CITY COUNCIL OF MONTEREY PARK
THE
CITY COUNCI
L ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER
REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING
AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA
REGULAR CITY COUNCIL MEETING
MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
Wednesday
November 20, 2024
6:30 p
.m.
GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.
The public may watch t
he meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos. Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307- 1359 for reasonable accommodation at least 24 hours before a meeting. Council Chambers are wheelchair accessible.
PUBLIC PARTICIPATION
You may speak up to 5 minutes on an/each Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected] or by completing an online form at www.montereypark.ca.gov/writtencomm.
While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.
MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.
LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño- Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
Monterey Park City Council Agenda, November 20, 2024 - Page 2
CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorers
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
PUBLIC COMMUNICATIONS
STAFF COMMUNICATIONS:
• Community Development Serv ices
• Recreation and Community Services
[1.] PRESENTATION
1-A. WORLD JOURNAL – LUNAR NEW YEAR FESTIVAL UPDATES
1-B. EAST LOS ANGELES COLLEGE – UPDATES
[2.] OLD BUSINESS
2-A. ADOPT A RESOLUTION DISSOLVING THE SISTER CITIES COMMISSION AND ADDING
THE RESPONSIBILITIES TO THE COMMUNITY PARTICIPATION COMMISSION It is recommended that the City Council consider:
(1) Adopting a resolution dissolving the Sister Cities Commission and adding the responsibilities previously administered by the Sister Cities Commission to the Community Participation Commission; and
(2) Taking such additional, related, action that may be desirable.
2-B. SPIRIT BUS PILOT PROGRAM
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an Amendment with First Transit, in a form approved by the City Attorney, for fixed -route transit services for an annual amount not - to-exceed $2,064,537 for services through December 31, 2025, with the option to continue service on a month-to-month basis; and
(2) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, November 20, 2024 - Page 3
[3.] CONSENT CALENDAR ITEM NOS. 3A-3K
All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.
3-A. MONTHLY INVESTMENT REPORT – OCTOBER 2024
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.
3-B. RESOLUTION ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR JULY 1, 2025 – JUNE 30, 2026
It is recommended that the City Council consider:
(1) Adopting a resolution approving the Recognized Obligation Payment Schedule (ROPS 25-26 A&B) for the period between July 1, 2025 – June 30, 2026; (2) Approving the Successor Agency Administrative Budget for July 1, 2025 – June 30, 2026; (3) Directing staff to post and transmit the ROPS and Administrative Budget to the appropriate public agencies; and
(4) Taking such additional, related, action that may be desirable.
3-C. STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT GRANT YEAR 2023 – AWARD AGREEMENT
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an agreement with the County of Los Angeles, in a form approved by the City Attorney, to accept an award of $13,459 for the State Homeland Security Program Grant Year 2023 (SHSP 2023); and (2) Taking such additional, related, action that may be desirable.
3-D. CONSIDERATION AND POSSIBLE ACTION TO WAIVE SECOND READING OF AN
ORDINANCE ADOPTING REGULATIONS GOVERNING DATA CENTERS WITHIN SATURN PARK IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON NOVEMBER 3, 2020)
It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinance; and (2) Taking such additional, related, action that may be desirable.
3-E. APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH UNIFY STAFFING It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a Second Amendment to Agreement 2373 -AA with Unify Staffing, in a form approved by the City Attorney, for continued staff augmentation services for the Parks Maintenance Division for an additional amount of $46,080; and
(2) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, November 20, 2024 - Page 4
3-F. FIRST AMENDMENT TO AGREEMENTS WITH EUROFINS, WECK AND CLINICAL LAB
FOR LAB ANALYSES
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute the First Amendment, in a form approved by the City Attorney, to the Agreements with Eurofins Eaton Analytica, LLC (2399- AC), Weck Analytical Environmental Services, Inc. (2273- AA), and Clinical Lab of San Bernardino, Inc. (2300-AD) extending the term of the agreements to June 30, 2028, and increasing the not to exceed combined total from $400,000 to $500,000 annually for laboratory analysis services for the Water Division;
(2) Taking such additional, related, action that may be desirable.
3-G. PERCOLATION TESTING – AWARD OF GEOTECHNICAL SERVICES TO CONVERSE
CONSULTANTS
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a professional services agreement substantively similar to Attachment No. 2, in a form approved by the City Attorney, with Converse Consultants in the amount of $75,995 for percolation testing; and (2) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.
3-H. BARNES GYMNASIUM FLOORING REPLACEMENT – AWARD OF CONTRACT It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract substantively similar to Attachment No. 3, in a form approved by the City Attorney, with R & S Flooring Solutions, in the amount of $143,500 for the Barnes Gymnasium Flooring Replacement Project Specification No. 2024-007;
(2) Authorizing the Director of Public Works to approve change orders and contingency up to $21,525 (15%) of the contract amount, for a total project cost of $165,025; and (3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
It is recommended that the City Council find that the proposed work is exempt from additional environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) § 15301(c) (Existing Facilities) which exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use.
Monterey Park City Council Agenda, November 20, 2024 - Page 5
3-I. 2024-25 CONCRETE IMPROVEMENT PROJECT – AWARD OF PUBLIC WORKS CONTRACT TO KALBAN, INC.
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract substantively similar to Attachment No. 3, in a form approved by the City Attorney, with Kalban, Inc. in the contract amount of $651,197 for the 2024-25 Concrete Improvement Project; (2)
Authorizing the Director of Public Works to approve change orders not to exceed $130,240 over the total contract amount; and
(3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.
3-J. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM It is recommended that the City Council consider:
(1) Adopting a resolution authorizing the City Manager, or designee, to apply for, receive, and appropriate $121,150 in grant funds for the Energy Efficiency and Conservation Block Grant Program for the purchase of four 2025 Chevrolet Equinox EV vehicles; and (2) Taking such additional, related, action that may be desirable.
3-K. RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF THE EMERGENCY
REPLACEMENT OF THE HVAC SYSTEM AT THE LANGLEY SENIOR CITIZEN CENTER
AND TERMINATION OF LOCAL EMERGENCY
It is recommended that the City Council consider:
(1) Receiving and filing the staff report summarizing the status of emergency repairs of the emergency replacement of the HVAC system at the Langley Senior Citizen Center; (2) Adopting a resolution terminating the local emergency governing the emergency replacement of the HVAC system at the Langley Senior Citizen Center; and (3) Taking such additional, related, action that may be desirable.
[4.] PUBLIC HEARING – None.
[5.] NEW BUSINESS – None.
Monterey Park City Council Agenda, November 20, 2024 - Page 6
[6.] CITY COMMUNICATIONS (CITY COUNCIL)
6-A. RESOLUTION DECLARING AND RECOGNIZING NOVEMBER 30, 2024 AS SMALL
BUSINESS SATURDAY
It is recommended that the City Council consider:
(1) Adopting a Resolution Declaring and Recognizing November 30, 2024 as Small Business Saturday
(2) Taking such additional, related, action that may be desirable.
[7.] FUTURE AGENDA ITEMS
[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)
ADJOURN
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Old Business - 2A
TO: The Honorable Mayor and City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Adopt a resolution dissolving the Sister Cities Commission and adding the responsibilities to the Community Participation Commission RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution dissolving the Sister Cities Commission and adding the responsibilities previously administered by the Sister Cities Commission to the Community Participation Commission; and
2. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY:
On October 2, 2024, staff provided a report summarizing the activities and status of the Sister Cities Commission Ad Hoc Committee to the City Council to receive and file.
The Council requested that City staff return to a future meeting with a recommendation for addressing any pertinent responsibilities of the Sister Cities Commission.
City staff is recommending that the Sister Cities Commission be dissolved due to the concerns that have been raised by the Ad Hoc Committee. The individual Sister City Associations may choose to continue operating independently.
The Council can provide direction to add the duties previously administered by the Sister Cities Commission to the Community Participation Commission. These duties include participating in the exchange of cultures, participating in the City of Monterey Park’s cultural events and programs, and serving as cultural ambassadors to sister city visitors.
The Community Participation Commission consists of ten adult members and seven youth members who meet monthly to discuss and promote youth and community activities, many of which are cultural in nature. The addition of cultural exchange is in line with the goals of the Community Participation Commission and will be reflected in a Resolution amending Section 5(c) of Resolution No. 11589.
BACKGROUND:
On January 17, 2024, staff requested direction from the City Council regarding the Sister Cities Commission due to concerns with its structure and limitations on oversight.
Subsequently, the City Council suspended the Commission's operations and formed an
Staff Report
November 20, 2024
ad hoc committee to meet with the five individual Sister City Associations with representatives on the Commission.
Since its formation in January 2024, the ad hoc committee met on three occasions:
February 13, May 14, and July 30. During the first two committee meetings, the Sister City Associations decided to independently pursue establishing separate non-profit IRC 501(c)3 organization status for their respective Sister City Associations. During the July 30 meeting of the ad-hoc committee, the Sister City Associations from China and Korea shared that they were each continuing to work toward establishing their own independent IRC 501(c)3 organizations but were having difficulty recruiting a sufficient number of members.
A fourth meeting was scheduled for September 24, 2024. On September 23, the Quanzhou, China Sister City Association representatives notified City staff that they would not be attending the meeting and were suspending all operations until an undetermined date. On the morning of September 24, the representative from New Taipei City, Taiwan emailed staff to share that they would not be attending the meeting and asked to be removed from future communication. No representatives from Morelia, Mexico or Yeongdeungpo-Gu, Korea attended the meeting.
The only Sister City Association with active IRC 501(c)3 status is Nachikatsurra, Japan.
FISCAL IMPACT:
No fiscal impact.
Respectfully submitted by:
Robert Aguirre
Director of Recreation &
Community Services
Approved by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Draft Resolution
Staff Report
November 20, 2024
ATTACHMENT 1
Draft Resolution
RESOLUTION NO. _________
A RESOLUTION TRANSFERRING FUNCTIONS FROM
THE SISTER CITIES COMMISSION TO THE COMMUNITY
PARTICIPATION COMMISSION AND DISSOLVING THE
SISTER CITIES COMMISSION.
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: Sister Cities Dissolution. The Sister Cities Commission is dissolved.
Accordingly, the City Council repeals Resolution Nos. 10281 and 10549.
SECTION 2: Community Participation Commission. The City Council amends Resolution No. 11589 as to the Community Participation Commission’s responsibilities.
Section 5(c) of Resolution No. 11589 is revised to read as follows:
“C. Responsibilities. The Community Participation Commission may undertake the following activities:
1. Coordinate activities and programs with the Youth Members in the Community Participation Commission and involve the youth in community activities;
2. Seek out and publicize artistic, cultural , and historical exhibits, performances, and opportunities that enhance the community;
3. Conduct and recommend programs that increase goodwill and foster communication among residents of the diverse community and open new opportunities in all phases of community life for all residents;
4. To make residents aware of the services, programs and organizations available in the community;
5. Provide information and opportunities for newcomers to become involved in the community;
6. Foster mutual regard and understanding among all racial, religious, and ethnic groups in the community;
7. Promote and encourage community interest and
responsibility to correct and prevent conditions of neighborhood blight and deterioration by developing programs and resources in order to provide a more suitable living environment for all residents;
Resolution No.
8. Act in an advisory capacity to the city council on all matters pertaining to the city’s community participation activities.
9. Review existing youth programs and make
recommendations to improve these programs;
10. Inform the Community Participation Commission and City Council of the needs, concerns, achievements, goals and problems of the youth in the community;
11. Participate in the exchange of cultures; participate in the City of Monterey Park’s cultural events and programs; and
12. Serve as cultural ambassadors to Sister City visitors.” SECTION 3: This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of revisions and clarifications to existing codes and procedures regarding appointing persons to City commissions, boards, and committees. Adopting this Resolution will not have the effect of deleting or substantially changing any regulatory standards or required findings.
SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
Resolution No.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MONTEREY PARK THIS ____ DAY OF NOVEMBER 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Old Business - 2B
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Spirit Bus Pilot Program
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an Amendment with First Transit, in a form approved by the City Attorney, for fixed-route transit services for an annual amount not-to-exceed $2,064,537 for services through December 31, 2025, with the option to continue service on a month-to-month basis; and
2. Taking such additional, related, action that may be desirable.
BOARD/COMMISSION REVIEW:
The proposed changes were shared with the Traffic Commission on August 22, 2024 and with the Environmental Commission on August 28, 2024. Both Commissions had positive feedback regarding the proposed changes to the Spirit Bus program.
EXECUTIVE SUMMARY:
The City worked with Arcadis/IBI Consultants, Inc (Arcadis-IBI) to complete an evaluation of its Spirit Bus fixed-route transportation program. As a result of the evaluation, staff provided service recommendations to City Council on June 18, 2024 and requested City Council direction on the implementation of a pilot program for the proposed restructure of routes and implementation of on-demand services. City Council was supportive of the pilot program and requested staff conduct additional outreach regarding proposed changes prior to deploying a pilot program. At the November 6, 2024 meeting, City Council approved on-demand services as part of a one-year pilot program. At this time, staff recommends City Council authorize an extension to the agreement with First Transit to continue fixed-route service through the end of the pilot program.
BACKGROUND:
On June 18, 2024, staff provided City Council results of the Spirit Bus evaluation completed by Arcadis-IBI, including recommended service improvement strategies. The service improvement strategies include changes to the fixed-route service and implementation of on-demand zones for microtransit services through a pilot program. A follow-up online community survey was released to gain feedback on the proposed program changes. The survey was introduced at the City’s Business Expo event held on
Staff Report
November 20, 2024
August 8 th, and distributed to local school districts, shared through social media, Cascades, City website, posted at City facilities and Spirit buses.
There were 174 survey respondents, 70% were current Spirit Bus riders. When asked how proposed service improvements would affect their travel experience, 50 out of 65 thought it may make it worse. However, several of those respondents indicated they do not use the primarily affected routes 3 and 4. When asked if the proposed changes would make them more or less likely to ride Spirit Bus, 85% indicated more li kely (71%) or no change (14%).
Fixed-route Service
The Spirit Bus service operates five local routes and the LINK shuttle service on weekdays from 6:30 a.m. to approximately 6:30 p.m. Routes 1 to 4 are loop alignments that link various residential neighborhoods (Brightwood, Highlands, Garvey Ranch) to commercial areas. Route 5 provides service between Atlantic Square/East Los Angeles College (ELAC) and the Metrolink commuter rail station at Cal State Los Angeles (CSULA). The LINK operates as a shuttle service between the LA Corporate Center and the CSULA Metrolink Station.
As a result of community feedback received through survey research and community engagement and analysis of existing Spirit Bus services, key service improvement strategies are recommended to restructure existing route s for enhanced public transportation program. The recommended route restructuring, as listed below, intends to reflect a more linear configuration and better connectivity to major trip attractors/generators while complementing use of microtransit service for single-family residential neighborhoods that have low fixed-route ridership.
• Route 1: Change from one-way loop to linear bi-direction route along Atlantic Blvd.
Change is directional only, there is no change to area covered or scheduled stops. • Route 2: Change from one-way loop to linear bi-direction route along Garfield Ave.
Change is directional only, there is no change to area covered or scheduled stops. • Route 3: Eliminate service south of Graves to Garvey Ranch and extend route east to Atlantic Blvd.
• Route 4: Eliminate route and provide coverage to service area through on-demand service.
• Route 5: Expand service to connect with Metro E Line Station at Atlantic and Pomona and eliminate service east of Atlantic and Riggin. Provide additional coverage through on-demand service along Riggin Road, including service to the Monterey Park Marketplace Shopping Center.
A few respondents from the follow-up survey expressed concern about how the proposed changes to fixed routes would impact students, specifically those attending Mark Keppel High School and Brightwood Elementary School. With the proposed changes, Route 1 would continue to provide coverage for service to Mark Keppel High School. Brightwood Elementary would be served by on-demand microtransit service providing for direct, curb- to-curb service, thereby limiting the distance students may have to walk to catch a bus.
