231
Resolution No. 2024-69
PASSED, APPROVED, and ADOPTED this 9th day of September, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Exhibit 1 232
Resolution No. 2024-69
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Exhibit 1 233
2024
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Delivery of Six Bus Shelters) (Parties: City of Bell Gardens and Tolar Manufacturing Company, Inc.) THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 by and between
the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TOLAR MANUFACTURING COMPANY, INC. (hereinafter, "Vendor"). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to purchase four (4) 9' Tolar Sierra Series Dome Roof Non -Ad Transit Shelter; one (1) 21' Tolar Sierra Series Dome Roof Advertising Transit Shelter; and one (1) 21' (+3 add-on) Tolar Sierra Series Dome Roof Advertising Transit Shelter; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, in May 2021, Morongo Basin Transit Authority, as lead agency for the California Association for Coordinated Transportation Purchasing Cooperative (hereinafter "MBTA") issued a Request for Proposals (RFP) for the procurement of bus shelters and accessories, RFP 21-01 (hereinafter, "MBTA RFP"); and WHEREAS, on July 16, 2021, Vendor submitted a sealed bid; and WHEREAS, on September 30, 2021, Vendor was awarded MBTA Contract #Tolar 21-01 (hereinafter "MBTA Master Contract"); and
WHEREAS, on November 8, 2023, Vendor and MBTA entered into Amendment 1 to MBTA Master Contract (Amendment 1) to allow for price changes caused by inflation; and
WHEREAS, the MBTA Master Contract and Amendment 1 are hereinafter collectively referred to as the "MBTA Contract"; and
Exhibit 2 2134
WHEREAS, as authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase six (6) bus shelters that meet the specifications of the MBTA Contract at the same unit pricing and rates given to MBTA under the MBTA Contract upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and deliver those certain bus shelters listed in Vendor Quote No. 22568PMR, dated April 2, 2024 (hereinafter "Quotation"). A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Bus Shelters" shall refer to the bus shelters listed in the MBTA RFP. The unit prices charged by Vendor to City for the Bus Shelters listed in the Quotation shall be no greater than the unit prices charged to MBTA under the MBTA RFP. Except as otherwise provided herein, the Bus Shelters shall, in all respects, meet the specifications for identical bus shelters set forth under the MBTA RFP and shall be subject to all warranties set forth under the MBTA RFP and the MBTA Contract (Collectively referred to as "MPTA Documents"). A true and correct copy of the MPTA Documents is attached and incorporated hereto as Exhibit "B".
B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and off-loading of the Bus Shelters at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery of the Bus Shelters until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery of the Bus Shelters to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Bus Shelters from Vendor's delivery of the Bus Shelters to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery of the Bus Shelters with its own personnel or any other contracted third - party, nor shall City be responsible for providing Vendor's personnel with training, tools or equipment required to deliver the Bus Shelters. The Bus Shelters shall be delivered to City within one hundred twenty-six (126) days from City's issuance of the written Notice to Proceed.
D. The Bus Shelters shall be subject to inspection by City and may be rejected by Exhibit 2 935
City if the Bus Shelters do not meet the specifications called for under this Agreement or are otherwise broken or defective. The Bus Shelters shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Bus Shelters which do not meet the required specifications or are broken or defective, and the cost of returning and replacing the Bus Shelters shall be borne solely and exclusively by Vendor. At City's option, the Bus Shelters that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Bus Shelters shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Bus Shelters lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Bus Shelters as may be necessary to ensure that the Bus Shelters will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Bus Shelters will perform in accordance with the established specifications.
E. City's acceptance of the Bus Shelters shall be conditioned upon the final inspection and performance testing of the Bus Shelters by City, as specified under Section 5 of this Agreement, below, to ensure that the Bus Shelters satisfy the requirements of the City and are capable of performing in accordance with performance standards set forth in the specifications of the MBTA RFP. City reserves the right to direct to replace, at no additional cost to City, any Bus Shelters which are determined to be damaged, defective or other non -compliant with such specifications.
F. Risk. Vendor shall bear risk of loss of the Bus Shelters, including any damage sustained during transportation to the delivery site. Risk in the Bus Shelters shall pass to City upon delivery. Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of any Bus Shelters that is damaged, defective or which otherwise fails to meet the specifications called for herein; or (ii) the right of City to pursue any other remedies under this Agreement in the event the Bus Shelters are defective or fail to meet specifications or upon Vendor's breach of any ongoing duties or obligations set forth under this Agreement.
Section 2. STANDARD OF CARE.
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor's field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the City;
Exhibit 2 2336
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that the City's acceptance of any work performed by or on Vendor's behalf shall not constitute a release of any defects or damage to the Bus Shelters undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Bernardo Iniguez, Director of Public Works/Facilities and his designee (hereinafter, the "City Representative").
It shall be Vendor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement Patrick Merrick, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor's performance under this Agreement and to make all decisions in connection therewith (the "Vendor Representative"). Notice to the Vendor Representative shall be written to constitute notice to Vendor.
Exhibit 2 2437
Section 4. VENDOR'S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Vendor shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. TESTING AND INSTRUCTION ON OPERATION AND MAINTENANCE City's personnel in coordination with Vendor's personnel shall have a period of thirty (30) calendar days from the date the Bus Shelters are delivered to run performance tests of the Bus Shelters in order to determine whether or not the Bus Shelters meet specifications, are not damaged and are functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and maintenance of the Bus Shelters and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance, upkeep and operation of the Bus Shelters. The foregoing shall be in addition to and not in lieu of any training program specified under the MBTA RFP. Unless otherwise notified in writing, the Bus Shelters shall be deemed accepted following the end of the 30 -day testing and instruction period.
City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Bus Shelters shall toll, the expiration of the 30 -day testing and instruction period as to the Bus Shelters.
Exhibit 2
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Bus Shelters provided to MBTA 2538
under the MBTA RFP and the MBTA Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under the MBTA Contract.
Section 7. COMPENSATION
A. Compensation for Equipment. Vendor shall sell and deliver the Bus Shelters referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to MBTA for identical Bus Shelters under the MBTA Documents. The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale and delivery of the Bus Shelters exceed the aggregate sum of FIFTY THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS AND EIGHTY CENTS ($50,958.80) (the "Not -to -Exceed Amount").
Section 8. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 9. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.
Section 10. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Exhibit 2
Section 11. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons 339
presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that executes in connection with the performance of this Agreement.
Section 12. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the MBTA, MBTA's officials, commissioners, officers, agents, employees and volunteers.
Section 13. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type that may be provided to MBTA under the MBTA Contract.
Section 14. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.
B. In the event any claim or action is brought against City relating to Vendor's performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Section 15. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Bus Shelters, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Vendor shall be compensated for the Bus Shelters delivered to and accepted by City and for such services performed up to the effective date of the termination.
Exhibit 2
240
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 15(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Vendor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10 -day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10 -day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15 -day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event Exhibit 2
141
of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15 -day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Bus Shelter specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of Vendor's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor's cure of any Event of Default by giving written notice of City's intent to suspend Vendor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, National Auto Feel Group shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon written notice to Vendor, the City may immediately terminate this Exhibit 2 2942
Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor's breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 16. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor's insurances.
Section 17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to VENDOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez, Director of
Public Works
Tolar Manufacturing Company, Inc.
258 Mariah Circle
Corona, CA 92879
Attn: Patrick Merrick
Phone: 951-547-8230
Exhibit 2
N3
Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 19. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
Section 20. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 21. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Section 22. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 23. SEVERABILITY
Exhibit 2
N4
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 24. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 25. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 26. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 27. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 28. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2
N5
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS TOLAR MANUFACTURING COMPANY,
INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
Exhibit 2
R6
EXHIBIT "A"
QUOTATION
Exhibit 2
147
Customer:
Project:
Carlos Marin
Superintendent of Public Works
City of Bell Gardens
8327 Garfield Ave.
Bell Gardens, CA 90201
CALACT MBTA
Procurement 21 -01 -
2023
Quote No:
22568PMR
Date:
04/02/24
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8230
Email:
pmerrick(a olarmfg,com
Lead Time:
18 Weeks
From receipt of signed written order, and all
required approvals.
Terms:
Net 30 Days From Invoice
Terms subject to change. Final terms to be
determined based on credit history & bonding.
Item:
Qty:
Description:
Unit Price:
Ext. Price:
1 4
9' Tolar Sierra Series Dome Roof Non -Ad Advertising Transit Shelter (9NALD-WG 34669-00) featuring Sierra series roof perimeter, bronze twinwall polycarbonate roof panels, no walls, end walls set at 1/2 span, wire grid below the roof perimeter, adjustable leveling shoes, 4' perforated metal bench with one seat delineator, no back, zinc anchors, durable baked powder coat finish Post Office Blue- $ 8286 *delete solar ($1800), walls and replace with wire grid fascia ($ 998) and trash receptacle ($ 440) from bundle
$ 5,048.00
$ 20,192.00
2 1
21' Tolar Sierra Series Dome Roof Advertising Transit Shelter (21ALD-NW 34671- 00) featuring Sierra series roof perimeter, bronze twinwall polycarbonate roof panels, no walls, end wall set at 1/2 span, 48" V angled advertising kiosk with two side hinged display doors containing 3/16" polycarbonate, adjustable leveling shoes, 8' perforated metal bench with three seat delineators, no back, zinc anchors, durable baked powder coat finish Post Office Blue- $ 12,356 * delete wall and replace with wire grid fascia ($998), solar ($1800), and trash receptacle ($440) from bundle, add V kiosk $1,836 (unpriced option) and 5' perforated metal bench with two seat delineators, no back (unpriced option) $ 640.00 $ 11,594.00
$ 11,594.00
3 1
21'(+3' add-on Tolar Sierra Series Dome Roof Advertising Transit Shelter (24ALD- NW 41458-00) featuring Sierra series roof perimeter, bronze twinwall polycarbonate roof panels, no walls, end wall set at 1/2 span, 48" V angled advertising kiosk with two side hinged display doors containing 3/16" polycarbonate, adjustable leveling shoes, zinc anchors, durable baked powder coat finish Post Office Blue- $12,356.00 * delete wall and replace with wire grid fascia ($998), solar ($1800) and trash receptacle ($440) from bundle, add V kiosk $1,836 (unpriced option) add 3' $ 760 (unpriced option) to shelter length, add one 8' bench with three seat delineators, no back (unpriced option) $ 740 $ 12,454.00
$ 12,454.00
Sub -Total:
$ 44,240.00
CaIACT/MBTA Freight Zone
1 CalACT/MBTAFIRM Freight:
$ 1,410.00
Ex8 2 of 3
248
Initials:
Customer:
Project:
Carlos Marin
Superintendent of Public Works
City of Bell Gardens
8327 Garfield Ave.
Bell Gardens, CA 90201
CALACT MBTA
Procurement 21 -01 -
2023
Quote No:
22568PMR
Date:
04/02/24
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8230
Email:
merrick too rmf .corn
Lead Time:
18 Weeks
From receipt of signed written order, and all
required approvals.
Terms:
Net 30 Days From Invoice
Terms subject to change. Final terms to be
determined based on credit history & bonding.
Item:
Qty:
Description:
Unit Price:
Ext. Price:
Print Na
e:<
Date:
PO No:
CaIACT/MBTA Procurement Fee (2.5%)
$ 1,106.00
CA State Sales Tax
9.50%
$ 4,202.80
Total:
$ 50,958.80
Pricing Notes:
2. If requested, structural engineering calculations from CA licensed engineer are provided at no additional cost.
3. Products are shipped knock down & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided.
4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost, without mark up, at time of shipment, unless specified above.
5. Client provides unloading at destination, including forklift and labor as necessary.
6. Processing fee of 3% of total charge amount is additional and charged on all credit card payments.
Standard Terms and Conditions
These Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services ("Proposal") provided by Tolar Manufacturing Company, Inc. ("we", "our" or "us").
1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement.
2. Vendor Status: Tolar Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor; and is not subject to retainage or liquidated damages for any reason.
3. Payment Terms: Payment terms for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as shipped.
4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) on the unpaid balance with respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney's fees, incurred in connection with enforcing the Proposal and/or collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff.
5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10% of order value may be assessed to the buyer, in addition to an the cost of materials purchased for the order, which may be invoiced to the buyer at time of cancellation.
6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knock -down and in bulk format (not packaged individually) for ease of handling and fast on -site installation. Neither buyer nor consignee shall have the right to direct or re -consign the goods to any other destination without our consent. All sales of products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier.
7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2 -hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary.
8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular date(s) or period of delivery. Estimated lead times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other circumstances beyond our reasonable control.
9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees.
10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and additional charges, in addition to the actual freight costs, are the responsibility of buyer.
11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced.
E 2 of 3 249 Initials:
Customer:
Project:
Carlos Marin
Superintendent of Public Works
City of Bell Gardens
8327 Garfield Ave.
Bell Gardens, CA 90201
CALACT MBTA
Procurement 21 -01 -
2023
Quote No:
22568PMR
Date:
04/02/24
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8230
Email:
merrick Loa rmf .cam
Lead Time:
18 Weeks
From receipt of signed written order, and all
required approvals.
Terms:
Net 30 Days From Invoice
Terms subject to change. Final terms to be
determined based on credit history & bonding.
Item:
Qty:
Description:
Unit Price:
Ext. Price:
12. Manufacturer's Warranty: Our manufacturer's warranty is set forth in a separate document.
13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED
IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California.
