional Services); and take such additional, related action as may be desirable.
ATTACHMENT(S)
1. Attachment A - Amendment No. 1 to Agreement No. 4454
2. Attachment B - Agreement No. 4454 with Insight Strategies
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO AGREEMENT NO. 4454
WITH INSIGHT STRATEGIES, INC.
This Amendment No. 1 to Agreement No. 4454 (“Amendment No. 1”) is made and entered into as of the 2 7th day of May, 2026 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and Insight Strategies, Inc., a corporation authorized to do business in California, (“Consultant”). City and Consultant are sometimes hereinafter referred to collectively as the “Parties”.
RECITALS
WHEREAS, the City of Montebello (“City”) and Insight Strategies, Inc. (“Consultant”) entered into Agreement No. 4454, effective January 14, 2026 (“Agreement”), pursuant to which Consultant agreed to provide Organizational Health & High-Performance (OHHP) Assessme nt services for Montebello Bus Lines (MBL), including employee interviews, focus groups, surveys, organizational analysis, leadership facilitation, and related consulting services; and
WHEREAS, Consultant has substantially performed services under the Agreement, and the Parties desire to continue and complete Phase ll of the Organizational Health & High- Performance (OHHP) Assessment services; and
WHEREAS, the Parties desire to extend the term of the Agreement for an additional one-year period, from July 1, 2026, through June 30, 2027, in order to allow Consultant sufficient time to complete the remaining Phase ll services and related deliverables; and
WHEREAS, the Parties further desire to amend the compensation provisions of the Agreement to compensate Consultant for the continued performance of services during the extended term; and
WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and
NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:
AMENDMENT
SECTION 1. RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.
AMENDMENT NO. 1 TO AGREEMENT NO. 4454
SECTION 2. EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of the Agreement from July 1, 2026, to June 30, 2027, as authorized under Section 3 of the Agreement.
SECTION 3. AMENDMENT TO COMPENSATION. Through this Amendment No. 1 , the Parties hereto agree to amend the compensation for the purpose of incorporating additional services associated with the extension of term as follows:
“The agreed
‑upon compensation for the increased cost of the contract services contemplated in the Agreement and Extension of term memorialized in Amendment No. 1 shall not exceed Ninety -Eight Thousand Eight Hundred Dollars ($98,800). Such sum shall include all amounts payable to Consultant for its subcontracts, leases, materials, and cost arising from the increase of the deliverables originally contemplated in the Agreement. City shall pay Consultant upon thirty (30) days of receipt of invoice and full acceptance of product and services by the City. Said compensation outlined above, shall cover all authorized expenses arising out of the nature of the Extension of term.”
SECTION 4. INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 4454 to provide Organizational Health & High‑ Performance (OHHP) Assessment services for Montebello Bus Lines, including all labor, tools, materials, and expertise necessary to conduct Phase ll activities such as leadership facilitation, organizational alignment workshops, strategic communication planning, employee engagement initiatives, and preparation of final deliverables, as of the day and year first above written.
[SIGNATURE PAGE TO FOLLOW]
AMENDMENT NO. 1 TO AGREEMENT NO 4454
(the “CITY”) (the “CONSULTANT”)
CITY OF MONTEBELLO INSIGHT STRATEGIES
By: By:
Raul Alvarez, City Manager Teri Fisher, Founder, CEO
ATTEST:
By:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
By:
Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:
Exhibit “A” – Consultant’s Scope of Services and Cost Proposal
Montebello Bus Lines
Phase II – Agency Strategic Plan Development and Activation
MBL Phase II v3
2 Insight Strategies’ Organizational Health
& High-Performance Framework©
Insight Strategies’ Mission
As trusted partners…we cultivate greatness in organizations and people by improving performance, affecting culture, and raising the bar.
Insight Strategies’ Transit-Specific Vision
To be the “go-to” trusted partner for strategic and leadership impact… from the breakroom to the boardroom.
MBL Phase II v3
3 Why a Strategic Plan? And why now?
Montebello Bus Lines (MBL) is at a pivotal moment in its evolution. Findings from Insight Strategies’ Organizational Health and High-Performance© Assessment revealed a workforce that is beginning to experience positive change and renewed optimism under new leadership. Employees recognize that the organization is moving in a better direction and that momentum is building. At the same time, the assessment also surfaced a critical need for greater organizational clarity, alignment, and strategic direction.
As both a department within the City of Montebello and a distinct public-facing transit brand, MBL has a unique opportunity to define who it is, what it stands for, and where it is going. While employees expressed pride in serving the community and dedication to the agency’s success, many are not yet clear on the organization’s long-term goals, strategic priorities, or what “The MBL Way” truly means in practice under this new era of leadership.
This moment presents an opportunity not simply to create a strategic plan, but to shape a shared identity and future for the organization. Developing a clear Mission, Vision, Values, and desired Culture will provide the foundation needed to unite leadership and frontline employees around a common purpose and direction. Establishing strategic
priorities and measurable goals will
create line of sight across the
organization so employees at every
level understand how their work
contributes to broader agency goals
and community impact.
Importantly, this process will build
upon the positive momentum already
underway. Insight’s process focuses on
building on the good that’s already in
motion and concurrently defining the
future: strengthening trust, reinforcing
accountability, creating consistency in
leadership and decision-making, and
bringing to life a culture that reflects
the next chapter of MBL.
This is the right time for MBL to
intentionally define and communicate
its strategic and cultural direction — to
articulate the vision for what the
organization aspires to become and to
operationalize “The MBL Way” as more
than a phrase, but as a lived employee
and customer experience.
MBL Phase II v3
4 Introducing Insight Strategies
Insight Strategies, Inc. (Insight) is a management consulting and training company based in Los Angeles, CA.
Insight has provided consulting, coaching, training, facilitation, and speaking services to an influential list of American, multi-national, and international organizations since its founding in 1994. Insight is a certified WBE and SBE in California.
Insight’s experience with transit clients is vast. Insight has been sought after by numerous transit and transportation agencies and organizations (entities) for supporting efforts focused on strategic planning; development of and alignment to vision, mission, values, and strategic priorities; performance management; developing SMAR²T measurable goals and KPI’s to track progress, leadership team alignment; delineation of roles and responsibilities; organizational and culture change; leadership development; process improvement; accountability; desired culture development, and more.
Insight’s approach to strategic planning goes beyond developing stand-alone KPIs. Rather than producing a list of disconnected measures, we focus on defining SMAR²T strategic goals, clarifying cross-functional interdependencies, and cascading actionable objectives from agency-wide strategic priorities to every level of the organization. This ensures the strategic plan is a living, usable framework that guides decision- making and performance – rather than a document that exists solely for reporting or archival purposes.
Insight is known for being outcomes-based. We establish trust and excel at gaining buy-in for initiatives with individuals and groups. By understanding the ability to impact strategies, processes, skills, behaviors, and people, Insight utilizes the nuances of “moving” individuals, teams, and organizations toward their vision. Building relationships, creating momentum, and focusing on outcomes are as important as Insight’s technical capabilities.
With over 30 years’ experience consulting with executives and organizations on organizational excellence, Insight has crafted an Organizational Health & High-Performance Framework© that has consistently proven to be successful towards accomplishing lasting results. Organizations achieve success • when employees see themselves and the roles they play in the mission (“the why”) and aspirational vision of the
organization;
• when strategies and goals (“the what”) are clearly defined and aligned to the mission and vision;
• when key processes (“the how”) anchor the mission, vision, and strategies into the day-to-day operations – driving employee effectiveness and accountabilities; and
• when the right people (“the who”) are in the right places, doing the right things, with the right skill sets, and the right mindsets to implement the strategies and goals and reflect the desired culture.
Culture trumps everything! As leaders…embracing, demonstrating, and reinforcing the desired culture everyday motivates employees to stay and bring their full selves to the job.
Ensuring all components are maximized and aligned results in an organization’s ultimate success. (See graphic)
MBL Phase II v3
5 What Differentiates Insight Strategies?
• Commitment of a Managing Partner (MP) 100% of the time – Unlike other consultancies, our MPs don’t make cameo appearances…they are committed up until the point of completion. • Insight goes beyond stand-alone goal/KPI setting by creating high-level strategic agency priorities, then aligning strategic agency goals cross-functionally, and then ensuring all measurable goals cascade vertically down to individual contributors – creating a living strategic plan that is activated at all levels.
• Insight has worked with 70+ transit and transportation agencies and organizations across the United States—we understand the business.
• Insight understands what fosters teamwork and has a proven track record of bringing teams together to achieve shared meaning, synergy, and results. • Insight’s 30+ years of experience working with a diverse client mix affords an understanding of multiple challenges facing all sizes and types of organizations and has allowed us to develop and collect best practices.
• Insight is nimble, agile, and employs a collaborative style… building on the mind trust of our clients.
• Insight understands the importance of, and is skilled at, enrolling key influencers and stakeholders to create buy-in, momentum, traction, and trust in the process. • Insight comes alongside, collaborates with, and honors what’s unique about each client, their region, and its customers, constituents, and community. • The Insight team has a complement of both staff and line experience – understanding the unique pressures that operations faces daily.
• Insight is outcomes based and understands the importance of metrics (quantitative and qualitative) to gauge success.
• Some of the most respected transit leaders can vouch for Insight’s work – John Soria, Stephanie Wiggins, Paul Skoutelas, Jim Derwinski, Erin Rogers, Gary Thomas, Carita Ducre, Kenneth McDonald, Mona Babauta, Alva Carrasco, Carolyn Flowers, Therese McMillan, Peter Rogoff, Phil Washington, and Kristin Warsinski, to name a few.
Insight’s Transit, Transportation, and Mobility Clients (70+)
MBL Phase II v3
6 Insight’s Strategic Planning Framework©
Insight’s Strategic Planning Process is a comprehensive, structured approach that ensures every aspect of an agency – its people, culture, systems, and goals – are aligned with a shared vision for the future. The process begins with clear communication and a collaborative kick-off, followed by a deep dive into the agency’s culture and employee experience. Insight works closely with the Director/CEO/GM and executive team to develop a strategic and visionary narrative, strengthen strategic versus tactical thinking, and build leadership alignment and team cohesion.
Through a facilitated, step-by-
step approach, Insight guides
agencies in crafting and refining
their mission, vision, and values,
defining leadership roles and
responsibilities, and building
change management readiness.
Using Insight’s SWOT² Analysis
(which incorporates strengths,
weaknesses, opportunities,
threats, and industry trends),
the process identifies key
strategic priorities and
translates them into measurable
organizational and departmental
goals.
From there, Goal Cascading
Workshops and
Interdependency Agreements
ensure cross-functional
alignment and collaboration.
The process concludes with the
development of a Follow-Up and
Accountability Plan. The result is
a living, actionable strategic plan—one that aligns people, performance, and priorities to drive the agency’s mission and long-term success.
Key Strategic Plan Differentiators:
• As part of our strategic planning process, Insight facilitates a cross-departmental "interdependencies" conversation to ensure agreement/alignment occurs across all functions regarding the highest priority goals of the organization. • Insight has discussed transit trends with hundreds of mid-level and senior executive transit leaders across the U.S. and will integrate those findings into MBL’s thinking and planning. • Insight has a keen understanding of the challenges faced in transit (e.g., post COVID-19 impacts; ridership decreases; shortages of bus/rail operators, mechanics, and technicians; micro transit; funding availability; Federal administrative changes; electric buses/trains; TNCs; trends within the workplace, customers, financials & funding, products & services, etc.).
MBL Phase II v3
7 • MBL will benefit from the knowledge and best practices Insight has learned about leadership cohesiveness and the leadership team’s understanding of their roles/responsibilities from inception to implementation.
• Understanding that this will be MBL’s first Agency Strategic Plan – there will be a learning curve involved with the members of the team who will be participating in the process. Insight Strategies has created an approach that will develop the strategic plan with a “learning labs” approach to the workshops. We have found that this approach mitigates any fears and increases critical thinking skills throughout the process for all participants.
Nature/Scope of Insight’s Experience in Strategic Planning In the past 10 years, Insight has provided Strategic Planning development, support, and facilitation to multiple public sector (as well as private sector) agencies and organizations including:
Baton Rouge Capital Area Transit System
(CATS)
California Transit Training Consortium (CTTC)
City of Laguna Beach
Community Transit
Gold Coast Transit District (GCTD)
Jaunt
LA Metro (departmental)
Lea+Elliott, Inc.
Long Beach Transit (LBT)
Omnitrans
Parking Concepts, Inc. (PCI)
Riverside Transit Agency
RTD Denver
Sound Transit
SunLine Transit Agency
Washington State Transit Insurance Pool (WSTIP)
Women in Transportation (WTS-OC and WTS-LA)
Insight’s Success Stories (Case Studies)
Below are examples of Insight’s work supporting organizations through strategic planning and organizational alignment initiatives. Strategic plans for each of these case studies are available upon request.
Riverside Transit Agency (RTA)
Description of Services: RTA partnered with Insight on a comprehensive organizational development initiative, beginning with focus groups and one-on-one interviews, along with an employee survey to capture employee perspectives. These insights were compiled into a Voice of the Employee Report, which featured quick wins and recommendations. Insight then worked with RTA to develop a roadmap and communication plan to implement recommendations.
The Voice of the Employee report was also used to inform the SWOT² analysis and the development of a strategic plan. Through executive and leadership alignment workshops, Insight guided RTA in refining its mission, vision, values, strategic priorities, and agency goals, culminating in a Board presentation of the Agency Strategic Plan. To support the plan’s success, Insight also helped define leadership competencies, provided targeted training, and conducted a thorough review of the performance management system, followed by implementation training.
One year after the baseline assessment and survey were initiated, Insight conducted a follow-up employee survey to measure the impact of its recommendations alongside RTA’s changes, innovations, and updates.