Staff Report
November 20, 2024
Additionally, transfers between fixed-route and on-demand microtransit service would also be available for all bus customers in the Spirit Bus service area.
Staff has been in discussions with First Transit—the City’s current Spirit Bus operator for the proposed restructuring of routes. To proceed with the changes, the City will need to extend its current agreement with First Transit for services through the end of the proposed one-year pilot program. Currently, the term of the agreement with First Transit is through December 31, 2024, with the option to continue service on a month-to-month basis until June 30, 2025. It is recommended that the term be extended through December 31, 2025, and continue on a month-to-month basis.
On November 6, 2024, City Council approved implementation of on-demand services as part of a one-year pilot program that includes route changes and microtransit services.
While the pilot program is running, staff will collect key data to help develop an RFP for soliciting fixed-route and/or microtransit services for the community at the conclusion of the pilot.
2024-25 STRATEGIC PLAN GOAL:
The proposed Spirit Bus changes support the City’s strategic goal to maintain fiscal stability of our City’s financial resources. Results of the Arcadis-IBI’s evaluation identified service improvements that would maximize the use of City’s financial resources when providing public transportation. The proposed pilot program would not only provide expanded coverage for service areas but would replace route segments that are not cost effective due to low ridership. Additionally, the change in services would improve the system’s efficiency and offer sustainable public transportation options.
FISCAL IMPACT:
The FY 2024-25 budget includes $2,064,537 for fixed route services. The updated cost for the restructured Spirit Bus service is $1,738,560 per year. There are sufficient funds in the FY 24-25 budget for the fixed-route services from First Transit. Costs for FY 2025- 26 services will be budgeted as part of the annual budget process.
Respectfully submitted by: Prepared by:
Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager
Reviewed by:
Martha Garcia
Director of Finance
Staff Report
November 20, 2024
Approved by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Spirit Bus Service Improvement Strategies
Staff Report
November 20, 2024
ATTACHMENT 1
Spirit Bus Service Improvement Strategies
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
1 of 13
City of Monterey Park
Implementation of Spirit Bus – Recommended
Service Improvement Strategies
Recommendations:
i. Routes 1 and 2 – Restructure for bi-directional travel. ii. Route 3 – Restructure by eliminating service south of Graves to Garvey Ranch (to be replaced by on-demand service) and extending route east to Atlantic Blvd. iii. Route 4 – Discontinue and provide coverage to service area through on-demand service. iv. Route 5 - Restructure to expand service to connect with Metro E Line Station at Atlantic and Pomona and provide additional coverage through on-demand service along Riggin Road, including service to the Monterey Park Marketplace Shopping Center. v. On-Demand Microtransit Pilot Program – 2 zones.
Service Evaluation Update - 2024
• Initial Sprint Bus service evaluation – completed
in June 2022 based on pre-Covid ridership data
(2019)
• Service suspended in April 2020
• Recap: ridership had been decr easing since
2017.
FY Revenue
Hours Boardings Boarding/
Revenue Hour
2017 18,904 299,033 15.8
2018 18,769 260,101 13.9
2019 18,828 232,775 12.4
2020 (July-Apr) 13,738 162,427 11.8
April 2020 to June 2022 No Service
2023 (reduced service) 9,454 26,210 2.8
1st Qtr. 2024 (July-Oct) 6,466 19,017 2.9
o Modified service hours (July 2022 to June 2023), ridership (boarding/revenue hour) decreased by 80% from pre-pandemic levels. (Of note: Montebello Bus Lines also saw a dramatic decrease (58%) to pre-pandemic ridership for its route in Monterey Park.) o Spirit Bus operating costs have risen substantially due to increases in driver salaries and bus maintenance.
▪ Cost per Vehicle Service Hour: July 2019: $59.31. Post pandemic commencing July 1, 2022, the rate increased to $104.01, a 75% increase. ▪ With declining ridership, the total cost per boarding in 2019 was an average of $4.39 while the total cost per boarding for 2023 increased to $57.82.
Conversely, the Dial-A-Ride service for Monterey Park seniors has seen a return to pre-pandemic ridership levels: 10,312 boardings in fiscal year 2023 compared to 10,572 boardings in fiscal year • Important step in the Covid-19
recovery phase
• Target to:
o Provide better transit services
o Grow ridership base
o Respond to changing customer
expectations & demand)
o Identify financially sustainable
changes (with existing resources)
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
2 of 13
2019. This data is encouraging and supports the use of door-to-door/on-demand service to supplement/replace current fixed-route service in areas that have low ridership.
The development of Spirit Bus service improvement strategies has been informed by past and present service evaluations (including Spirit Bus ridership/boardings by route segments - presented in Exhibit 1); operational and financial performance; and robust community engagement and survey research endeavors.
The following presents a summary of: What Had We Heard; Key Design Issues; and Recommended Service Improvement Strategies.
What Had We Heard
Key takeaways from the initial (2022)
community engagement and survey
research endeavors are:
Why People are NOT Using Spirit
Bus:
▪ Infrequent service
▪ Not close enough (home or
destination)
▪ Need to transfer
▪ Takes too long
▪ Don’t know what bus to take
Type of Improvements:
▪ Better information
▪ Mobile phone app - real-time info.
▪ Weekend service
▪ Earlier morning service
▪ On-demand ride hailing service
▪ More frequent bus service
▪ More direct service / fewer
transfers required
A follow-up on-line survey was
conducted from August to mid-
October 2024. Key takeaways from
this survey include:
• Of the 146 respondents, 70% were current Spirit Bus riders. • When asked how proposed service improvements would affect their travel experience, 50 out of 65 thought it may make it worse. Of note, several of those respondents do not use the primarily affect routes 3 and 4.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
3 of 13
• Conversely, when asked - Do proposed changes to the service make you more or less likely to ride? 85% indicated More Likely (71%) or No Change (14%). • Several respondents expressed concern about how the on-demand microtransit service would work.1
• Potential Impact on Students: a few respondents expressed concern about how the proposed changes will impact students, specifically those attending Mark Keppel High School and Brightwood Elementary School.
Route 1 will continue to provide coverage (including service to Mark Keppel High School).
Brightwood Elementary will be served by on-demand microtransit service providing for direct, curb-to-curb service, thereby limiting the distance students may have to walk to catch a bus.
As is the case with all bus customers in the Spirit Bus service area, transfers between fixed- route and on-demand microtransit service will be available.
Existing Conditions – Key Design Issues
1. Routes 1-4 are designed primarily to connect residential neighborhoods to Downtown Monterey Park.
• Impedes productivity by discouraging two-way passenger traffic across the service day.
Limited demand for AM travel away from Downtown and PM travel toward Downtown. • Excessive circuity in Downtown area alignments.
2. Need to simplify or redesign Routes 1 and 2 presently operating one-way loops in opposite directions on similar alignments to create bi-directional service to customers. • Confusing to customers because the routes are not the same and so travel times are not the same in opposite directions.
• Route 2 loop through the Monterey Highlands is a significant inconvenience to most customers using the route.
3. Route 4 should be modified to address Metro’s discontinuation of Route 258 service on Monterey Pass Road.
4. Only Route 5 connects directly to the CSULA Metrolink and Metro J (Silver) Line stations. • Most residents (except Riggin Street) need a two-seat bus ride (i.e., transfer between Spirit routes) to travel from residence to the stations.
5. Spirit’s main transfer point at City Hall for Routes 1-4 is not served by regional bus lines. • Discourages transfers between Spirit and Metro/MBL buses. • Location adds travel time for transferring customers.
6. Spirit does not connect directly to the E (Gold) Line terminal station on 3rd Street west of Atlantic Boulevard.
1 It is important to note that Via Transportation, the provider of the on-demand service, will be responsible for providing a robust marketing, communication, and education program to not only promote the service but to ensure the community is familiar with how it works.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
4 of 13
7. Service to McCaslin Business Park is limited to one morning and one afternoon trip on the Route 5 timetable.
• Currently designed to shuttle reverse commuters to and from the CSULA Metrolink and Metro J Line stations.
8. Currently no Spirit Bus service to Marketplace Shopping Center (Costco, Home Depot, restaurants) – an emerging destination.
Recommended Service Improvement Strategies
Based on the design issues noted above, the technical team presents recommended service improvement strategies (illustrated in Exhibit 2).
Recommendations:
i. Routes 1 and 2 – Restructure for bi-directional travel. ii. Route 3 – Restructure by eliminating service south of Graves to Garvey Ranch (to be replaced by on-demand service) and extending route east to Atlantic Blvd. iii. Route 4 – Discontinue and provide coverage to service area through on-demand service. iv. Route 5 - Restructure to expand service to connect with Metro E Line Station at Atlantic and Pomona and provide additional coverage through on-demand service along Riggin Road, including service to the Monterey Park Marketplace Shopping Center. v. On-Demand Microtransit Pilot Program – 2 zones.
The recommended service improvement strategies are designed to improve service by replacing poorly performing, infrequent, and circuitous routes with more flexible service that still meets the needs of residents that live in areas that are not well suited to fixed route transit. It would also provide a new connection for residents to regional transit and to an important commercial destination and improve service frequency for Route 3 while adding service through a relatively densely populated neighborhood.
These improvement strategies were further informed by the following:
• Review of pre-pandemic ridership data and a comparison to ridership data gathered since all 5 Spirit Bus routes resumed service in July 2023.
• Review of service cost increases and ridership/revenue decreases • Community outreach and feedback gathered initially in 2022 and updated through additional survey research in August 2024.
The recommended service improvement strategies are listed by route below.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
5 of 13
Route 1
Ridership is down along the
downtown segment from 75-100
riders per day pre-pandemic to
about 50 riders per day in
October 2023. This is still one of
the higher ridership segments.
Other segments have recovered
to pre-pandemic ranges but with
lower ridership. Confusion in
directionality for passengers
suggests route could be
restructured from a one-way
loop to a linear route along
Atlantic.
• Restructure service
routing to accommodate
bi-directional travel.
Route 2
Ridership along the Atlantic
Boulevard, Downtown, and
Garfield segments represent
only 24-40% of pre-pandemic
ridership numbers. Ridership
along the Hillside and Riggin
St. segments has recovered
but remains low at 13-18
passengers per day on
average. Confusion in
directionality for passengers
suggests route could be
restructured from a one-way
loop to a linear route along
Garfield.
• Restructure service
routing to accommodate bi-directional travel.
• Eliminate residential loop north of Floral Drive to improve travel times and reduce circuity.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
6 of 13
Route 3
Route 3 ridership has returned
to within pre-pandemic ranges
along all segments and carries
83 passengers per day in the
downtown core as of October
2023. However, the reservoir
loop impedes two-way
passenger travel and is the
lowest ridership along the route
at 35 passengers per day.
• Eliminate of fixed-route
service south of Graves
Avenue.
• Redirect current route
to travel north on
Alhambra Avenue from
Graves Avenue to
provide new service to relatively dense residential neighborhoods and increase service frequency.
• Provide on-demand ride hail service within a defined zone south of Graves Avenue to provide more flexible travel options to existing passengers. • Potentially extend existing route farther east to Atlantic Avenue in combination with service changes proposed for Route 4 (below).
Route 4
No segment along Route 4 is
generating more than 57% of
ridership compared to pre-
pandemic. Monterey Pass and
Corporate Center segments
are getting less than 5
passengers per day. Downtown
loop is duplicated by other
routes.
• Eliminate existing fixed
route transit service.
• Provide on-demand
microtransit service
within a defined zone
along Monterey Pass Road and in the residential neighborhoods to the north that are currently served by Route 4.
• Provide connectivity through on-demand service to CSULA Metrolink and Metro J (Silver) Line stations.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
7 of 13
Route 5
Data by stop is limited due to
unresolved issues with onboard
technology. Overall data by route
shows an average of 21
passengers per day along the
whole route in October 2023.
Ridership along E Riggin St. and
McCaslin Business Park
segments was low in 2019 and is
now likely lower. Route 5 does
provide a key connection to
CSULA Metrolink Station and
could be altered to serve ELAC
transit center and Metro E Line.
• Eliminate existing fixed
route transit service east
of Atlantic and Riggin that
currently operates for only
two daily trips.
• Expand service to
connect with Metro E Line
Atlantic Station/Kaiser Permanente East Los Angeles Medical Offices. • Expand existing Monterey Park Dial-a-Ride service to allow trips within a defined service area along Riggin Road and providing connectivity to the southeastern corner of the city, including service to the Monterey Park Marketplace Shopping Center.
Spirit Bus - Service & Operating Characteristics
Frequency Annual Operating Cost $
Days of Week Hours - Span Day Annual (headway) (@ $109./hr.) (Span)
1 ** M - F 6:30AM - 6:30PM 12 3,084 45 min. 0.67 (40 min.) $336,156 2 ** M - F 6:30AM - 6:30PM 12 3,084 45 min. 0.67 (40 min.) $336,156 3 ** M - F 6:30AM - 6:30PM 12 3,084 30 min. 0.42 (25 min.) $336,156 4 5 *** M - F 6:30AM - 6:30PM 12 3,048 45 min. 0.67 (40 min.) $332,232 TOTAL 48 12,300 $1,340,700
discontinue
(Rt. 3 - modified route)
Level of Service Revenue HoursRoute * Run Time - Hrs
** No service: Thanksgiving Day, Christmas Day, & New Years Day *** No service: Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day, & New Years Day * Excludes costs for LINK
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
8 of 13
Implementation Considerations
In moving forward, City staff will enter into discussions with their current operating contractor, First Transit who will be responsible for building the runs/developing blocks and driver paddles for the operation of the respective routes and frequencies.
Pilot Program – On-Demand Microtransit (x 2 zones)
Recommendation: Implement a one-year pilot program to provide a proof of concept (PoC) of on- demand microtransit.
As illustrated on the following page, the deployment of the pilot program would provide on-demand microtransit in two service areas. Pilot Zone 1 to address the discontinuance of Route 4 and Pilot Zone 2 to address the discontinuance of the reservoir loop segment of Route 3.
On-demand services would operate on the same days of the week and hours of the day as Spirit Bus service: Monday to Friday, 6:30AM – 6:30PM.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
9 of 13
On-Demand Microtransit Pilot Zones
The City has undertaken preliminary discussions with Via Transportation (provider of advanced public mobility solutions - software and operations for flexible public transit) for the deployment of the recommended pilot program. Key characteristics from Via’s proposal for the pilot include:
• Via’s app allows for trips to be scheduled via phone; the app also integrates with regional transportation for trip planning.
• Service options for pick up and drop off areas are based on City’s policy decision. Via recommends doing pick up/drop off within a zone to/from a zone. • Wait times with the proposed model of 2 vehicles is a not-to-exceed 15 minutes. • Via requires a one-year commitment for the pilot.
• Implementation for the pilot is approximately 12 weeks. • City may consider piggybacking off Via’s King County or City of West Covina contracts.
The latter point is based on Via having provided a copy of their contracts with King County Metro and the City of West Covina. While either of these contracts would need to be tailored to the specifics of the City of Monterey Park’s service zones and operating parameters, both contracts clearly articulate the scope of services, data reporting, performance monitoring, etc.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
10 of 13
Via’s proposal provides for a not-to-exceed annual cost (gas vehicles) of $570k.
It is important to note that Via Transportation will be responsible for providing a robust marketing, communication, and education program to not only promote the service but to ensure the community is familiar with how it works.
On-Demand Microtransit Pilot Program - Key Performance Indicators (KPIs) Designed to prove the concept of on-demand microtransit, it is important to look beyond ridership (and subsidy levels), it is important to consider the customer experience, including improved mobility/access, equity and customer satisfaction. The following table presents recommended KPIs for the pilot program.
BUSINESS
FUNCTION SAMPLE KPIS REQUIRED DATA
Mobility/
Service
Operations
• Riders per hour
• Ridership by service area/zone
• On-time performance
• Service reliability
• Number of booked and completed trips
• Number of no-shows and cancellations
• Vehicle revenue hours and miles
• Number of trips originating /terminating
within a zone or predefined location
• Number of passenger trips that are shared.