15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee.
E 2 of 3 250 Initials:
EXHIBIT "B"
MBTA DOCUMENTS
Exhibit 2
gi
CAUFOHNIbt. ASSOCIATION FOR
COORDINATED TRANSPORTATION
Assignment to Purchase Agreement
The California Association for Coordinated Transportation, "Assignor", hereby assigns to the City of Be11 Gardens "Assignee", six (6) options to purchase Transit Bus Shelters and related equipment from Assignor's Contract # 21-01 with the TOLAR Manufacturing Company. Only those shelters and optional features may be purchased using the contract. Specifically, the Assignee shall have the right to purchase as per Tolar Manufacturing quote #22868PM:
Four (4) 9' Tolar Sierra Series Dome Roof Non -Ad Transit Shelter One (1) 21' Tolar Sierra Series Dome Roof Advertising Transit Shelter One (1) 21' (+3 add-on) Tolar Sierra Series Dome Roof Advertising Transit Shelter Such ability to purchase commenced, per terms of Contract, on March 15, 2024 and may be exercised at any time on or before contract expires on October 5, 2024. With respect to the shelters assigned the Assignor and this Assignment, Assignee agrees to perform all covenants, conditions and obligations required of Assignor under said Contract and agrees to defend, indemnify, and hold Assignor harmless from any liability or obligation under said Contract.
Assignee further agrees to hold Assignor harmless from any deficiency or defect in the legality or enforcement of the terms of said Contract or option to purchase there under. Assignee agrees and understands that Assignor is not acting as a broker or agent in this transaction and is not representing Seller or Assignee, but rather is acting as a principle in assigning its interest in the above -referenced assignment to purchase the shelters under the Contract to Assignee.
Please be advised that the assignment of said shelters does not constitute a recommendation or endorsement of this product by the Cooperative. The Assignee is responsible for its choice of shelters selected and is responsible for shelter inspection, acceptance, and enforcement of any contract provisions.
Assignee hereby unconditionally releases and covenants not to sue Assignor upon any claims, liabilities, damages, obligations or judgments whatsoever, in law or in equity, whether known or unknown, or claimed, which they or either of them have or claim to have or which they or either of them may have or claim to have in the future against Assignor, with respect to the shelters or any rights whatsoever assigned hereunder.
Exhibit 2 252
Morongo Basin Transit Authority
October 1, 2021
Notice of Award MBTA RFP #21-01
The Morongo Basin Transit Authority (MBTA) is pleased to announce that its Board of Directors on September 30, 2021 authorized staff to award RFP #21-01 to the following film for Bus Shelters and Accessories:
1. Tolar Manufacturing: 858 Mariah Circle, Corona, California, 92879. For highest evaluation score as per RFP.
Orders will only be placed through an Assignment Process that will be managed jointly by MBTA and Ca1ACT. In addition to pricing, Ordering Agencies may consider other criteria such as the past performance, warranty terms or other factors in making their decision of which vehicle to select.
Each firm will be sent electronic copies of the finalized Contract documents once those are completed and available. At that time, the firm shall complete and return the following within ten (10) days:
1. Two (2) signed original Contract agreements. Upon execution by the MBTA, one original will be returned with a copy bound within the Conformed Contract Documents.
2. Certificates of Insurance.
If you have any questions, please contact me at 760.285.3479 or [email protected] Thank you for your patience and diligence during the evaluation and award process.
Sincerely
Joe G. Meer
Director of Cooperative Purchasing Programs
Exhibit 2 253
AMENDMENT 1
BASIN TRANSIT CONTRACT NO. 21-01 (TOLAR)
." THIS AMENDMENT is made and entered into on November 8, 2023 between and among TOLAR MANUFACTURING, COMPANY, INC. a California corporation, with its principal place of business located at 258 Mariah Circle, Corona, California ("SELLER"), and BASIN TRANSIT A ("AGENCY").
SELLER and AGENCY may be referred to herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, the Basin Transit's RFP is attached hereto as Exhibit "A", and is incorporated herein by reference as if set forth in full; and
WHEREAS, SELLER submitted a sealed proposal in response to BASIN TRANSIT's Notice Inviting Proposals; and
WHEREAS, BASIN TRANSIT determined that SELLER was a successful responsive and responsible proposer; and
WHEREAS, SELLER's proposal in response to BASIN TRANSIT's Notice Inviting Proposals is attached hereto as Exhibit "B", and is incorporated herein by reference as if set forth in full; and WHEREAS, the BASIN TRANSIT Board of Directors has authorized the staff via Resolution and board action to award and modify contracts:
WHEREAS, BASIN TRANSIT has fully complied with all federal, state, and local laws governing the public solicitation process for the purchase of the SHELTERS; WHEREAS, The SELLER has requested Force Majeure Price relief due to extraordinary circumstances caused by supply chain issues and inordinate inflation as provide for in SP 5.5 (Price Changes) and requests use of the Technology provision of the contract to revise its accessory offerings;
WHEREAS, BASIN TRANSIT has evaluated and accepts the documentation provided by SELLER substantiating the need for extraordinary relief; NOW, THEREFORE, incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and BASIN TRANSIT hereby agree as follows:
Base Price for the SHELTERS represented by SELLER is updated for the increase approved by this Amendment, and are attached as Exhibit B. Future PPI price increases are to be granted, as provided for it to be adjusted with extension of the first option year amendment, are now to be adjusted utilizing the above date rather than the original date the contract was executed for base price and approved options basing the price increases on WPS107 (Fabricated Structural Metal Products) or a mutually agreed upon substitute index. Future PPI increases will be similarly adjusted. SELLER agrees that any future price changes favorable to the BASIN TRANSIT will be identified and result in an amendment reflecting the lower price. The price changes are effective for orders placed after the execution of this amendment or as approved by BASIN TRANSIT.
Exhibit 2 254
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
lar Manufacturing, Inc.
BASIN TRANSIT
Pat c err' k, Vice Pre ident
Joe 'Ieer, Director of Purchasing
Exhibit 2 255
MBTA CONTRACT # Toler 21-01
AGREEMENT REGARDING PURCHASE OF TRANSIT SHELTERS
THIS AGREEMENT is made and entered into on October 5, 2021 between and among TOLAR MANUFACTURING, COMPANY, INC. a California corporation, with its principal place of business located at 258 Mariah Circle, Corona, California ("SELLER"), and MORONGO BASIN TRANSIT AUTHORITY ("MBTA"). SELLER and MBTA may be referred to herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, MBTA, by its Request for Proposal #21-01, duly advertised for written proposals to be submitted on July 16, 2021 for the purchase of Transit shelters ("SHELTERS") on behalf of the consortium agencies who are members of California Association for Coordinated Transportation ("CALACT") by the MBTA; and
WHEREAS, the MBTA's RFP is attached hereto as Exhibit "A", and is incorporated herein by reference as if set forth in full; and WHEREAS, SELLER submitted a sealed bid in response to MBTA's Notice Inviting Bids; and
WHEREAS, after it was determined that SELLER was the successful responsive and responsible bidder; and
WHEREAS, SELLER's bid in response to MBTA's Notice Requesting Proposals is attached hereto as Exhibit "B", and is incorporated herein by reference as if set forth in full; and
WHEREAS, the MBTA Board of Directors has authorized the Director of Purchasing on September 30, 2021 to award said contract and MBTA accepted SELLER'S proposal through agreement by and between SELLER and MBTA upon the terms and conditions set forth herein; and
WHEREAS, MBTA has fully complied with all federal, state, and local laws governing the public solicitation process for the purchase of the SHELTERS; NOW, THEREFORE, incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and MBTA hereby agree as follows:
WITNESETH:
Exhibit 2 256
1. CONTRACT DOCUMENTS. This Agreement, along with all Exhibits referenced herein, and including without limitation, all documents referenced in said Exhibits shall hereinafter be referred to as the "Contract Documents".
2. DESCRIPTION OF SHELTERS PURCHASED. SELLER hereby
agrees that it shall sell the SHELTERS as more particularly described in RFP #21- 01 (attached hereto as Exhibit "B") to any and all CaIACT/MBTA participants who desire to purchase such SHELTERS from SELLER. .
3. CONTRACT PRICING. SELLER hereby agrees to sell such
SHELTERS as more particularly described in RFP #21-01 (attached hereto as Exhibit "B") under the terms and conditions set forth in RFP #21-01.
4. DELIVERY. SELLER shall deliver SHELTERS per terms and conditions of MBTA RFP# 21-01 as described in Section SP 7, page 31.
5. PAYMENT BY COOPERATIVE PARTICIPANTS. SELLER shall
collect payment from CaIACT/MBTA participants as described in RFP #21-01 Section SP 8, page 31.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all of the Parties to this Agreement.
7. NO ATTORNEYS' FEES. If litigation is required to enforce or interpret the provisions of this Agreement, neither SELLER nor the Cooperative shall be entitled to an award of attorneys' fees or costs, but shall be entitled to any other relief to which it may be entitled by law.
8. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in writing approved by the MBTA and signed by both Parties.
9. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in San Bernardino County, California.
10. NO WAIVER OF DEFAULT. The failure of any Party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
11. FURTHER ASSURANCES. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are Exhibit 2 257
necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
12. BINDING EFFECT; CONTEXT; COUNTERPARTS. Subject to
Paragraph 6, the rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. Whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
13. NON -INTEREST. No officer or employee of the MBTA shall hold any interest in this Agreement (California Government Code section 1090).
14. CORPORATE AUTHORITY. Each individual signing this
Agreement on behalf of an entity represents and warrants that he or she is respectively, duly authorized to sign on behalf of the entity and to bind the entity fully to each and all of the obligations set forth in this Agreement.
15. INDEMNIFICATION. SELLER shall indemnify, defend, and hold harmless MBTA, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of an kind whatsoever, arising out of, connected with, or caused by SELLER'S employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for MBTA's sole active negligence or willful misconduct.
16. WARRANTY. The SHELTERS and accessories are warranted by SELLER to be new and to be free from defects in material and workmanship pursuant to and in accordance with those certain manufacturer's warranties collectively attached hereto as Exhibit "B", and incorporated herein by reference as if set forth in full. During said warranty periods, the SHELTERS shall maintain structural and functional integrity. The warranty is based on regular operation under operating conditions prevailing in the purchaser's operating area.
17. WARRANTY OF FITNESS. SELLER hereby warrants that the SHELTERS, accessories and all materials furnished shall meet the requirements and conditions of the Contract Documents and shall be fit for the purposes intended. Acceptance of this warranty and acceptance the SHELTERS and materials to be manufactured or assembled pursuant to the specifications in these Contract Documents shall not waive any warranty, either express or implied.