The results were remarkable: RTA improved across every category, demonstrating measurable progress and the successful implementation of strategies that strengthened employee engagement, performance, and organizational culture.
MBL Phase II v3
8 Kristin Warsinski – CEO, Riverside Transit Agency
“As a new CEO, I partnered with Insight to develop a Strategic Plan that sets the organization's tone and clearly defines my vision for Riverside Transit Agency. Teri led a comprehensive strategic planning process that helped us clarify our mission, vision, values, and strategic priorities, while also incorporating employee voice through an agency-wide assessment. Insight’s work strengthened alignment and accountability at all levels of the organization. Teri challenged the staff, which helped stimulate invaluable dialogue amongst the Executive Leadership Team. Insight Strategies was a thoughtful, collaborative, and highly effective partner, and I would recommend them for any strategic or organizational development engagement.”
End Case Study
SunLine Transit Agency
Description of Services: When SunLine Transit welcomed new CEO Mona Babauta, she sought clarity in the agency’s strategic direction and engaged Insight Strategies to guide SunLine through a strategic planning process and performance management renovation effort. The process began with an agency-wide employee assessment (Voice of the Employee – VOE) to understand baseline perceptions, and to inform the SWOT² analysis. Insight worked with the executive team to develop a cohesive mission, vision, and values, along with SMAR²T Agency Strategic Priorities. Insight presented a Strategic Plan document with all that information to the Board of Directors.
Building on these priorities, and to ensure the strategic plan was a living document activated agency-wide, Insight worked with teams across the agency to identify interdependencies and department-level goals, which were then cascaded down to individual contributors. Insight facilitated a series of SMAR²T goal and goal-cascading workshops to ensure alignment from the executive level to every employee, connecting daily work to the agency’s strategic plan and overarching goals. Through this process, Insight also supported culture activation, helping SunLine operationalize its values and desired culture while integrating change management strategies to support adoption and long-term engagement.
MBL Phase II v3
9 The next step of Insight and SunLine’s partnership focused on a comprehensive performance management overhaul to ensure alignment between individual performance goals and agency strategic priorities. Insight conducted a discovery process to understand current processes and worked closely with the HR and executive teams to design and implement new standards, processes, and procedures. This included revised rating scales, merit alignment, addressing ratings inflation, leadership competency development, and the overhaul of key performance management components. Insight also supported the assessment and selection of a technology tool tailored to SunLine’s specific needs, ensuring the system could support both performance tracking and strategic goal alignment. Lastly, Insight worked with employees at all levels, with customized training on how to prepare, write, deliver, and receive performance reviews.
Tamara Miles – Chief of Human Relations, SunLine Transit Agency “Insight Strategies has been an exceptional partner in SunLine Transit Agency’s organizational and leadership development journey. Insight has not only provided valuable tools and frameworks but has also become a trusted advisor and partner in our ongoing efforts to invest in our people and create a workplace where every employee can thrive. We are grateful for the meaningful impact they’ve had on our agency and look forward to continuing our partnership in the years ahead.”
End Case Study
Gold Coast Transit District
Description of Services: When Gold Coast Transit District (GCTD) sought to develop a comprehensive strategic plan, they turned to Insight Strategies for guidance. GCTD faced challenges such as a lack of team alignment, undefined organizational culture, inconsistent goals and competing priorities. Insight Strategies began by conducting a thorough assessment of the team dynamics and facilitated workshops to define the desired culture and core values.
Insight worked closely with GCTD’s executive team to revise the mission and vision statements, ensuring they reflected the organization’s goals and aspirations. Additionally, goal cascading workshops were conducted to translate high-level strategic goals into actionable objectives for all team members.
As a result, GCTD experienced improved alignment and cohesion among team members, a clear understanding of the organizational culture, and enhanced leadership competencies. With updated mission and vision statements and robust performance management practices in place, GCTD was well-equipped to navigate future challenges and seize growth opportunities. Insight Strategies’ holistic approach provided GCTD with a clear roadmap for achieving their strategic objectives and ensuring long-term success.
MBL Phase II v3
10 End Case Study
City of Laguna Beach
Description of Services: Insight Strategies was asked to consult with the City of Laguna Beach on developing their mission, vision, and values as a primer to their strategic plan.
The workshop included input from leaders across departments, and under the guidance of the City Manager, the workshop focused on developing the City’s mission and values, while infusing the workshop with team alignment and a discussion on the City’s desired culture. Insight was asked to return and facilitate the development of a vision statement with the City Council, which is now featured on the City’s website.
Aggie Nesh – Director of HR & Risk
Management, City of Laguna Beach
“Insight was contacted to develop the City of
Laguna Beach’s Mission, Vision, and Values.
Insight’s expert facilitation provided a clear
path for our departments to come together
and define what is most important to the City. We couldn’t be happier with the results, and I would recommend Insight to any city seeking to define its purpose and shape a brighter future.”
End Case Study
MBL Phase II v3
11 Insight’s Understanding and Approach
As MBL continues building on the positive momentum emerging across the organization, there is a timely opportunity to clearly articulate a shared Mission, Vision, Values, Strategic Priorities & Measurable Goals, and Desired Culture that reflect who the Agency is today – and who it aspires to be in the future.
Insight understands that MBL is seeking a partner to lead a focused, structured, and inclusive process to develop a clear and compelling Strategic Plan that:
• Assists the Director in the development of his strategic and visionary narrative • Identifies the top Strategic Priorities and Measurable Goals that reflect MBL’s mission and desired future state (Vision)
• Reflects MBL’s role as a regional mobility provider and public steward • Aligns leadership and staff around a shared sense of purpose and direction • Supports organizational growth, decision-making, and accountability • Resonates with internal stakeholders and the communities MBL serves
We recognize that this effort is not simply a branding exercise, but a way to strengthen organizational alignment. A well-defined Mission, Vision, Values, and Desired Culture will provide a unifying touchstone for leadership, staff, partners, and stakeholders. Clearly defined Strategic Agency SMAR²T goals will establish organizational priorities, create line of sight from frontline employees to executive leadership, and ensure that employees across all levels of the agency understand how their roles contribute to MBL’s strategic priorities. These priorities will help unify the organization around shared goals, support accountability and decision-making, and provide a practical framework for measuring progress and success.
Insight Strategies brings the facilitation expertise, industry understanding, and practical approach needed to guide MBL through this process. We are confident in our ability to support MBL in developing a Strategic Plan that provides clarity, alignment, and a strong foundation for the agency’s next chapter.
Draft Scope of Work
Task
# Description Estimated # of
Days
1 Project Initiation, Discovery, and Communication
• Discovery: Note this is minimal as Insight has assessed MBL’s current state. Discovery for the strategic plan will be focused on: Current mission, vision, and values, KPIs, internal tracking and measuring processes, etc.
• Launch: Meet with the project team (MBL’s Assistant Director and Transit Admin Manager + Insight’s Project Manager) to discuss the process; uncover potential issues/obstacles; finalize the timeline and next steps
• Communication: Insight will provide sample communications to MBL including a ghost-written letter from the Director of Transportation to distribute to all employees, introducing Insight, the process, and next steps
1.0 Days
(at PM Rate)
2 In collaboration with the Director, Develop his Strategic and Visionary Narrative
3.0 Days
MBL Phase II v3
12 Insight will work closely with the Director to develop and personalize a Strategic and Visionary Narrative that clearly communicates his vision, leadership expectations, the agency’s direction, strategic priorities, and desired culture. Insight will also provide recommendations and strategies for how the narrative can be operationalized and reinforced throughout the organization.
3 Strategic Planning Workshops and Learning Labs + Development of Strategic Plan Document
Team alignment concepts and activities integrated throughout
Estimated 4-5 Leadership Team Workshops to Include:
• Kick-off and set the table for the strategic planning process • Revisit Insight’s OHHP Framework© and Goal Cascading Framework© • Develop MBL’s Mission and Vision statements
• Develop MBL’s Guidepost for Decision-making
• Revisit assessment and survey findings
• Introduce key concepts such as Strategic Thinking, Accountability Practices, Change Management, Growth Mindset, etc.
• Discuss “Current State of the Business & Industry Trends” • Develop Strategic Priorities
• Conduct SWOT² Analysis
• Conduct a SMAR²T Goal Workshop
• Develop high-level strategic goals
• Prioritize across all strategic goals and seek cross-functional support agreements
• Determine MBL’s desired culture and establish MBL’s Leadership Uniform
• Integrate team alignment concepts
• If time allows: Develop MBL’s Leadership Competencies • If time allows: Develop next level down SMAR²T goals
6.0 Days
(includes
development,
preparation, and
delivery)
4 Project Meetings and Project Management
• Internal (Insight) and external (MBL-Insight) meetings • Project Management to include up/downstream actions, materials, discussions, scheduling, logistics, etc.
2.5 Days
(at PM Rate)
Proposed Insight Team
• Project Lead & Consultant/Facilitator: Teri Fisher, CEO & Managing Partner • Narrative Development and Consultant/Facilitator: Kevin Catlin, President & Managing Partner • Project Manager: Catie Butler, Operations Director & Managing Partner • Logistics: Kim Babao, Executive Admin
MBL Phase II v3
13 MBL’s Investment
Insight’s Published 2025-26 Rate Structure:
• Principal Consultant rate = $4,500/day (MBL’s discounted rate will be $4,200/day) • Consultant/Trainer/Instructor = $4,100/day
• Project Manager = $3,000/day
Insight Strategies strives for rate equity across our clients relative to similarities in volume, types and complexity level of services required/requested, length of relationship, travel requirements, etc.
Travel expenses: N/A – local client
Task # Description Est. # of Days
1 Project Initiation and Launch 1.5
2 Develop the Director’s Strategic and Visionary Narrative 3.0 3 Strategic Planning Workshops and Learning Labs (includes preparation and delivery) + Development of Strategic Plan Document 8.0+ 4 Project Meetings & Project Management 2.5
Est. Total: 15.0 Days $59,400
Discounted Flat Rate $49,800
Next Steps
• Solidify scope of work and contract
• Schedule meetings: project launch, project kick-off, leadership team workshops
As trusted partners…we cultivate greatness in organizations and people by improving performance, affecting culture, and raising the bar.
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4454
WITH INSIGHT STRATEGIES INC.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into on January 14, 2026 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and INSIGHT STRATEGIES (the "CONSULTANT"). The CITY and the CONSULTANT are sometimes referred to herein individual as the "Party," and jointly as the "Parties."
RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide organizational health assessment services in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
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. Proposal referenced and Best Final Offer received by the successful proposer.
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 prov1s1ons is set forth fully in Exhibit "A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide HEAL TH AND HIGH PERFORMANCE
PROFESSIONAL SERVICES AGREEMENT NO. 4454
ASSESMENT services set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services"). c. The CONSUL TANT 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").
The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written "Notice to Proceed" (as further defined below) by the CITY and shall expire WHEN SERVCES ARE COMPLETED OR NO LATER THAN JUNE 30, 2026, unless terminated earlier as hereinafter provided.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY's applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSUL TANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSUL TANT.
e. The CONSUL TANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this
PROFESSIONAL SERVICES AGREEMENT NO. 4454
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e mail (an "Electronic Notice" as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY:
With a copy to:
If to Consultant:
City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
City of Montebello - Department of Transportation
Attn: John Soria, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 887-1625 ext. 1315
Email: [email protected]
Insight Strategies, Inc.
Attn: Teri Fisher, Founder, CEO, Managing Partner
2340 Plaza Del Amo
Torrance, CA 90501
310.783.9263
Email: [email protected]
An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSUL TANT will take affirmative action to ensure that sub consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSUL TANT covenants that it presently has no interest and shall not
PROFESSIONAL SERVICES AGREEMENT NO. 4454
acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSUL TANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSUL TANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSUL TANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSUL TANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4454
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. ("CITY")
CITY OF MONTEBELLO
Raul Alvarez, City Manager
ATTEST:
Christopher Jimenez (Jan 15, 2026 23:52:43 PST)
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
ArtUJ-UJ M. AWtU"ez-tj�
Arnold M. Alvarez-Glasman {Jan 15, 2026 20:32:17 PST)
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A - Consultant's Proposal
• Exhibit B - Schedule of Compensation
("CONSULTANT")
INSIGHT STRATE GIES, INC
Teri1tsher
Teri Fisher (Jan 15, 202610:24:00 PST)
Teri Fisher, Founder, CEO, Managing
Partner
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4418 TO WEST COAST ARBORISTS, INC. FOR URBAN FOREST
MANAGEMENT PLAN GRANT IMPLEMENTATION SERVICES
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Rescind the prior award of the professional services Agreement No. 4419 to TreePeople, Inc. for Urban Forest Management Plan grant implementation services due to the firm’s formal withdrawal from the project; and
2. Award Professional Services Agreement No. 4418 to West Coast Arborists, Inc. in the amount of $597,500 payable from Cal Fire grant funds in Account No. 249- 30-320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services -utside Contracts); and
3. Authorize the City Manager to execute Professional Services Agreement No. 4418 in good faith; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
On August 13, 2025, City Council adopted Resolution No. 25-11 accepting the State Department of Forestry and Fire Protection (CAL FIRE) Urban Forest Management Plan (UFMP) Grant Agreement No. 8FG23407 in the amount of $777,500. Authorization was also provided to amend the Fiscal Year 2025-26 budget to include appropriations of $777,500 in Account No. 249-30-320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services-Outside Contracts).
Staff recommend awarding Professional Services Agreement No. 4418 to West Coast
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
Arborists, Inc. in the amount of $597,500. There is no change to the approved project budget or grant award amount associated with this consultant substitution.