• Trip details, Origin-
Destination
• Ridership
• Payments and Payment
Methods
• Vehicle travel time and
schedule adherence data
Equity
• Trips delivered to variety of community
segments
• Increased access to destinations in the city
• Trip requests by mobile app vs. telephone
requests through call-center
• Trip details
Customer
Satisfaction
• Number of customer complaints
• Passenger wait time
• Average on-board time
• Average trip length
• Number of service denials
• Trip details; Origin-
Destination
• Ridership
• Payments
• Vehicle travel time and
schedule adherence data
• Missed connections
Finance
• Revenue trend
• Trends in cash and non-cash payments
• Cost/trip
• Subsidy/trip
• Cost/revenue hour
• Cost/revenue mile
• Cost and revenue data
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
11 of 13
Implementation Schedule
If City Council approves going forward with the recommended service improvement strategies in mid-October, it is anticipated that the respective contract documents will be prepared and executed by early December with the issuance of a notice to proceed at that time (as illustrated below in the Implementation Schedule). Via and First Transit will have three-months to prepare for a go-live date by early March 2025. The pilot will operate for a twelve month period, to March 2026.
The schedule also includes reference to the preparation of a Request for Proposals (RFP) document and solicitation process (noted in RED). It is important to note that the RFP document, in addition to noting standard caveats (i.e., rights to not award, etc.), may also include an optional scope of work reflecting an expanded, city-wide on-demand microtransit service2.
Task / Activity Nov. Dec. Jan. Feb. March April May June July Aug. Sept. Oct Nov. Dec. Jan. Feb. March Negotiations/Contract
Development - Via
Transportation & First Transit
Via Transportation - Notice to
Proceed
Via Transportation - Pilot
Program Set-Up
First Transit - Building
Runs/Driver Paddles &
Training
Go Live
On Demand Microtransit
PILOT (& route restructuring
deployment)
Operating Contract RFP:
Document Preparation
RFP - Issue, Mtgs., Q&A,
Evaluation, Award
Contractor Start-Up
2024
on going program monitoring
20262025
2 The continuance of Spirit Bus fixed route services will have future capital cost implications for the City with the requirement to replace an aging fleet.
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
12 of 13
Exhibit 1: Spirit Bus Boardings by Route Segment – 2019 & 2023
Implementation of Spirit Bus - Service Improvement Strategies
October 2024
13 of 13
Exhibit 2: Recommended Service Improvement Strategies
City Council Staff Report
DATE: Nov ember 20, 202 4
AGENDA ITEM NO: Consent Calendar - 3A
TO: The Honorable Mayor
and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – October 2024
RECOMMENDATIO
N:
It is recommended that the City Council consider:
1. Receiving and filing the monthly investment report; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY
:
As of October 31 , 2024, invested funds for the City of Monterey Park total $90,616,453.25.
BACKGROUND:
In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a portfolio summary from Chandler Asset Management.
Respectfully submitted by: Prepared by:
Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:
Inez Alvarez
City Manager
ATTACHMENT:
1. Monthly Investment Report
Staff Report
November 20, 2024
ATTACHMENT 1
Monthly Investment Report
INVESTMENTS PORTFOLIO PROFILE:
TOTAL BALANCE AT 10/31/2024 90,616,453.25$
INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.97% 25,818,566.20$ (2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 4.518% 31,677,259.06$ (3) CHANDLER ASSET MANAGEMENT 4.89% 25,526,627.99$
Purchase Maturity Interest
(4) CERTIFICATES OF DEPOSIT Date Date Rate
1 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
2 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 3 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
4 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
5 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000
6 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 7 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 8 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 9 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000
10 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 11 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 12 RAIZ CREDIT UNION 01/25/23 01/27/25 4.75% 245,000
13 GREENWOOD MUNICIPAL FED CREDIT UN 01/27/23 01/27/25 4.80% 245,000 14 WORKERS 01/27/23 01/27/25 4.70% 245,000
15 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
16 SOUTHEAST BANK 02/06/23 02/06/25 4.55% 245,000
17 RED CROWN FCU 02/22/23 02/21/25 4.85% 245,000
18 TECHNOLOGY FCU 02/24/23 02/24/25 5.00% 245,000
19 UFIRST FEDERAL CREDIT UNION 02/24/23 08/25/25 4.85% 245,000 20 SEA COMM FEDERAL CREDIT UNION 03/02/23 03/03/25 4.90% 245,000 21 WESTERN ALLIANCE BANK 05/05/23 05/05/25 4.85% 245,000 22 GLOBAL CREDIT UNION 05/12/23 05/12/25 4.85% 245,000
23 BANK OF AMERICA 07/24/24 07/24/25 4.85% 245,000
24 FLASTAR BANK NA 07/25/24 01/26/26 4.85% 245,000
25 CONNEX CU 08/06/24 08/06/25 4.95% 245,000
26 TRUSTONE FINANCIAL FCU 08/15/24 08/15/25 4.45% 245,000 27 PREFERRED BANK 09/03/24 09/03/25 4.41% 100,000
28 PREFERRED BANK 09/08/24 09/08/25 4.41% 150,000
29 FINANCIAL PARTNERS CREDIT UNION 09/13/24 09/12/25 4.35% 245,000 30 BARCLAYS BANK 09/18/24 09/18/25 4.30% 239,000
31 ROCKLAND FEDERAL CREDIT UNION 09/25/24 09/25/25 4.50% 245,000 32 KEYPOINT CREDIT UNION 10/30/24 10/30/25 4.35% 245,000 Total CDs (32) 3.769% 7,594,000.00$
OTHER INFORMATION:
BANK BALANCE: (1)
$8,831,964.03
AVERAGE MATURITY DAYS 248
AVERAGE INTEREST RATE FOR THE MONTH 4.402%
THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.
CITY OF MONTEREY PARK
INVESTMENT REPORT
OCTOBER 31, 2024
KE&/
Ed/>ͮϮ
City of Monterey Park | Account #11189 | As of October 31, 2024
džĞĐƵƟŽŶdŝŵĞ͗ϭϭͬϬϰͬϮϬϮϰϬϰ͗ϱϬ͗ϱϲWD ŚĂŶĚůĞƌƐƐĞƚDĂŶĂŐĞŵĞŶƚͮŝŶĨŽΛĐŚĂŶĚůĞƌĂƐƐĞƚ͘ĐŽŵͮǁǁǁ͘ĐŚĂŶĚůĞƌĂƐƐĞƚ͘ĐŽŵͮϴϬϬ͘ϯϭϳ͘ϰϳϰϳ
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS ^ŝŶĐĞ/ŶĐĞƉƟŽŶ (03/12/24)
City of Monterey Park ;Ϭ͘ϱϳйͿ ϭ͘ϭϭй ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ ĞŶĐŚŵĂƌŬZĞƚƵƌŶΎ ;Ϭ͘ϱϴйͿ ϭ͘ϭϭй ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ ͲͲ
ǀĞƌĂŐĞDŽĚŝĮĞĚƵƌĂƟŽŶ ϭ͘ϴϱ
ǀĞƌĂŐĞŽƵƉŽŶ ϰ͘Ϭϴй
ǀĞƌĂŐĞWƵƌĐŚĂƐĞzdD ϰ͘ϴϵй
ǀĞƌĂŐĞDĂƌŬĞƚzdD ϰ͘ϰϰй
ǀĞƌĂŐĞYƵĂůŝƚLJ AA
ǀĞƌĂŐĞ&ŝŶĂůDĂƚƵƌŝƚLJ Ϯ͘Ϯϯ
ǀĞƌĂŐĞ>ŝĨĞ ϭ͘ϵϭ
Beg. Values as of
10/01/2024
End Values as of
10/31/2024
DĂƌŬĞƚsĂůƵĞ Ϯϱ͕ϴϱϭ͕ϲϲϮ͘ϰϵ Ϯϱ͕ϲϵϵ͕ϴϯϯ͘ϯϵ
ĐĐƌƵĞĚ/ŶƚĞƌĞƐƚ ϭϵϵ͕Ϭϲϳ͘Ϭϳ ϭϵϵ͕ϲϰϴ͘ϱϵ
Total Market Value 26,050,729.56 25,899,481.98
/ŶĐŽŵĞ
ĂƌŶĞĚ ϭϮϵ͕ϱϬϱ͘Ϯϵ ϭϬϰ͕ϴϱϰ͘ϯϲ
ŽŶƚͬt Ϭ͘ϬϬ Ϭ͘ϬϬ
Par Ϯϱ͕ϲϳϴ͕ϮϬϱ͘ϵϰ Ϯϱ͕ϳϲϯ͕ϳϱϮ͘ϱϰ
ŽŽŬsĂůƵĞ Ϯϱ͕ϰϮϰ͕ϱϳϵ͘ϰϮ Ϯϱ͕ϱϮϲ͕ϲϮϳ͘ϵϵ
ŽƐƚsĂůƵĞ Ϯϱ͕ϯϮϴ͕ϵϲϳ͘ϭϮ Ϯϱ͕ϰϯϭ͕ϮϭϬ͘ϭϮ
hŶŝƚĞĚ^ƚĂƚĞƐ ϯϴ͘Ϭϯй
&,>D ϵ͘ϭϬй
&ĂƌŵƌĞĚŝƚ^LJƐƚĞŵ ϳ͘Ϭϳй
&ĞĚĞƌĂů,ŽŵĞ>ŽĂŶĂŶŬƐ ϳ͘Ϭϲй
WZ/ŶĐ Ϯ͘Ϯϰй
ĂŶŬŽĨŵĞƌŝĐĂƌĞĚŝƚĂƌĚdƌƵƐƚ ϭ͘ϰϳй
:ŽŚŶĞĞƌĞKǁŶĞƌdƌƵƐƚ ϭ͘ϰϳй
,LJƵŶĚĂŝƵƚŽZĞĐĞŝǀĂďůĞƐdƌƵƐƚ ϭ͘ϯϳй
ΎWĞƌŝŽĚƐŽǀĞƌϭLJĞĂƌĂƌĞĂŶŶƵĂůŝnjĞĚ͘
ĞŶĐŚŵĂƌŬ͗/
ŽĨϭͲϯzĞĂƌh^dƌĞĂƐƵƌLJΘŐĞŶĐLJ/ŶĚĞdž^ĞĐŽŶĚĂƌLJĞŶĐŚŵĂƌŬ͗ Ύ^ĞĞ&ŽŽƚŶŽƚĞ
dŚĞĐƌĞĚŝƚƋƵĂůŝƚLJŝƐĂǁĞŝŐŚƚĞĚĂǀĞƌĂŐĞĐĂůĐƵůĂƟŽŶŽĨƚŚĞŚŝŐŚĞƐƚŽĨ^ΘW ͕DŽŽĚLJ͛Ɛ͛ĂŶĚ&ŝƚĐŚ
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar No. 3B
TO: Th
e Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Resolution Adopting the Recognized Obligation Payment Schedule and Administrative Budget for July 1, 2025 – June 30, 2026
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution approving the Recognized Obligation Payment Schedule (ROPS 25-26 A&B) for the period between July 1, 2025 – June 30, 2026;
2. Approving the Successor Agency Administrative Budget for July 1, 2025 – June 30, 2026;
3. Directing staff to post and transmit the ROPS and Administrative Budget to the appropriate public agencies; and
4. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Existing law requires the Monterey Park Successor Agency (SA) to formulate Recognized Obligation Payment Schedules (ROPS) under which the SA makes payments for eligible obligations of the former Redevelopment Agency. The ROPS are considered by the Successor Agency Board, proposed to the Oversight Board (OB) and, if approved by the OB, provided to the California Department of Finance for review.
The
ROPS is required to be prepared for an entire 12 months. Staff requests that the City Council, acting on behalf of the SA for the former Monterey Park Redevelopment Agency, consider and adopt the ROPS 2 5-26 A&B and the related administrative budget for the period covering July 1, 2025 – June 30, 2026.
BACKGROUND:
ROPS 25-26 A&B has no new line items and requests an amount of $2,294,510 including an administrative budget of $190,000 for the period of July 1, 2025 through June 30, 2026.
To m
eet the deadlines for disbursement of funds from the County of Los Angeles, both the SA and the OB must approve the ROPS and submit it to the Department of Finance by January 31, 2025.
Staff Report
November 20, 2024
The First District Consolidated Oversight Board is scheduled on January 13, 202 5 to review the ROPS as well as the administrative budget after the SA’s approval. The deadline for the Successor Agency to the First District Consolidated Oversight Board is December 16, 2024.
FISCAL IMPACT:
All monies received from the request made on the ROPS go into the account of the Successor Agency for obligations of the former Redevelopment Agency.
Respectfully prepared and submitted by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
ATTACHMENT:
1. Resolution ROPS 25-26 A&B
Staff Report
November 20, 2024
ATTACHMENT 1
Resolution ROPS 25-26 A&B
RESOLUTION NO. SA- ___
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE MONTEREY PARK
REDEVELOPMENT AGENCY ADOPTING RECOGNIZE D OBLIGATION
PAYMENT SCHEDULE S PURSUANT TO HEALTH AND SAFETY CODE § 34177.
The City Council, acting on behalf of the Successor Agency to the Monterey Park Redevelopment Agency (“Successor Agency”), does resolve as follows:
SE
CTION 1: The City council finds and declares that:
A. On June 29, 2011, AB 1X 26 and AB 1X 27 became effective, requiring that each redevelopment agency within California be dissolved unless the community that created it enacts an ordinance committing it to making certain payments;
B. On December 29, 2011, the California Supreme Court issued a decision in California Redevelopment Association v. Matosantos (2011) 53 Cal. 4 th 231
largely upholding AB 1X 26, invalidating AB 1X 27 as unconstitutional, and holding that AB 1X 26 may be severed from AB 1X 27 and enforced independently;
C. As a result of the Supreme Court’s decision, the Monterey Park Redevelopment Agency (the “redevelopment agency”), created pursuant to the Community Redevelopment Law, was dissolved pursuant to AB 1X 26 on February 1, 2012;
D. By its Resolution No. 11455 adopted on January 11, 2012, the City Council of the City of Monterey Park chose to act on behalf of the successor agency for the Redevelopment Agency (the “Successor Agency”); and
E. In adopting this Resolution for t he Successor Agency, the City Council approves the Recognized Obligation Payment Schedule (designated as ROPS 25-26 A &B by the California Department of Finance) on behalf of the Successor Agency for the period from July 1, 2025 through June 30, 2026.
SE
CTION 2: Recognized Obligation Payment Schedules. The City Council adopts ROPS 25-26 A&B attached as Exhibit “A” to this Resolution and incorporated by reference. The City Council also adopts the Administrative Budget attached as Exhibit “B” to this Resolution and incorporated by reference.
Resolution No. SA–___
SE
CTION 3: Authorization. The City Manager, or designee, acting on behalf of the Successor Agency is authorized and directed, jointly and severally, to implement this Resolution including, without limitation, providing documents associated with the ROPS 25-26 A&B to the Oversight Board, City Council, Department of Finance, county Controller and (if applicable) State Controller. The City Manager, or designee, is the official whom the Department of Finance may make requests for review in connection with the ROPS 25-26 A&B.
SE
CTION 4: Amendment. The ROPS may be amended from time- to-time at any public meeting of the City Council acting on behalf of the Successor Agency.
SE
CTION 5: Environmental Determination. This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
SE
CTION 6: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Successor Agency and applicable law.
The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SE
CTION 7: Summaries of Information. All summaries of information in the findings, which precede this Section, are based on the substantial evidence in the record including, without limitation, verbal and documentary evidence submitted to the Successor Agency. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SE
CTION 8: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SE
CTION 9: The Secretary is directed to certify the adoption of this Resolution; record this Resolution in the book of the SA’s original resolutions; and make a minute of the adoption of the resolution in the Successor Agency’s records and the minutes of this meeting.
SE
CTION 10: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
Resolution No. SA–___
PASSED, APPROVED, AND ADOPTED this 20
th day of November 2024.