18. NOTICE. All notices relative to this Agreement shall be given in Exhibit 2
258
writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The Parties shall be addressed as follows, or at any other address designated by proper notice:
MBTA:
Joe Meer
Director of Purchasing
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
SELLER: Patrick Merrick
Vice President
Tolar Manufacturing
258 Mariah Circle
Corona, California
19. EXECUTION,. This Agreement is effective upon execution by both Parties. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
TOLAR MANUFACTURING, INC.,
a conooration
By
Patrick Merrick
Morongo Basin Transit Authority
By
Joe Meer, Director of Purchasing
Exhibit 2
259
Request for Proposals
Morongo Basin Transit Authority
As Lead Agency for the California Association for Coordinated Transportation Purchasing Cooperative
For Bus Shelters and Accessories
RFP 21-01
May 2021
Exhibit 2 260
Contents
SECTION 1: NOTICE OF invitation for Proposals 6
NR 1. Purpose of the Procurement and Period of Performance NR 2. Proposal Due Date and Submittal Requirements
NR 3. Validity of Proposals
NR 4. Pre -Proposal Meeting Information
SECTION 2: INSTRUCTIONS TO Proposers 8
IP 1. Estimated Quantities
IP 2. Schedule for the Procurement
IP 3. Obtaining Proposal Documents
IP 4. Proposal Security Requirements — Not Used
IP 5. Pre -Proposal Meeting/Information for Proposers
Pre -Proposal Meeting will be held via Teleconference. Please RSVP to Joe Meer at [email protected] for a copy of the agenda, call in number and access code. Prospective Proposers are reminded that any changes to the RFP shall be by written addenda only, and nothing stated at the Pre -Proposal Meeting shall change or qualify in any way any of the provisions in the RFP and shall not be binding
IP 6. Questions, Clarifications and Omissions
IP 7. Addenda to RFP
IP 8. DBE Requirements — Not Used
IP 9. Conditions, Exceptions, Reservations or Understandings IP 10. Protest Procedures
IP 10.1 Address
IP 10.2. Pre -Proposal Protests
IP 10.3. Protests on the Recommended Award
IP 10.4. FTA Review
IP 11. Preparation of Proposals
IP 11.1. Use of Proposer Fauns
AIP 12. Alternate and Multiple Proposals — Not Used
IP 13. Proposal Format Requirements
IP 13.1. Signing of Proposal Forms
IP 13.2. Modification or Withdrawal of Proposals
IP 13.3. Cost of Proposal Development
IP 14. Proposal Evaluation and Selection
IP 14.1. Public Opening of Proposals
IP 14.2. Duration of the Validity of Proposals
IP 14.3. Evaluation Committee
IP 14.4. Proposal Selection Process
IP 2. Evaluation Procedures
Discrepancies in Proposal Items
Response to Request for Proposal
IP 3. IB 17.1 Single Proposal Response
IP 4. IB 17.2 Availability of Funds
IP 5. IB 17.3 Agency Contract Approval Process
IP 6. IB 17.4 Agency Rights
IP 7. IB 17.5 Execution of Contract
Conflicts of Interests and Gratuities
Agency -Specific Provisions
2 Exhibit 2 261
IP 8, IB 19.1 Purpose of the Solicitation
IP 9. IB 19.2 Roles of the Parties for this Solicitation SECTION 3: GENERAL CONDITIONS 17
GC 1. Definitions
GC 2. Materials and Workmanship
GC 3. Conformance with Specifications and Drawings
GC 4. Acceptance
GC 4.1 General
GC 4.2 Risk of Loss
GC 5. Intellectual Property Warranty
GC 6. Changes
GC 6.1 Contractor Changes
GC 6.2 Agency Changes
GC 7. Legal Clauses
GC 7.1 Indemnification
GC 7.2 Suspension of Work
GC 7.3 Excusable Delays/Force Majeure
GC 7.4 Termination
GC 7.5 Compliance with Laws and Regulations
GC 7.6 Changes of Law
GC 7.7 Governing Law and Choice of Forum
GC 7.8 Disputes
GC 7.9 Maintenance of Records; Access by Agency; Right to Audit Records GC 7.10 Confidential Information
GC 7.11 Conflicts of Interest, Gratuities
GC 7.12 General Nondiscrimination Clause
GC 7.13 Amendment and Waiver
GC 7.14 Remedies not Exclusive
GC 7.15 Counterparts
GC 7.16 Severability
GC 7.17 Third -Party Beneficiaries
GC 7.18 Assignment of Contract
GC 7.19 Independent Parties
GC 7.20 Survival
GC 8. Agency -Specific Provisions — Not Used
SECTION 4: SPECIAL PROVISIONS..................................................................................................................29 SP 1. Authorization to Use the Local Government Purchasing Schedule SP 2. Assignability
SP 3. Period of Performance
SP 4. Procurement Fee
SP 5. Pricing
SP 5.1 Price Protection
SP 5.2 Price Validity for the Initial Contract Term
SP 5.3 Prohibitions
SP 6. Ordering Procedures
SP 6.1 The Purchase Order or Contract does not replace any other required documents as may be issued or required. Price Protection
SP 6,2 Price Validity for the Initial Contract Term
3 Exhibit 2 262
SP 6.3 Shelter and Optional Accessories Pricing for Option Periods SP 6.4 Prohibitions
SP 6.5 Price Adjustments
SP 7. Delivery Zones, Pricing of Delivery and Coordination of Delivery SP 7.1 Delivery
SP 7.2 Pricing of Delivery
SP 7.3 Delivery Inspection and Acceptance
SP 7.4 Repairs after Non -Acceptance
SP 8. Payment
SP 8.1 Invoices
SP 8,2 Payment of Taxes
SP 9. Delivery Schedule
SP 10. New Technology
SECTION 5: FEDERAL REQUIREMENTS 35
FR 1. Access to Records
FR 1.1 Local Governments
FR 1.2 State Governments
FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes FR 3. Federal Energy Conservation Requirements
FR 4. Civil Rights Requirements
FR 5. No Government Obligation to Third Parties
FR 6. Program Fraud and False or Fraudulent Statements or Related Acts FR 7. Suspension and Debarment
FR 8. Disadvantaged Business Enterprise (DBE)
FR 9. Clean Water Requirements
FR 10. Clean Air Requirements
FR 11. Compliance with Federal Lobbying Policy
FR 12. Buy America
FR 13. ADA Access
FR 14. Payment to Subcontractors
SECTION 6: TECHNICAL SPECIFICATIONS 41
TS 1. GENERAL
SECTION 7: FORMS ANDCERTIFICATIONS 41
CER 1. Proposer's Checklist
CER 2. Request for Pre -Offer Change or Approved Equal
CER 3. Acknowledgement of Addenda
CER 4. Pricing Schedule
CER 5. Pre -Award Evaluation Data Foirhi
CER 6. Federal Certifications and Other Certifications
CER 1.1 Buy America Certification For Procurement of Steel, Iron, or Manufactured Products (Excludes Rolling Stock)
CER 1.2 Debarment and Suspension Certification for Prospective Contractor CER 1.3 Debarment and Suspension Certification (Lower -Tier Covered Transaction) CER 1.4 Non -Collusion Affidavit
CER 1.5 Lobbying Certification
CER 1.7 Notice of Award
4 Exhibit 2 263
SECTION 8:CONTRACT 54
Attachment 1 — Pricing Form for Bus Shelters
SECTION 9: APPENDIXES 57
Appendix A: Bus Shelter Technical Specifications (Attached) Appendix B: Pricing Form (Attached)
5 Exhibit 2 264
Request for Proposal
RFP No. 21-01
SECTION 1: NOTICE OF INVITATION FOR PROPOSALS
NR 1. Purpose of the Procurement and Period of Performance The purpose of this procurement is to establish a solicitation for Bus Shelters, street furniture and accessories. Items proposed may be purchased by consortium members independently of the shelters. The Morongo Basin Transit Authority ("MBTA" or "Agency") a member of the California Association for Coordinated Transportation ("Ca1ACT") is the lead agency for the solicitation. Following contract award, Ca1ACT shall provide all contract administration activities on behalf of its members ("Assignee/s). However, the resulting Contract may only be modified or amended by written action of MBTA. Usage is restricted to those public agencies that are using non-federal (ex. local or state) funding.
Description of the Work to be Done:
The Agency requests proposals for the manufacture and delivery of bus shelters and accessories in accordance with the teiins and conditions set forth in RFP 21-01. The Contract for each order placed using this Proposal shall be a firm -fixed price Contract.
NR 2. Proposal Due Date and Submittal Requirements
Proposals must be received by 1130 am on Friday, July 16, 2021
1. Sealed Proposals shall be submitted to following address:
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, 92405
2. Envelopes or boxes containing Proposals shall be sealed and clearly labeled with the Agency's Proposal number and the solicitation title: RFP #21-01, Bus Shelters.
3. Proposers are required to submit to the Agency one hard copy marked "Original," in a 3 - ring binder with tabs marking each section of the Proposal as per IP 14, and five (5) marked and labeled USB Thumb Drives containing a complete electronic PDF copy of the Proposal. Files to be formatted to include Optical Character Recognition (OCR) so items can be searched. In case of any discrepancies, the hard copy shall be considered by the Agency in evaluating the Proposal, and the electronic version is provided for the Agency's administrative convenience only. In addition, proposers are to submit the Price Worksheet in its Excel version and an electronic copy with signature for ease of distribution to participating agencies. A Proposal is deemed to be late if it is received by the Agency after the deadline stated above. Proposal received after the submission deadline may be rejected at the discretion of the Agency. 6 Exhibit 2 265
Request for Proposal
RFP No. 21-01
NR 3. Validity of Proposals
Proposals shall be valid for a period of one hundred twenty (120) days.
NR 4. Pre -Proposal Meeting Information
A Pre -Proposal. Meeting shall be held for this solicitation via Teleconference as per IP 5.
Prospective Proposers are requested to submit written questions electronically, to the Contract Administrator, identified below. In addition, questions may be submitted up to the date specified in "Schedule for the Procurement." Responses shall be shared with all prospective Proposers.
Prospective Proposers reminded that any changes to the RFP shall be by written addenda only.
Pre -Contract Contracting Officer's Contact Information:
Name: Mr. Joe Meer
Title: Director of Cooperative Purchasing Programs
Address: 62405 Verbena Road, Joshua Tree, CA 92252
Phone number: 760-285-3479
E-mail: [email protected]
Fax number: 760-366-2445
Identification of Source of Funding
Financial support of this project is provided through financial assistance grants from the State of California, California Department of Transportation (CalTrans) and other sources of local and state public funding.
Signed and Dated for Posting
Signature/Title Date
7 Exhibit 2 266
Request for Proposal
RFP No. 21-01
SECTION 2: INSTRUCTIONS TO PROPOSERS
IP 1. Estimated Quantities
The Work under these Contract documents consists of the provision of Bus Shelters and Accessories which may be ordered by members of Ca1ACT. The resulting contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract, with specific minimum and maximum. quantities for the total number of shelters to be potentially ordered during the contract period, including option periods.
The minimum and maximum quantities established for the term of this contract are:
Minimum per year 5
Maximum per year 250
These figures represent the foreseeable needs of the participating Agencies. Orders shall be placed on an as -needed basis. Estimated quantities are infoiliiational and not to be construed as a warranty of accuracy of historical or anticipated volumes. As the anticipated purchasers are primarily small and rural agencies, the successful proposer must be willing and able to supply and deliver shelter kits as specified for orders as small as one (1) shelter kit.
IP 2. Schedule for the Procurement
The following is the solicitation schedule:
• Proposer communications and requests: Friday, May 28, 2021 • Responses to Proposer's communications and/or Agency addenda: Friday, June 18, 2021. • Proposal Due Date: As specified in Section NR2.
IP 3. Obtaining Proposal Documents
Proposal documents may be obtained from Morongo Basin Transit Authority, in person at 62405 Verbena Road, Joshua Tree, CA 92252 or electronically at www.mbtabus.com . Documents requested by mail shall be packaged and sent postage paid. Documents requested by courier shall be packaged and sent only at the Proposer's expense.
IP 4. Proposal Security Requirements - Not Used
IP 5. Pre -Proposal Meeting/Information for Proposers
A Pre -Proposal Meeting will be held via Teleconference on Thursday, May 6, 2021 at 2 pm.
Please RSVP to Joe Meer atmoe( rnbtabus.com for a copy of the agenda, call in details and access code. Prospective Proposers are reminded that any changes to the RFP shall be by written addenda 8 Exhibit 2 267
Request for Proposal
RFP No. 21-01
only, and nothing stated at the Pre -Proposal Meeting shall change or qualify in any way any of the provisions in the RFP and shall not be binding.
IP 6. Questions, Clarifications and Omissions
All correspondence, communication and contact in regard to any aspect of this solicitation or offers shall be only with the Contracting Officer identified above. Unless otherwise instructed by the Contracting Officer, Proposers and their representatives shall not make any contact with or communicate with any member of the Agency, or its employees and consultants, other than the designated Contracting Officer, in regard to any aspect of this solicitation or offers.
At any time during this procurement up to the time specified in "Schedule for the Procurement," Proposers may request, in writing, a clarification or interpretation of any aspect, a change to any requirement of the RFP, or any addenda to the RFP. Requests may include suggested substitutes for specified items and for any brand names, which whenever used in this solicitation shall mean the brand naive or approved equal. Such written requests shall be made to the Contracting Officer. The Proposer making the request shall be responsible for its proper delivery to the Agency as identified on the form Request for Pre -Offer Change or Approved Equal. Any request for a change to any requirement of the Contract documents must be fully supported with technical data, test results or other pertinent information showing evidence that the exception shall result in a condition equal to or better than that required by the RFP, without a substantial increase in cost or time requirements.
A11 responses to Request for Pre -Offer Change or Approved Equal shall be provided to all Proposers. Any response that is not confirmed by a written addendum shall not be official or binding on the Agency.
If it should appear to a prospective Proposer that the performance of the Work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract documents, or that any conflict or discrepancy exists between different parts of the Contract or with any federal, state, local or Agency law, ordinance, rule, regulation or other standard or requirement, then the Proposer shall submit a written request for clarification to the Agency within the time period specified above.
IP 7. Addenda to RFP
The Agency reserves the right to amend the RFP at any time in accordance with "Schedule for the Procurement." Any amendments to the RFP shall be described in written addenda.
Notification of or the addenda also shall be distributed to all such prospective Proposers officially known to have received the RFP. Failure of any prospective Proposer to receive the notification or addenda shall not relieve the Proposer from any obligation under the RFP therein.
A11 addenda issued shall become part of the RFP. Prospective Proposers shall acknowledge the receipt of each individual addendum in their Proposals on the form Acknowledgement of Addenda. Failure to acknowledge in the Proposal receipt of addenda may at the Agency's sole option disqualify the Proposal.
9 Exhibit 2 268
Request for Proposal
RFP No. 21-01
If the Agency determines that the addenda may require significant changes in the preparation of Proposals, the deadline for submitting the Proposals may be postponed no less than ten (10) days from the date of issuance of addenda or by the number of days that the Agency determines shall allow Proposers sufficient time to revise their Proposals. Any new Due Date shall be included in the addenda.
IP 8. DBE Requirements - Not Used
IP 9. Conditions, Exceptions, Reservations or Understandings Proposers are cautioned that exceptions, conditions and limitations to the provisions of this RFP may cause rejection of the Proposal for not responding to the requirements of the RFP.
IP 10. Protest Procedures
All protests must be in writing, stating the name and address of protestor, a contact person, Contract number and title. Protests shall specify in detail the grounds of the protest and the facts supporting the protest.
IP 10.1 Address
All protests must be addressed as follows:
• Agency Contact: Mr. Joe Meer
• For U.S. Mail, special delivery or hand delivery:
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
Protests not properly addressed to the address shown above may not be considered by the Agency.
Copies of the Agency's protest procedures and the protest provisions may be obtained from Mr.
Joe Meer, Director of Cooperative Purchasing Programs, Morongo Basin Transit Authority, 62405 Verbena Road, Joshua Tree, CA 92252, 760-366-2986. Protests must be made in accordance with the terms and provisions of the agency policy.