BACKGROUND/DISCUSSION:
Staff previously requested and received authorization to submit an urban forestry funding application under the California Department of Forestry and Fire Protection’s Urban Forestry Program. The Urban and Community Forestry Program works to expand and improve the management of trees and related landscapes throughout California by advancing the development of sustainable urban and community forests.
On September 4, 2025, staff released Request for Proposals (RFP) No. 26-02 for Urban Forest Management Plan services through PlanetBids. The City received three proposals by the September 25, 2025 submission deadline from the following firms: Davey Resource Group, TreePeople, Inc., and West Coast Arborists, Inc.
Following evaluation of the proposals based on qualifications, experience, project approach, references, and cost, TreePeople, Inc. was identified as the most responsive and responsible proposer and was subsequently awarded an agreement by the City Council.
During the early stages of the project, TreePeople formally withdrew from the contract and relinquished its responsibilities under the agreement. To maintain project continuity, preserve the project schedule, and ensure compliance with grant requirements, staff evaluated available alternatives and determined that West Coast Arborists, Inc. (WCA), the next lowest responsive and responsible proposer under RFP 26-02, was qualified to assume the consultant role.
Staff subsequently submitted a grant amendment request to CAL FIRE seeking approval for the consultant substitution and revised project implementation structure. CAL FIRE approval was requested to allow WCA to assume responsibility for implementation of the Urban Forest Management Plan project consistent with the originally approved grant objectives and performance period.
Under the revised structure, WCA will assume responsibility for project management and coordination; completion of a comprehensive public tree inventory utilizing GIS based data management; urban tree canopy assessment utilizing LiDAR or satellite verification; development and adoption support of the Urban Forest Management Plan; community engagement activities; coordination and implementation of planting 500 public shade trees; administration of the distribution of 250 residential trees; establishment and maintenance of newly planted trees; and ongoing data management, reporting, and grant compliance support.
WCA will also provide grant administration and reporting assistance to ensure compliance with all applicable federal and state requirements, including 2 CFR Part 200, USDA regulations, and CAL FIRE grant provisions. The City of Montebello will remain the grantee of record and continue overseeing all contractual, fiscal, and reporting responsibilities.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
An urban forest management plan, based on current tree inventory data and analysis of available staffing, equipment, and budgetary resources, is an essential planning tool for protecting and enhancing the City’s urban forest. The program supports improved air and water quality, reduced energy consumption, enhanced aesthetics and property values, biodiversity, and expanded habitat opportunities while promoting long-term environmental sustainability and effective urban forest management practices.
The development of a comprehensive urban forest management plan and associated tree inventory utilizing Geographic Information System (GIS) capabilities will provide the City with valuable information regarding tree quantities, locations, conditions, maintenance requirements, and long-term sustainability strategies. This information will assist the City in developing rational maintenance priorities, resource allocation strategies, and future planning efforts for the care and preservation of the urban forest.
For the above-mentioned reasons, staff recommend awarding the professional services agreement to West Coast Arborists, Inc. to draft, manage, and oversee the Urban Forest Management Plan Grant and all associated CAL FIRE grant obligations.
Project performance under Grant Agreement No. 8FG23407 extends from March 26, 2025, through March 31, 2028. The proposed consultant substitution does not modify the overall grant term, approved budget, or core project objectives. The City has formally requested CAL FIRE's review and approval of the consultant substitution and associated scope modification to reflect West Coast Arborists, Inc. as the primary implementation contractor.
If State funding for any fiscal year is reduced or deleted for purposes of the Agreement, the State shall have the option to either cancel the Agreement with no liability occurring to the State, or if possible and desirable, offer an amendment to reflect the reduced funding amount available for the project.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
TreePeople, Inc. formally withdrew from the Urban Forest Management Plan project following their being awarded the original professional services agreement. To maintain project continuity and ensure fulfillment of the City’s CAL FIRE grant obligations, staff recommend awarding the agreement to West Coast Arborists, Inc., the next lowest responsive and responsible proposer under RFP 26-02.
The proposed consultant substitution maintains the original intent, scope, deliverables,
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
and outcomes of the approved project with no change to the approved grant budget. Upon City Council approval, staff will proceed with execution of Agreement No. 4418 and implementation of the recommended actions.
ATTACHMENT(S)
1. Attachment A - West Coast Arborists Professional Services Agreement No. 4418
2. Attachment B - TreePeople Montebello Services Agreement Withdrawal Letter
3. Attachment C - WCA Proposal - WCA Montebello CAL FIRE
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4418
FOR URBAN FOREST MANAGEMENT PLAN GRANT IMPLEMENTATION
SERVICES
(RFP No. 26-02)
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 WEST COAST ARBORISTS, INC., (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional to manage and oversee the urban forestry management grant; and
W HEREAS, the CONSULTANT represents that it is f ully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, the CONSULTANT responded to CITY’s Request for Proposal dated September 25, 2024 (“RFP No. 26-02”) as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference.
NOW THE REFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement comprised of Sections 1 through 25, and its various Exhibits
b. RFP No. 26-02, attached hereto as Exhibit “A”
c. Consultant’s Response to RFP No. 26- 02, attached hereto as Exhibit “B”
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.
Attachment A
SECTION 2. SERVICES / COMPENSATION.
A. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFP No. 26-02 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONSULTANT shall complete the Professional Services in a timely manner, and in accordance with an agreed- upon work schedule to be determined by the Parties.
C. CONSULTANT shall be compensated in the amount not-to-exceed Five Hundred Ninety-Seven Thousand and Five Hundred Dollars ($597,500) (the “Compensation”) for the performance of the Professional Services as set forth in Exhibit “A”. CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Professional Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
F. On-Call Services. The CONSULTANT understands and
acknowledges that this is an “on -call” agreement, execution of which does not guarantee that the CITY will issue a Notice to Proceed (“NTP”). No work shall commence by the CONSULTANT without a written NTP issued by authorized CITY personnel.
SECTION 3. TERM.
This Agreement shall commence on May 27, 2026, and shall terminate on March 31, 2028 (“Date of Completion”); unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONSULTANT shall employ, at a minimum, generally accepted standards a nd practices utilized by companies engaged in providing similar services, as a re required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of a nd sub ject to al l CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, a dditional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. However, claims for money due or which become due to the CONSULTANT from the CITY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents sh all be m ade available for inspection by the CITY upon request.
f. The CONSULTANT’s Reports or Meetings:
i. The CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator or Project Coordinator to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. ii. The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY d uring and upon comp letion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No ex tra ser vices over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non- defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prev ent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as prov ided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all pre vious payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or ag ents shall h ave control o ver the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay sa lary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall n ot be liable for compensation to the CONSULTANT , the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a p artnership, joint venture, emp loyment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be e ligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for Cal PERS b enefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise
be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby a gree to waive any c laims to, a ny compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall d efend, indemnify, protect a nd hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or d amages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. S uch insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the ne cessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that p olicies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required un der this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written no tice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its d uties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any su bcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any p rovision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs a nd necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and th is
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writi ng and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), p ersonally or on the second (2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepaid, register ed or c ertified, addr essed as h ereinafter pro vided. All noti ces, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
If to the
CONSULTANT:
West Coast Arborists, Inc.
Patrick Mahoney, President
2200 E. Via Burton
Anaheim, CA 92806
(714) 991-1900
[email protected]
An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental h andicap, mental co ndition or sexual orientation. The CONSULTANT will take affirmative action to e nsure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the pe rformance of its services h ereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's co venant under this section shal l sur vive the termination of this Agreement.
SECTION 25. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.
a. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. b. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to the CITY. d. When a CONSULTANT or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
SECTION 26. RETENTION OF RECORDS/AUDITS.
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and the CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at al l reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. The CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
SECTION 27. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
a. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
i. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renew al, amendment, or modification of this Agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a m ember of Congress in connection with this Agreement, the CONSULTANT shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying.”
b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. c. The CONSULTANT also agrees by signing this document that he or she shall require that the l anguage of this ce rtification be incl uded in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
SECTION 28. NON-DISCRIMINATION CLAUSE AND STATEMENT OF
COMPLIANCE.
a. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
b. During the performance of this Agreement, the CONSULTANT and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant f or employment because of race, religious creed, color, national origin, ancest ry, physical disability, me ntal disability, m edical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.
Code §§11135-11139.5, and the regulations or standards adopted by the CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d. The CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said department or the CITY shall require to ascertain compliance with this clause.
e. The CONSULTANT and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
f. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. g. The CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall,
on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
h. The CONSULTANT shall comply with regulations relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
i. The CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan (as set forth in Section 30), the CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
SECTION 29. DEBARMENT AND SUSPENSION CERTIFICATION.
a. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
iv. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to LOCAL AGENCY.
Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action c. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
SECTION 30. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PARTICIPATION.
This Agreement is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” (also referred to as “DBE”). The CONSULTANT shall assist the CITY in a good faith effort to achieve California's statewide overall DBE goal and applicable requirements pursuant to 49 CFR 26.
SECTION 31. ENTIRE AGREEMENT.
This Agreement contains the e ntire u nderstanding between the CITY a nd the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO WEST COAST
ARBORISTS, INC.
Raul Alvarez, City Manager Patrick Mahoney,
President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 26-02
• Exhibit B – Consultant’s Proposal to RFP No. 26-02
• Exhibit C –Appendix A
Exhibit “A”
RFP No. 26-02
Exhibit “B”
CONSULTANT’S Response to RFP No. 26-02
Exhibit “C”
APPENDIX A
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non- discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin disc rimination includes discrimination becaus e of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
[End of Exhibits]
2/13/2026
Cesar Roldan
Director of Public Works
City of Montebello
Transmitted via email
Dear Mr. Roldan,
TreePeople respectfully withdraws its bid (RFP 26-02) for the Urban Forest Management Plan. As a result, TreePeople will forgo entering into the proposed service agreement (No. 4419) with the City of Montebello.
This decision has been made after careful review of the funding terms in light of recent changes to TreePeople’s financial thresholds for new funding agreements. TreePeople remains committed to supporting the City of Montebello’s goals to expand and preserve tree canopy and hopes to partner on future endeavors.
If you have any questions or concerns please contact David Pineda Senior Director of Strategy and Impact at [email protected].
Sincerely,
Casandra Rauser
Chief Executive Officer
treepeople.org 12601 Mulholland Drive, Beverly Hills, CA 90210 Attachment B
City of Montebello
CAL FIRE PROJECT
City of Montebello IRA UCF
Grant Agreement # 8FG23407
Attachment C
Client Name / RFP Name
2 Table of Contents
1. LETTER OF INTEREST .......................................................................................................... 3
2. PROJECT UNDERSTANDING & APPROACH ........................................................................ 4
3. RELEVANT EXPERIENCE ..................................................................................................... 8
4. PROPOSED SCOPE OF SERVICES ....................................................................................... 13
5. CONFLICT OF INTEREST STATEMENT ............................................................................. 14
6. COST PROPOSAL – SEPARATE FILE .................................................................................. 15
Client Name / RFP Name
4 2. PROJECT UNDERSTANDING & APPROACH
Project Understanding
WCA understands that the City of Montebello’s objective is to implement a comprehensive urban forestry program that includes completion of a citywide tree inventory, canopy assessment, development and adoption of a Urban Forest Management Plan (UFMP), and implementation of tree planting and community engagement efforts. The project is funded through CAL FIRE’s IRA Urban and Community Forestry Program and requires adherence to strict reporting, compliance, and performance standards. The project must also support long-term urban forest sustainability, increase canopy coverage, enhance climate resilience, and incorporate meaningful community input into planning and implementation.
Project Approach
WCA will complete a comprehensive citywide inventory of public trees in accordance with ISA and CAL FIRE standards. An ISA-Certified Arborist will oversee all field data collection to ensure accuracy and consistency across all public spaces including streets, medians, parks, public facilities, and rights-of-way.
Tree and site data will be collected and cataloged to include species, site type, condition, maintenance recommendations, tree height, and diameter measurements (DBH/DSH). In addition, WCA will identify and map vacant planting sites to support future planting initiatives and strategic canopy expansion.
A canopy assessment will be performed to establish baseline canopy coverage and identify priority planting areas. All inventory and canopy data will be delivered in GIS-compatible formats and integrated into the ArborAccess platform to provide the City with a long-term urban forest management tool.
WCA will develop the City’s UFMP using a data-driven and community-informed approach. The plan will incorporate inventory findings, canopy analysis, and stakeholder input to establish long-term goals, management strategies, maintenance standards, and planting priorities.
The UFMP will include draft and final versions for City review and adoption and will align with ISA best management practices and applicable City policies. WCA will also support coordination with City staff and stakeholders throughout the development and adoption process.
WCA will implement a robust community engagement program to support UFMP development and project implementation. This will include community workshops, stakeholder meetings, and surveys to gather input on urban forest priorities, planting preferences, and environmental goals.
Public outreach efforts will also include educational materials and tree care resources to support long-term stewardship and community participation in the City’s urban forestry program.
WCA will coordinate the procurement, delivery, and installation of 500 public shade trees in accordance with UFMP priorities and City direction. WCA will also support the distribution of 250 residential trees, including coordination, education, and documentation.
All planting activities will follow industry best practices and will include documentation of tree locations and attributes for integration into the City’s inventory and maintenance system.
WCA will provide full project management services, including regular coordination meetings with City staff, schedule management, deliverable tracking, and ongoing communication to ensure project alignment and timely completion. WCA will support the City in meeting all CAL FIRE grant requirements, including preparation of narrative reporting, quarterly and final performance reporting, invoicing support, and documentation required for compliance with 2 CFR Part 200.