______________________________
Thomas Wong, Mayor
ATTEST:
___________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Exhibit A
Monterey Park
ROPS 2025-26 Annual
Requested Funding for Obligations 25-26A Total 25-26B Total ROPS Total A Obligations Funded as Follows (B+C+D) 0 0 0
B Bond Proceeds 0 0 0
C Reserve Balance 0 0 0
D Other Funds 0 0 0
E
Redevelopment Property Tax Trust Fund
(RPTTF) (F+G) 1,148,652 1,145,858 2,294,510
F RPTTF 1,053,652 1,050,858 2,104,510
G Administrative RPTTF 95,000 95,000 190,000
H Current Period Obligations (A+E) 1,148,652 1,145,858 2,294,510
Exhibit A
Monterey Park ROPS 2025-26 Annual
Item # Obligation Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date Payee Description
Total
Outstanding
Obligation
Total
Requested
Funding
1 Successor Agency Administration Costs Admin Costs 1/1/2014 7/12/2034 Successor Agency Successor Agency Administration Costs - labor and overhead 35,516,622 190,000 28 Housing Fund Repayment of SERAF Loan LMIHF Loans 8/4/2010 6/30/2030 Housing Successor Agency Housing Fund Repayment of SERAF Loan 690,322 137,342 31 Atlantic-Garvey Tax Allocation Refunding Bonds, 2013A Bonds Issued On or Before 12/31/10 12/24/2013 9/1/2026 US Bank Bonds issued to advance refund the 2002 Tax Allocation Bonds 1,968,071 1,313,118 32 Trustee Fees for Merged Tax Allocation Refunding Bonds, 2013B Bonds Issued On or Before 12/31/10 12/24/2013 9/1/2028 US Bank Fees for Trustee of Refunding Bonds 20,250 1,000 33 Trustee Fees for Atlantic-Garvey Tax Allocation Refunding Bonds, 2013A Bonds Issued On or Before 12/31/10 12/24/2013 9/1/2026 US Bank Fees for Trustee of Refunding Bonds 21,620 1,000 36 Merged Tax Allocation Refunding Bonds, 2013B Bonds Issued After 12/31/10 12/24/2013 9/1/2028 US Bank Bonds issued to advance refund the 1998 Tax Allocation Bonds 2,284,034 652,050 2,294,510
Exhibit A and B ROPS 2025-26.xlsx
Exhibit A
A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.
Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution amount 0 2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total distribution from the County Auditor-Controller
2,401,677
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
2,401,677
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
0$ 0$ 0$ 0$ 0$ No entry required
Monterey Park Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips.
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds
Exhibit B
City of Monterey Park
Successor Agency Administrative Costs
7/1/2025 - 6/30/2026
ROPS Item # 1
ROPS 25-26 A&B
Source of 12-Month Period
Name Payment Total
Successor Agency
Direct Project Management Cost
Salaries: RPTTF
ROPS documents preparation, filing, audits and other misc. 40,000 Accountant
Finance Manager
Director of Finance
Agreements, resolutions, meetings RPTTF 50,000
Administrative Secretary
Finance Manager
Director of Finance
City Clerk
City Attorney
City Manager
Total Direct Project Management Cost 90,000
Administrative Cost
Insurance and Benefits RPTTF 22,000
OPEB Obligations, Pension Charges RPTTF 12,000
Office Supplies (paper/toners/ink) RPTTF 1,000
Postage / Messenger Service / Telephone RPTTF 1,000
Legal Services RPTTF 5,000
SA Audit and Annual Financial Statement (The Pun Group, etc) RPTTF 22,000 Other Professional Contracted Services, Technology Charges (HdL Property Tax Service, etc) RPTTF 32,000
Printing / Copying / Duplicating Equipment Rental / Other Misc RPTTF 5,000 Total Administrative Cost 100,000
Total Direct and Administrative Cost 190,000$
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3C
TO: The Honorable Mayor and City Council
FROM: Chris Thompson, Fire Chief
SUBJECT: State Homeland Security Program Subrecipient Agreement Grant Year 2023 – Award Agreement
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an agreement with the County of Los Angeles, in a form approved by the City Attorney , to accept an award of $13,459 for the State Homeland Security Program Grant Year 2023 (SHSP 2023); and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The County of Los Angeles is a Subgrantee of the State Homeland Security Program Grant Year 2023 provided by the U.S. Department of Homeland Security. Per the subrecipient agreement, the County of Los Angeles is authorized to enter a subrecipient agreement with the City of Monterey Park, which includes a distribution of SHSP 2023 grant funds to the City of Monterey Park in the amount of $13,459 . The award includes Urban Search and Rescue equipment and specific regional training for department suppression staff. Staff recommends the City Council authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with the County of Los Angeles to accept an amount not to exceed $13,459, for the SHSP 2023 Grant.
BACKGROUND:
Monterey Park Fire Department must keep pace with public safety needs in the City and region. Per the subrecipient agreement, “this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercis e and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, response to, and recover from threats or acts of terrorism.” Monterey Park Fire Department has been awarded SHSP grants in the past and seeks City Council approval of the SHSP 2023 Grant and subrecipient agreement.
FISCAL IMPACT:
The City of Monterey Park will receive a total of $13,459 from the 2023 State Homeland Security Program. This award has been budgeted in the Fiscal Year 2024-25 budget.
Staff Report
November 20, 2024
Respectfully submitted by: Prepared by:
Chris Thompson
Fire Chief
Rebecca Bojorquez
Principal Management Analyst
Reviewed by:
___________________________
Martha Garcia
Finance Director
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
Staff Report
October 16, 2024
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3D
TO: T
he Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Consideration and possible action to waive second reading of an Ordinance adopting regulations governing data centers within Saturn Park in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Waiving the second reading and adopting the proposed ordinance; and
2. Taking such additional, related, action that may be desirable.
EXECU
TIVE SUMMARY:
The Ordinance was introduced and received first reading at the November 6 , 2024 City Council meeting. The original staff report (from November 6, 2024) is attached for reference. Second reading and adoption of these Ordinances is recommended. If adopted, the ordinance will take effect in 30 days.
Respectfully submitted and prepared
by:
Jessica Serrano
Director of Community
Development
Staff Report
November 20, 2024
Approved by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHME
NTS:
1. Ordinance No. ____ amending the Monterey Park Municipal Code
2. City Council Staff Report, dated November 6, 2024 (without attachments)
Staff Report
November 20, 2024
ATTACHMENT 1
Ordinance No. ____ amending the Monterey
Park Municipal Code
ORDINANCE NO.
AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE
CHAPTER 21.14 (ZCA- 24-02) TO AMEND REGULATIONS GOVERNING DATA PROCESSING FACILITIES IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON NOVEMBER 3, 2020).
The City Council of the City of Monterey Park does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. This Ordinance is adopted pursuant to the voters’ directives in Ordinance No. 2198, as adopted November 3, 2020 via Measure JJ.
B. Based upon recommendations of the Saturn Park Advisory Review Commission (“SPARC”), the City Council will be considering expansion of uses within Saturn Park.
C. As a preliminary matter, however, the City Council finds that there is a current interest by developers to construct “data centers” within Saturn Park. A review of the Monterey Park Municipal Code (“MPMC”) confirms that the “data center” land use is not considered as part of the current zoning regulations. While a “data processing facility” is listed as an allowed land use within Saturn Park, that term is not defined. Additionally, since this term was added to the MPMC in 1998, it was well before the concept internet commerce emerged as the “new economy”; the term did not encompass the scope of uses contemplated by contemporary data center developers.
D. It is plain that data centers – as they have developed in the 25 years since the Saturn Park regulations were first added to the MPMC – are energy hungry land uses that are generally aesthetically displeasing and provide few public benefits. Current data show that, overall, buildings consume 74% of all electricity in the United States.
E. Goal 2 of the City’s Environmental Justice Element provides that “Community health and the reduction of exposure to environmental pollutants is a priority and part of all planning and policy practices.” Additionally, Goal 3.1 provides that the City should “[m]aximize the use of the City’s existing open space network and recreation facilities by enhancing those facilities and providing connections, particularly from disadvantaged neighborhoods.”
F. These Goals and Policies reflect the City Council’s overall intent to provide for a cleaner, greener, and more enjoyable community both for our current residents and for future generations.
G. Requiring data centers to adhere with green building principles is a form of climate action that minimizes greenhouse gas emissions, relies on energy efficiency and renewable resources, conserves water, optimizes material use,
Ordinance No.
provides healthy and biodiverse environments, and bolsters an equitable society.
H. Third party rating systems characterize the lifecycle considerations for green buildings. These programs can offer credibility, transparency, and consistency to project teams in pursuit of an elevated and well-defined performance standards for data centers.
I. It is in the public interest to update the MPMC as to data centers while also considering additional uses for Saturn Park as contemplated by Measure JJ, SPARC, and the City Council.
SECTION 2: Pursuant to MPMC § 21.38.050, the City Council finds as follows:
A. Land Use and Urban Design Element: This Ordinance complies with Policy
4.2 (Sustainable Practices); Policy 4.3 (Environmental Burden); Policy 4.4 (Freeway Buffer Greening); Policy 4.5 (New Development); Policy 4.6 (Active Transportation); Policy 11.1 (Privacy); Policy 12.1 (Compatibility); Policy 12.2 (Comprehensive Design); and Policies 25.1, 25.2, and 25.3 (specific as to Saturn Park).
B. Environmental Justice Element: This Ordinance complies with Policy No. 2.1 (limiting environmental pollution); Policy 2.2 (promote enhanced health outcomes and improved quality of life); and Policy 3.2 (work with local business community to expand green space programs).
C. These regulations will not adversely affect surrounding properties. Such regulations will operate citywide and will not affect a change in the use or the intensity of use of property in any zone.
SECTION 3: Environmental Review. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).
SECTION 4: Renaming of Zone; Amendment of Zoning Map; Amendment of MPMC §
21.02.210. All references to “O-P—OFFICE PROFESSIONAL ZONE (VOTER ENACTED)” within the MPMC are amended to read “S-P – SATURN PARK
INNOVATION/TECHNOLOGY ZONE.” All references to the “O-P zone” within MPMC Chapter 21.14 are amended to read “S-P zone.” The reference to the “McCaslin Business Park (O-P Voter Enacted)” in the Zoning Map is amended to read “Saturn Park Innovation/Technology Zone.” MPMC § 21.02.210(B) is amended to add the “Saturn Park Innovation/Technology Zone” to the table of Zone Designations.
Ordinance No.
SECTION 5: MPMC Chapter 21.14 is amended to add sections 21.14.210 and 21.14.220 to read as follows:
“Chapter 21.14
S-P – SATURN PARK INNOVATION/TECHNOLOGY ZONE
* * *
21.14.210. Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:
“Data center” means a building, dedicated space within a building, or group of structures located on one or more acres of land used to house a large group of networked computer systems used for data storage and processing for off-site and on-site users, to be used for the remote storage, processing, or distribution of large amounts of data. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, back -up batteries, fire suppression systems, enhanced security features, and other associated utility infrastructure to support operations. This definition does not apply to smaller data processing facilities that are located on less than one acre of land and where such facilities are accessory or incidental to another primary use.
“Data processing facility” means a building, dedicated space within a building, or group of buildings primarily used for the processing, storage, and management of electronic data on less than an acre of land. This type of facility typically involves activities such as data entry, storage, conversion, and analysis for onsite use.
“Director” means the City Manager or designee. Unless otherwise designated by the City Manager, the Community Development Director is the Director.
* * *
21.14.220. Data Centers – Development Agreement Required - Requirements
Data centers are permitted only with a development agreement in accordance with Chapter 21.44 of this code.”
SECTION 5: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
Ordinance No.
SECTION 6: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 7: Severability. If any part of this Ordinance or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 8: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.
SECTION 9: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
PASSED AND ADOPTED this ____ day of _________, 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Staff Report
November 20, 2024
ATTACHMENT 2
City Council Staff Report, dated
November 6, 2024 (without attachments)
City Council Staff Report
DATE: November 6, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Director of Community Development
SUBJECT: Consideration and possible action to adopt regulations governing data centers within Saturn Park in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing and taking testimonial and documentary evidence;
2. After closing the public hearing and considering the evidence submitted during that public hearing:
a. Adopting an Urgency Ordinance (Attachment 1) upon 4/5 vote pursuant to Government Code § 65858 amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020);
b. Introducing and waiving first reading of Ordinance No. _____ (ZCA -24-02) (Attachment 2) amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020); and
c. Adopting Resolution No. _____ (Attachment 3) adopting design guidelines for data centers in accordance with MPMC Chapter 21.14; and
3. T aking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq.; the “CEQA Guidelines”), the City reviewed the environmental impacts of the proposed regulations . No additional environmental review is required for these regulations pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and § 15061(b)(3). These regulations are exempt from additional CEQA review because the regulations would amend existing zoning to govern data centers within Saturn Park in accordance with the voter enacted Land Use Element. This will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment.
Additionally, the regulations are exempt from additional CEQA review under the
Staff Report
November 6, 2024
commonsense exemption that it will not affect the environment. Any future data center project applications will require separate environmental review as required by applicable law.
EXECUTIVE SUMMARY:
On October 2, 2024, the City Council considered the Saturn Park Advisory Review Committee’s (“SPARC’s”) recommendation regarding potential future land uses as part of implementation of the Land Use and Urban Design Element (“LUE”) to the General Plan. The City Council directed staff to draft amendments to MPMC Chapter 21.14 affecting properties within Saturn Park , including conducting research and developing regulations governing data centers to address concerns related to energy, water, air quality, noise and building design.
ZCA-24-02 proposes regulations for data centers within Saturn Park which implement the LUE. As a separate document, design guidelines for data centers are included for City Council consideration.
BACKGROUND:
TYPE OF ACTION: LEGISLATIVE
Decision-Making Body: Pursuant to MPMC § 2.56.020(c), the City Council is the City’s Planning Agency for this matter. In considering the recommended actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).
For the proposed Zoning Ordinance Text Amendment, the City Council must make the findings in MPMC § 21.38.050:
• That the proposed text amendment is consistent with the goals, policies, and objectives of the General Plan;
• That the proposed text amendment will not adversely affect surrounding properties; and
• That the proposed text amendment promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations.
These findings are included in the draft o rdinances; the facts upon which these findings rely are also included with the draft documents.
EXISTING DATA CENTER REGULATIONS
The current regulations within MPMC Chapter 21.14 were enacted by the voters in 1998 and are generally identified as “Office Professional” or “O -P.” To avoid confusion with other zoning regulations that were adopted by the City Council in 2013, the regulat ions affecting Saturn Park were designated as “O-P (Voter Enacted).”
Staff Report
November 6, 2024
The City is currently processing an application for a “data center” at 1977 Saturn. One of the City Council’s topics of discussion – which was also discussed by the SPARC – is the public interest in regulating data centers within Saturn Park. While the proposed use at 1977 Saturn was classified as a “data processing facility,” voters in 1998 could not have contemplated a “data center” use.
CURRENT AND PROPOSED DEFINITIONS
The MPMC does not current define a data center; data processing facilities are defined as
“a building, dedicated space within a building, or group of buildings primarily used for the processing, storage, and management of electronic data on less than an acre of land. This type of facility typically involves activities such as data entry, storage, conversion, and analysis for onsite use.”
Should the proposed regulations be adopted, the MPMC would be amended to include the following definition of a “data center”:
“a building, dedicated space within a building, or group of structures located on one or more acres of land used to house a large group of networked computer systems used for data storage and processing for off -site users, to be used for the remote storage, processing, or distribution of large amounts of data. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, back-up batteries, fire suppression systems, enhanced security features, and other associated utility infrastructure to support operations. This definition does not apply to smaller data processing facilities that are located on less than one acre of land and where such facilities are accessory or incidental to another primary use.”
This definition more accurately describes the data centers utilized nationwide for cloud storage; data transmissions; and other internet related activities. It also reflects the resource intense nature of such land uses.