IP 10.2. Pre -Proposal Protests
Pre -Proposal protests are protests based upon the content of the solicitation documents. Three copies of Pre -Proposal protests must be received by the Agency's office no later than ten (10) calendar days after the RFP is first advertised. Protests shall be considered and either denied or sustained in part or in whole, in writing, in a manner that provides verification of receipt, prior to the Due Date for Proposals. A written decision specifying the grounds for sustaining all or part of or denying the protest shall be transmitted to the protestor prior to the Due Date for Proposals in a manner than provides verification of receipt prior to the Due Date for Proposals. If the protest is sustained, the Proposal Due Date may be postponed and an addendum issued to the solicitation documents or, at the sole discretion of the Agency, the solicitation may be canceled. to
Exhibit 2 269
Request for Proposal
RFP No. 21-01
IP 10.3. Protests on the Recommended Award
All Proposers shall be notified of the recommended award. This notice shall be transmitted to each Proposer at the address contained in its Proposal form or email address used by the proposer in a manner that provides verification of receipt. Any Proposer whose Proposal has not lapsed may protest the recommended award on any ground not specified in "Pre -Proposal Protests," above. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by the Agency at the appropriate address in "Address," above, no later than fifteen (15) calendar days after the date such notification is received. Prior to the issuing of the Notice of Award, a written decision stating the grounds for allowing or denying the protest shall be transmitted to the Proposer and the Proposer recommended for award in a manner that provides verification of receipt.
IP 10.4. FTA Review
This is a non-federal schedule, and therefore ineligible for Federal review.
IP 11. Preparation of Proposals
IP11.1. Use of Proposer Forms
Proposers are advised that the forms contained in this RFP are required to be used for submission of a Proposal. Pencil or erasable ink shall not be accepted. Initial all modifications made to Proposer's entries. Liquid or dry correction materials shall not be used.
IP 12. Alternate and Multiple Proposals - Not Used
IP 13. Proposal Format Requirements
Proposals shall be submitted in sealed package containing a three-ring binder with "tabs" se Darating each section as listed below. The "original" proposal binder is to be marked "ORIGINAL." The spine of the binder is to be marked with MBTA RFP 21-01 and Proposing Firm's name. Five (5) USB thumb drive copies of the hard copy proposal are to be submitted with the original.
1. Section 1 - Letter of Transmittal
2. Section 2 - CER 3. - Acknowledgement of Addenda
3. Section 3 - CER 4. - Pricing Schedule. Note: Subject to the provisions of SP 4, Pricing, the selected Contractor shall agree to sell shelters, including proposed optional features, at the same price and under the terms and conditions of this Agreement from the time of contract award to the expiration of the contract term. The selected Contractor is prohibited from offering any parts discounts, credits, rebates, etc. following Contract award.
4. Section 4 - CER 5 Pre -Award Evaluation Data Form — The Proposer is to submit all of the required Schedules requested on this form.
5. Section 5 - CER 1.6 - Proposal Form and Price Worksheet
6. Section 6 - CER 1.1 — 1.5 All Federal certifications: Buy America Certification, Debarment and Suspension Certification for Prospective Contractor, Debarment and Suspension Certification (Lower -Tier Covered Transaction), Non -Collusion Affidavit, Lobbying Certification — NOTE, Notwithstanding the absence of federal funding, the 11 Exhibit 2 270
Request for Proposal
RFP No. 21-01
federal clauses are incorporated as contract requirements and the federal certification forms are used for the convenience of the Agency.
7. List of References with agency emails and phone numbers included. Products sold to comparable public agencies within the last 3 years.
IP 13.1. Signing of Proposal Forms
Proposals shall include firm name (and, in the event that the Proposer is a joint venture, the names of the individual firms comprising the joint venture); business address; and the name, title and business address of the responsible individual(s) with their telephone, facsimile (fax) numbers and email address who may be contacted during the Proposal evaluation period for receiving notices from the Agency.
IP 13.2. Modification or Withdrawal of Proposals
A modification of a Proposal already received shall be accepted by the Agency only if the modification is received prior to the Proposal Due Date or is specifically requested by the Agency. All modifications shall be made in writing and executed and submitted in the same form and manner as the original Proposal.
A Proposer may withdraw a Proposal already received prior to the Proposal Due Date by submitting to the Agency, in the same manner as the original Proposal, a written request for withdrawal executed by the Proposer's authorized representative. After the Proposal Due Date, a Proposal may be withdrawn at the discretion of the Agency, upon submission and consideration of a similar request. The withdrawal of a Proposal does not prejudice the right of a Proposer to submit another Proposal within the time set for receipt of Proposals.
IP 13.3. Cost of Proposal Development
This RFP does not commit the Agency to enter into a Contract, to pay any costs incurred in the preparation or presentation of a Proposal, or to procure or contract for the equipment.
IP 14. Proposal Evaluation and Selection
Proposals shall be evaluated, selected and any award made in accordance with the criteria and procedures described below.
IP 14.1. Public Opening of Proposals
Proposals shall not be publicly opened.
IP 14.2. Duration of the Validity of Proposals
Proposals shall be valid for the period stated in "Section 1: Notice of Request for Proposals." The Agency may request Proposers to extend the period of time specified herein by written agreement between the Agency and the Proposer(s) concerned.
IP 14.3. Evaluation Committee
An Evaluation Committee, which shall include officers, employees and agents of the Agency or affiliates may be established. The Evaluation Committee shall review the Proposals and the qualifications of the Proposers to deteiluine the proposal(s) offering the best value to the Agency.
12 Exhibit 2 271
Request for Proposal
RFP No. 21-01
The Evaluation Committee may report its recommendations and findings to the appropriate Agency individual or body responsible for awarding the Contract.
IP 14.4. Proposal Selection Process
This solicitation is intended to be a multiple award procurement. Award is to be made to the responsive, responsible proposer(s) whose submittal(s) offer the best value to the Agency.
The following describes the process by which Proposals shall be reviewed and selection(s) made for a potential award.
Any such selection of a Proposer shall be made by consideration of only the criteria set forth below.
Proposals must be responsive. A responsive proposal means a proposal that substantially complies with the request for proposals and all prescribed procurement procedures and requirements. Proposals deemed not responsive may be summarily rejected by the Agency.
Awards may only be made to responsible vendors. "Qualification Requirements" specifies the requirements for determining a responsible Proposer, all of which must be met by a Proposer to be found qualified. Final determination of a Proposer's qualification shall be made based upon all information received during the evaluation process and as a condition for award.
Qualification Requirements
The following are the requirements for qualifying responsible Proposers. All of these requirements must be met; therefore, they are not listed by any particular order of importance.
Any Proposer that the Agency finds not to meet these requirements may be deteiiuined not to be responsible and its Proposal rejected. Measures of responsibility are:
1. Sufficient financial strength, resources and capability to finance the Work to be performed and to complete the Contract in a satisfactory manner, as measured by the following:
• A review of the Proposer's financial condition to deteii _ line if the Proposer has sufficient financial capability to perform the work. This may include obtaining reports from credit agencies or review of a Proposer's financial statements prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located, and audited by an independent certified public accountant; or a statement from the Proposer regarding how financial infoiivation may be reviewed by the Agency.
2. Evidence that the human and physical resources are sufficient to perform the Contract as specified to ensure delivery of the shelter specified in the Contract, to include the following:
13 Exhibit 2 272
Request for Proposal
RFP No. 21-01
• Engineering, management and service organizations with sufficient personnel and requisite disciplines, licenses, skills, experience and equipment to complete the Contract as required and to satisfy any engineering or service problems that may arise during the warranty period.
• Adequate manufacturing facilities sufficient to produce the shelters.
3. Evidence of the Proposer's ability to comply with the anticipated delivery schedule within the context of the Proposer's current commercial and government commitments.
4. Evidence of the necessary organizational, accounting, and operational controls to execute all aspects of the project.
5. Evidence of satisfactory past performance.
6. Evidence of a satisfactory record of integrity and business ethics. Proposing Firm may not be on the list of debarred fuuis. (Sam.Gov)
7. Evidence that the Proposer is otherwise qualified and eligible for contract award.
SELECTION CRITERIA — Responsive proposals will be evaluated based on the following criteria.
1. 40% - Price (including delivery) of the base bus shelters
2. 10% Price of selected optional items
3. 30% - Technical, to include quality of materials and craftmanship, as well as proposed delivery scheduling and a review of the proposing firms manufacturing capability
4. 10% - Past performance/References
5. 10% - Warranty offered
Proposer Price Score = Lowest Price Proposed X Proposer's Price Points Proposer's Cost
Under this formula, the proposer with the lowest proposed price for the base shelter including delivery will receive 40 points.
The other proposals will receive a proportionate share of points based on how much higher their proposed price is in relationship to the low proposed price. Proposed accessories or services will be evaluated for the optional features scores (10 points).
IP 15. Evaluation Procedures
Proposals shall be analyzed for responsiveness. Non -responsive Proposals may be rejected as noted above however the Agency reserves the right to waive minor informalities or to request that a Proposer provide any minor missing infoiiiiation. Submittal of a Proposal shall signify that the Proposer has accepted the whole of the Contract terms and conditions.
Discrepancies in Proposal Items
The Proposer shall furnish a price for each individual Proposal item, unless otherwise stated in the Pricing Worksheet. Failure to do so may render the Proposal(s) incomplete and non- responsive and may cause its rejection. The Proposal shall state the unit prices, the total amount of each Proposal item, and the "Total Proposal Price" for which the Proposer proposes to supply 14 Exhibit 2 273
Request for Proposal
RFP No. 21-01
the labor, goods, and completely perform the Contract. If the unit price and the extended amount expressed by the Proposer or any item are not in agreement, the unit price alone will be considered as representing the Proposer's intention. The Agency will correct the extended unit price and the Total Proposal. Price in the evaluation process.
Should any unit price or total price be left blank the proposal will be considered non -responsive unless the blank item can be objectively calculated from the information available or is not required as identified in the Proposal Form.
If any line item is left blank, and the above situations do not apply, no attempt shall be made to reconcile the amounts. The proposal in this case shall be considered non -responsive.
IP 16. Single Proposal
If only one Proposal is received in response to this RFP, the Agency may, in its sole discretion, enter into negotiations with the single Proposer, conduct a price and/or cost analysis, or both, possibly including an audit, may be performed by or for the Agency. The Proposer has agreed to such analysis by submitting a Proposal in response to this RFP.
IP 17. Availability of Funds
Orders placed as a result of this procurement are subject to the availability of funding.
IP 18. Agency Contract Approval Process
Following completion of the evaluation process, the Agency shall prepare a written recommendation for contact award(s) to the recommended firm(s). This recommendation shall then be presented to the Agency General Manager for approval.
IP 19. Agency Rights
The Agency reserves the right to cancel the procurement in whole or in part, at its sole discretion, at any time before the Contract is fully executed and approved on behalf of the Agency.
The Agency reserves the right to reject any or all Proposals or to waive minor informalities. The Agency reserves the right to determine any specific Proposal that is conditional or not prepared in accordance with the instructions and requirements of this RFP to be nonresponsive. The Agency reserves the right to waive any Defects, or minor infoiuialities or irregularities in any Proposal which do not materially affect the Proposal or prejudice other Proposers.
If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or are otherwise engaged in anti -competitive practices, the Proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by the Agency.
IP 20. Execution of Contract
The acceptance of a Proposal for award, if made, shall be evidenced in writing by a notice of award of Contract delivered to the Proposer whose Proposal is accepted. Upon notice of award of the Contract to a Proposer, the Proposer shall execute the required Contract documents within 15 Exhibit 2 274
Request for Proposal
RFP No. 21-01
thirty (30) calendar days after the date of receipt of the notice of award. Failure to fulfill this requirement within the specified time may be cause for termination of the Contract under "Termination for Default" in Section 3.
IP 21. Conflicts of Interests and Gratuities
Proposers are prohibited from engaging in any practice that may be considered as a conflict of interests under existing Agency policies, CaIACT policies, or state law, and to refrain from participating in any gifts, favors or other forms of compensation that may be viewed as a gratuity in accordance with such policies and laws.
IP 21. Purpose of the Solicitation
The purpose of this solicitation is to establish a contract for Bus Shelters that may be purchased by Local Government Agencies that are members of Ca1ACT. The selected Contractor(s) shall accept purchase orders directly from the users. The intent is to reduce the cost and effort needed to order these shelters in order to make the funds and equipment available to increase services available to transit organizations.
IP 22. Roles of the Parties for this Solicitation
The Morongo Basin Transit Authority ("MBTA"), a member of the California Association for Coordinated Transportation ("CaIACT"), is the lead agency role in the formation of the CaIACT/MBTA Local Government Purchasing Contract for Bus Shelters. For the purposes of this Contract, the arrangement entered into by the MBTA and CaIACT shall hereinafter be referred to as the "Cooperative" and MBTA is referred to as the "Agency." The specific roles and obligations of the MBTA and CalACT are described in detail in the Cooperative Purchasing Agreement between them. As a general matter, MBTA staff, consultants, and counsel shall be responsible for the development of RFP solicitation documents, the technical product specifications and the awarding of the contract on behalf of the Cooperative. After the contract is awarded, CaIACT shall be responsible for providing participating agencies with the ordering instructions and forms required to ensure compliant purchasing, solicitation documentation required for the agency's files, collecting fees, and the general administration of the contract.
16 Exhibit 2 275
Request for Proposal
RFP No. 21-01
SECTION 3: GENERAL CONDITIONS
GC 1. Definitions
The following are definitions of special terms used in this document:
Agency: Morongo Basin Transit Authority (MBTA). Any contract modification involving the base Local Government Purchasing Schedule shall be issued by MBTA.