WCA will maintain project records, track deliverables and expenditures, and assist the City in responding to any audit, monitoring, or reporting requests associated with the grant
Client Name / RFP Name
5 ArborAccess
In today's changing financial environment,
municipalities must continually search for ways to
maximize their budget dollars. Agency staffs are
being asked to find "real" long-term solutions and are
searching for areas where operations can be
performed more effectively and efficiently, or both.
One such area is tree maintenance; however, an
efficient tree maintenance plan stems from a clear
and concise tree inventory.
ArborAccess is a versatile tree inventory software
that is device agnostic, meaning it can be accessed
from any device, including iPads, iPhones, Androids,
and Windows devices. It works on any browser,
including Chrome, Edge, and Safari. ArborAccess is
designed and maintained in- house, ensuring that the
software is always up-to-date and functioning optimally. As a product for the customers, by the customers, ArborAccess continuously adds new features and welcomes feedback from users. The collaborative program allows both WCA and customer users to work together to create lists, work orders, and identify trees. Users can also add trees, insert work history, and much more, making ArborAccess a comprehensive solution for tree inventory management.
West Coast Arborists, Inc. (WCA) will provide the following:
A digitized inventory and assessment database of all trees located within the City locations as directed by Agency staff
An Arc-view/ArcInfo compatible file in a Windows-based format Develop tools that will assist the City in meeting their tree goals Provide training for these tools to City staff
Provide all data developed or created for this project to the City in an electronic editable format
Produce a final project report (“Inventory Deliverable”)
No subcontractors will be utilized for this project.
ArborAccess Features
Mobile app
Live data
GIS/GPS mapping
View tree site details
View work history
View invoices
Ease of use
Recycling Reports
Client Name / RFP Name
6 Software Training & Capabilities
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience.
We offer periodic tree maintenance and management workshops each year. These free workshops are provided to our customers regionally and educate over 250 people annually. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.
Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture.
Software Updates/Technical Support
WCA proposes the following:
• Unlimited telephone and/or e-mail support to answer questions and aid City staff in the use of the software system.
• Provide training to City staff as needed. Conduct periodic workshops for software users. • Provide routine maintenance, archive, backup, restore, and disaster recovery procedures upon request from the City. Provide upgrades upon release from WCA.
Software Capabilities:
• Compatible with the City’s existing and future versions of ESRI ArcGIS • Support for Windows and OS products within the current City standards • Multi-seat capability
• Assignable rights for various levels of access
• Management and reporting capabilities
• Work order capability
• Import and export historical service data
• Specifically written for urban forest management.
• Ability to export all fields for interaction with other future Asset Management software • Web-based and app based
• Universally compatible with Android, Windows, Google, etc. • Map-based
• Ability to query any data field attribute such as, species, dbh, location, condition, etc.
Client Name / RFP Name
7 Sample: Species Frequency Report
The Species Frequency report can assist your Agency in identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation, deadly disease, or even estimating future maintenance costs. In addition, an analysis can be performed to evaluate the history of the performance of a particular species within your Agency.
Sample Management Tools: Detailed
Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess’
built-in quality control features
assist in data accuracy. As
maintenance is performed, the work
history is updated and accompanied
with bi-weekly invoices. This
process eliminates the need for
dual-inputting and helps keep the
tree inventory current and accurate.
Client Name / RFP Name
8 Setting the Gold Standard
3. RELEVANT EXPERIENCE
CITY OF NORWALK SINCE 1999
WCA updated the City’s inventory and existing Urban Forest Management Plan to incorprate current ASI A300 standards and ISA Best Management practices.
WCA also provides routine tree maintenance services such as pruning, removals, planting, and other arborist services.
Contact: David Beltran, PW Supervisor
12700 Norwalk Blvd., Norwalk, CA 90650 ~ (562) 445-2339 ~ [email protected]
BUDGET: $618,000 (Annually)
CITY OF MONTEREY PARK SINCE 1997
WCA provides annual services of tree maintenance as needed within the city.
Work includes watering, trimming, pruning, planting, removal and replacement of trees and plants and is routine, recurring and usual. WCA maintains all tree maintenance records in ArborAccess.
Contact: Xochitl Tipan, Public Works Manager
320 W. Newmark Ave., Monterey Park, CA 91754 ~ (626) 307-1291 ~ [email protected]
BUDGET: $670,000 (Annually)
CITY OF ALHAMBRA SINCE 1997
WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks. WCA assisted the City in developing a Master Plan for the urban forest. In 2012 the GPS inventory was updated to reflect the circumstantial changes effected by the storm damage in 2011. The City’s tree population is over 18,500 trees.
Contact: Janell Mathani, Urban Forest Administrator
111 S. First Street, Alhambra, CA 91801 ~ (626) 308-4874 ~ [email protected]
32BANNUAL BUDGET: $800,000
Client Name / RFP Name
9 Setting the Gold Standard
Firm Qualifications
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,300 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California, Arizona, Texas, and New Mexico.
OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality, and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:
LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com
CORPORATE OFFICE
2200 E. Via Burton St.
Anaheim, CA 92806
REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA
CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
FIELD MANAGEMENT
Tim Crothers, PHC Manager
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN
Client Name / RFP Name
10 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,300+ employees
• 350+ contracts with public agencies
• 100+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 yrs
• Avg. 46,000 trees removed annually over past 3 yrs
• Avg. 20,000 trees planted annually over past 3 yrs
• Avg. 250,000 trees inventoried annually over past 3 yrs • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government • Sales volume over $220 million annually
• Fleet of approximately 1,700 pieces of equipment
Active Memberships:
Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
Western Chapter International Society of
Arboriculture (WCISA)
Client Name / RFP Name
11 Setting the Gold Standard
Key Staff and Team
GONZALO REGALADO Area Manager
Gonzalo Regalado has over 20 years’ experience in the tree care industry as he joined WCA, Inc. in 2002. During his career, he has earned many promotions within the company; from Groundman to Tree Trimmer to Foreman to Supervisor and now as Area Manager. He has achieved necessary certifications and completes continued education units to maintain his credentials. As an Area Manager, he will be the Agency’s main point of contact as he is responsible for providing customer service, estimating work, while managing filed operations and crews throughout the Southeast Los Angeles region. His experience includes managing large contracts such as City of Bell, City of Pico Rivera, City of Santa Fe Springs, and the City of Whittier.
• ISA Certified Arborist/Tree Worker Climber Specialist #WE-9952AT • TCIA Certified Treecare Safety Professional (CTSP) #03952 • ATSSA Traffic Control Technician #459653
JOSE DELREAL Area Supervisor
Jose DelReal has over 10 years’ experience working with WCA and currently supervises more than 35 employees in the Southeast Los Angeles region. Responsibilities of the Project Supervisor includes assisting the Area Manager in scheduling, overseeing the crew’s daily activities, employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site.
• ISA Certified Arborist/ Tree Worker Climber #WE-11231AT • TCIA Certified Treecare Safety Professional (CTSP) #3514 • ISA Tree Risk Assessment Qualified
• TLC Wildlife Aware
DAIZY CASTRO Customer Service Rep.
As the CSR (Customer Service Representative), Daizy Castro is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Ms. Castro is responsible for responding to customer service inquires and facilitating contracting functions, such as:
mapping, underground service alert, data entry, field book preparation, list preparation, etc.
Client Name / RFP Name
12 Setting the Gold Standard
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018 and is an ISA Certified Arborist. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more.
He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
• FAA UAS Part 107 Remote Pilot
Client Name / RFP Name
13 Setting the Gold Standard
4. PROPOSED SCOPE OF SERVICES
West Coast Arborists, Inc. proposes to perform all services necessary to complete the Urban Forest Management Plan project in accordance with CAL FIRE Grant Agreement No. 8FG23407 and the City’s project requirements.
Deliverables
WCA will provide the following deliverables:
• Complete citywide public tree inventory and vacant site assessment • LiDAR-based canopy assessment and analysis
• GIS-compatible data deliverables and integration into ArborAccess or equivalent platform • Community engagement program including workshops, surveys, and outreach materials • Draft and final Urban Forest Management Plan for City review and adoption • Procurement, delivery, and installation of 500 public shade trees • Coordination and support for distribution of 250 residential trees • Documentation of all planting and maintenance activities for integration into City systems • Ongoing project management, coordination meetings, and progress reporting • Support for grant administration, including quarterly reporting, financial documentation, and compliance tracking
Compliance and Timeline
WCA acknowledges that the project performance period extends through March 31, 2028 and will adhere to all project milestones, reporting deadlines, and grant requirements established by CAL FIRE.
All work will be performed in compliance with applicable federal, state, and local regulations, including 2 CFR Part 200, CAL FIRE grant guidelines, and ISA and ANSI A300 standards. WCA will support the City in maintaining compliance with all reporting, financial, and audit requirements throughout the duration of the project.
Client Name / RFP Name
14 Setting the Gold Standard
5. CONFLICT OF INTEREST STATEMENT
West Coast Arborists, Inc. has no conflict of interest.
Client Name / RFP Name
15 Setting the Gold Standard
6. COST PROPOSAL – SEPARATE FILE
Appendix “B”
Cost Proposal
Budget Item
Description
Total
Urban Forest
Management Plan
(UFMP)
Project reporting Completion and adoption of the Urban Forest Management Plan. Reporting through eCivis, coordinating internal and external meetings with City staff and Cal Fire staff (as needed per the scope of work defined in the RFP).
$___________
_
Trees
Project
management
Installation and tree care for 500 public shade trees, with climate-ready training information and data transfer from consultant to City staff. Coordination with tree provider.
$___________
_
Distribution of 250 no-cost take-home trees for residents, including tree care commitment agreements, with planting and tree care advisement provided by the consultant.
$___________
_
Outreach/Education
Community
Workshops and
Community
Engagement
Synthesized survey results on the resident perceptions and priorities for the urban forest Community engagement and education events for urban conservation.
$___________
_
Long term
Young Tree Care
Establishment
Long-term maintenance funds for young tree establishment costs
$___________
_
TOTAL $___________
_
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: FISCAL YEAR 2026-27 CONFIRMATION OF ANNUAL TAX RATE FOR
VOTER APPROVED INDEBTEDNESS
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Review and adopt the attached resolution establishing property tax override rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2026-27; and,
2. Direct staff to forward the resolution to the Los Angeles County Auditor Controller within the required time limit; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Voters in the City of Montebello have twice approved a property tax override (PTO) rate to fund the City’s participation in the California Public Employees Retirement System (PERS). This voter approved property tax override revenue is utilized to fund annual debt service on the Series 2020 Pension Obligation Bonds (POBs) (issued in June 2020 to retire the City’s unfunded actuarial liability) as well as pay for all ongoing pension related costs.
The table below presents historical actuals and the Fiscal Year 20267-27 proposed (forecasted) revenue in Fund 205 (Retirement Fund):
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
As the table above shows, the FY 2021-22 actuals were $14.667 million, FY 2022-23 actuals of $16.530 million, FY 2023-24 actuals of $17.176 million and FY 2024-25 actuals were $18.098 million. The majority of that revenue is from property tax assessments – inclusive of former redevelopment agency project areas. For FY 2026-27, the projected revenue for the Retirement Fund is $20.420 million. Using actuals from FY 2021-22 to 2024-25, the average year-over-year change in revenue has been 7.3%. The FY 2026- 27 budget forecasts a 12.8% increase over FY 2024-25 -- primarily due to the increased assessed value from the Metro Heights development.
The attached resolution (Attachment A) sets the property tax override rate and allows it to be assessed for FY 2026-27. In turn, the revenue collected will be utilized for the purposes for which it was established: paying all expenses related to the City’s contract with PERS to provide retirement benefits to its safety and miscellaneous employees as well as pay the annual debt service on the Series 2020 POBs.
BACKGROUND/DISCUSSION:
Voters in the City of Montebello have twice approved a property tax override (PTO) rate to fund the City’s participation in the California Public Employees Retirement System (PERS). Elections were first held on July 9, 1946, initially establishing the PTO. A second vote was held on March 2, 1976, affirming the property tax override rate. The City Council subsequently adopted Ordinance No. 2148 in 1996, which codified the tax rate at $0.197875 per $100 of assessed valuation (City of Montebello Municipal Code Section 3.28.020).
The revenue from the property tax override can only be used to pay for retirement system related expenses. The City records receipt of these revenues – collected through the annual property tax assessment process managed by the County of Los Angeles – in a special fund (Fund 205). The revenues received are used to pay the annual unfunded actuarial liability (UAL) and normal cost (i.e., ongoing) expenses to PERS.
On May 13, 2020, the City Council approved the issuance of $154 million in Pension Obligation Bonds (POBs) to address Montebello’s pension related unfunded actuarial liability (UAL). The issuance of the POBs extinguished the existing UAL, as of the June 30, 2018 actuarial valuation report. The PTO revenue is utilized to pay the annual debt service on the POBs, as well as all normal cost expenses and future UAL bases established by subsequent actuarial valuations.
The County of Los Angeles Auditor-Controller requires the City of Montebello to submit an approved resolution each year that shows the setting of the rate. The attached resolution (Attachment A with Exhibit A) fulfills this requirement and allows the rate to be
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
placed on property tax statements. There is no change to the rate, it remains fixed at $0.197875 per $100 of assessed value.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Employee retirement expenditures by the City are funded through voter-approved indebtedness authorized by elections held on July 9, 1946 and March 2, 1976. The proposed tax rate of $0.197875 was set by Montebello Municipal Code Section 3.28.020, adopted by the City Council in 1996. There is no change to this tax rate for Fiscal Year 2026-27, it remains the same as previous years.
The resolution (Attachment A) setting the override tax rates must be submitted to the Los Angeles County Auditor Controller’s office at the beginning of each fiscal year in order for the tax rate to be placed on the property rolls. Assessing the property tax override will allow the City to meet its obligations to bond holders, paying annual debt service on the $154 million in POBs issued in 2020.