PROPOSED REGULATIONS
The proposed regulations would help mitigate the impact of data centers on both surrounding land uses and on environmental resources. These efforts are reflected in:
• Aesthetics – the proposed design guidelines would craft data center buildings that are more than a box with wires. Such structures should help enhance the Saturn Park community and its surroundings with attractive architectural.
• Leadership in Energy and Environmental Design (“LEED®”) certified building designs for sustainable construction – this will help alleviate the impact of data
Staff Report
November 6, 2024
centers on energy, water, and other resources. The intent is to encourage use of renewable resources and reduce electrical use.
• Public benefits – the regulations would require data centers to execute a development agreement with the City to ensure that the community benefits from the presence of these land uses. Because data centers do not “sell” anything, they are not generally a significant source of tax revenue (other than limited property taxes). A development agreement will help not only protect the investment of data center developers but also provide a vehicle by which benefits may flow to the City.
• Green technology – among other things, data center would be required to provide onsite electric vehicle charging stations. Additionally, such uses must ensure that noise emanating from generators, etc., are reduced to the extent practicable.
LEGAL NOTIFICATION:
The legal notice of this hearing was posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center and published in Monterey Park Press on October 24, 2024, with affidavits of posting on file.
2024-25 STRATEGIC PLAN GOAL:
The proposed code amendments meet the 2024- 25 Strategic Plan Goal to “ Strengthen our local economy and enhance housing opportunities” by providing a framework from which data centers will be allowed to be built in a sustainable way that will create benefits to the community.
FISCAL IMPACT:
There are no identifiable fiscal impacts associated with adopting the Ordinance itself (other than costs associated with codifying the Ordinance).
Respectfully submitted and prepared
by:
Jessica Serrano
Director of Community
Development
Staff Report
November 6, 2024
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Urgency Ordinance No. ____ amending the Monterey Park Municipal Code
2. Regular Ordinance No. ____ amending the Monterey Park Municipal Code
3. Resolution No. ____ adopting design standards that apply to data center developments
4. Data Center Research:
a. County of Fairfax, Virginia – Data Centers Report and Recommendations, dated January 9, 2024
b. Article – As Data Centers Zap Power, Some Pols Ponder The Unthinkable: Pulling The Plug, dated October 9, 2024
c. Article – Recommendations for Proposed Zoning Ordinance Amendment for Data Center Impacts in Fairfax County, dated May 20, 2024
5. Notice of Determination
18'/$'4
Consent Calendar - 3E
*'1014#$.'#;14#0&+6;170%+.
*#90)1'+4'%6141(
7$.+%"14-5
22418#.1( '%10&/'0&/'0661)4''/'069+6*!0+(; 6#((+0)
6+54'%1//'0&'&6*#66*'+6;170%+.%105+&'4
76*14+<+0) 6*'+6;#0#)'461':'%76'# '%10&/'0&/'0661)4''/'06
9+6*!0+(; 6#((+0)+0#(14/#22418'&$;6*'+6;66140';(14%106+07'& 56#((#7)/'06#6+105'48+%'5(14 6*'
#4-5#+06'0#0%'+8+5+10 (14#0#&&+6+10#.
#/17061(
#0&
#-+0)57%*#&&+6+10#.4'.#6'&#%6+106*#6/#;$'&'5+4#$.'
!0+(; 6#((+0)%744'06.;2418+&'556#((#7)/'06#6+105'48+%'5 (146*' #4-5#+06'0#0%'
+8+5+10 '/214#4;56#((#7)/'06#6+105'48+%'5#4'0''&'8*' +6; %106+07'561 4'%47+6 (146918#%#06215+6+105 9+6*+06*'
#4-5#+06'0#0%'+8+5+10 *'%744'06
%1064#%6#/17069+6*!0+(; 6#((+0)+5(14
6#((4'%1//'0&5#0/'0&/'0661
+0%4'#5'6*'%744'06%1064#%6#/1706$;
(14#616#.%1064#%6#/17061(
(14%106+07'&56#((+0)5'48+%'56*417)*70'
7'6110)1+0)56#((+0)5*146#)'56*'+6;=5
#4-#+06'0#0%'+8+5+10%1064#%6'& 9+6*
!0+(; 6#((+0)+07.; 61 6'/214#4+.;#7)/'0656#(( (14 10)1+0)5722146 1(+65&#+.; 12'4#6+105!0+(; 6#((+0)%106+07'5612418+&'4'.+#$.'#0&37#.+(+'&56#((61/''66*' %744'060''&51(6*'
#4-5#+06'0#0%'+8+5+10(146*'/#+06'0#0%'1(6*'+6;=5564''6 #0& 2#4-9#; 64''5 /'&+#05 )#4&'05 +6; 2#4-5 #0& #.51 57221465 6*' #4-5
#+06'0#0%'+8+5+10(148#4+175241,'%65'0574+0)/#+06'0#0%'0''&5#4'/'6241/26.; 9+6*17618'4$74&'0+0)56#((
*'
7$.+%"14-5'2#46/'06%106+07'561':2'4+'0%'%*#..'0)'5+04'%47+6+0)37#.+(+'& 56#((61(+..8#%#0%+'5 6+5#06+%+2#6'&6*#656#((+0)5*146#)'59+..%106+07'+06*' #4-5
#+06'0#0%'+8+5+1018'46*'0':65'8'4#./106*5 *'%744'06#)4''/'06#/17069+6* !0+(; 6#((+0)+5(14
6+54'%1//'0&'&6*'+6;#/'0& 6*'%744'06#)4''/'06 9+6*!0+(; 6#((+0)(14#0#&&+6+10#.#/17061(
(14#616#.#)4''/'06#/17061(
9*+%*9+..%106+07'612418+&'6*'
#4-5#+06'0#0%' +8+5+10 #%%'55 61
6'/214#4;56#((+0)5'48+%'5706+.215+6+105#4'(+..'&
6#((
'2146
#)'1(
18'/$'4
*'241215'&#/'0&/'06/''656*'+6;=51#.61/#+06#+0+0(4#5 647%674'#0&(#%+.+6+'5 6157221466*'%744'06#0&(7674'0''&51(6*'%1//70+6;
*'%744'06%1064#%6#/17069+6*!0+(; 6#((+0)+5(14 *'241215'&/'0&/'06
*#5#%156 1(
(14#616#.%1064#%6#/17061(
6*417)*70'
*'+6;9+..75'5#.#4;5#8+0)5(41/7..6+/'
#4-58#%#0%+'561%18'46*'%15651(6*'
/'0&/'06
'52'%6(7..;57$/+66'&$;
'8+'9'&$;
*#90)1'
+4'%6141(
7$.+%"14-5
#46*##4%+#
+4'%6141(+0#0%'
22418'&$;
'8+'9'&$;
0'<.8#4'<
+6;#0#)'4
#4.'4)'4
+6;66140';
10'
#4.''''''''''''''''''''''''''''''''''''''''''' 4)4))4)4)4)4)4)4))4)4)4))))))4)4)4))))))))))4)))4)4)))))4))))))4)4))4))))4)))))4))))))4)))))4))))))4)4))))4))4)))4))))4)4)))4)4)))))4)))4)4))))))4))))44))))44)))4))4))4)4444)4))444))44))44)444 '4 +6;666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666666661444444444444444444444444444444444444444444444444444444444444444444444444444444444440'00000000000000000000000000000000000000000000000000000000000000000000000000000000000 ; $;
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3F
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: First Amendment to Agreements with Eurofins, Weck and Clinical Lab for Lab Analyses
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute the First Amendment, in a form approved by the City Attorney, to the Agreements with Eurofins Eaton Analytica, LLC (2399- AC), Weck Analytical Environmental Services, Inc. (2273-AA), and Clinical Lab of San Bernardino, Inc. (2300-AD) extending the term of the agreements to June 30, 2028, and increasing the not to exceed combined total from $400,000 to $500,000 annually for laboratory analysis services for the Water Division;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Water Division is requesting approval of the First Amendment to the Professional Services Agreements with three laboratory firms – Eurofins, Weck, and Clinical Lab – for water analyses services. The amendment will increase the combined not to exceed total from $400,000 to $500,000 annually and extend the term of the agreements to June 30, 2028.
BACKGROUND:
On April 20, 2022, City Council awarded three -year agreements to three labs - Eurofins Eaton Analytica, LLC, Weck Analytical Environmental Services, Inc. and Clinical Lab of San Bernardino, Inc. – for water analyses services for a combined total not to exc eed $400,000 annually. These agreements will terminate in May 2025.
Each of the three labs provides specialized services for water production: Weck provides water sampling analysis for the Water Division’s National Pollutant Discharge Elimination System (“NPDES”) permit; Clinical provides sampling for the distribution system and the at well heads (Wells 5, 12, 15 and Wells 1, 3, 10, and Fern); and Eurofins provides sampling for the Centralized Groundwater Treatment System (“CGTS”).
Staff Report
November 20, 2024
These labs require certification from the State Division of Drinking Water (“DDW”) to test certain constituents as well as the ability to meet the specific testing requirements of the City’s Water Division operations permit. Not all labs can provide analyses for all the regulated constituents and each lab’s t urn-around time is varied based on its location, size of operation and case load.
The Water Division has established good working relationships with all three labs:
Eurofins has provided services to the city since 2018, and Weck and Clinical since 1996.
For these reasons, staff is requesting to continue services with all three firms that have proved their capability to provide specific lab analyses. The First Amendment to their Agreements will extend the term of contract from May 31, 2025 to June 30, 2028. The Amendment will also increase the annual combined total budget from $400,000 t o $500,000.
The new CGTS requires sampling for residual hydrogen peroxide and the State’s new mandate to monitor p er- and polyfluoroalkyl substances ( “PFAS”). These additional lab analyses have increased the FY 2024-25 costs by $100,000.
FISCAL IMPACT:
The Water Division’s FY2024-25 annual budget includes $500,000 for laboratory analysis services.
Lab analyses costs related to water treatment are an eligible expense under the South El Monte Operable Unit (“SEMOU”) for the basin cleanup and can be reimbursed.
Respectfully submitted by: Prepared by:
Shawn Igoe
Director of Public Works
Frank Heldman
Water Utility Manager
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
4882-0830-8877 v2
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3G
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Percolation testing – Award of Geotechnical Services to Converse Consultants
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a professional services agreement substantively similar to Attachment No. 2, in a form approved by the City Attorney, with Converse Consultants in the amount of $75,995 for percolation testing; and
2. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.
EXECUTIVE SUMMARY
The City is considering the installation of two drywells for the treatment of stormwater at different locations within the City. The first location is on New Avenue, North of Graves Avenue. The second location is near City Hall on Newmark Avenue.
The Public Works Director solicited and obtained two proposals from two geotechnical firms, Converse Consultants and Terracon to complete geotechnical testing in preparation for the proposed work. It is recommended that City Council authorize the City Manager to execute a professional service agreement with Converse Consultants, for the performance of percolation testing at two locations in the amount of $75,995.
BACKGROUND
Cities that drain to the Rio Hondo, including Monterey Park, must comply with the dry weather bacteria Total Maximum Daily Load ( “TMDL”) for the Rio Hondo. Compliance means that dry weather flows from these cities cannot contribute to high levels of bacteria in the Rio Hondo. The City is considering the installation of a drywell to intercept the dry weather flows to the Rio Hondo prior to its discharge out of the City limits, then directing
Staff Report
November 20, 2024
the flow to a dry well. Drywells can be used to reduce the adverse effects of stormwater runoff on streams and rivers. Capturing urban stormwater prevents the runoff from entering streams and lakes where contaminants (bacteria in the City’s case) could cause pollution and could damage aquatic habitats.
The Public Works Director solicited proposals from two geotechnical firms to perform the geotechnical testing at the two locations where drywells are contemplated. Converse Consultants and Terracon provided proposals that meet the Los Angeles County Department of Public Health (“DPH”) and LA County Public Works LID guidelines.
Converse Consultants provided a proposal for $75,995 and Terracon provided a proposal for $82,000. Converse Consultants have provided various geotechnical services to the City over the years. It is recommended that the City Council award the geotechnical services to Converse Consultants for a total of $75,995.
2024-25 STRATEGIC PLAN GOAL
The infiltration testing will help determine if the proposed drywells are a suitable solution for the City to treat stormwater and help meet State law and maintain City facilities to support the current and future needs of our City and community.
FISCAL IMPACT
The proposed investigation work is being performed in preparation for upcoming stormwater infiltration projects. There are sufficient funds in CIP No. 96051 for the proposed work.
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENTS:
1. Converse Consultants Proposal
2. Sample Professional Services Agreement
Staff Report
November 20, 2024
ATTACHMENT 1
Converse Proposal
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services
717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com
August 8, 2024
August 20, 2024 updated
September 20, 2024 updated
Mr. Anthony Bendezu
Civil Engineering Associate
City of Monterey Park
320 West Newmark Avenue
Monterey Park, California 91754
Subject: PROPOSAL TO CONDUCT PERCOLATION TESTING
Monterey Park Drywell Installation Project
320 West Newmark Avenue and near the intersection of
Graves Avenue and New Avenue
Monterey Park, California
Converse Project No. 24-31-231-00 (01)
Dear Mr. Bendezu:
Converse Consultants (Converse) appreciates the opportunity to submit this proposal describing our recommended scope of services and fees to conduct subsurface exploration (drilling), percolation testing, grout backfill, and prepare a report to present our findings for the subject project. This proposal is in response to a request for proposal from you dated August 5, 2024. This proposal is updated to include additional depth of investigation for the drywells.
SITE / PROJECT DESCRIPTION
We understand that the City of Monterey Park is proposing to install 2 drywells within City boundaries as described below:
Well #1
The City is proposing to install a 30 feet deep drywell at the City of Monterey Park Civic Center complex. The address of the Well #1 location is 320 West Newmark Avenue in Monterey Park. The coordinates are Latitude 34.05969, Longitude -118.12578. Proposed finish grade elevation will be at existing grades.
Well #2
The City is also proposing to install a 50 feet deep drywell near the intersection of Graves Avenue and New Avenue. Well #2 is located in the southbound parking lane/ right lane along New Avenue, approximately 140 feet north of the intersection with Graves Avenue.
The coordinates are Latitude 34. 05575, Longitude -118.10819. Proposed finish grade elevation will be at existing grades.
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
SCOPE OF SERVICES
The objective of the subsurface exploration and percolation testing will be to evaluate the suitability of the subgrade soil and obtain samples for laboratory testing. Converse will provide the necessary personnel, equipment and materials to explore the site. Our scope of work will include the following tasks:
Task 1: Project Set-Up
As part of project set-up, personnel from our office will conduct the following:
Coordinate site access with the City of Monterey Park. Stake/Mark the drilling locations in the field so the drill rig has access to the designated locations.
Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the drilling locations of any conflict with existing underground utilities.
Task 2: Subsurface Exploration
The purpose of the fieldwork will be to determine the underground conditions and obtain bulk and undisturbed samples of soil for laboratory testing. Each field investigation method is presented as follows:
Soil Borings
The purpose of the field investigation is to:
Obtain subsurface information at the site.
Obtain undisturbed and bulk samples of the various soils encountered at each location for laboratory testing.
Determine the excavatability of the earth materials.
Based upon our research, the historic highest groundwater level in the area has been interpreted to be below 100 feet as per the Seismic Hazard Zone Report for the Los Angeles 7.5 minute Quadrangle, Los Angeles County, California, dated 1998. Based upon an initial review of near surface soils and groundwater levels nearby.
We understand that the City of Monterey Park would like Converse to conduct two (2) borings to a depth of forty (40) feet at Well #1 and to a depth of sixty (60) feet at Well #2, below ground surface, for the purpose of evaluating the soil conditions at the locations for subsequent percolation testing in accordance with Administrative Manual Los Angeles County Public Works, Geotechnical and Materials Engineering Division, GS200.1, Dated 6/30/21 (GS200.1).
At each well location, undisturbed ring samples of the subsurface materials will be obtained at five-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 inches inside diameter and 3.0 outside diameter) lined with thin-
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
walled rings. The sampler will be driven into the bottom of the borehole with successive drops of the driving weight (“blows”) required for one foot of penetration will be shown on the boring summary sheet in the “blow/6- inch” column. The soil will be retained and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags. Groundwater levels where encountered in the borings during drilling, will be recorded.