Assignee: Term for the entity that shall be purchasing shelter from the Local Government Purchasing Contract. In this case, this entity must be a Ca1ACT member whose transit operations and physical location are geographically located within the State of California.
Authorized Signer: The person who is executing this Contract on behalf of the Contractor and who is authorized to bind the Contractor.
Proposal: A promise, if accepted, to deliver equipment and services according to the underlying solicitation of the Agency documented using the prescribed form in the solicitation, including any Proposal document.
Proposer: A legal entity that makes a Proposal.
Contract: The Proposal and its acceptance by the Agency as manifested by the Contract documents specified in "Section 10: Contract."
Contracting Officer: The person who is executing this Contract on behalf of the Agency and who has complete and final authority except as limited herein. For this solicitation, the Contracting Officer prior to Contract award is the authorized representative of MBTA. The Contracting Officer for administration of the Contract following Contract award is the authorized representative of CaIACT. Each order placed shall also designate a Contracting Officer for the Assignee placing the order. This individual can also be a representative of Ca1ACT.
Contractor: The successful Proposer who is awarded a Contract for providing the shelters and equipment described in the Contract documents.
Cooperative: Term used to describe the relationship between MBTA and Ca1ACT for the establishment of the Local Government Purchasing Schedule. 17 Exhibit 2 276
Request for Proposal
RFP No. 21-01
Days: Unless otherwise stated, "days" shall mean calendar days.
Defect: Patent or latent malfunction or failure in manufacture, installation or design of any component or subsystem.
Deviation: Variance from a requirement or specification that does not alter the basis of a contract or adversely affects its performance.
Due Date: The date and time by which Proposals must be received by the Agency as specified in "Section 1: Notice of Request for Proposals." Local Government Purchasing Contract: An arrangement that a local government entity has established with a vendor in which that vendor agrees to provide specific property or services in the future at established prices. In this case, the specific property includes bus shelters and other related equipment.
Solicitation: Agency's Request for Proposals.
Supplier or Subcontractor: Any manufacturer, company or person providing units, components, subassemblies, or labor for inclusion in the products and services that are supplied by the Contractor.
Work: Any and all labor, supervision, services, materials, machinery, equipment, tools, supplies and facilities called for by the Contract and necessary to the completion thereof.
GC 2. Materials and Workmanship
The Contractor shall be responsible for all materials and workmanship in the construction of the bus shelter and all accessories used, whether the same are manufactured by the Contractor or purchased from a Supplier. This provision excludes any equipment leased or supplied by the Agency, except insofar as such equipment is damaged by the failure of a part or component for which the Contractor is responsible, or except insofar as the damage to such equipment is caused by the Contractor during the manufacture of the shelters and accessories.
GC 3. Conformance with Specifications and Drawings
Materials furnished and Work performed by the Contractor shall confoiin to the requirements of the Technical Specifications and other Contract documents. Notwithstanding the provision of drawings, technical specifications or other data by the Agency, the Contractor shall have the responsibility of supplying all parts and details required to make the shelter complete and ready for service even though such details may not be specifically mentioned in the drawings and specifications. Items that are installed by the Agency shall not be the responsibility of the Contractor unless they are included in this Contract.
18 Exhibit 2 277
Request for Proposal
RFP No. 21-01
GC 4. Acceptance
GC 4.1 General
Within fifteen (15) calendar days after arrival and required installation at the designated point of delivery is complete, the Assignee shall inspect the shelter and any related equipment. If the Agency does not notify the Contractor of non -acceptance within 15 calendar days after delivery and required installation, then acceptance by the Agency occurs on the 15th day after delivery.
GC 4.2 Risk of Loss
The Assignee shall assume risk of loss of the shelter on the completion of delivery and required installation. Prior to the completion of delivery and required installation, the Contractor shall have risk of loss of the shelter, including any damages sustained during the delivery and installation process regardless of the status of title. If the material is released back to the Contractor for any reason, the Contractor has the risk of loss upon such release.
GC 5. Intellectual Property Warranty
The Agency shall advise the Contractor of any impending patent suit related to this Contract against the Agency and provide all information available. The Contractor shall indemnify, defend, and hold the Agency, Ca1ACT, and any affected Assignee, including their respective officers, directors, employees, agents, and relevant government agencies in any claim, suit, or proceeding brought against any of said indemnitees based on a claim that any equipment, or any part thereof, furnished under this Contract constitutes an infringement of any patent. In case said equipment, or any part thereof, is deteimined to constitute infringement and use of said equipment or parts is enjoined, the Contractor shall, at its own expense and at its option, either procure for the Agency the right to continue using said equipment or part, or replace same with non -infringing equipment, or modify it so it becomes non -infringing.
GC 6. Changes
GC 6.1 Contractor Changes
Any proposed change in this Contract shall be submitted to the Agency for its prior approval.
Oral change orders are not permitted. No change in this Contract shall be made without the prior written approval of the Contracting Officer. The Contractor shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Contract and signed by the Contracting Officer.
GC 6.2 Agency Changes
The Agency may obtain changes to the Contract by notifying the Contractor in writing. As soon as reasonably possible but no later than thirty (30) calendar days after receipt of the written change order to modify the Contract, the Contractor shall submit to the Contracting Officer a detailed price and schedule Proposal for the changed Work to be perfoiiued. This Proposal shall be accepted or modified by negotiations between the Contractor and the Contracting Officer. At that time, a detailed modification shall be executed in writing by both parties. Disagreements that cannot be resolved within negotiations shall be resolved in accordance with "Disputes," below.
Regardless of any disputes, the Contractor shall proceed with the Work ordered. 19 Exhibit 2 278
Request for Proposal
RFP No. 21-01
GC 7. Legal Clauses
GC 7.1 Indemnification
GC 7.1.1 The Contractor shall, to the extent permitted by law: (1) defend, indemnify and save the Agency, Ca1ACT, and any affected Assignee, including their respective officers, directors, employees, agents, and relevant government agencies harmless from and against any and all liabilities, damages, claims, demands, liens, encumbrances, judgments, awards, losses, costs, expenses and suits or actions or proceedings, including reasonable expenses, costs and attorneys' fees incurred by the indemnitees in the defense, settlement or satisfaction thereof, for any injury, death, loss or damage to persons or property of any kind whatsoever, arising out of or resulting from the intentional misconduct or negligent acts, errors or omissions of the Contractor in the performance of the Contract, including intentional misconduct, negligent acts, errors or omissions of its officers, employees, servants, agents, Subcontractors and Suppliers; and (2) upon receipt of notice and if given authority, shall settle at its own expense or undertake at its own expense the defense of any such suit, action or proceeding, including appeals, against the indemnitees, relating to such injury, death, loss or damage. Each party shall promptly notify the other in writing of the notice or assertion of such claim, demand, lien, encumbrance, judgment, award, suit, action or other proceeding hereunder. The indemnitees shall not make any admission that might be materially prejudicial to the Contractor unless the Contractor has failed to take over the conduct of any negotiations or defense within a reasonable time after receipt of the notice and authority above provided. The indemnitees shall at the request of the Contractor furnish to the Contractor all reasonable assistance that may be necessary for the purpose of defending such suit, action or proceeding, and shall be repaid all reasonable costs incurred in doing so. Any indemnitee shall have the right to be represented therein by advisory council of its own selection at its own expense.
GC 7.1.2 The obligations of the Contractor under the above paragraph shall not extend to circumstances where the injury, death or damages are caused solely by the negligent acts, errors or omissions of the indemnitees, including, without limitation, negligence in: (1) the preparation of the Contract documents, or (2) the giving of directions or instructions with respect to the requirements of the Contract by written order. In case of joint or concurrent negligence of the Parties giving rise to a claim or loss against either one or both, each shall have full rights of contribution from the other.
GC 7.2 Suspension of Work
GC 7.2.1. The Agency may at any time and for any reason within its sole discretion issue a written order to the Contractor suspending, delaying or interrupting all or any part of the Work for a specified period of time.
GC 7.2.2. The Contractor shall comply immediately with any such written order and take all reasonable steps to minimize costs allocable to the Work covered by the suspension during the period of work stoppage. Contractor shall continue the Work that is not included in the suspension and shall continue such ancillary activities as are not suspended. The Contractor shall 20 Exhibit 2 279
Request for Proposal
RFP No. 21-01
resume performance of the suspended Work upon expiration of the notice of suspension, or upon direction from the Agency.
GC 7.2.3. The Contractor shall be allowed an equitable adjustment in the Contract price (excluding profit) and/or an extension of the Contract time, to the extent that cost or delays are shown by the Contractor to be directly attributable to any suspension. However, no adjustment shall be made under this section for any suspension, delay or interruption due to the fault or negligence of the Contractor, or for which an equitable adjustment is provided for, or excluded under any other term or condition of the Contract. As soon as reasonably possible but no later than fourteen (14) calendar days after receipt of the written suspension of work notice, the Contractor shall submit to the Contracting Officer a detailed price and schedule Proposal for the suspension, delay or interruption.
GC 7.3 Excusable Delays/Force Majeure
GC 7.3.1. If the Contractor is delayed at any time during the progress of the Work by the neglect or failure of the Agency or by a cause as described below, then the time for completion and/or affected delivery date(s) shall be extended by the Agency subject to the following cumulative conditions:
a. The cause of the delay arises after the Notice of Award and neither was nor could have been anticipated by the Contractor by reasonable investigation before such award. Such cause may also include force majeure events such as any event or circumstance beyond the reasonable control of the Contractor, including but not limited to acts of God; earthquake, flood and any other natural disaster; civil disturbance, strikes and labor disputes other than those undertaken by the Contractors own employees; fires and explosions; war and other hostilities; embargo; or failure of third parties, including Suppliers or Subcontractors, to perform their obligations to the Contractor; b. The Contractor demonstrates that the completion of the Work and/or any affected deliveries shall be actually and necessarily delayed;
c. The Contractor has taken measures to avoid and/or mitigate the delay by the exercise of all reasonable precautions, efforts and measures, whether before or after the occurrence of the cause of delay; and
d. The Contractor makes written request and provides other supporting information to the Agency as required by section GC 7.3.3., below.
A delay in meeting all of the conditions of this section shall be deemed an excusable delay. Any concurrent delay that does not constitute an excusable delay shall not be the sole basis for denying a request hereunder.
GC 7.3.2. The Agency reserves the right to rescind or shorten any extension previously granted, if subsequently the Agency determines that any information provided by Contractor in support of a request for an extension of time was erroneous; provided, however, that such information or facts, if known, would have resulted in a denial of the request for an excusable delay.
Notwithstanding the above, the Agency shall not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such 21 Exhibit 2 280
Request for Proposal
RFP No. 21-01
extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor.
GC 7.3.3. No extension or adjustment of time shall be granted unless: (1) written notice of the delay is filed with the Agency within fourteen (14) calendar days after the commencement of the delay and (2) a written application therefore, stating in reasonable detail the causes, the effect to date and the probable future effect on the performance of the Contractor under the Contract, and the portion or portions of the Work affected, is filed by the Contractor with the Agency within thirty (30) calendar days after the commencement of the delay. No such extension or adjustment shall be deemed a waiver of the rights of either party under this Contract. The Agency shall make its determination within thirty (30) calendar days after receipt of the application.
GC 7.4 Termination
GC 7.4.1. Termination for Convenience
The performance of Work under this Contract may be terminated by the Agency in accordance with this clause in whole, or from time to time in part, whenever the contracting officer shall determine that such termination is in the best interest of the Agency. Any such termination shall be effected by delivery to the Contractor of a notice of teiinination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.
After receipt of a notice of termination, and except as otherwise directed by the Contracting Officer, the Contractor shall do the following:
• Stop Work under the Contract on the date and to the extent specified in the notice of teiiuination.
• Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated.
• Teiminate all orders and subcontracts to the extent that they relate to the perfoi nance of work terminated by the notice of termination; assign to the Agency in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated, in which case the Agency shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. • Settle all outstanding liabilities and all claims arising out of such teiiiiination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he or she may require, which approval or ratification shall be final for all the purposes of this clause.
• Transfer title to the Agency and deliver in the manner, at the times and to the extent, if any, directed by the Contracting Officer the fabricated or unfabricated parts, Work in process, completed Work, supplies and other material produced as part of, or acquired in connection with the perfoiiiiance of, the Work terminated, and the completed or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the Agency. 22 Exhibit 2 281
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• Use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s) directed or authorized by the Contracting Officer, any property of the types referred to above, provided, however, that the Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price(s) approved by the Contracting Officer, and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Agency to the Contractor under this Contract or shall otherwise be credited to the price or cost of the Work covered by this Contract or paid in such other manner as the Contracting Officer may direct.
• Complete performance of such part of the Work as shall not have been terminated by the notice of termination.
• Take such action as may be necessary, or as the Contracting Officer may direct, for the protection or preservation of the property related to this Contract that is in the possession of the Contractor and in which the Agency has or may acquire an interest.
The Contractor shall be paid its costs, including Contract close-out costs, and profit on Work performed up to the time of tei inination. The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. Settlement of claims by the Contractor under this termination for convenience clause shall be in accordance with the provisions set forth in Part 49 of the Federal Acquisition Regulations (48 CFR 49) except that wherever the word "Government" appears, it shall be deleted and the word "Agency" shall be substituted in lieu thereof.