The retirement expenditures will be paid solely from the Retirement Special Revenue Fund (Fund 205), as codified in Montebello Municipal Code section 3.28.020. No General Fund revenues will be used to pay for the retirement expenditures.
ATTACHMENT(S)
1. ATTACHMENT A - Resolution Annual Property Tax Rate Retirement FY 2026_27, 05_27_2026
2. EXHIBIT A - FY 2026_27 Retirement Pension Tax Override Rate For Districts
RESOLUTION NO. 26-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO FIXING THE RATE OF TAXES AND LEVYING
TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2026
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That for the purpose of raising the sums of money necessary to be secured by taxation upon the taxable property in the City of Montebello, as a revenue to pay the indebtedness of said City for the fiscal year beginning July 1, 2026, the rates for the different portions of said City are hereby fixed and taxes are hereby levied on all taxable property in the different portions of said City for the fiscal year beginning July 1, 2026, in the number of cents upon One Hundred Dollars of the assessed value of said property as assessed and equalized in the manner prescribed by law, and for the purposes set forth in the following table, the taxes levied upon property in each portion of said City hereinafter described and designated by a district number which is prefixed to the description of such portion of said City as hereinafter stated:
TAXATION DISTRICT NO. 1. Consisting of all that portion of the City of Montebello not included in Taxation District Numbers 1, 2, 3, 13, 2S, MB Hills 1, MB Hills 3, Commerce RD PR 1, MB Hills 76 Annex 1, 1 MERP and 2 MERP.
TAXATION DISTRICT NO. 2. Consisting of all that territory annexed to the City of Montebello in the following annexation proceedings:
(1) “Annexation No. 2 (Link Belt)”, annexed by Ordinance No. 869, adopted on February 11, 1960, effective date, March 14, 1960;
(2) “Annexation No. 3 (Bethlehem Steel)”, annexed by Ordinance No. 868, adopted on February 11, 1960, effective date, March 14, 1960; (3) “Annexation No. 4 (Conier)”, annexed by Ordinance No. 886, adopted on February 11, 1960, effective date, March 14, 1960;
(4) “Annexation No. 10”, annexed by Ordinance No. 968, adopted on November 21, 1961, effective date, December 22, 1961, and (5) “Annexation No. 127”, annexed by Ordinance No. 998, adopted on November 26, 1962, effective date, December 27, 1962.
TAXATION DISTRICT NO. 3. Consisting of all that territory annexed to the City of Montebello in the following annexation proceedings:
(1) “Annexation No. 1, 1A”, annexed by Ordinance No. 1025, adopted on June 25, 1963, effective date, July 26, 1963;
(2) “Annexation No. 13”, annexed by Ordinance No. 1026, adopted on June 25, 1963, effective date, July 26, 1963;
(3) “Annexation No. 17”, annexed by Ordinance No. 1027, adopted on June 25, 1963, effective date, July 26, 1963;
(4) “Annexation No. 18”, annexed by Ordinance No. 1118, adopted on February 24, 1965, effective date, March 27, 1965;
(5) “Annexation No. 19”, annexed by Resolution No. 8150, adopted on February 27, 1967, effective date, March 23, 1967;
(6) “Annexation No. 21”, annexed by Ordinance No. 1304, adopted on August 12, 1968, effective date, September 12, 1968;
(7) “Annexation No. 23”, annexed by Resolution No. 9157, adopted on August 10, 1970, effective date, August 21, 1970;
(8) “Annexation No. 25”, annexed by Ordinance No. 1463, adopted on November 27, 1972, effective date, December 28, 1972;
(9) “Annexation No. 27”, annexed by Ordinance No. 1509, adopted on October 29, 1973, effective date, November 29, 1973;
(10) “Annexation No. 29”, annexed by Resolution No. 78-3, adopted on January 9, 1978, effective date, May 17, 1978;
(11) “Annexation No. 30-A”, annexed by Resolution No. 79-2, adopted on January 8, 1979, effective date, February 2, 1979; and
RESOLUTION No. 26-37
(12) “Annexation No. 31”, annexed by Resolution No. 79-91, adopted on June 25, 1979, effective date, July 18, 1979.
ASSESSED VALUATIONS AS OF FISCAL YEAR 2025-26:
TAXATION DISTRICT NO. 1 5,399,834,978
TAXATION DISTRICT NO. 2 24,833,848
TAXATION DISTRICT NO. 3 342,877,644
TAXATION DISTRICT NO. 1s 565,108,345
TAXATION DISTRICT NO. 2s 81,889,109
TAXATION DISTRICT NO. MB HILLS 1 1,069,324,148
TAXATION DISTRICT NO. MB HILLS 3 554,667,977
TAXATION DISTRICT NO. MB HILLS 76 ANNEX 1 178,217,370 TAXATION DISTRICT NO. 1 MERP 751,058,758
TAXATION DISTRICT NO. 2 MERP 29,053,752
TAX RATES FOR THE ABOVE TAXATION DISTRICTS LISTED IN
ATTACHMENT A
SECTION 2. That the City Clerk shall attest and certify the passage and adoption of this resolution and it shall become effective immediately upon its approval.
APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2026
_______________________
Georgina Tomayo, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _______________________________ Christopher Jimenez, City Clerk Arnold Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution 26-37 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 27th day of May, 2026 and that said resolution was adopted by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
______________________________
Christopher Jimenez, City Clerk
City of Montebello EXHIBIT A
Exhibit A to Resolution Fixing the Rate of Taxes and Levying Taxes for FY 2026-27 City Council Meeting of May 27, 2026
DIST. DIST. DIST. DIST. DIST. DIST. DIST. MB HILLS DIST. DIST. #1 #2 #3 #1s #2s #MB Hs 1 #MB Hs 3 76 ANNEX #1 MERP #2 MERP
STATE RETIREMENT FUND OBLIGATION OF THE
CITY TO THE STATE EMPLOYEES RETIREMENT
OF CITY EMPLOYEES AUTHORIZED AT
ELECTIONS HELD ON JULY 9, 1946 AND MARCH
2, 1976.
0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 TOTAL 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875
EXHIBIT A TO ATTACHMENT A
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD AGREEMENT NO. 4484 TO VOLTAIRE ENGINEERING, INC.
FOR CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945)
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award Agreement No. 4484 to Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (Sign) (CP 945) as the most responsive, responsible bidder for the amount of $342,879 payable from Account No. 221-70-744-6040.10 (Measure A Local, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts) and Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts); and
2. Approve a 10% construction contingency in the amount of $34,287; and
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $77,166 in Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts); and
4. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and
5. Authorize the City Manager to execute the Agreement No. 4484 and all change orders in good faith; and
6. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Staff recommend awarding Agreement No. 4484 to Voltaire Engineering, Inc. as the most responsive and responsible bidder for the amount of $342,879, which will award the base bid and alternative bid. Additionally, a 10% construction contingency in the amount of $34,287 is requested in the event of any unforeseen unaccounted costs, risks, events,
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $377,166.
Funding for this project will be distributed as follows: $300,000 from Account No. 221-70- 744-6040.10 (Measure A Local, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts) and $77,166 in Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts). The recommended actions require amending the Fiscal Year 2025-26 budget by increasing appropriations by $77,166 in Account No. 250-70- 744-6040.10. The $300,000 in appropriations was included in the adopted Fiscal Year 2025-26 budget in Fund 221, therefore no budget amendment is needed to utilize Measure A (Parks) funding.
BACKGROUND/DISCUSSION:
Community gardens play an important role in enhancing the quality of life in the City of Montebello by promoting public health, strengthening community connections, and supporting the City’s sustainability and equity goals. These shared spaces provide residents with access to fresh, affordable produce, encourage healthy lifestyles through outdoor activity, and create opportunities for neighbors of all ages and backgrounds to engage with one another. In addition, community gardens contribute to environmental stewardship by improving air quality, supporting pollinators, and transforming underutilized spaces into attractive, active community assets that promote neighborhood pride and positive use of public areas.
The Notice Inviting Bids (NIB) was published on April 10, 2026, in a local newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on May 6, 2026. The following is the tabulation based on the order of when the bids were received:
Base Bid
Contractors Total
1 Prestige Prime Engineering $291,240
2 Voltaire Engineering, Inc. $317,879
3 OrangeBlue General Contractor,
Inc.
$368,790
4 Kasa Construction, Inc. $418,340
5 Ironwave Builders $442,483
6 ProWest Engineering, Inc. $528,875
Alternate Bid
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
Contractors Total
1 Prestige Prime Engineering $307,540
2 Voltaire Engineering, Inc. $342,879
3 OrangeBlue General Contractor,
Inc.
$383,290
4 Kasa Construction, Inc. $440,840
5 Ironwave Builders $456,008
6 ProWest Engineering, Inc. $532,725
The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Staff determined that the lowest bidder omitted the costs associated with surveying and materials testing from their bid submission. Staff contacted the bidder to clarify whether these services would be self-performed. However, the bidder confirmed that subcontractors would have been required to perform the surveying and materials testing services. As these required costs were not included in the bid proposal, the bid was determined to be nonresponsive.
Based on the analysis, staff recommendation is to award Voltaire Engineering, Inc. the agreement (Attachment A) for this project as the most responsive, responsible bidder.
The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend the City Council award Agreement No. 4484 (Attachment A) to Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (CP 945) as the lowest responsive and responsible bidder in the amount of $342,879; and, approve a construction contingency in the amount of $34,287, bringing the total project budget to $377,166; amend the Fiscal Year 2025-26 budget by increasing appropriations by $77,166 in Account No. 250-70-744-6040.10 (Park Development, Parks and Recreation, Parks and Rec Capital Projects, Contract Services-Outside Contracts); authorize the City Clerk to release the bid bonds of all unsuccessful bidders; and authorize the City Manager to execute Agreement No. 4484 and approve change orders as necessary for the completion of the project.
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
ATTACHMENT(S)
1. Attachment A - Construction Contract No. 4484 Voltaire Engineering
2. Attachment B - CP 945 Rebid Results
PUBLIC WORKS AGREEMENT NO. 4484
WITH VOLTAIRE ENGINEERING INC.
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on May 27, 2026 , (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and VOLTAIRE ENGINEERING INC. , a California corporation (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to establish a community garden to enhance the quality of life in the CITY by promoting public health, strengthening community connections, and supporting the City’s sustainability and equity goals.
WHEREAS, the CITY duly advertised a Notice Inviting Bids on April 10, 2026, for the Chet Holifield Community Garden Project (CP 945) (“PROJECT”).
WHEREAS, on May 27, 2026, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the CONTRACT DOCUMENTS are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.
b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:
1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.
2. Appendices
Attachment A
PUBLIC WORKS AGREEMENT NO. 4484
3. Standard drawings
4. Details
5. Special Provisions, if any
6. Addendums
7. General Specifications and all referenced specifications
8. Bidders Proposal
9. Instructions to Bidders
10. Notice Inviting Sealed Bids
SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expire on December 31, 2026, unless terminated earlier as hereinafter provided. This Agreement may be extended up to a six (6) month period upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.
SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of Three Hundred Forty-Two Thoursand Eight Hundred Seventy-Nine ($342,879) which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder . Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.
4.1. Progress Payments
PUBLIC WORKS AGREEMENT NO. 4484
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.
Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.
4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5 %) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.
4.3. Substitution of Securities
Pursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.
Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.
SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement,
PUBLIC WORKS AGREEMENT NO. 4484
and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.
SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT on or before December 31, 2026.
SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.
d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
8.1. CONTRACTOR License.
PUBLIC WORKS AGREEMENT NO. 4484
CONTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.
8.2. Ineligible CONTRACTOR Prohibited.
Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
8.3. Compliance with SB 854 Registration.
This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
8.4. Trench and Pipeline Safety.
If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.
8.5. Utility Relocation.
The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
8.6. Third Party Claims Notification.
The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.
8.7. Unfair Business Practices Claims.
The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or
PUBLIC WORKS AGREEMENT NO. 4484
the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
8.8. Day’s Work.
CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
8.9. Payroll Records.
CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
8.10. Employment of Apprentices.
Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.
8.11. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
SECTION 9. PREVAILING WAGES
PUBLIC WORKS AGREEMENT NO. 4484
a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS.
b. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.
PUBLIC WORKS AGREEMENT NO. 4484
SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A . The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore , if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY for the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder . Such sum is liquidated damages and
PUBLIC WORKS AGREEMENT NO. 4484
shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
SECTION 14. DISPUTE RESOLUTION
14.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.
14.2 Public Contract Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:
1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.
2. The CITY must respond within 45 days as to which claims are disputed and undisputed.
3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.
4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.
5. All undisputed claims shall be paid within 60 days.
SECTION 15. TERMINATION.
15.1. Termination for Convenience.
The CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession
PUBLIC WORKS AGREEMENT NO. 4484
belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
15.2 Termination for Default.
If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.
15.3 Waiver of Remedies for any Breach.
In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.
SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
SECTION 17. COMPLIANCE WITH APPLICABLE LAWS
PUBLIC WORKS AGREEMENT NO. 4484
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.
SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.
SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.
SECTION 21. ATTORNEY’S FEES AND COSTS
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees
PUBLIC WORKS AGREEMENT NO. 4484
or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.
SECTION 23. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: Voltaire Engineering, Inc.
Attn: Peter Delgado, CEO
Address: 1460 Cambridge Ave.
Redland, CA 92374
Phone: (951) 736-7600
Email: [email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned,
PUBLIC WORKS AGREEMENT NO. 4484
conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECTION 26. COUNTERPARTS
This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
PUBLIC WORKS AGREEMENT NO. 4484
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.