At each location, a Standard Penetration Test (SPT) will be performed. SPT data will be utilized in evaluating the liquefaction potential and for providing design recommendations.
Task 3: Percolation Testing
A percolation test will be performed at each boring location by using the “Large Diameter Boring Infiltration Test” method according to GS200.1
At each LID location, an 18- inch diameter auger boring will be drilled to the depth determined according to the results of the subsurface exploration, Converse currently assumes those depths will be 30 feet and 50 feet bgs . After boring, two (2) four (4) inch diameter PVC pipes will be installed, one pipe will be solid from ground surface to approximately 10 feet below top of the proposed percolation zone, and perforated for the remainder of the pipe, the other pipe will be perforated to the full depth. The partially solid pipe will be the water introduction pipe, and the fully perforated pipe will be the water level measuring pipe.
The remaining void space will be filled with pea- gravel to approximately 1- 3 feet below ground surface
Pre-Soaking
Pre-soaking will be done by inundating the borehole with water through the water introduction pipe for at least one hour. During pre-soak, the water level will be measured to ensure that the borehole is being pre-soaked to at least the elevation of the infiltration zone, or to the maximum output of the water source.
Test Procedure
After presoak, Converse will determine if the test should be a constant or falling head test.
Water level will be monitored as the borehole percolates.
If water drains in 30 minutes or less, Converse will perform a constant head test. If water drains in more than 30 minutes, Converse will perform a falling head test.
Falling Head Test Procedure
After completion of presoak, the borehole shall be inundated with water to a level less than or equal to the presoak depth via the water introduction pipe. For each successive percolation test reading, the starting water level must be at or near this initial water depth.
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
A sounder shall be utilized to determine the water level during each test. All measurements of water level shall be taken to the nearest 1/8- inch increment via the water level measuring pipe. Measurements of water level shall be taken every half-hour.
Percolation test readings shall be conducted a minimum of six times (for a total of three hours testing), or when a stabilized rate of drop has been obtained, whichever occurs first. A stabilized rate is defined as when the highest and lowest readings of water level drop of three consecutive percolation tests are within 10 percent of each other. The average of the stabilized rate over the last three consecutive test readings shall be used as the pre-adjusted percolation rate.
Constant Head Procedure
After conclusion of the pre-soak, water will be added to the boring at a rate determined to maintain a constant water level at approximately the height of the top of the percolation zone. If the rate of introduction required is greater than the maximum output of the water supply, the constant head test will be performed at the maximum output of the water supply.
Water introduction rate and total volume of introduced water will be determined by use of a 1.5-inch, inline flow meter. Flow rate, total volume of water introduced and water depth will be measured every 10 minutes, the constant head test will be conducted for three (3) hours.
At the end of the three hours of testing, C onverse will monitor the water level as the borehole drains, and will present that information in addition to the constant head test information.
Test Conclusion
At the conclusion of the percolation testing, attempts will be made to remove the pipes from the borehole. If attempts fail, the pipe will be abandoned in place and the hole backfilled with cement slurry or grout.
After completion of the percolation testing, boreholes will be backfilled with cement grout if it is deeper than ten (10) feet as per Los Angeles County Department of Health requirements. Boring depths less than ten (10) feet will be backfilled with soil cuttings and nominally compacted. Boreholes will be patched with cold asphalt where applicable.
Analytical Testing
One (1) composite soil sample will be submitted to a California ELAP-certified laboratory under chain- of-custody control. All sample analyses will be conducted at a standard turnaround time. The samples will be analyzed as follows:
EPA 8015M – TPH carbon chain speciation
EPA 8260 – VOCs and Oxygenates
EPA 8270 – SVOCs
EPA 8082 – PCBs
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
EPA 8081A – OCPs
EPA 6010B – Title 22 metals (TTLC)
Waste Disposal
All excess soil cuttings will be contained in eight (8) drums. The drums will be temporarily stored on the site away from drainage areas and secured from unauthorized entry until laboratory analytical results are received. The waste will be profiled for the most cost - effective disposal or recycling option. For budgeting purposes, we have assumed eight (8) drums of waste will need to be transported and disposed of as non-hazardous waste.
Converse will be responsible for the preparation of waste manifests, and for arranging for proper transportation and disposal of the waste. A Client representative will be responsible for signing the manifests as the Generator. Copies of the manifests wil l be provided.
Task 4: Laboratory Testing
Soil samples obtained during exploratory drilling will be tested in the Converse laboratory to evaluate their physical and engineering properties. Laboratory testing may include, but will not be limited to:
In situ moisture content and dry densities (ASTM Standard D2216, and D7263) Collapse potential
Grain size distribution (ASTM D6913)
Soils corrosivity (Caltrans 643, 422, 417)
Atterberg limits (ASTM D4318)
Samples will be stored in the Converse laboratory for at least 60 days after the report is completed. At that time, samples will be disposed of unless we receive notification to do otherwise.
Task 5: Engineering Analyses and Report
We will evaluate the data obtained from the exploratory borings and laboratory testing.
We will also conduct engineering analyses in order to present percolation design recommendations in a geotechnical report, which will include the following:
Site Condition
Description of on-site soils, boring locations, and test methodologies utilized Groundwater depth
Faulting and Seismicity
Location relative to known earthquake faults
Anticipated ground shaking from earthquakes
Liquefaction characteristics
Other secondary effects from earthquakes
Site co-efficient for soil characteristics relative to CBC 2022 earthquake forces
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
Design Recommendations
Lateral earth pressures and resistance to lateral load Active earth pressures
Passive earth pressures
Seismic lateral forces for above grade
Soil Corrosivity Evaluation
Percolation Test Results and discussion
PROFESSIONAL FEES
Our consulting services will be provided in accordance with our current Schedule of Fees and General Conditions, copies of which are attached. A breakdown of our services and costs is presented in the following table.
TASK COST
Task 1: Project Set-Up $1,840.00
Task 2: Subsurface Exploration $2,675.00
Task 3: Percolation Testing $3,255.00
Task 4: Laboratory Testing $2,500.00
Task 5: Engineering Analyses and Report $5,450.00
Drill Rig and Crew (Prevailing Wage), Materials and Equipment $40,800.00 Water Meter Rental and Water $3,000.00
Pea Gravel for Percolation Testing and delivery $2,000.00 Traffic Control (Prevailing Wage) $5,600.00
Utility Clearance (Prevailing Wage) $1,700.00
Analytical Testing (VOCs, SVOCs, OCPs, PCBs) $950.00
Drum Disposal $1,800.00
Rollover Bins $4,000.00
Los Angeles County Drinking Water Permit $425.00
TOTAL $75,995.00
Converse will submit invoices on a monthly basis. If the field exploration needs to be completed during weekend or after hours, there will be an additional fee.
Our costs are based on the following assumptions:
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
All field work will be done in three (3) mobilizations. Access to the site is feasible from the existing street. Access to the site will be available during normal weekday working hours at no additional cost to Converse.
Converse will obtain an encroachment no-fee permit, if required. We further assume that no traffic control plans are required for the permit.
However, traffic control will be provided by our subcontractor per the latest WATCH manual when drilling along streets.
Converse will minimize the impact and disturbance to the existing site conditions ; however, some degree of disturbance or damage to existing landscaping may occur.
The site owner representative will provide Converse with all existing utility plans. The borings will be backfilled as stated in this proposal. As a result, the surface may settle over time. If construction is delayed, we recommend the owner monitor the boring sites and backfill any settlement or depression that might occur , or provide some protection around the area of the boring location, to prevent trip and fall injuries in the area of any potential settlement.
Converse will obtain access to fire hydrants to conduct the percolation testing. Converse will not be responsible for any markings left by Converse and USA. Converse will contact Underground Service Alert (USA) at least 72 hours prior to drilling.
Converse is not responsible for any utility damage.
No environmental assessment or testing will be performed. Drums will be stored at a location designated and provided by the City of Monterey Park prior to disposal
It is understood by both contracting parties that only the drilling crew, utility locator and traffic control crew are subject to prevailing wage as defined in California Labor Code Sections 1770-1780.
PROPOSED SCHEDULE
After the boring locations have been marked, Converse will contact USA 72 hours in advance for utility clearance.
After receipt of written authorization to proceed, Converse will obtain permission to access the site and can then begin subsurface exploration in two to three (2-3) weeks with mobilization of equipment—weather and site conditions permitting.
Converse has estimated the fieldwork to require three (3 ) day s. The engineering analyses, preparation and submission of the report will take approximately four (4) weeks after completion of the field exploration.
CLOSURE
During the course of this work, Converse will carry insurance as agreed in the contract.
Services provided by Converse will be performed in accordance with the project requirements and generally accepted professional engineering and geologic principles
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
and practice in this area of Southern California. Unless we hear differently, we will assume that these conditions are acceptable to you.
This proposal will expire 90 days from its issuance if not accepted in that time. Our billing rates are reviewed at the beginning of each year and are subject to adjustment at the beginning of each calendar year.
If the terms of this proposal are acceptable, please complete and sign the attached Acceptance of Agreement and Authorization to Proceed form and forward it to our office with one copy of this signed proposal to formally authorize our services.
Special billing instructions, including backup documentation requirements, should be mutually agreed upon and indicated in the authorization form. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with the appropriate authorization.
Please do not hesitate to contact the undersigned at (626) 930- 1275 if you have any questions or wish to discuss this proposal further. We appreciate the opportunity to submit our proposal for this project.
Sincerely,
CONVERSE CONSULTANTS
Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F.ASCE
Senior Vice President / Principal Engineer
Dist: 1 to Addressee via Email
Encl: Schedule of Fees
General Conditions
SKS/DS:jjl
Proposal to Conduct Percolation Testing
Monterey Park Drywell Installation Project
Monterey Park, California
August 8, 2024; Updated August 20, 2024, Updated September 20, 20124
Converse Consultants
K:\31-Geotech\2024\24-31-231, City of Monterey Park, Installation of 2 Drywells-Geotech\Proposal\24-31- 231_upro(01)Monterey Park Large Diameter Boring u9-20-24.docx
PROPOSAL TO CONDUCT PERCOLATION TESTING
Monterey Park Drywell Installation Project
320 West Newmark Avenue and near the intersection of Graves Avenue and New Avenue Monterey Park, California
Converse Project No. 24-31-231-00 (01)
ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEED
Firm Name: (Client)1
By: (Print Name)
Signature:
Title: Date:
Telephone No.
Email:
P.O. No./Billing Instructions2,3:
1 Invoices will be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions.
2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here.
Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization.
3 It is understood by both contracting parties that only the drilling crew, utility locator and traffic control crew are subject to prevailing wage as defined in California Labor Code Sections 1770-1780.
Converse Consultants P2024 Geotech
CONVERSE CONSULTANTS
Non-Prevailing Wage Schedule of Fees
Geotechnical Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule i s valid through December 31, 2024.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (all including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ................................. $85 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) ...................................................................... 90 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) ........................ 90 Coring Technician ...................................................................................................................................................................... 90 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ......................................................................... 85 Senior Soils Technician .............................................................................................................................................................. 95 Sample Pick-Up ......................................................................................................................................................................... 60
Professional Services (field and office)
Staff Professional ................................................................................................................................................................... $145 Senior Staff Professional .......................................................................................................................................................... 155 Project Professional ................................................................................................................................................................. 165 Project Manager ....................................................................................................................................................................... 175 Senior Professional .................................................................................................................................................................. 1 75 Principal Professional ............................................................................................................................................................... 2 25 Principal/Consultant ................................................................................................................................................................. 235
Laboratory Testing
Laboratory Technician ...................................................................................................................................................... Per Test (See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor ............................................................................................................................................................ $ 100
Office Support
Clerical/Word Processing ......................................................................................................................................................... $ 90 Drafting ....................................................................................................................................................................................... 90 CAD Operator/Drafting Manager ................................................................................................................................................ 95
An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or li ving 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate for company - owned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Inv
oices
1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received .
Furthermore, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Clien t in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.
General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants GC99-1
CONVERSE CONSULTANTS
General Conditions –
Right of Entry
Client warrants to Converse that it has full legal right to authorize Converse's entry upon the real property where Converse's services are to be performed ("Site" herein) and upon all property, if any, required for ingress and egress to the Site.
Client authorizes Converse to enter upon the Site and such adjoining property as is necessary to allow Converse to perform its services.
Converse will take reasonable precautions to minimize any damage to the Site; however, Client acknowledges that during the normal course of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client.
Information Supplied by Client
Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will not verify the accuracy of such information, and agrees that Converse is entitled to rely upon any such information.
Client shall immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating to conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, piping or structures existing upon the Site.
Client shall defend, indemnify and save harmless Converse, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client.
Ownership of Data and Documents; Samples
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain the sole property of Converse.
Client shall have the right to the use of all data, recommendations, proposals, reports, design criteria and similar information provided to it by Converse ("information" herein); provided, however, that the information shall not be used or relied upon by any party other than Client, save and except as may be required by the design and licensing requirements of the project for which the information is provided; further, such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse’s information by providing or making the same available to any third party (a) Client agrees to give written notice to any such third party that it may not utilize or rely on any aspect of Converse’s information and (b) Client agrees to defend, indemnify and hold Converse harmless against any and all claims, demands, costs, losses, damages and expenses, including attorneys fees, that may be asserted against or sought from Converse by any such third party.
Client's right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In the event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of the information for any purpose whatsoever and shall return the same to Converse within 2 business days upon demand.
Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made at Client's expense upon written request from Client to Converse received by Converse prior to the expiration of the 30-day period.
Converse shall retain permanent records relating to the Converse services for a period of five (5) years following submittal of Converse's report, during which period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available.
Standard of Care and Professional Responsibility
Client acknowledges that the services to be performed by Converse involve the use of tests, calculations, analyses and procedures which are in a constant state of development, improvement and refinement and that, as such, improvements, changes in methods, and modifications of procedures have been made in the past, are now being made, and are expected to continue to be made in the future.
Further, Client recognizes that, while necessary for investigations, commonly used exploration methods, such as drilling borings or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing cross - contamination, the prevention of which may not be complete using presently recognized sealing methods.
Client recognizes that the state of practice, including but not limited to the practice relating to contamination or hazardous waste conditions, is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the state of the practice continues to improve.
Client recognizes that projects containing contaminated materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it. Further, certain governmental regulations relating to hazardous waste sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactoril y designed, constructed and maintained monitoring system may assist in the early detection of environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring.
The services to be provided by Converse pursuant to the agreement to which these General Conditions are a part shall be provided in accordance with generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty, express or implied, is extended by Converse.
Converse shall have no duty to supervise, coordinate or otherwise be involved in the performance of services or work by any third-party consultant, contractor or subcontractor.
Where Converse's services involve field observation of grading, filling and compaction (or any of them), it is agreed:
a. That Converse shall in no way be responsible for the manner in which such work is performed by any third party.
b. That in the event Converse is to provide periodic observation, Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation services.
Converse will not provide an opinion concerning the performance of any third party, save and except to the extent that said work was in fact observed and tested by Converse during the course of construction.
c. That where Converse's services include continuous observation, Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading, filling and compaction to that which can be properly observed by Converse personnel present on the Site.
d. That in the event Converse is to conduct test borings for Client, Client acknowledges that the accuracy of said test borings relates only to the specific location in which the boring itself was performed and that the nature of many sites is such that differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknowledges that greater accuracy is obtained when the number of test borings is increased.
Technical Limitations
Client acknowledges and agrees that: (1) it is unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due to the passage of time, human activities, and climatic conditions and uncertainties are therefore inherent in the nature of Converse’s services and impossible to avoid; (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor; (4) the state of the art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this project and the Client assumes the risk of any such failure, except as otherwise provided in these General Conditions and that (5) these General Conditions contains specific LIMITATIONS OF LIABILITY.