GC 7.4.2. Termination for Default
The Agency may, by written notice of default to the Contractor, terminate the whole or any part of this Contract if the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or if the Contractor fails to perform any of the other material provisions of the Contract, or so fails to make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) business days, or such longer period as the Contracting Officer may authorize in writing, after receipt of notice from the Contracting Officer specifying such failure.
If the Contract is terminated in whole or in part for default, the Agency may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable to the Agency and affected Assignees for any excess costs for such similar supplies or services, and shall continue the performance of this Contract to the extent not terminated under the provisions of this clause.
Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises out of a cause beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both the Contractor and Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or 23 Exhibit 2 282
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services to be furnished by the Subcontractor were obtainable from other sources and in sufficient time to permit the Contractor to meet the required delivery schedule.
Payment for completed supplies delivered to and accepted by the Assignee shall be at the Contract price. The Assignee may withhold from amounts otherwise due the Contractor for such completed supplies such sum as the Contracting Officer determines to be necessary to protect against loss because of outstanding liens or claims of former lien holders.
If, after notice of termination of this Contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to termination for convenience of the Agency.
GC 7.5 Compliance with Laws and Regulations
Contractor shall at all times comply with all applicable laws, regulations, policies, procedures and directives (together, the "Law"). Contractor's failure to so comply shall constitute a material breach of this Contract.
GC 7.6 Changes of Law
Changes of Law that become effective after the Proposal Due Date may, at the option of the Agency, result in price changes. If a price adjustment is indicated, either upward or downward, it shall be negotiated between the Agency and the Contractor and the final Contract price shall be adjusted upwards or downwards to reflect such changes in Law. Such price adjustment is subject to audit by the Agency. See clause SP 6.5.
GC 7.7 Governing Law and Choice of Forum
This Contract shall be governed by the laws of State of California without regard to conflict of law rules. The Contractor consents to the jurisdiction of the identified State and the County where any Assignee involved in the then -instant claim, dispute, or suit is located.
GC 7.8 Disputes
Any dispute arising under or related to this Contract that is not disposed of by agreement shall be decided in accordance with the following steps. No litigation shall be filed related to this Contract except upon the issuance of the Agency's Final Decision. Pending final resolution of a dispute hereunder, the Contractor shall proceed diligently with the perfoiuiance of the Contract and in accordance with the Contracting Officer's or Chief Executive Officer's decision, as the case may be.
1. Notice of dispute. All disputes shall be initiated through a written dispute notice submitted by either party to the other party within 10 (ten) calendar days of the determination of the dispute.
2. Negotiation between or among contracting officers. The parties shall attempt in good faith to informally resolve any dispute arising out of or relating to this Contract promptly 24 Exhibit 2 283
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by negotiation between or among the Contracting Officer, the appointed representative of any affected Assignee, and the Contractor's representative authorized to settle the controversy, as appropriate. Any party may give the other party written notice of any dispute not resolved in the normal course of business as provided in (1) above. Within 1.4 (fourteen) calendar days after delivery of the dispute notice, the receiving party shall submit to the other party a written response. The dispute notice and written response shall include: (a) a statement of the party's position and a summary of the arguments supporting that position, and (b) any evidence supporting the party's position. The Contracting Officer or Assignee's representative, as appropriate shall conduct such investigation of the claim as he or she deems reasonable and, within 28 (twenty-eight) calendar days after delivery of the dispute notice, issue a final decision. The Contractor may, within 7 (seven) days of the final decision, seek review by the Chief Executive Officer. Such review must be requested, in writing, with such supporting information as necessary to support the Contractor's position. Thereafter, the Chief Executive Officer shall conduct such investigation of the claim as he or she deems reasonable and issue the Agency's Final Decision.
GC 7.9 Maintenance of Records; Access by Agency; Right to Audit Records The Contractor agrees to provide the Agency, affected Assignees, the State of California or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor that are directly pertinent to or relate to this Contract (1) for the purpose of making audits, examinations, excerpts and transcriptions and (2) when conducting an audit and inspection.
1. In the event of a sole source Contract, single Proposal or a single responsive Proposal, the Contractor shall maintain and the Contracting Officer, the State of California or the representatives thereof shall have the right to examine all books, records, documents and other cost and pricing data related to the Contract price, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or perfoiuiance of the Contract shall be made available for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data. The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, including review of accounting principles and practices that reflect properly all direct and indirect costs anticipated for the performance of the Contract.
2. For Contract modifications or change orders the Contracting Officer, the State of California, or their representatives shall have the right to examine all books, records, documents and other cost and pricing data related to a Contract modification, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the Contract modification or change order shall be made available for the purpose of 25 Exhibit 2 284
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evaluating the accuracy, completeness and currency of the cost or pricing data. The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, either before or after execution of the Contract modification or change order for the purpose of conducting a cost analysis. If an examination made after execution of the Contract modification or change order reveals inaccurate, incomplete or out-of-date data, the Contracting Officer may renegotiate the Contract modification or change order price adjustment, and the Agency shall be entitled to any reductions in the price that would result from the application of accurate, complete or up-to-date data.
The requirements of this section are in addition to other audit, inspection and record - keeping provisions specified elsewhere in the Contract documents.
GC 7.10 Confidential Information
Access to government records is governed by the statutes of the State of California. Except as otherwise required by the statutes of the State of California, the Agency shall exempt from disclosure proprietary information, trade secrets and confidential commercial and financial information submitted or disclosed during the Contract period. Any such proprietary information, trade secrets or confidential commercial and financial information that a Contractor believes should be exempted from disclosure shall be specifically identified and marked as such.
Blanket -type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information shall not ensure confidentiality. The specific proprietary inforrrration, trade secrets or confidential commercial and financial information must be clearly identified as such.
Upon a request for records from a third party regarding the Contract, the Agency shall notify the Contractor in writing. The Contractor must respond within twenty (20) days with the identification of any and all "proprietary, trade secret or confidential commercial or financial" information, and the Contractor shall indemnify the Agency's defense costs associated with its refusal to produce such identified information; otherwise, the requested information may be released.
The Agency shall employ sound business practices no less diligent than those used for the Agency's own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by the Contractor pursuant to the Contract that contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pursuant to the statutes of the State of California against disclosure of such information and material to third parties except as peruritted by the Contract. The Contractor shall be responsible for ensuring that confidential commercial or financial information, trade secrets or proprietary inforrrration, with such deterurinations to be made by the Agency in its sole discretion, bears appropriate notices relating to its confidential character.
This Confidentiality section shall survive the termination or expiration of the Contract. 26 Exhibit 2 285
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GC 7.11 Conflicts of Interest, Gratuities
No member, officer, or employee of the Agency or of a local public body during his or her tenure, or one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof.
GC 7.12 General Nondiscrimination Clause
In connection with the performance of Work provided for under this Contract, the Contractor agrees that it shall not, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, sexual orientation or age, discriminate or permit discrimination against any person or group of people in any manner prohibited by federal, state or local laws.
GC 7.13 Amendment and Waiver
GC 7.13.1. Amendment
Any modification or amendment of any provisions of any of the Contract documents shall be effective only if in writing, signed by authorized representatives of both the Agency and Contractor, and specifically referencing this Contract.
GC 7.13.2. Waiver
In the event that either party elects to waive its remedies for any breach by the other party of any covenant, term or condition of this Contract, such waiver shall not limit the waiving party's remedies for any succeeding breach of that or of any other teilii, covenant or condition of this Contract.
GC 7.14 Remedies not Exclusive
The rights and remedies of the Agency provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.
GC 7.15 Counterparts
This Contract may be executed in any number of counterparts. All such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original thereof.
GC 7.16 Severability
Whenever possible, each provision of the Contract shall be interpreted in a manner as to be effective and valid under applicable law. However, if any provision, or part of any provision, should be prohibited or invalid under applicable law, such provision, or part of such provision, shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Contract.
GC 7.17 Third -Party Beneficiaries
No provisions of the Contract shall in any way inure to the benefit of any party (other than the Agency, Assignees, and Contractor), including the public at large, so as to constitute such person 27 Exhibit 2 286
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a third -party beneficiary of the Contract or of any one or more of the terms and conditions of the Contract or otherwise give rise to any cause of action in any person not a party to the Contract.
GC 7.18 Assignment of Contract
Neither party shall assign or subcontract its rights or obligations under the Contract without prior written permission of the other party, and no such assignment or subcontract shall be effective until approved in writing by the other party. Notwithstanding this or any other provision of this Contract, the Agency may assign the right to purchase materials under this Contract to the Assignees under SP 2.
GC 7.19 Independent Parties
The Contractor is an independent contractor with respect to the perfoiinance of all Work hereunder, retaining control over the detail of its own operations, and the Contractor shall not be considered the agent, employee, partner, fiduciary or trustee of the Agency.
GC 7.20 Survival
The following sections shall survive the nominal expiration or discharge of other Contract obligations, and the Agency may obtain any remedy under law, Contract or equity to enforce the obligations of the Contractor that survive the manufacturing, warranty and final payment periods:
• "Intellectual Property Warranty"
• "Indemnification"
• "Governing Law and Choice of Forum"
• "Disputes"
• "Confidential Information"
• "Parts Availability Guarantee"
• "Access to Records"
• "Training"
GC 8. Agency -Specific Provisions — Not Used
28 Exhibit 2 287
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SECTION 4: SPECIAL PROVISIONS
SP 1. Authorization to Use the Local Government Purchasing Schedule The use of this Proposal shall be restricted to members in good standing of Ca1ACT. These members are to be publicly funded transit agencies, city transit systems, other governmental agencies or non-profit organizations performing governmental services.
SP 2. Assignability
A letter of Assignment shall be issued by either MBTA or by Ca1ACT acting for MBTA under the terms of their Cooperative Purchasing Agreement. MBTA reserves the right to withhold assignments at its unilateral discretion. Each Assignment shall be valid for a one-year period.
All shelters ordered under that Assignment shall be delivered and accepted within that one-year period.
SP 3. Period of Performance
The period of performance shall be as specified in NR1. Exercise of these options is at the unilateral discretion of MBTA.
SP 4. Procurement Fee
A procurement fee of 2.5% of total pre-tax price per shelter shall be paid to the Cooperative by the Contractor each month based on activity on this contract. This fee shall be shown as a separate line item on the invoice to the Assignee ordering the shelters. It shall be payable to the Cooperative within thirty (30) days of delivery to agencies. The Contractor shall also supply monthly activity reports showing all orders and payments to the Cooperative. This activity may be audited. The Cooperative may charge interest for late payment if payment is delayed more than ten (10) days after the payment Due Date set forth above. Interest will be charged at a rate of 10% of the procurement fee that is due.
Under the provisions of SP 2, Assignability, the MBTA may choose to assign shelters directly to agencies. These agencies may or may not be located within the political subdivisions comprising the MBTA's joint powers authority. For agencies located within the political subdivisions comprising the MBTA's joint powers authority, MBTA reserves the right to waive the procurement fees.
Failure to report shall also be seen as failure to perform the contract and may lead to corrective action up to and including Termination for Default.
SP 5. Pricing
SP 5.1 Price Protection
Contractor agrees all the Prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by Contractor to any other governmental entity purchasing the similar quantities under similar teiilis. If during the term of this Contract, Contractor shall enter into contracts with any other governmental entity providing greater benefits or more favorable teliiis than those provided by this Contract, Contractor shall be obligated to provide the same to the Agency and its Assignees for subsequent purchases. 29 Exhibit 2 288
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SP 5.2 Price Validity for the Initial Contract Term
Contractor agrees to sell shelters, including proposed optional features, at the same price and under the teinis and conditions of this Agreement from the time of contract award to the expiration of the three-year base term. The Contractor shall provide delivery of the shelters including ordered optional features at the delivery pricing submitted with Proposal. Said pricing is based on the Delivery Charges as specified in SP 7.
SP 5.3 Prohibitions
The Contractor is expressly prohibited from offering any rebates or any other price discounts to ordering agencies using this procurement following contract award.
SP 6. Ordering Procedures
Agencies placing orders under this Proposal shall follow the following procedures:
1. Using the pricing from the Proposal, Assignee shall develop a list showing all optional features, if any, that are required.
2. The Assignee should obtain a delivery schedule with the proposed due date from the Contractor. Delivery schedules must be consistent with or more favorable than that incorporated into the Contract.
3. While the Assignment Agreement provides the Assignee the right to purchase shelters through the Proposal, each separate Agency shall issue a written a Purchase Order or Contract document to the Contractor for its specific order. The Purchase Order or Contract document should reference the Assignment Agreement and should at a minimum include the following:
a. Description of the shelter being ordered including any optional features and the pricing for these items
b. Designated delivery point
c. Delivery due date.
SP 6.1 The Purchase Order or Contract does not replace any other required documents as may be issued or required. Price Protection
Contractor agrees all the Prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by Contractor to any other governmental entity purchasing the same quantity under similar terms. If during the teiin of this Contract, Contractor shall enter into contracts with any other governmental entity providing greater benefits or more favorable teliiis than those provided by this Contract, Contractor shall be obligated to provide the same to Purchaser for subsequent purchases.
SP 6.2 Price Validity for the Initial Contract Term
Contractor agrees to the shelters, including proposed optional equipment or accessories, at the same price and under the terms and conditions of this Agreement from the time of contract award to the expiration of the initial contract telui or option teiuls. By submittal and acceptance of its 30 Exhibit 2 289
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pricing, the Contractor also agrees to provide any of the listed optional features at the listed pricing for the initial two-year contract term.