CITY OF MONTEBELLO
(“CITY”)
By:
___________________________________
Raul Alvarez, City Manager
Date:
__________________________________
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM
_____________________________________
Arnold M. Alvarez-Glasman, City Attorney
VOLTAIRE ENGINEERING, INC.
(“CONTRACTOR”)
By:
________________________________
Peter Delgado, CEO
Date:____________________________
EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal
EXHIBIT “A”
INSURANCE REQUIREMENTS
On or before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR ’s obligations to provide indemnity under this Agreement.
1. Comprehensive General Liability and Automobile Liability Insurance Coverage.
CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
Minimum coverage: Bodily injury limits of $ 1,000,000 for each person and $1 ,000,000 for each occurrence; property damage limits of $1 ,000,000 for each occurrence, $2,000,000 aggregate.
Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);
A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($ 2,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. Automobile Liability.
CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $1 ,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation.
CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that
CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4. Additional Insureds.
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.
5. Notice of Cancellation.
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6. Severability Clause.
Each of the policies of insurance shall contain a clause substantially as follows:
The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.
7. Qualifications of Insurer.
All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.
8. Approval of Insurer.
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9. Payment of Premiums.
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.
10. Subrogation.
To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against the City of Montebello under all the required insurance for any loss arising from or relating to this Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.
11. Evidence of Insurance and Claims.
CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY ’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
(Use of City Bond Form is Required)
EXHIBIT “B”
PERFORMANCE BOND
PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.
NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
_________________________
City Attorney
(Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..
NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Ag reement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's
fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement , plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
This document is signed by the respective parties on the dates next to their names.
Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
________________________
City Attorney
EXHIBIT “D”
Contractor’s Proposal
15,000 15,000
1,500 1,500
50.00 2,350
3.00 5,238
50 1,000
25 2,575
1,000 1,000
22 5,368
2,500 5,000
1,680 1,680
125 2,626
11.50 34,592
80 2,160
90 11,340
330 16,830
6,500 6,500
85 20,485
175 17,325
85 15,725
152 40,736
3,500 3,500
2,500 2,500
160 24,800
4,500 18,000
150 1,950
17,000 17,000
5,500 5,500
400 800
3,200 3,200
9,600 9,600
4,000 4,000
18,000 18,000
VOLTAIRE ENGINEERING, INC.
CEO, CFO, SEC.
317,879
20,000
5,000
THREE HUNDRED SEVENTEEN THOUSAND, EIGHT HUNDRED AND SEVENTY NINE
PRESTIGE PAVING COMPANY
14656 Industry Circle La
Mirada CA 90638
LIC# 1110800
DIR# 1001110905
ASPHALT PAVING
SOUTHWEST INSPECTION &
TESTING, INC.
441 Commercial Way, La Habra,
CA - 90631
DIR# 1000015300
SOIL TESTING
ROBERTSONS READY MIX
200 S Main St #200, Corona,
CA 92882
DIR# 1000039563
On Point Land Surveying, Inc.
1906 Orange Tree Lane
Suite 240
Redlands, Ca 92374
CONCRETE DELIVERY AB219
SURVEY
PLEASE SEE ATTACHED.
Mark Hall | Insurance Agent-Broker
AZ Lic# 19711528 | CA Lic# 4079695 | NV Lic# 3684589
OR Lic# 19711528 | SC Lic# 19711528 | TX Lic# 2970960
Orr & Associates Insurance Services | License 0E63493
VOLTAIRE
ENGINEERING, INC.
COMPLETED AND ON-GOING PROJECTS
Instagram @VOLTAIRELLC44
2/27/2026
PETER DELGADO
CSLB # 1120610 Class. A.B.
DIR # PW-LR-1001073453
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected]
CITY OF HEMET
project: Various Street Pedestrian Improvements – CIP 5770 Started 10/20/25 -COMPLETED 1/20/26
Contract Amount: $822,876
Darrel Scholes- Tel 951-840-8738
Senior Inspector
[email protected]
CITY OF MONTEBELLO
Project: RIO HONDO PHASE 2 LED BILLBOARD CIP 4372
STARTED 11/24/25 ON GOING
Contract Amount: $437,518
Adan Ramirez- Tel 323-887-1462
Project Manager
[email protected]
City of Montebello/Public Works Department
CITY OF INDIO
Project: SHADOW AVE PEDESTRIAN IMPROEMENTS. Started
9/2/25 -Completed 9/29/25
Contract Amount: $311,086.99
Donn Uyeno PE
760.391.4028
[email protected]
City of Indio/Public Works Department
2 CITY OF MURRIETA
Project: GLEN ARBOR DOG PARK. Started 4/23/25 -Completed 8/22/25
Contract Amount: $1,154,000
Brian Crawford- Tel 951-461-6047
Project Manager
[email protected]
City of Murrieta /Public Works Department
CITY OF MONTEBELLO
Project: RIO HONDO IMPROVEMENTS. Started 2/7/25
-COMPLETED 5/5/25
Contract Amount: $437,518
Adan Ramirez- Tel 323-887-1462
Project Manager
[email protected]
City of Montebello/Public Works Department
CITY OF RIVERSIDE
Project: Santa Ana River Trail Improvements. Start 9/9/24 COMPLETED 11/21/24
Contract Amount: $232,037.00
David Hatch
Chief of Inspectors
[email protected]
City of Riverside/Public Works Department
3900 Main Street
Riverside, CA 92501
Direct: 951-826-5723
CITY OF LA CANADA FLINTRIDGE
Project: Berkshire Place Bridge over Flint Canyon Channel - Approach Barriers and Guard Rail: Start 8/5/24, completed 9/3/24
Contract Amount: $278,826.00
Maged El-Rabaa, P.E.
City Engineer
Public Works Department
3 City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
Office: (818) 790-8882,Ext 205 | E: [email protected] Pasadena Unified School District- 100% Completed 7/25/24 as a Sub for Building Resources Inc.
Project Name: - MAGNET ARTS MIDDLE SCHOOL Clearing & Grubbing of 25,000Sf of track, Remove & dispose of 462 tons of native soil. Import 560 Tons of Stabilized Decomposed Granite.
Contract Amount: $259,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
Perris Elementary School District- 100% Completed 6/21/24 as a Sub for Building Resources Inc.
Project Name: - CAMPUS FIRE ALARM UPGRADES- Demolition of 4 Modular buildings, Demo concrete, Demo asphalt, Over excavate and recompact.
Contract Amount: $221,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
CITY OF INGLEWOOD
100% Completed 6/4/23 IG @VOLTAIRELLC44
Project Name: “Vincent Park Soccer Field Parking Area
Improvement Project”
Contract Amount: $198,049.88
Contact Person: Kenrick Sanderlin, Associate engineer
Email: [email protected]
Tel: 310-412-5333
CITY OF CORONA
Slope Repair Project IG 100 % Complete 5/30/24
@VOLTAIRELLC44
Contract Amount: $478,759.02
Tel: Alan Zhang . Associate Engineer.
Office: 951-736-2236
Email: [email protected]
CITY OF RIVERSIDE
100% Complete 11/14/23 IG @VOLTAIRELLC44
Project Name: Rustin Ave sidewalk improvements
4 Contract Amount: $158,258.00
Contact Person: David Hatch, Chief of Inspectors. Email:
[email protected]
Tel: 951-826-5723
City of Rancho Cucamonga 100% Complete 11/16/23
IG@VOLTAIRELLC44
Project Name: Arbor Substation improvements
Contract Amount: $497,512.00
Contact Person: Trina Valdez,
Email: [email protected]
Utilities Operations Supervisor
Tel: 909-774-4014
City of Inglewood 100% Completed 12/11/23 IG
@VOLTAIRELLC44
Project Name: VINCENT PARK DECOMPOSED GRANITE PROJECT,
CB-23-16
Contract Amount: $190,800
Contact Person: Hung Nguyen-Hunter.
Email: [email protected]
Tel: 310-412-5111
County of Los Angeles Public Works 100% Complete. IG
@VOLTAIRELLC44 as Sub for HHJ
Project Name: Nicholas Canyon State Beach
Contract Amount: $360,000
Contact Person: Edward Kim, Project Manager
Tel: 818-335-3813
VOLTAIRE ENGINEERING, INC. PETER DELGADO
1460 CAMBRIDGE AVE, REDLANDS CA 92374
909-747-8414
1120610
2020 5/31/28
PETER DELGADO, CEO, CFO, SEC. [email protected]. 909-747-8414 EVETTE MENDOZA, VP. [email protected]. 909-747-8414 N/A
N/A
BID BOND
VOLTAIRE ENGINEERING, INC.
PETER DELGADO
Item No. Description Quantities Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization/ Demobilization (Not to exceed 3% of total of all other Prime Contract Bid Items) 1 LS $7,200 $7,200 $15,000 $15,000 $10,000 $10,000 $12,000 $12,000 $12,750 $12,750 $5,449 $5,449 2 Provide Traffic Control 1 LS $10,800 $10,800 $1,500 $1,500 $1,500 $1,500 $16,000 $16,000 $5,500 $5,500 $3,528 $3,528 3 Sawcut and Remove Existing AC Pavement and Native
Soil to provide clear depth 47 CY $76.60 $3,600 $50 $2,350 $350 $16,450 $180.00 $8,460.00 $240.37 $11,297 $456.02 $21,433 4 Sawcut and Remove Existing PCC Pavement and
Native Soil to provide clear depth 1,746 SF $4.54 $7,927 $3 $5,238 $10 $17,460 $4.00 $6,984.00 $6.71 $11,715.66 $17.69 $30,887 5 Sawcut and Remove Existing Curb & Gutter 20 LF $24 $480 $50 $1,000 $30 $600 $40 $800 $356.50 $7,130 $79.20 $1,584 6 Sawcut and Remove Existing Concrete V-Gutter 103 SF $12.82 $1,320 $25 $2,575 $50 $5,150 $18.00 $1,854 $72.57 $7,475 $27.13 $2,794 7 Sawcut and Remove Existing Concrete Curb Ramp 1 EA $1,080 $1,080 $1,000 $1,000 $1,200 $1,200 $700 $700.00 $9,775 $9,775 $2,442 $2,442 8 Remove Existing Landscape 244 CY $52.13 $12,720 $22 $5,368 $130 $31,720 $140.00 $34,160.00 $126.50 $30,866.00 $208.10 $50,776 9 Remove Existing Tree and Tree Roots 2 EA $1,760 $3,520 $2,500 $5,000 $5,000 $10,000 $2,000 $4,000 $2,645 $5,290 $2,176.50 $4,353 10 Remove Existing BBQ Equipment and Appurtenances 1 LS $402 $402 $1,680 $1,680 $3,300 $3,300 $500 $500 $575.00 $575 $1,952 $1,952 11 Construct Concrete Curb or Curb & Gutter 21 LF $52 $1,092 $125 $2,625 $65 $1,365 $60.00 $1,260.00 $133.33 $2,800 $154.81 $3,251 12 Construct Concrete Sidewalk (4"-Thick) 3008 SF $12.17 $36,607 $11.50 $34,592 $15 $45,120 $15.00 $45,120.00 $13.30 $40,006.40 $13.52 $40,668 13 Construct Concrete 34" wide PCC V-Gutter 27 SF $88.89 $2,400 $80 $2,160 $65 $1,755 $55.00 $1,485 $66.67 $1,800 $108.85 $2,939 14 Provide and Place 4" Thick Crushed Miscellaneous
Base (CMB) 126 CY $89.52 $11,280 $90 $11,340 $110 $13,860 $100.00 $12,600 $246.43 $31,050 $244.99 $30,869 15 Construct 4"-Thick Asphalt Concrete Overlay Type C2- PG 64-10 51 TON $352.94 $18,000 $330 $16,830 $600 $30,600 $340.00 $17,340.00 $294.12 $15,000 $444.67 $22,678 16 Construct Concrete Curb Ramp 1 EA $4,740 $4,740 $6,500 $6,500 $8,000 $8,000 $6,800 $6,800.00 $7,400.00 $7,400.00 $3,607 $3,607 17 Construct Mow Curb 241 LF $30.87 $7,440 $85 $20,485 $25 $6,025 $42.00 $10,122 $62.24 $15,000 $102.07 $24,599 18 Provide, Place and Compact 4" Stabilized
Decomposed Granite 99 CY $89.70 $8,880 $175 $17,325 $200 $19,800 $620.00 $61,380 $350.81 $34,730 $282.36 $27,954 19 Provide and Place Top Soil 185 CY $87.57 $16,200 $85 $15,725 $120 $22,200 $90.00 $16,650.00 $132.25 $24,466 $74.34 $13,753 20 Furnish and Install 6' High Black Vinyl Coated
Galvanized Chain Link Fence System 268 LF $94.40 $25,299.2 $152 $40,736 $100 $26,800 $100.00 $26,800.00 $101.20 $27,121.60 $133.70 $35,832 21 Furnish and Install 6' High Black Vinyl Coated
Galvanized Chain Link 8' wide Double Gates 1 EA $7,200 $7,200 $3,500 $3,500 $5,000 $5,000 $3,300 $3,300 $5,750 $5,750 $8,466 $8,466 22 Furnish and Install 6' High Black Vinyl Coated
Galvanized Chain Link Single Gate 1 EA $4,800 $4,800 $2,500 $2,500 $3,500 $3,500 $3,000 $3,000 $2,530.00 $2,530 $5,885 $5,885 23 Construct 18" Raised Planter Curb 155 LF $87.48 $13,559.4 $160 $24,800 $45 $6,975 $125.00 $19,375.00 $58 $8,990 $182.19 $28,239 24 Furnish and Install New Hose Bibb 4 EA $6,900 $27,600 $4,500 $18,000 $6,000 $24,000 $4,400 $17,600.00 $4,427.50 $17,710.00 $9,245.25 $36,981 25 Furnish and Install 6' Long Precast Concrete Wheel
Stops 13 EA $79.54 $1,034 $150 $1,950 $120 $1,560 $100 $1,300 $150 $1,950 $98.85 $1,285 26 Furnish and Install 4'W X 8'L X Varied Height
Galvanized Planter Box 1 LS $12,600 $12,600 $17,000 $17,000 $10,000 $10,000 $21,750 $21,750 $57,500 $57,500 $24,154 $24,154 27 Traffic Striping and Markings Including Accessible
Parking Stall 1 LS $8,510 $8,510 $5,500 $5,500 $5,000 $5,000 $3,600 $3,600.00 $5,175 $5,175 $2,065 $2,065 28 Furnish and Install Sign and Post 2 EA $385 $770 $400 $800 $150 $300 $500 $1,000.00 $1,150.00 $2,300.00 $999 $1,998 29 Furnish and Install Public Improvement Project Signs 1 EA $864 $864 $3,200 $3,200 $550 $550 $2,400 $2,400 $1,955 $1,955 $1,730 $1,730 30 Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties 1 LS $6,000 $6,000 $9,600 $9,600 $10,000 $10,000 $22,000 $22,000 $9,775 $9,775 $17,641 $17,641 31 Provide Material Testing Services as Directed by the Engineer - Allowance 1 LS $9,720 $9,720 $4,000 $4,000 $1,000 $1,000 $4,000 $4,000.00 $4,600 $4,600 $5,000 $5,000 32 Furnish and Install 20'W X 20'L X 10'H Shade Structure 1 LS $17,595 $17,595 $18,000 18000 $28,000 $28,000 $34,000 $34,000.00 $22,500 $22,500.00 $64,083 $64,083 $291,240 $317,879 $368,790 $418,340 $442,483 $528,875
34 Furnish and Intall Storage Shed 1 EA $11,500 $11,500 $20,000 $20,000 $10,000 $10,000 $20,000 $20,000 $9,500 $9,500 $2,700 $2,700 35 Furnish and Install 3-Bin Composter 1 EA $4,800 $4,800 $5,000 $5,000 $4,500 $4,500 $2,500 $2,500 $4,025 $4,025 $1,150 $1,150 $307,540 $342,879 $383,290 $440,840 $456,008 $532,725
TOTALS
ALTERNATIVE BID
TOTALS
Attachment B - Bid Results
Chet Holifield Park Community Gardens Project
Prestige Prime Engineering Voltaire Engineering, Inc. OrangeBlue General Contractors KASA Construction, Inc. Ironwave Builders ProWest Engineering, Inc.