Indemnity of Client and Limitation of Liability
Converse shall indemnify Client, its officers, directors, agents or em ployees from any claim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or willful misconduct of Converse.
Anything to the contrary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the services performed for Client, or the sum of fifty thousand dollars. Client may, at its option, increase t he maximum amount for which Converse shall be liable by payment of an additional fee.
For the maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any, shall be satisfied, in the first instance, from the proceeds of Converse’s insurance, and to the extent of any deficiency in the available insurance proceeds, then and only then, by Converse.
C
lient acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said limitation.
Client shall defend and save harmless Converse, its officers, directors, agents and employees from all liability, claims and demands, including expenses of sui t and
Converse Consultants GC99-1
reasonable attorneys' fees arising from personal injuries, including disease and death, property loss or damage, injury to others (including personnel of Client, Converse or subcontractors performing work hereunder), and air or ground pollution or environmental impairment arising out of or in any manner connected with or related to the performance of Converse's services, except where there is a judicial determination that such injury, loss or damage shall have been caused by the sole negligence or willful misconduct of Converse. Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision.
Converse will not be liable for consequential damages of any kind, nature or description.
Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein)
Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area.
Anything in these General Conditions notwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services.
Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work
It is agreed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation of the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner.
Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediate containment. Client agrees to take no action of any kind against Converse when Converse makes a good-faith effort to fulfill its obligations.
Client's Responsibilities
Client shall immediately provide Converse with full information in writing as to Client's requirements for the services to be provided by Converse and shall designate in writing within five (5) days of the effective date of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse.
Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein.
Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their part against Converse.
Confidentiality
Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law.
Disputes
Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispute to mediation by a neutral person acceptable to both parties.
Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shall be responsible and pay for one-half of the costs and expenses of the mediator.
In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, staff time, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to “reasonable attorneys fees” as defined in any statute or rule of court.
The obligations, responsibilities, warranties and liabilities of the parties shall be solely those expressly set forth herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract, or is based on either party’s negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties’ partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the applicable standard of care, however framed, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any event, not later than four (4) years from substantial completion of Converse’s services.
Jobsite Safety
Converse shall be responsible for its activity and that of its employees on the Site.
This shall not be construed to relieve the Client, its general contractor or any subcontractor of their obligation to maintain a safe jobsite.
Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety.
Converse will not direct, supervise or lay out the work of the Client, contractor, or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractor's safety measures on or near the Site.
Schedules
Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other contractors with Client, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.
Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated.
Invoices
Converse shall submit monthly progress invoices to Client, and a final bill shall be submitted upon completion of the services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice. If Client objects to all or any portion of any invoice, it shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice.
If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly service charge of one and one-half percent (1½ %) on all such amounts outstanding. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due, Converse may immediately cease work until said payment together with a service charge at the rate of 1½ % per month, as specified above, from the due date has been received. Further, Converse may, at its sole option and discretion, refuse to perform any further work irresp ective of payment from Client.
In the event that all or any portion of the 1½ % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally allowed by law.
Client acknowledges Converse’s fee schedules are revised annually and agrees that the fee schedule in effect at the time the services are performed shall apply to such services.
Insurance
Converse represents that it now carries, and will continue to carry during the term of the contract to which these General Conditions are a part, Workers Compensation insurance and that, if requested, Converse shall provide to Client certificates as evidence of the aforementioned insurance.
Assignments
Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party.
S
everability
If any provision of these General Conditions is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent. Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions.
Governing Law
These General Conditions shall be governed by and construed under the laws of the State of California.
Staff Report
November 20, 2024
ATTACHMENT 2
Sample Professional Services Agreement
AGREEMENT NO. Click here to enter text.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MONTEREY PARK AND
Consultant name
FOR Click here to enter text.
THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 20Click here to enter text. , by and between the CITY OF MONTEREY PARK, a municipal corporation and general law city (“CITY”) and Consultant name, a type of organization, e.g., corporation, and state of incorporation (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Click here to enter text. for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “ Click here to enter text. ,” which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit “ Click here to enter text.,” which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of
City of Monterey Park
Agreement No. enter no.
Name of contracted party
any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “ Click here to enter text. ”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the cur rent fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $Click here to enter text. for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
City of Monterey Park
Agreement No. enter no.
Name of contracted party
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date. . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit “Click here to enter text.”;
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this
City of Monterey Park
Agreement No. enter no.
Name of contracted party
Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
List exhibits with scope of work first; budget second; and proposal last (all if applicable)
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
City of Monterey Park
Agreement No. enter no.
Name of contracted party
studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY . Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
City of Monterey Park
Agreement No. enter no.
Name of contracted party
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services . CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23 , and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
City of Monterey Park
Agreement No. enter no.
Name of contracted party
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
C ommercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such
City of Monterey Park
Agreement No. enter no.
Name of contracted party
endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self - insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts
City of Monterey Park
Agreement No. enter no.
Name of contracted party
as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Click here to enter text. Attention: Click here to enter text.
Click here to enter text. City of Monterey Park
Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
phone phone
email email
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
City of Monterey Park
Agreement No. enter no.
Name of contracted party
29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW . CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text.
Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s M anager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement , and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such
City of Monterey Park
Agreement No. enter no.
Name of contracted party
electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF MONTEREY PARK
Consultant name
_________________________________ ____________________________ Enter Name, City Manager Click here to enter text.
ATTEST:
_____________________________
Enter Name, City Clerk
APPROVED AS TO FORM:
City of Monterey Park
Agreement No. enter no.
Name of contracted party
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. enter no.
Doc enter no.
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3H
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Barnes Gymnasium Flooring Replacement – Award of Contract RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract substantively similar to Attachment No. 3 , in a form approved by the City Attorney, wi th R & S Flooring Solutions, in the amount of $143,500 for the Barnes Gymnasium Flooring Replacement Project Specification No. 2024-007;
2. Authorizing the Director of Public Works to approve change orders and contingency up to $21,525 (15%) of the contract amount, for a total project cost of $165,025; and
3. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
It is recommended that the City Council find that the proposed work is exempt from additional environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) § 15301(c) (Existing Facilities) which exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use.
EXECUTIVE SUMMARY
Capital Improvement Project (“CIP”) No. 95044 – Barnes Gymnasium Flooring Replacement project (the “Project”) includes the replacement of the existing flooring, both wood floor and subfloor at Barnes Gymnasium . Pursuant to Resolution No. 2024-R48, the Public Works Director solicited bids for the Barnes Gymnasium Flooring Replacement project (Specification No. 2024-007).
The public bid opening for the Barnes Gymnasium Flooring Replacement project was held on October 31, 2024. Five bids were received: R & S Flooring Solutions, Pro Flooring Corporation, McWil Sports Surfaces, Inc., Coastal Construction Team, and Geary Floors, Inc. It is recommended that City Council authorize the City Manager to execute a Public Works contract with R & S Flooring Solutions , the lowest responsible bidder, for the Barnes Gymnasium Flooring Replacement project in the amount of $143,500, plus a contingency amount not to exceed $21,525.
Staff Report
November 20, 2024
BACKGROUND
The 2024-25 Capital Improvement Program includes the Barnes Gymnasium Flooring Replacement Project Specification No. 2024-007 as Project No. 9 5044 to be funded by Fund 101 - General Funds. The proposed project involves replacement of existing flooring at Barnes Gymnasium. Improvements consist of removal and installation of rubber base leveling layer, maple wood flooring and concrete slab repair as required.
On October 3, 2024, the Public Works Director solicited bids which identified the Project, how to submit bids, including the deadline, and where additional information about the Project could be obtained. (Attachment No. 1). The notice inviting bids also required a bid bond equal to not less than ten percent of the bid amount per Monterey Park Municipal Code section 3.100.070. Bids for the Project were received on October 31, 2024, from:
RANK BIDDER BASE BID
AMOUNT
1 R & S Flooring Solutions $143,500
2 Pro Flooring Corporation $158,800
3 McWil Sports Surfaces, Inc. $177,966
4 Coastal Construction Team $178,900
5 Geary Floors, Inc. $189,900
R & S Flooring Solutions’ contractor license was verified with the California State Contractor’s License Board to be current, active and in good standing. Registration with the California Department of Industrial Relations (“DIR”) was verified. Staff also checked the contractor’s references and received positive feedback.
2024-25 STRATEGIC PLAN GOAL:
This Project meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community as it aims to improvement conditions of Barnes Gymnasium Flooring and bring the structure up to current standards.
FISCAL IMPACT
The Project is budgeted in the 2024-2025 fiscal year Capital Improvement Program under CIP No. 95044 funded by Fund 101 - General Fund. The total estimated project cost for this project is $ 179,375, including the contract amount, contingency, and construction management and inspection.
Staff Report
November 20, 2024
CIP 95044 – Barnes Gymnasium Flooring Replacement
Construction Contract Amount (R & S Flooring Solutions) $143,500.00 Contingency (15%) $21,525.00
Project/Construction Management/Inspection $14,350.00
Total Estimated Project Cost $179,375.00
Respectfully submitted & prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENTS
1. N
otice Inviting Bids
2. R & S Flooring Solutions Bid Proposal
3. Sample Public Works Agreement
Staff Report
November 20, 2024
ATTACHMENT 1
Notice Inviting Bids
Monterey Park Press
820 S. Myrtle Ave
Monrovia, CA 91016
(626) 301-1010
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of LOS ANGELES )
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 a principal clerk of
the printer of the Monterey Park Press, a
newspaper published in the English language for
the city of MONTEREY PARK, county of LOS
ANGELES, and adjudged as a newspaper of
general circulation by the Superior Court of the
County of LOS ANGELES, State of California on
the date of July 22, 2013, Case Number
ESO16580, 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:
October 7. 14, 2024
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Monrovia, California,
This 14th dav of October 2024
re
I ({- r.fzf&+
County
Qe ,?-)
(This space is for the Glerk's Filing Stamp only)
TiIY Ci IRH OrFICI
?0t{ HO'l -q p F 20
,at-\/ ,
utl .i ri;
Proof of Publication
HtiX ir;ii y FiIRK
Clty. of Monteroy pa*
Engtnoerlng Division
320 West NewmarkAvenue
Monterey park, CA 917e4
Tel. No: (626) 307-i320
Fax (626) 302-2OOO
NOTICE INVITING BIDS
|-ANGLEY sENtoR Crr.t4l!_gF!rER, cARvEy RANCH MU-SEUM,cEoRcEELDEReirrrmb'lilrir'h66ii-nLpucEuErr SPEC. NO. 2024408
Contract Time: 90 Working Days; Liquidated Damages: $1,000 perworking day.
DESCRIPTION OF WORK
The project consists of thr
T";ire;i,iei;H;,il;r:i[#fi i;5dil111,"i'liiff$x??,f,
#*T,;fi 1;;Hrffi p::,ff o"n"u.nrol"ri'r,rii,rJ'blnor,,"q,ii"i :Tqityelg:-,if ;]iJf'ff :#jl jr"r5fl T'."10?,,1#",1i?JLH:oorsement; (2) proof of workers, compensation insrrance coverage;(3) 1000/0 Faithfur performance, (4) rboy" i"L"i"-"0-iirrateriar Bond,and (5) DIR Registration.
Plans are available to download for a fee from euestCDN; link onthe City's website www.montereynarrcca.foi)aiafijos_proposats.
Bid Package Cos* $22.00.
Bid.Due Date and Time: Bids.will be received via the oniine elec_tronic bid service, euest Constructil DilN"ffirk lOuestCDtrl),wwl.questcdn.com. unrit i1:00 AM, fn"*u"v, Ciiii ber 31, 2024.Questions? please cail : Anthony e"na-";l di"ii'e n gi"eerin gAssociate at (626) 307-1320.
Publish Ocotber Z &14,2024
TidoNTEREY pnnx pne'ss
fVlonterey Park Press ,
820 S. Myrtle Ave
Monrovia, CA 91016
(626) 301-1010
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of LOS ANGELES )
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 a principal clerk of
the printer of the Monterey Park Press, a
newspaper published in the English language for
the city of MONTEREY PARK, county of LOS
ANGELES, and adjudged as a newspaper of
general circulation by the Superior Court of the
County of LOS ANGELES, State of California on
the date of July 22, 2013, Case Number
ES016580; 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:
October 7, 14, 2024
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Monrovia, California,
This 14th dav of oc r 2024
re
tl,s+8r
County Clerk's Filing Stamp onlY)
zS'3f
r (This space is for the
i
ctiY ii-[R]i 0rFtcr
202{ l*ilY - tt P tt' Z 0
,,"o"
" *O "", # ]
o, iicii i 5iir.r ,,Aiiii
Gity of Monterey Park
Engineering Divislon
320 Wesl NewmarkAvenue
Monterey Park, CA91754
Tel. No: (626) 307-1320
Fax: (626) 307-2500
NOTICE INVITING BIDS
BARNES GYMNASIUM FLOORING REPLACEMENT
SPEC. NO.2024{107
Contract Time: 40 Working Days; Liquidated Damages: $1,000 per working day.
DESCRIPTION OF WORK
The project consists ofthe removal and reroofing, asbestos abate_ ment and all related work on file with the Gity's public Works Depart_ ment, Prevailing wages required. A 1Oolo Bidder's Bond is required with bid. Successful contractor will be required to provide: (i) Li_ ability insuranc€ with City of Monterey park as addition insured en_ 99rgg19n! (2) Proof of workers' compensation insurance coverage;(3) 100% Faithful Performance, (4) IOOVI Laborand Material Boidjand (5) DIR Registration.
Plans are available to download for a fee from euestGDN; link on !!,-" gityt website www.montereypak.ea.govl444taias_er6posafs.
Bid Package Gosh 922.00.
Bld Due Date and Time: Bids will be received via the online elec_ tronic bid service, Qu6sl C,-cnstruction Data Network (euest0DN), www.questcdn.com, until i0:00 AM, Thurcday, Octoder Sl, 202i.Questions? Please call: Anthony Bendezri, Civil Enginerin!Associate at (626) 307.1320.
Publirh October 7 & 14, 2O?4
ilONTEREY FARK PRESS
h{l-F{ Media LLC ,
S20 S Myrtle Ave
Monrovia, CA 91016
+1 626301 1 01 0
Rcc0u nting@hl rmed ia.conr
BILL TC)
Ciiy of Monterey Park-citY
Clerk's Office
i,j20 West Newmark Avenue
Mcrnterey Park, CA 91754
$ALHS REP
i.A - L.egal
Bnvoice i-115484
CiTY CLIRK OFTtC[
,l l Ii' li i'tili ll;iiY f.irii{ DATF
10t14t2424
DUH i}AI I
1 i /j i1l;li.l:;4
FLEASE PAY
t$448.00
DESCRIPTION OTY RATE AMOl.rll
22{ii.::\)
A0'flvlIY
ilitSr Notice
tlity Notice
We appreciate our Prompt Payment.
i:'!erase include invoice number on payment.
Notice
Run Date:October 07, 1 4,
2024
Reference: No.25-33 Notice /
lnviting Bids Langley, GarveY
Ranch Museum Geroge
Elder Gym Roof
Replacement
Notice
Run Date:October 07, 14,
2024
Reference:No.25-34 ,,/
Noticelnviting Bids-Bames -
Gym F_tooqing Reptavement
2 1 10.00
2 114.00
$U*T*TAL"
TAX
T'*TAt
,)\ " Ii
$4q {}"r:,t
44i] ::ii
i;.;l.l
/l4ii::!l
T$TAL NUil
,p.1.q11i4 1,, .rii
p!*a*;; itlitl(s $l!'v'!'A lrerl a-;e rt''i
r nH q:e Y"fi,pt?,i.-'"111-.i ':r.