SP 6.3 Shelter and Optional Accessories Pricing for Option Periods The price of the shelters and of the optional features for each option period shall be the unit price established in the initial Schedule adjusted by multiplying the Base Order Price by the following fraction:
Preliminary Index Number on Month Prior to Notice of Exercise of Option Index Number on Effective Date of the Contract
The Index shall be the Producer Price Index for Fabricated Structural Metal Products, Series No. 107 published by the United States Department of Labor or if such Index is no longer in use, then such replacement which is most comparable to the Index as may be designated by the Bureau of Labor Statistics, or as agreed by the parties.
SP 6.4 Prohibitions
Contractors are expressly prohibited from offering any rebates, credits and any other price discounts following contract award.
SP 6.5 Price Adjustments
This section provides for price adjustments because of changes of law or unusual circumstances.
A price increase shall be considered when an unusual change is specific pertaining to the manufacture of bus shelters. The price may be adjusted only in the same amount as the price increase to the Contractor. The Contractor shall submit the request and all necessary documentation to the Agency to justify the requested increase. The documentation of such factors shall be provided by the contractor, however the decision to allow change is at the sole discretion of the Agency.
No such price increase shall be effective until at least 60 calendar days following approval of the price increase by the Agency.
SP 7. Pricing of Delivery and Coordination of Delivery
SP 7.1 Delivery Zones
The State of California has been divided into five (5) delivery zones. Each zone is comprised of multiple counties as listed below:
Zone 1: Riverside, San Bernardino, San Diego, Imperial
Zone 2: Los Angeles, Santa Barbara, Ventura
Zone 3: San Luis Obispo, Kern, Tulare, Inyo, Fresno, Madera, Mono, Mariposa, Tuolomne, Alpine, Merced, Stanislaus, San Benito, Monterey, Santa Cruz, Kings 31 Exhibit 2 290
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Zone 4: San Francisco, Marin, Sonoma, Sacramento, Sutter, El Dorado, Placer, Nevada, Amador, San Joaquin, Calaveras, Yolo, Colusa, Contra Costa Zone 5: Mendocino, Glenn, Butte, Plumas, Lassen, Shasta, Tehama, Tehama, Modoc, Siskiyou, Trinity, Humboldt, Del Norte, Modoc
SP 7.2 Pricing of Delivery
The selected Contractor shall deliver shelters and any optional features ordered with the shelter(s) according to the delivery pricing submitted in the Proposal and incorporated into the Contract.
Accessories purchased independently of the shelter shall be charged only for the actual costs of delivery. A copy of the shipping invoice shall be provided to the agency within 30 days of the delivery. This activity may be audited for compliance.
At their discretion, a purchasing agency may elect to forego the delivery charge and pick up the shelter/s at the manufacturer if this option is feasible.
All deliveries shall be coordinated with the ordering agency. The Contractor shall contact the ordering agency to agree upon a delivery schedule at least three (3) working days prior to delivery. Delivery shall be made during normal working hours. Delivery terms are to be based on the Delivery identified by the ordering agency, either at their place of business or other identified location. No additional charges shall a -3-31y for deliveries.
SP 7.3 Delivery Inspection and Acceptance
Upon delivery of the shelter(s) at the point of delivery, the Assignee shall take possession of the shelter(s) and shall perfoliii any required inspections. If there is no damage reported, the Assignee shall Accept the shelter consistent with GC 4.1.
The Agency shall record any damage and shall notify the Contractor of acceptance or non- acceptance.
SP 7.4 Repairs after Non -Acceptance
The Contractor shall repair or replace any damaged shelter after non -acceptance.
SP 8. Payment
The Assignee shall make payments for shelters at the unit prices itemized in the price schedule within thirty (30) calendar days after the delivery and acceptance of each shelter and receipt of a proper invoice.
The Assignee shall make payments for optional features at the unit prices itemized in the price schedule within thirty (30) calendar days after the delivery and acceptance of said equipment and receipt of a proper invoice.
32 Exhibit 2 291
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SP 8.1 Invoices
Contractor shall submit invoices for all shelters, optional features and all other items purchased under this Contract to the Agency thirty (30) calendar days after each delivery. Payment shall be within 30 days after Acceptance of each item. Proforma invoices shall be acceptable.
SP 8.2 Payment of Taxes
Unless otherwise provided in this Contract, the Contractor shall pay all federal, state and local taxes, and duties applicable to and assessable against any Work, goods, services, processes and operations incidental to or involved in the Contract, including but not limited to retail sales and use, transportation, export, import, business and special taxes. The Contractor is responsible for ascertaining and paying the taxes when due. The total Contract price shall include compensation for all taxes the Contractor is required to pay by laws in effect on the Proposal Due Date. The Contractor shall maintain auditable records, subject to the Agency reviews, confirming that tax payments are current at all times.
SP 9. Delivery Schedule
The Proposer is asked to identify a proposed "maximum delivery schedule" in writing as part of its submittal.
The Contractor shall deliver all shelters on or before the delivery date contained in the Order Confirmation issued by each ordering agency. The Order Confirmation shall also indicate the point of delivery as well as days and hours of delivery. The Proposer must identify a delivery schedule
SP 10. New Technology
The Cooperative reserves the right to add new features to this contract that may evolve through new technology to the resulting contract. Such features must be for the same purpose as equipment awarded and fall within the original scope.
SP11. Buy America
While this Contract is not subject to the Buy America requirements of 49 USC 5323(j) and 49 CFR Part 661, the Contractor must, as a contractual requirement, comply with the Buy America regime reflected in 49 CFR Part 661, except that references therein to the authority of federal authorities shall be read to confer such authority on the Agency. Specifically, the requirements of 49 CFR 661.5 will be applied in assessing the compliance of products delivered under this Contract. See also the required certification at CER 6.
SP 12. Suspension and Debarment
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While this Contract is not subject to 2 CFR Part 1200 and 2 CFR Part 180, the Contractor must, as a contractual requirement, verify that none of the Contractor, its principals, or affiliates, are excluded or disqualified as defined in those references.
The Contractor is required to comply with 2 CFR Parts 1200 and 180, except that references therein to the authority of federal authorities shall be read to confer such authority on the Agency, and must include the requirement to comply in any lower -tier covered transaction it enters into.
By signing and submitting its Proposal or Proposal, the Proposer or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the Agency. The Proposer agrees to comply with the requirements of 2 CFR Parts 1200 and 180 as modified herein while this Proposal is valid and throughout the period of any Contract that may arise from this Proposal. The Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions
34 Exhibit 2 293
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SECTION 5: FEDERAL REQUIREMENTS
FR 1. Access to Records
The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the perfoin►ance of this Contract, in which case Contractor agrees to maintain same until the Agency, the FTA Administrator, the Comptroller General or any of their duly authorized representatives have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
The following access to records requirements apply to this Contract:
FR 1.1 Local Governments
In accordance with 49 CFR 18.36(i), the Contractor agrees to provide the Agency, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor that are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311.
FR 1.2 State Governments
In accordance with 49 CFR 633.17, the Contractor agrees to provide the Agency, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes The preceding provisions include, in part, certain standard terms and conditions required by the Department of Transportation, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F or its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act or refuse to comply with any Agency requests that would cause the Agency to be in violation of the FTA terms and conditions.
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The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Agency and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Contractor's failure to so comply shall constitute a material breach of this Contract.
FR 3. Federal Energy Conservation Requirements
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
FR 4. Civil Rights Requirements
The following requirements apply to the underlying Contract:
1. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 5332, the Contractor agrees that it shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying Contract:
(a) Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other foiiiis of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
36 Exhibit 2 295
Request for Proposal
RFP No. 21-01
(b) Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC §§ 623 and Federal transit law at 49 USC § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the Contractor agrees that it shall comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
FR 5. No Government Obligation to Third Parties
1. The Agency and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the Solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Agency, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Subcontractor who shall be subject to its provisions.
FR 6. Program Fraud and False or Fraudulent Statements or Related Acts
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
37 Exhibit 2 296
Request for Proposal
RFP No. 21-01
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the Subcontractor who shall be subject to the provisions.
FR 7. Suspension and Debarment
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The Contractor is required to comply with 49 CFR 29, Subpart C, and must include the requirement to comply with 49 CFR 29, Subpart C, in any lower -tier covered transaction it enters into.
By signing and submitting its Proposal or Proposal, the Proposer or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the Agency. If it is later deteiiuined that the Proposer or Proposer knowingly rendered an erroneous certification, in addition to remedies available to the Agency, the federal government may pursue available remedies, including but not limited to suspension and/or debaiiuent. The Proposer or Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C, while this Proposal is valid and throughout the period of any Contract that may arise from this Proposal. The Proposer or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
FR 8. Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The Contractor shall maintain compliance with "DBE Approval Certification" throughout the period of Contract performance.
The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the 38 Exhibit 2 297
Request for Proposal
RFP No. 21-01
termination of this Contract or such other remedy as the Agency deems appropriate. Each subcontract the Contractor signs with a Subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
FR 9. Clean Water Requirements
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. The Contractor agrees to report each violation to the Agency and understands and agrees that the Agency shall, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
FR 10. Clean Air Requirements
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The Contractor agrees to report each violation to the Agency and understands and agrees that the Agency shall, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
FR 11. Compliance with Federal Lobbying Policy
Contractors who apply or Proposal for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any Agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant or any other award covered by 31 USC 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal Contract, grant or award covered by 31 USC 1352. Such disclosures are forwarded from tier to tier up to the recipient.
FR 12. Buy America
The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7. A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device 39 Exhibit 2 298
Request for Proposal
RFP No. 21-01
that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data.
Proposer to submit certificates of origin and sample invoices for components of proposed shelters including all steel and iron products and electronic items on an electronic thumb drive.
A Proposer must submit to the Agency the appropriate Buy America Certification with all offers on FTA-funded contracts, except those subject to a general waiver. Proposals that are not accompanied by a properly completed Buy America certification are subject to the provisions of 49 CFR 661.13 and may be rejected as nonresponsive.
FR 13. ADA Access
The Contractor and any of its Subsuppliers under this Contract agree to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and the following regulations and any amendments thereto:
1. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37;
2. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27;
3. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB)/U.S. DOT regulations, "American With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38;
4. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35;
5. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36;
6. General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19;
7. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630;
8. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities," 47 CFR Part 64, Subpart F;
9. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609;
10. U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 CFR Part 1194; and
11. Any implementing requirements FTA may issue.
FR 14 Payment To Subcontractors
1. Applicability: This Section only applies if the Contractor has employed Subcontractors.
2. Requirements: Payments — Contractor shall pay each Subcontractor under this Contract 40 Exhibit 2 299
Request for Proposal
RFP No. 21-01
for satisfactory performance of its Subcontracts no later than seven (7) days after its receipt of each payment from the Agency
SECTION 6: TECHNICAL SPECIFICATIONS
TS 1. GENERAL
Technical specifications define requirements for the shelters are contained in Appendix A and are embedded at that section.
Appendix A - Technical Specifications
41 Exhibit 2 300
Request for Proposal
RFP No. 21-01
SECTION 7: FORMS ANDCERTIFICATIONS
CER 1. Proposer's Checklist
RFP No. 21-01, For Bus Shelters
❑
1. Letter of Transmittal
❑
2. Acknowledgement of Addenda
❑
3. Pricing Schedule (including option shelter features) ❑
4. Pre -Award Evaluation Data Form
❑
5. Rec uired Certifications
42 Exhibit 2 301
Request for Proposal
RFP No. 21-01
CER 2. Request for Pre -Offer Change or Approved Equal
This form must be used for requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name and must be submitted as far in advance of the Due Date, as specified in "Questions, Clarifications and Omissions." Please use only the embedded Excel document and submit electronically to assist the agency in responding to your requests.
Morongo Basin Transit Authority
RFP No. 21-01, Bus Shelters
AE Form RFP
#21-01.xls
43 Exhibit 2 302
Request for Proposal
RFP No. 21-01
CER 3. Acknowledgement of Addenda
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered nonresponsive to the Solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal.
The undersigned acknowledges receipt of the following addenda to the documents:
Addendum No.: Dated:
Addendum No.: Dated:
Addendum No.: Dated:
Addendum No.: Dated:
Proposer:
Name:
Title:
Phone:
Street address:
City, state, ZIP:
Authorized signature Date
44 Exhibit 2 303
Request for Proposal
RFP No. 21-01
CER 4. Pricing Schedule
The Pricing Schedule is contained in the embedded document is an Excel Spreadsheet containing the Pricing Schedule. Each Proposer is to complete the appropriate spreadsheet tabs, print and return an original with a "wet signature" with the required Proposal forms. Proposers are to also provide the other copies as required in NR 3, Proposal Due Date and Submittal Requirements. 45 Exhibit 2 304
Request for Proposal
RFP No. 21-01
CER 5. Pre -Award Evaluation Data Form
Instructions: This foil,' is to be completed and included in the Qualification. Package.
Attach additional pages if required.
Morongo Basin. Transit Authority
RFP No. 21-01 for Bus Shelters
1. Name of firm:
2. Address:
3. ❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture
4. Date organized:
State in which incorporated:
5. Names of officers or partners:
a.
b.
c.
d.
6. How long has your firm been in business under its present name?
7. Have you been terminated or defaulted in the past five years, on any Contract you were awarded? Have you been barred by Federal process or any Western State? Has your firm ever defaulted on a performance bond? ❑ Yes ❑ No
If yes, then attach as SCHEDULE ONE the full particulars regarding each occurrence.