Attachment B
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: ACCEPTANCE OF RIO HONDO COASTAL SPREADING GROUNDS FENCE REPLACEMENT PROJECT (CP 884) – NOTICE OF
COMPLETION
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884) as completed by J&A Engineering Corporation; and
2. Approve the final contract amount with J&A Engineering Corporation for the Project in the amount of $1,234,400 including change orders; and
3. Approve the Final Total Project Budget (Attachment A); and
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and
5. Authorize the release of the retention payment of $61,720 due to J&A Engineering Corporation following the mandatory waiting period from the date the Notice of Completion is recorded; and
6. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Final Project Budget, as detailed in Attachment A, indicates that the City Council previously approved a budget of $1,235,000 — including the $935,000 received from the State of California Department of Parks and Recreation and $300,000 from Gas Tax — for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884).
Additionally, Attachment A shows total expenses for the project amounting to $1,234,400, which includes the original agreement amount and change orders. This leaves a remaining funding balance of $600, which is available for reprogramming (i.e., Gas Tax
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
Fund).
BACKGROUND/DISCUSSION:
On August 13, 2025, the City Council approved an agreement of $1,045,500 with J&A Engineering Corporation for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884). Additionally, City Council authorized the Director of Public Works to review and approve change orders within a $189,500 contingency, bringing the total not-to-exceed project budget to $1,235,000.
The focal point of the project included replacement of chain link fencing along the Rio Hondo Coastal Spreading Grounds on Bluff Road between Sycamore Street and Mines Avenue. Several reasons for the replacement of the fence were that the existing fence was dilapidated and not serving its intended purpose of securing the public right of way.
The project proposed the replacement of the existing fence with a wrought iron fence that will result in aesthetic and safety improvements in the community.
It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the County Recorder’s Office for the project. Thirty-five (35) days after the recordation of the Notice of Completion by the County Recorder’s Office, the City will release all applicable bonds and release the retention if no stop notices are filed within the 35-day period.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council accept the Project as completed, approve the Final Project Budget and expenditures (Attachment A), including change orders; authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder and authorize the City Manager to release the retention payment due to J&A Engineering Corporation following the mandatory waiting period from the date the Notice of Completion is recorded.
ATTACHMENT(S)
1. Attachment A - Final Project Budget
2. Attachment B - Notice of Completion
Project Expenses Final Cost
Invoice #1 94,002.50$
Invoice #2 51,300.00$
Invoice #3 443,745.00$
Invoice #4 (Includes Partially Change Orders 1 & 2) 410,257.50$ Invoice #5 (Includes Partially Change Orders 1 & 2) 173,375.00$ Retention $ 61,720.00
Total Project Cost: 1,234,400.00$
Project Funding Budget Amount
Construction Contract Award Amount (City Council Meeting August 13, 2025) 1,045,500.00$ Construction Contingency (Awarded at the August 13, 2025, City Council Meeting) 189,500.00$ Total Project Budget: 1,235,000$
Remaining Project Balance 600.00$
Rio Hondo Coastal Spreading Grounds Fence Replacement Project - Landscape (CP 884) Attachment A
RECORDING REQUESTED BY
CITY OF MONTEBELLO
AND WHEN RECORDED MAIL TO
NAME CITY OF MONTEBELLO
CITY CLERK
STREET 1600 W Beverly Blvd.
ADDRESS
CITY Montebello,
STATE CA
ZIP 90640
SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Montebello
3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640
4. The nature of the interest or estate of the owner is: in fee.
(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
_______________________________________________________________________________________________
6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
____________________________________________________________________________________________
7. A work of improvement on the property hereinafter described was completed on May 27, 2026. The general scope of work consisted of fabrication and installation of steel wired fencing along Bluff Road between Sycamore Street and Mines Avenue.
8. The name of the contractor, if any, for such work of improvement was J & A Engineering Corporation .
August 13, 2025
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows : Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884)
Director of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on _________________, 2026 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
Attachment B
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in- interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.
For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.
In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.
As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is n o general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.
This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.
ITEM # 16
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 THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY (EPA) – REGION 9
ADMINISTRATIVE ORDER ON CONSENT
DATE: May 27, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to sign and execute the Administrative Order on Consent between the Unites States Environmental Protection Agency (EPA) – Region 9 and the City of Montebello; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Administrative Order on Consent (AOC) between the Unites States Environmental Protection Agency (EPA) – Region 9 and the City of Montebello requires the City to address environmental damage; specifically focusing on the mitigation and elimination of trash that makes its way towards bodies of water of the United States. These agreements are commonly used by the EPA to enforce environmental cleanup or repairs. The City set aside funds in Fiscal Year 2025-26 to add Automatic Retractable Screen (ARS) and Connector Pipe Screen (CPS) units on City-owned and maintained catch basins. CPS and ARS units are acceptable stormwater Best Management Practices (BMPs) devices that are designed to prevent trash and debris from entering catch basins.
The AOC also requires the City to add CPS and ARS units to Los Angeles County-owned and maintained catch basins. Individual cities within Los Angeles County are accountable for controlling their respective land use, and are ultimately responsible for generating trash, and responsible for the elimination of trash from entering the Los Angeles County-
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
owned and maintained catch basins and the stormwater conveyance system.
The cost to add CPS and ARS units in Los Angeles County-owned and maintained catch basins is approximately $1.7 million, of which the City is 100% responsible to solely fund this mandated cost. The cost is primarily due to the County requiring the City to resize the catch basins to support the hydraulic capacity of the system and mitigate any flooding when adding the CPS and ARS units. These costs may be partially funded through Measure W (Fund 229) Safe Clean Water Program. Additionally, staff will coordinate an exchange of Metro Proposition A funds (City’s annual allocation) to non-discretionary funds to pay for these enhancements.
BACKGROUND/DISCUSSION:
The EPA oversaw an assessment of the City of Montebello’s stormwater network. EPA and Los Angeles Regional Water Quality Control Board (LARWQCB) inspectors also conducted an offsite monitoring audit of the City’s compliance with its Municipal Separate Storm Sewer System (MS4) Permit from August 25 through October 29, 2020, and found multiple violations of the Federal Clean Water Act (Attachment 1 - MS4 Trash TMDL Program Compliance Inspection – January 2021).
EPA and the LARWQCB found the following violations:
• The City had not complied with the final water quality-based outflow limits for trash under its Permit.
• The City had not completed their Catch Basin Scoping Study or the Catch Basin Retrofit projects, both of which the City had declared it would complete under its response to the Notice of Violation issued by the Regional Board. • 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 in the City’s inventory.
The EPA required the City to provide the following:
• Submit a complete inventory of all catch basins that need full capture devices including those that either have partial or no trash capture devices. • Submit a completion schedule to install full trash capture devices on all catch basins for EPA approval.
City staff signed AOC (Attachment 2 – Montebello-AOC-04-28-22) in April 2022. The AOC is a legal agreement between the EPA and the City aimed at ensuring compliance with the Federal Clean Water Act regarding stormwater discharges. The 2022 AOC addressed violations related to the discharge of trash into the Los Angeles River and required the City to implement full trash capture devices in its stormwater management practices. Although the City executed the AOC in April 2022, as of May 2026 the City has not fully complied with the requirements set forth in the 2022 AOC. As a result, the City will be required to enter into a new AOC in 2026 that establishes a completion timeline
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026
for compliance with the original requirements.
City staff, the City Attorney’s Office, environmental consultants and design engineers met on a monthly basis with the EPA, their legal counsel and LARWQCB to discuss project implementation updates. City staff and the engineering design team commenced coordinating meetings with the County approximately 9 months ago to negotiate acceptable design parameters and obtain the proper permits to reconstruct the catch basins and install CPS and ARS units. County standards and specifications are required to be obeyed and utilized when seeking construction bids. City staff and the engineering design team continue to meet and submit plans for the County’s review and approval.
Various County departments review and comment on the City’s submitted plans.
The EPA’s updated AOC reflects their commitment to preventing pollution and protecting the environment. Implementation of the required structural enhancements associated with the catch basin protect the health and wellness of the residents in the region as well as the surrounding environment.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council authorize the City Manager to execute the Administrative Orders on Consent with the United States Environmental Protection Agency, Region 9.
ATTACHMENT(S)
1. Attachment A - MS4 Trash TMDL Program Compliance Inspection (January 2021)
2. Attachment B - Montebello - 2022 AOC
3. Attachment C - Montebello - 2026 AOC
4. Attachment D - Montebello Catch Basin Retrofit and Reconstruction Project Timeline
U.S. Environmental Protection Agency
Region 9
Enforcement Division
75 Hawthorne Street
San Francisco, CA 94105-3901
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TRASH TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAM
COMPLIANCE INSPECTION
CITY OF MONTEBELLO,
CALIFORNIA
INSPECTION REPORT
Inspection Dates:
August 25 - October 29, 2020
Report Date:
January 8, 2021
Attachment A
MS4 Trash TMDL Program Compliance Inspection
Montebello, California
_____________________________________________________________________________________ 2 Inspection Dates: August 25 – October 29, 2020
Contents
Executive Summary .................................................................................................................................... 3
1. Background ......................................................................................................................................... 4
1.1 Permittee Information ................................................................................................................ 4
1.2 General Information ................................................................................................................... 4
1.3 Los Angeles County MS4 Permits and Los Angeles River Watershed Total Maximum Daily Load Information .......................................................................................................................... 5
2. Inspection Process ............................................................................................................................... 5
3. City of Montebello Trash Program ................................................................................................... 6
3.1. Trash Capture ................................................................................................................................. 7
3.2. Catch Basin Inspection and Cleaning ........................................................................................... 8
3.3. Street Sweeping ............................................................................................................................... 8
4. Enforcement History .......................................................................................................................... 9
4.1. April 2019 Notice of Violation ........................................................................................................ 9
4.2. City Response to April 2019 NOV ................................................................................................. 9
5. Inspection Findings ........................................................................................................................... 11
Appendix A: Regional Board Site Visit Report, August 26, 2020 Appendix B: Catch Basin Before and After Fall Quarterly Cleaning Event, September 18, 2020
Appendix C: April 2019 Notice of Violation
Appendix D: City Response to April 2019 Notice of Violation
MS4 Trash TMDL Program Compliance Inspection
Montebello, California
_____________________________________________________________________________________ 3 Inspection Dates: August 25 – October 29, 2020
Executive Summary
From August 25 – October 29, 2020, the U.S. Environmental Protection Agency (EPA) Region 9, EPA contractor, PG Environmental, and the Los Angeles Regional Water Quality Control Board (Regional Board; hereinafter, collectively, the EPA Inspection Team) conducted a remote inspection of the municipal separate storm sewer system (MS4) program for the City of Montebello, California (hereinafter, City or Permittee). Specifically, the inspection was focused on assessing the accuracy and reliability of the City’s reported trash reduction efforts to meet final water quality-based effluent limitations for trash specified in the 2012 Los Angeles County MS4 Permit in accordance with the Los Angeles River Watershed Trash Total Maximum Daily Load (Trash TMDL).
The EPA Inspection Team identified four areas of potential non-compliance. Refer to Section
5.0, Inspection Findings, of this report for additional details.