City of Monterey Park Specification No. 2024-007
COVER
CITY OF MONTEREY PARK
BIDDING DOCUMENTS
For
BARNES GYMNASIUM FLOORING REPLACEMENT
Specification No. 2024-007
Bid Due Date:
10:00 AM
October 31st, 2024
Submit bids to:
Quest Construction Data Network (QuestCDN)
www.questcdn.com
City of Monterey Park Specification No. 2024-007
APPROVAL PAGE
BARNES GYMNASIUM FLOORING REPLACEMENT
Specification No. 2024-007
Approved by: ____________________________
R e y A l f o n s o , P E
Assistant City Engineer
City of Monterey Park
Approved by: ____________________________
Okan Demirci, PE
Acting City Engineer
City of Monterey Park
City of Monterey Park Specification No. 2024-007
TABLE OF CONTENTS
TABLE OF CONTENTS
SECTION TITLE SECTION
NOTICE INVITING SEALED BIDS A
INSTRUCTIONS TO BIDDERS B
BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid)
C
GENERAL PROVISIONS D
TECHNICAL SPECIFICATIONS E
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS
CONTRACT
A1
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF
RETENTION
A2
APPENDIX 3. CONTACT INFORMATION A3
APPENDIX 4. BASKETBALL COURT LAYOUT A4
City of Monterey Park Specification No. 2024-007
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 1 SECTION A. NOTICE INVITING SEALED BIDS
The City of Monterey Park is receiving and accepting sealed bids only via the online electronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com, until 10:00 AM, October 31
st, 2024 for the BARNES GYMNASIUM
FLOORING REPLACEMENT Specification No. 2024-007. Late bids will not be accepted.
As described in the Bidding Documents, the bids are for a public works project which consists of the replacement of the existing flooring at Barnes Gymnasium and all related work on file with the City’s Public Works Department. Bids will be publicly opened in approximately 5 minutes after the bid due date and time.
Copies of the Plans, Specifications and contract documents can be obtained as follows:
1. Prospective Bidders must purchase contract documents through Quest Construction Data Network (QuestCDN). This can be done via a link on the Public Works’ Bids & Proposal’s page at http://www.montereypark.ca.gov/444/Bids- Proposals and/or on the QUESTCDN website (www.questcdn.com). QuestCDN is a web-based platform for construction project advertisements, bid documents distribution and plan holder lists. Prospective bidders will need the seven-digit QuestCDN project number (Quest Project #9351870) to locate the job on the QuestCDN website search page. There is a $22 nonrefundable cost for downloading the contract documents in PDF format, however documents may be viewed for free. Bids will not be accepted from any prospective bidder who has not purchased contract documents through QuestCDN.
Please contact QuestCDN Customer Support at 952-233-1632 or [email protected] for assistance in Regular membership registration, downloading and working with this digital information.
The terms and conditions for bidding on the Project are described in the attached Bidding Instructions.
SB 854 Requirements:
This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be
City of Monterey Park Specification No. 2024-007
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 2 accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]
Prevailing Wages Required:
Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.
DBE:
There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire.
The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.
Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.
This project requires payment of State prevailing rates of wages for Los Angeles County.
The contractor shall post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.
A Bid Bond equal to minimum Ten Percent (10%) of the Bid Amount is required.
Engineer’s Estimate is in the range of $150,000.
Construction Days is 40 working days.
Liquidated Damages is $1,000 per calendar day.
Required State of California Contractors License Classification is Class C-15.
City of Monterey Park Specification No. 2024-007
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 3 Five percent (5%) will be deducted from each progress payment and retained by the City.
The remainder less the amount of all previous payments will be paid to the Contractor.
Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.
For questions, contact via e-mail only:
ANTHONY BENDEZU – [email protected]
DATED this October 3
rd, 2024.
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 1
SECTION B. BIDDING INSTRUCTIONS
1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1. “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.
1.2. “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.
1.3. “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.
1.4. “Bidder” means a person or firm that submits a Bid.
1.5. “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.
1.6. “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.
1.7. “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1. Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.
2.2. Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.
2.3. The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.
2.4. Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor,
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 2
submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder shall also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.
2.5. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section shall be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.
2.6. Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.
2.7. The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.
2.8. Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.
2.9. The Bidder has paid the City’s business license fee(s).
3. BIDDING DOCUMENTS.
3.1. Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.
3.2. Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3. The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1. Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 3
with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.
4.2. Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative.
4.3. Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.
5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.
6. SUBCONTRACTORS.
6.1. Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location.
Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.
6.2. Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.
7. ADDENDA.
7.1. All addenda shall be written and issued by the City through www.QuestCDN.com. An email notification will be distributed by QuestCDN to all Plan holders regarding posting of Addenda, but it shall be the bidder’s responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under his bid as submitted.
7.2. Copies of Addenda will be made available for inspection at the City’s Public Works Department.
7.3. The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline.
Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 4
7.4. Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
8. PRE-BID CONFERENCE. When required, Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected.
9. FORM AND STYLE OF BIDS.
9.1. Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.
9.2. All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3. Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”
9.4. Each Bidder shall fill out the “Bidders Statement of Past Contract Disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder shall explain the circumstances of each disqualification. The City may reject the bid based on such information.
9.5. Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
9.6. The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes shall be covered as extra work.
9.7. The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 5
Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.
10. BID SECURITY.
10.1. Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Monterey Park.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.
10.2. If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.
10.3. If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”
10.4. The City will retain Bid Security until the occurrence of one of the following:
10.4.1. All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.
10.4.2. The specified time has elapsed during which Bids may be withdrawn.
10.4.3. All Bids have been rejected.
10.5. The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be submitted electronically via the online electronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com.
10.6. If the Bidder provides a copy of a Bid Security or a copy of a certified cashier’s check electronically via the online electronic bid service, the original must be provided to the City by the end of the fifth business day
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 6
after the bid opening. Not submitting the original Bid Security, the Bid will be considered as non-responsive bid.
10.7. Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.
10.8. Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
11. MODIFICATION OR WITHDRAWAL OF BID.
11.1. Before the Bid Deadline, a submitted Bid may be modified or withdrawn.
Notice of such action will be given to the City in writing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.
11.2. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
11.3. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.
11.4. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.
13. REJECTION OF BIDS.
13.1. The City will have the right to reject all Bids.
13.2. The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.
14. AWARD.
14.1. The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.
14.2. The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.
14.3. The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.
14.4. The City will determine the low Bidder on the basis of the sum of the Lump
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 7
Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.
14.4.1. Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
14.5. The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:
14.5.1. Three originals of the Agreement signed by Bidder.
14.5.2. Three originals of the Payment Bond.
14.5.3. Three originals of the Performance Bond.
14.5.4. Certificates of Insurance on form provided by the City.
14.5.5. Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery.
Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.
14.5.6. Preliminary Contract Schedule.
14.5.7. Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention.
If not submitted, the City will withhold retention.
14.5.8. Cost Breakdown.
14.6. Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will
City of Monterey Park Specification No. 2024-007
SECTION B. BIDDING INSTRUCTIONS Page B. 8
propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.
14.7. If Bidder submits the three original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.
14.8. If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids.
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 1 SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)
BIDDER’S NAME:__________________________________________________
In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.
BID SCHEDULE
To the Monterey Park’s City Council, herein called the “Council”.
Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 2
BID SCHEDULE
For Barnes Gymnasium Flooring Replacement, Specification No. 2024-007 No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 Removal, haul away and disposal of existing
Barnes Gymnasium flooring 1 LS $ $
2 Preparation of sub-floor including filling, patching, and leveling as required, and all other methods
and materials required in the preparation of sub-
floo
r to receive installation of wood floor.
1 LS $ $
3 Complete installation of new basketball gym multi-
use resilient wood flooring system, and all methods
and materials required for installation.
1 LS $ $
4 New Barnes Gymnasium court striping layout per
Appendix 4. Basketball Court Layout 1 LS $ $
TOTAL BASE BID AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 3 The award of Contract shall be based on the TOTAL BASE BID AMOUNT.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.
Full compensation for the items listed to
the right as Items A, B, C, D and E are
considered as inclusive in each Bid Item
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best
Management Practices (BMPs), Public
Convenience and Safet
y
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a chan
ge order may be negotiated to adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactoril y completed.
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 4
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor Information
Work to be Performed Dollar Amount
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount
) $_________
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 5
REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Agencies; or minimum from 2 Public Agencies plus 2 Private Entities for which BIDDER has performed similar work within the past three years.
Reference 1
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 2
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 3
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 6 Reference 4
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.
Name of Person who inspected the site: _____________________ Date of Inspection: _____________________
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 7
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 8
INSURANCE REQUIREMENTS
To be awarded this contract, the successful bidder shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Contractor shall furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance shall be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) shall reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor shall require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s Contractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” Bidder’s Name: _______________________
Authorized Signature: _______________________
Name and Title: _______________________
Date: _______________________
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 9 PUBLIC CONTRACT CODE SECTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:
I am the ___________________________ of
_____________________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 10 PUBLIC CONTRACT CODE SECTION 10162
In conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder
has never been___ has been___ (indicate YES or NO after applicable answer) disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.
If the answer is has been YES explain the circumstances below:
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 11 PUBLIC CONTRACT CODE SECTION 10232
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that no more than one final, unappealable finding of contempt of court by a federal court has not been____ has been____ (indicate YES or NO after applicable answer) issued against the bidder within the immediately preceding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 12 PUBLIC CONTRACT CODE SECTION 10285.1
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never been___ has been___ (indicate YES or NO after applicable answer) convicted within the preceding three years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 13
BIDDER INFORMATION
Bidder’s Name:________________________________________________________ Address: _____________________________________________________________ Form of Legal Entity: _______________________________________________ If a Corporation, State of Incorporation: __________ _____________________ State Contractor’s Class and License No.: ______________________________ _ Contact Person Information:
Name:________________________________ Title:
______________________________
E-mail: _______________________________ Tel:
_______________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ All current and prior DBA’S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ Previous contract performance history:
Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 14 Contract/project name and number: __________________________________ Date of termination:_______________________________________________ Reason for termination:____________________________________________ Owner’s name:___________________________________________________ Owner contact person and tel. no.: ___________________________________
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.
BIDDER __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
Subscribed and sworn to this _____ day of _______________, 20__.
NOTARY PUBLIC ______________________________________________________
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 15
PROPOSAL GUARANTEE
BID BOND
Bond No.:_____________
KNOW ALL MEN BY THESE PRESENTS that _______________________________, as BIDDER, AND _____________________________, as SURETY, are held and firmly bound unto the City of Monterey Park, in the penal sum of _______________________ ($ )dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the BARNES GYMNASIUM FLOORING REPLACEMENT SPECIFICATION NO. 2024-007 (“Public Project”), for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Monterey Park for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Monterey Park.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.
SIGNED AND SEALED this day of , 20__.
P R I N C I P A L S U R E T Y
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowledged by a notary public.
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 16
PROPOSAL GUARANTEE
CERTIFIED CHECK or CASHIER’S CHECK
As an Alternative to Bid Bond, Bidder can provide Certified Check or Cashier’s Check as follows
Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of Monterey Park, in the amount of
________________________________________________($ ) dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the BARNES GYMNASIUM FLOORING REPLACEMENT SPECIFICATION NO. 2024-007 (“Public Project”).
The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Monterey Park within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.1
SECTION D. STANDARD SPECIFICATIONS
CITY OF MONTEREY PARK
PUBLIC WORKS DEPARTMENT
STANDARD SPECIFICATIONS
Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD
SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.
1. NUMBERING OF SECTIONS
The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.
2. MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.
3. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.
Acceptance – The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.2
hours or two working days) before the commencement of the contemplated action.
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.
Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.
PCC – California Public Contract Code.
Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.
(Check if applicable) State Standard Specifications - State of California Standard Specifications (https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard- specifications).
Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.
4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the Standard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association
5. ACCESS TO PROJECT SITE
Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.
6. SUBCONTRACTOR LISTING
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.3
Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.
The Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.
Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.
All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.4
the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.
The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.
7. CONTRACT BONDS
The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by the Greenbook.
The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.
8. CONTRACT DOCUMENTS
The Contractor will maintain the following at the Work site:
x One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.
x The current accepted Contract Schedule.
x Shop Drawings, Product Data, and Samples.
x Approved permits from other agencies, including Cal-OSHA permits for trench shoring.
x All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.5
If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.
9. PRECEDENCE OF CONTRACT DOCUMENTS
As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.
10. ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.
The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.
11. RIGHT-OF-WAY
When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.
12. SURVEYING
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.6
The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.
It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.
Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.
13. MEASUREMENT AND PAYMENT
Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.
14. BASIS FOR ESTABLISHING COSTS
Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.
15. MARK UP
Work by Contractor. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.
Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15
To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.7
Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
16. DAILY REPORTS BY CONTRACTOR
If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.
17. CHANGED CONDITIONS
If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.
Changed conditions include, without limitation, the following:
x Subsurface or latent physical conditions differing materially from those represented in the Contract Documents;
x Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and
x Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.
The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.8
decision, will be made in accordance with the Greenbook except that the Public Works Director will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:
x The information is made available for the Bidders’ convenience and is not a part of the Contract.
x The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.
x Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City.
18. DISPUTED WORK
If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications.
Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.
19. INSPECTION REQUIREMENTS
Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.
A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the contract documents.
The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.9
required outside of normal working hours and days, including holidays, will be at the Contractor’s cost at rates established by the City.
20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.
21. TRADE NAMES OR EQUALS
Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”
For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:
x Written request with explanation of why the product should be considered as an equal product.
x Material specifications.
x Technical specifications.
x Test data.
x Samples.
x Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
x Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
x Warranty data.
The Bidder will be notified by the Public Works Director whether or not the proposed “equal” product is acceptable to the City five calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City’s rejection of the proposed “equal” product without further consideration.
22. PROTECTION
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.10
If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.
23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.
24. DELAYS
Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.
25. CALCULATING IDLE TIME
Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.
26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
A. Pre-Construction Meeting:
After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.
B. Contract Schedule
After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.
C. Contract Schedule Content
The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.11
x Schedules must be suitable for monitoring progress of the Work. x Schedules must provide necessary data about the time for the Public Works Director’s decisions.
x Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
x Schedules must represent a practical plan to complete the Work within the Contract Time.
x Schedules must show the critical path method for completing the Work.
The Public Works Director’s review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.
D. Effect of Contract Schedule
The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Public Works Director to be practical. Acceptance of such a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.
The Public Works Director’s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Public Works Director or City nor
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.12
imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.
The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.
E. Commencement of Contract Time
The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days after the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.
27. DEFAULT BY CONTRACTOR
A. General
Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
B. Termination of Contractor’s Control Over the Work
City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor’s action or inaction.
In the event of such termination of control, the City may do any one, or combination of, the following:
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.13
x Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; x The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
x The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.
C. Surety’s Assumption of Control
Should the Surety assume any part of the Work, it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.
28. DELAYS AND EXTENSIONS OF TIME
A. General
If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.14
Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Public Works Director may, but is not required to, deem an extension of time to be in the City’s best interests.
B. Extensions of Time
If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.
C. Payment for Delays to Contractor
Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula.
D. Written Notice and Report
If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.
Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.
In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.
WORKDAYS AND WORKING HOURS
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.15
City Hall is ordinarily open from Monday thru Friday during normal working hours (8 a.m. to 5:00 p.m.). It is closed on the following holidays:
New Year’s Day - January 1
Martin Luther King, Jr. Day - January 15
President’s Day - February 19
Memorial Day - May 27
Independence Day - July 4
Labor Day - September 02
Veterans’ Day - November 11
Thanksgiving - November 28
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31
If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.
On workdays, Contractor’s activities will be confined to the hours between 7:00 a.m. and 4:00 p.m.
A. Night Work
Except as otherwise provided in the Technical Specifications or separate permit, City does not permit Work between the hours of 4 p.m. and 7 a.m. of the following day.
B. Weekend and Holiday Work
The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.
30. COMPLETION AND ACCEPTANCE
The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.
If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will accept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.
City of Monterey Park Specification No. 2024-007
SECTION D. GENERAL PROVISIONS Page D.16
All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, after notice to do so from the Public Works Director, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.
31. LIQUIDATED DAMAGES
If all the Work is not completed before or upon the expiration of the Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $500 per calendar day.
32. DISPUTES AND CLAIMS; PROCEDURE
A. General
Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:
x Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
x Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. x Claims respecting a latent defect, breach of warranty, or guarantee to repair. x Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order