1. At the time of the inspection, the City had not complied with the September 30, 2016 final water quality-based effluent limitations for trash set forth in the 2012 Los Angeles County MS4 Permit (Permit).
2. At the time of the inspection, the City had not completed all tasks listed in the Summary of Completion Dates included as part of the City’s response to the April 2019 Notice of Violation (NOV) issued by the Regional Board to address non-compliance with the 2012 Los Angeles County MS4 Permit and Trash TMDL.
3. At the time of the inspection, the EPA Inspection Team noted three catch basins within the City that were not equipped with full trash capture systems and that potentially discharge to the Rio Hondo River (and subsequently the Los Angeles River). Two of these three catch basins were not readily identifiable or potentially included on the City’s catch basin inventory and it was unclear if the City had plans to retrofit these catch basins.
4. Although the City’s process for catch basin cleaning was found to be thorough and conducted more frequently than required by the Permit, the EPA Inspection Team observed the potential for wash water from the City’s catch basin power washing activities to discharge to the MS4.
MS4 Trash TMDL Program Compliance Inspection
Montebello, California
_____________________________________________________________________________________ 4 Inspection Dates: August 25 – October 29, 2020
1. Background
1.1 Permittee Information
a. Permittee Name: City of Montebello, CA
b. Permittee Contact: James Enriquez, Director of Public Works [email protected] c. Waste Discharge Identification (WDID) No.: 4 19M1000140
1.2 General Information
a. Dates of Inspection: August 25 – October 29, 2020
b. Weather Conditions: Inspection calls with the City of Montebello were conducted virtually. On August 26, 2020, Los Angeles Regional Water Quality Control Board staff conducted visited the City of Montebello during which the weather was sunny and clear. c. City Representatives: James Enriquez (Director of Public Works, City of Montebello), Chelsea Emilio (Environmental Scientist/NPDES Coordinator, Infrastructure Engineers), Gabriel Gutierrez (Engineering Supervisor, Infrastructure Engineers), and Nejteh Der Bedrossian (Operations Manager, Nationwide Environmental Services). d. US EPA Region 9 Representatives: Jamie Marincola (Stormwater, Wetlands and Oil Supervisor, Enforcement and Compliance Assurance Division Water Section II) and Lawrence Torres (NPDES Compliance Unit, Enforcement and Compliance Assurance Division Water Section II).
e. US EPA Contractor Representative: Anthony D'Angelo (Environmental Scientist, PG Environmental).
f. State/Local Representatives: Ivar Ridgeway (Senior Environmental Scientist, Los Angeles Regional Water Quality Control Board (Regional Board)), Angineh Shahnazarian (Environmental Scientist, Regional Board), and Alireza Rahmani (Water Resource Control Engineer, Regional Board).
g. Federally Enforceable Requirements Covered During the Inspection:
Stormwater discharges and certain non-stormwater discharges from the City of Montebello’s (the City’s) municipal separate storm sewer system (MS4) are authorized by the "ORDER NO. R4-2012-0175 as amended by State Water Board Order WQ 2015- 0075 and Los Angeles Water Board Order R4-2012-0175-A01 NPDES PERMIT NO.
CAS004001WASTE DISCHARGE REQUIREMENTSFOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) DISCHARGES WITHIN THE COASTAL
WATERSHEDS OF LOS ANGELES COUNTY, EXCEPT THOSE DISCHARGES ORIGINATING FROM THE CITY OF LONG BEACH MS4 , effective on December 28, 2012. The Inspection focused on Permit Part VI.E.5, Water Quality Based Effluent Limitations for Trash.
h. Previous Enforcement Actions: Notice of Violation from the Los Angeles Regional Water Quality Control Board on April 10, 2019.
MS4 Trash TMDL Program Compliance Inspection
Montebello, California
_____________________________________________________________________________________ 5 Inspection Dates: August 25 – October 29, 2020
1.3 Los Angeles County MS4 Permits and Los Angeles River Watershed Total Maximum Daily Load Information
Discharges from the City’s MS4 were regulated under the Los Angeles County MS4 Permit Order 01-182 (as amended by Orders R4-2006-0074, R4-2007-0042, and R4-2009-0130) (hereinafter, 2001 LA County MS4 Permit) during the 2011 through 2012 reporting years, and are regulated under the Los Angeles County MS4 Permit Order R4-2012-0175 (as amended by State Water Board Order WQ 2015-0075 and Los Angeles Board Order R4-2012-0175-A01) (2012 LA County MS4 Permit) from 2013 to the present. Part 7.1 of the 2001 LA County MS4 Permit and Part VI. E.5 of the 2012 LA County MS4 Permit (hereinafter, the Permit) 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.
The City is subject to effluent limitation requirements for the Los Angeles River Trash TMDL (hereinafter, Trash TMDL) contained in Appendix 7-1 of the 2001 LA County MS4 Permit and Attachment O of the Permit. The Trash TMDL established a seven-year schedule that requires all municipal permittees achieve a 100 percent trash discharge reduction to the Los Angeles River by 2016 or per Permit Part VI.E.5.b.ii(2), meet the Mass Balance Equivalency requirements.
2. Inspection Process
From August 25 – October 29, 2020, the U.S. Environmental Protection Agency (EPA) Region 9, EPA contractor, PG Environmental, and representatives from the Los Angeles Regional Water Quality Control Board (Regional Board, hereinafter, collectively, the EPA Inspection Team) conducted an inspection of the City’s MS4 program. Specifically, the inspection was focused on assessing the accuracy and reliability of the City’s reported trash reduction efforts to meet final water quality-based effluent limitations for trash set forth in the Permit and in accordance with the Trash TMDL.
On August 17, 2020, EPA Region 9 staff notified the City regarding the MS4 inspection. As part of the inspection, the EPA Inspection Team reviewed past annual reports, Trash TMDL compliance reports, and enforcement documentation provided by the Regional Board and held video conference calls with City representatives to discuss Permit and Trash TMDL compliance.
On August 25, 2020, the EPA Inspection Team held the first of two video conference calls with the City’s Public Works Director and City’s consultant, Infrastructure Engineers to discuss general MS4 program components as well as trash reduction and system maintenance efforts.
On August 26, 2020, staff from the Regional Board conducted a site visit to the City to assess the condition of storm drains and associated trash capture systems visible from the public right-of- way. The Regional Board visited three areas of the City: 1) commercial corridor on North Beverly Boulevard from North Garfield Avenue to the Rio Hondo River, 2) commercial corridor along West Whitter Avenue between North Wilcox Avenue and the Rio Hondo River, and 3) and an industrial park located in the southern corner of the City near Union Street. Photographs of
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the site visit were compiled into a site visit report by Regional Board staff; this site visit report is referenced throughout this report, and included as Appendix A.
On September 9, 2020, the EPA Inspection Team held a second call with the City’s Public Works Director and City’s consultant, Infrastructure Engineers, as well as a representative of the City’s street sweeping and catch basin cleaning contractor, Nationwide Environmental Services.
The purpose of the call was to discuss street sweeping and catch basin cleaning activities performed by the City’s contractor. Details of the City’s street sweeping and catch basin cleaning process are included below in Section 3, Montebello Trash Program.
Following this call, the EPA Inspection Team provided the list of storm drains visited by the Regional Board staff to the City and requested the City photograph the volume of trash and the condition of full capture trash systems located in the catch basin that were not visible from the public right-of-way. In response, on September 18, 2020, the City’s contractor, Nationwide Environmental Services photographed each storm drain (inlet and catch basin) before and after its scheduled fall quarterly cleaning event. Photographs were provided to the EPA Inspection Team on October 29, 2020 and compiled into a photograph log by the EPA Inspection Team (refer to Appendix B). All trash capture systems identified by the City for each storm drain visited during both the Regional Board and City site visits were present and operational, with no catch basins showing evidence of excessive trash accumulation or lack of maintenance. The EPA Inspection Team noted the City’s process for catch basin cleaning to be thorough, with cleanings occurring more frequently than prescribed in the Permit. Note: for consistency, the term catch basin will be used hereinafter to reference both the entire storm drain structure and physical catch basin of the storm drain structure.
A summary of the City’s trash program, compliance pathway efforts, enforcement history, and current trash reduction practices is included in the subsequent sections below.
3. City of Montebello Trash Program
According to the 2010 Census, the City of Montebello has a population of approximately 62,500.
The City is located approximately 8 miles southeast of downtown Los Angeles and is a mix of commercial, industrial, and residential areas. The Rio Hondo River runs along the eastern boundary of the City and is the primary receiving water for the MS4.
The City has been reporting compliance based on full capture systems, and absent other information, the Regional Board has assumed that the percentage of full capture systems directly correlates to the percentage of trash reduction.
The City’s Public Works Department administers the MS4 program with support by a consultant, Infrastructure Engineers. Annual and TMDL compliance reporting is handled by Infrastructure Engineers; however, field implementation of the City’s trash program is conducted by Public Works and City contractor, Nationwide Environmental Services.
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3.1. Trash Capture
As stated above, the City elected to implement the full capture compliance pathway in accordance with Part VI.E.5.b.i(1) of the Permit. As reported by the City, 1,048 of the City’s identified 1,095 catch basins are currently equipped with partial-capture trash devices, full- capture trash systems, or both. Of the 1,095 catch basins structures, the City identified 465 City owned catch basins and 630 owned by Los Angeles County. For partial trash capture, an automatic retractable screen (ARS) is used at the catch basin inlets. For full trash capture, connector pipe screens (CPS) are used around the catch basin’s drainpipe.
At the time of the inspection, the City stated all full capture and partial capture trash systems in the City were installed in 2011 at the request of the City, by the Los Angeles County Flood Control District. As part of the trash capture device installation effort, the City opted to equip multiple catch basins with both ARS and CPS to minimize maintenance needed on catch basins equipped with CPS units. City representatives stated catch basins with either no trash capture or only with partial capture devices (i.e., ARS), were previously determined by Los Angeles County Flood Control District as infeasible for full capture (therefore, do not contain a CPS or other full capture trash device).
The City’s most recent catch basin inventory (i.e., Montebello Catch Basin Inventory 2018) was submitted to the Regional Board as part of the City’s April 2019 Notice of Violation response (discussed further in Section 4.2), which is included as Appendix D of this report. The City’s catch basin inventory identifies the partial and full trash capture status of the 1,095 identified catch basins in the City limits:
• 1,095 total catch basins
• 124 – ARS only (partial capture)
• 169 – CPS only (full capture)
• 755 – ARS and CPS (full capture)
• 47 – No partial or full trash capture excluder present Based on the inventory, a total of 171 catch basins within the City were not equipped with full trash capture systems. The City reported that of the 124 catch basins equipped with only ARS, 40 are owned by the City and 84 are owned by Los Angeles County. The City also reported that of the 47 catch basins with no trash capture, 27 are owned by the City and 20 are owned by Los Angeles County. The City’s inventory does not identify how many, if any, of the 124 catch basins equipped with only ARS flow to/through another storm drain structure that is fitted with a CPS. Additionally, the EPA Inspection Team identified two additional catch basins within the City without trash capture that were not readily identifiable or potentially present on the City’s catch basin inventory (refer to Section 5, Inspection Finding No. 3).
City representatives explained that the City maintains a maintenance agreement with Los Angeles County Flood Control District for any repairs needed for the trash capture systems within the City. Neither the City’s Public Works crews, or its contractor, Nationwide
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Environmental Services, performs structural maintenance on damaged or non-functional trash capture systems.
3.2. Catch Basin Inspection and Cleaning
Catch basins and associated trash capture systems are inspected and cleaned by contractor, Nationwide Environmental Services (hereinafter, Nationwide). All catch basins in the City (whether City or County owned) are inspected and cleaned quarterly using Nationwide vacuum trucks. Approximately 35-40 catch basins are cleaned each day, taking approximately 20 working days to clean each catch basin each quarter. Cleanings are typically conducted in January, April, July, and October. Additional as needed cleaning is conducted by the contractor during the wet season (October through May).
Nationwide removes trash and debris from the catch basin, and pressure washes the sidewalls and floor of the catch basin to remove sediment and grit. As stated by the Nationwide Operations Manager, a vacuum truck provides continual suction to the bottom of the catch basin during the washing operation to remove wash water, preventing it from discharging to the drainpipe (refer to Section 5, Inspection Finding No. 4).
As previously stated, on September 18, 2020, Nationwide representatives, on behalf of the City, photographed various catch basins both before and after the scheduled fall quarterly cleaning event. The City provided photographs provided to the EPA Inspection Team on October 29, 2020 which were compiled into a photograph log by the EPA Inspection Team (refer to Appendix B).
The Nationwide Operations Manager explained that catch basin debris is temporarily stored and decanted at the Nationwide transfer station in Norwalk, CA. Wastewater from decanting process is treated in a seven-stage clarifier prior to discharge to the sanitary sewer. Decanted catch basin debris is hauled to a municipal landfill.
3.3. Street Sweeping
Nationwide is contracted to perform street sweeping through the City. As explained by the Nationwide Operations Manager, the company has a fleet of 70 street sweepers with approximately 100 street sweeper operators. Three sweepers are operated in the City each day.
Nationwide has developed a street sweeping schedule for the City with frequencies for residential roadways, arterial roadways, industrial areas, and City-owned parking lots. The Nationwide Operations Manager estimated that City street sweeping removes 130-150 tons of sweepings per month. He added that sweepers are designed to operate at 10-12 miles per hour (mph); however, the company instructs its operators to drive at 6-8 mph to optimize sweeping.
All street sweepings are brought to a Nationwide-owned transfer station in Norwalk, CA and eventually hauled to the Savage Canyon municipal landfill. The City is responsible for paying