8. Attach as SCHEDULE TWO a list of similar current contracts which demonstrates your technical proficiency, each with contract amount, name and address of contracting party including a contact person and their phone number, character or type of work and percentage of completion.
9. Attach as SCHEDULE THREE a list of similar contracts, each with contract amount, name of contracting party including a contact person and their phone number, character or type of work for similar contracts completed in the last five (5) years.
10. In the last two (2) years have you ever been denied an award where you were selected? . If the answer is YES, attach as SCHEDULE FOUR the full particulars regarding each occurrence.
11. Have you ever failed to complete, in the past five (5) years, any contract on which you were selected? . If the answer is YES, attach as SCHEDULE FIVE the full particulars regarding each occurrence.
12. Have you had any litigation within the previous 5 years involving any current or foiuler projects with clients or government agencies? If the answer is YES, attached as SCHEDULE SIX the findings of any litigation including the status of each case.
The above information is confidential and shall not be divulged to any unauthorized personnel.
The undersigned certifies to the accuracy of all information:
Name and title:
Company:
Authorized signature Date
46 Exhibit 2 305
Request for Proposal
RFP No. 21-01
CER 6. Federal Certifications and Other Certifications
CER 1.1 Buy America Certification for Procurement of Steel, Iron, or Manufactured Products (Excludes Rolling Stock)
Certificate of Compliance
The Proposer/Proposer hereby certifies that it will comply with the requirements of Title 49 USC Section 5323(j)(1) and the applicable regulations in 49 CFR Part 661.:
Name and title:
Company:
Authorized signature
Date
Certificate of Non -Compliance
The Proposer/Proposer hereby certifies that it cannot comply with the requirements of Title 49 USC Section 5323(j)(1), but it may qualify for an exception pursuant to Title 49 USC § 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.
Name and title:
Company:
Authorized signature Date
47 Exhibit 2 306
Request for Proposal
RFP No. 21-01
CER 1.2 Debarment and Suspension Certification for Prospective Contractor Primary covered transactions must be completed by Proposer for contract values over $25,000.
Choose one alternative:
— The Proposer, [insert name], certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debain►ent, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this Proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or Contract under a public transaction; violation of federal or state antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and
4. Have not within a three-year period preceding this Proposal had one or more public transactions (federal, state or local) teiininated for cause or default.
OR
— The Proposal is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.) The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § Sections 3801 are applicable thereto.
— Executed in [insert city and state].
Name:
Authorized signature Date
48 Exhibit 2 307
Request for Proposal
RFP No. 21-01
CER 1.3 Debarment and Suspension Certification (Lower -Tier Covered Transaction) This form is to be submitted by each Subcontractor receiving an amount exceeding $25,000.
The prospective lower -tier participant (Proposer) certifies, by submission of this Proposal, that neither it nor its "principals" as defined at 2 CFR Parts 1200 and 180 is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency.
If the prospective Proposer is unable to certify to the statement above, it shall attach an explanation, and indicate that it has done so by placing an "X" in the following space: _
THE PROPOSER,
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN
ADDITION, THE PROPOSERUNDERSTANDS AND AGREES THAT THE
PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND EXPLANATION, IF ANY.
Name and title of the Proposer's authorized official:
Authorized signature Date
49 Exhibit 2 308
Request for Proposal
RFP No. 21-01
CER 1.4 Non -Collusion Affidavit
This affidavit is to be filled out and executed by the Proposal; if a corporation makes the Proposal, then by its properly executed agent. The name of the individual swearing to the affidavit should appear on the line marked "Name of Affiant." The affiant's capacity, when a partner or officer of a corporation, should be inserted on the line marked "Capacity." The representative of the Proposer should sign his or her individual name at the end, not a partnership or corporation name, and swear to this affidavit before a notary public, who must attach his or her seal.
State of , County of
, being first duly sworn, do hereby state that
(Name of Affiant)
I am of
(Capacity) (Name of Firm, Partnership or Corporation)
whose business is _
and who resides at
and that
(Give names of all persons, firms, or corporations interested in the Proposal) is/are the only person(s) with me in the profits of the herein contained Contract; that the Contract is made without any connection or interest in the profits thereof with any persons making any Proposal or Proposal for said Work; that the said Contract is on my part, in all respects, fair and without collusion or fraud, and also that no members of the Board of Trustees, head of any department or bureau, or employee therein, or any employee of the Authority, is directly or indirectly interested therein.
Signature of Affiant Date
Sworn to before me this
day of , 20
Notary public My commission expires
Seal
50 Exhibit 2 309
Request for Proposal
RFP No. 21-01
CER 1.5 Lobbying Certification
This form is to be submitted with an offer exceeding $100,000.
The Proposer certifies, to the best its knowledge and belief, that:
1. No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal department or agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the U.S. Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification thereof.
2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for snaking lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction, as amended by "Government -wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
THE PROPOSER, , CERTIFIES OR AFFIRMS THE
TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE, IF ANY. IN ADDITION, THE PROPOSERUNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF ANY.
Name of the Proposer or Proposer's authorized official:
Title:
Signature Datc
Per paragraph 2 of the included form Lobbying Certification, add Standard Form—LLL, "Disclosure Form to Report Lobbying," if applicable.
51 Exhibit 2 310
Request for Proposal
RFP No. 21-01
CER 1.6 Proposal Form
Proposer shall complete the following form and include it in the Proposal.
PROPOSER
By execution below by a duly authorized representative(s) of the Proposer, the Proposer hereby offers to furnish equipment and services as specified in its Proposal submitted to MBTA in response to Invitation to Proposal No. 21-01 Bus Shelters in its entirety.
Proposer:
Street address:
City, state, ZIP:
Name and title of Authorized Signer(s):
Name and title of Authorized Signer(s):
Phone:
Authorized signature Date
Authorized signature Date
52 Exhibit 2 311
Request for Proposal
RFP No. 21-01
CER 1.7 Notice of Award
By execution below, Morongo Basin Transit Authority accepts the Proposal as indicated above.
Contracting officer:
Authorized signature Date
53 Exhibit 2 312
Request for Proposal
RFP No. 21-01
SECTION 8: CONTRACT
1. Contract Documents and Order of Precedence
The Contract consists of the documents listed below. In case of any conflict among these documents, the order of precedence shall be:
1. Form of Contract
2. "Section 4: Special Conditions"
3. "Section 3: General Conditions"
4. "Section 6: Technical Specifications," "Section 7: Warranty Requirements," and "Section 8: Quality Assurance"
5. Contractor's Proposal
6. Addenda
7. RFP No. 21-01
A modification or change to any Contract document shall take its precedence from the term it amends. All other documents and terms and conditions shall remain unchanged.
2. Compensation
The Pricing Form for Bus Shelters is Attachment 1 to this Contract. Each ordering Agency shall pay the Contractor the amount shown on the Ordering Confirmation Form as full compensation for all costs and expenses of completing the Work in accordance with the Contract, including but not limited to all labor and material required, overhead, storage, risks and obligations, taxes (as applicable), fees and profit, and any unforeseen costs. The only compensation to be paid shall be the cost of each shelter which is based on the quantity being ordered and the cost of shipping which is based on the quantity of shelters and the Zone to which the shelters will be shipped. In addition, the Contractor may also charge applicable sales tax based on the location to which the shelters are being shipped.
3. Contract Term and Period of Performance
The effective date of this Contract shall be the effective date set forth in the Notice to Proceed (NTP). The Contractor shall provide bus shelters under the Contract for a period of three (3) years after the effective date of the Contract, upon receipt of the NTP and additional options years extended at the sole discretion of the MBTA.
4. Notices
Any Notice legally required to be given by one party to another under the Contract shall be in writing, dated and signed by the party giving such Notice or by a duly authorized representative of such party.
Notices shall not be effective unless transmitted by any method that provides confuuiation of transmission and delivery, such as fax, certified mail or registered mail and addressed to:
To Agency:
54 Exhibit 2 313
Request for Proposal
RFP No. 21-01
Mr. Joe Meer, Director of Purchasing
Morongo Basin. Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
[Insert Contractor name, address and point of contact]
5. Entire Agreement
This Contract constitutes the complete and entire agreement between the Agency and Contractor and supersedes any prior representations, understandings, communications, commitments, agreements or Proposals, oral or written that are not incorporated as a part of the Contract.
Contractor name
Signature of authorized official
(Print or type name and title)
Date
Tax ID number
Agency name
Signature of authorized official
(Print or type name and title)
Date
Approved as to form by:
Insert name and title
55 Exhibit 2 314
Request for Proposal
RFP No. 21-01
Attachment 1— Pricing Form for Bus Shelters
[INSERT PRICING SCHEDULE]
56 Exhibit 2 315
Request for Proposal
RFP No. 21-01
++
SECTION 9: APPENDIXES
Appendix A: Bus Shelter Technical Specifications (Embedded here) Att A RFP 21-01
Technical Specificatioi
Appendix B: Pricing Form (Embedded here)
Price Worksheet RFP
21-01.xlsx
57 Exhibit 2 316
STANDARD SHELTER SPECIFICATIONS
RFP 21-01, ATTACHMENT A
Morongo Basin Transit Authority
Lead Agency for the
California Association for Coordinated Transportation
Local Government Purchasing Schedule
May 2021
Exhibit 2 317
Technical Specifications
9' Shelter
1. Roof dimensions: 8' 7 7/8" x 4'8" Height: 7' to bottom of roof perimeter
2. The roof design features two circular shapes running horizontally. One is used as a rain gutter, the other allows for optional electrical wiring for lighting and/or conduit for `real-time' transit information.
3. The one-piece roof shall be welded from four lengths of aluminum extrusion: No snap together corners which can be vandalized.
4. Two roof beams shall be welded to the roof perimeter for placement of the supporting legs.
5. Roof beams are pre -drilled contain alignment channel for supporting legs to facilitate field installation
6. Dome roof shelter with bronze or white Lexan Thermoclear roof panels engaged within the roof perimeter and secured to the welded roof bow with extruded aluminum flat bars and rubber gaskets, attached by Tek screws, with rubber washers. Roof panels are secured with extruded aluminum flat bars and rubber gaskets, attached by Tek screws. No silicone sealer is required.
1. Optional roofs include aluminum dome roof
2. Aluminum low peak roof -gable style
3. Aluminum high peak roof -gable style
4. Aluminum high peak roof with earth stone coated Gerard simulated roof tile, terracotta in color
5. Mansard roof sty
Proposer to offer above roof styles at buyer's choice, with no extra charge to the purchasing agency.
7. Powder coated perforated metal panels in steel frames at the rear and 1/2 end walls, are constructed from 16 ga galvanized steel sheets with 1/4" diameter holes on 3/8" staggered centers with protected edges centers and attached to square steel tube frames with drive rivets. Walls shall be supported with adjustable stainless -steel assemblies, which anchor to the concrete pad or sidewalk.
1. Optional full end wall panels should be available
2. Optional front windscreen to be available
3. Optional "Victorian" style perforated metal panels should be available
4. Optional "Herringbone" style perforated metal panels should be available Exhibit 2 318
Perforated metal framed in a rectangular shape with array of diagonally arranged flat bars symmetrical thru theoretical vertical centerline of rectangle.
8. Two 3" steel pipe legs support the roof at each end of the structure. Four adjustable shoes allow for up to 12" grade variation.
1. An aluminum post options should be available
9. Walls shall be supported with adjustable stainless steel assemblies, which anchor to the concrete pad or sidewalk.
10. All materials shall be top quality — only ASTM A-36 grade 3" schedule 40 pipe for structural steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch.
11. Steel welding shall conform to American welding society standard D1. 1-80.
Electrodes conform to ASTM A233, class E70S-6. All aluminum components shall be welded in accordance with AWS/SFA 5.10 CLASS ER4043. All welding shall be performed by certified welders.
12. All of the structure's metal surfaces shall feature a durable baked polyester powder coat finish, 4-5 ml thick. The powder coating process produces no volatile organic compounds (VOCs). Powder coat finish was created for durability in outdoor use and to withstand graffiti removal solvents. Color is to be selected from the standard RAL color chart
1. Proposer shall provide an outline of their powder coat finish process including sandblast, cleaning, pretreat, top coat and quality check.
13. Shelter shall be constructed of modular, interchangeable components to allow for ease of installation and parts replacement. Shelters shall be shipped knock -down (k.d.) for ease of handling and installation. This also allows of easy site adaptation.
14. The shelter shall be supplied with all hardware and ground anchors necessary for site installation.
15.AII detail shop drawings, details of materials, fabrication, assembly and framing details, erection drawings, parts list and field installation instructions shall be to be included.
16. Stamped and sealed engineering calculations from a licensed CA engineer confirming compliance with building codes in the municipalities of Twentynine Palms and Yucca Valley in San Bernardino County, California including wind and snow loads to be provided to MBTA with submission of bid for the base 9,13- & 17 -foot shelter include solar fixture and mounting details.
17. Stamped and sealed engineering calculations from a licensed CA engineer confirming with local building codes including wind and snow loads to be provided to each purchasing agency if requested.
18. The shelter shall be fabricated by a manufacturer with a minimum of 10 years' experience designing and fabricating transit shelters.
Exhibit 2 319
19. This shelter shall carry a lifetime warranty. Proposer to describe warranty in detail with submission and summarize on product information sheet.
Shelter Illumination: (Ref. Unit Urban Solar RMS 80 or approved equal)
1. Solar units must be capable of mounting to the specified 9', 13' and 17' and 21' shelters. Solar panels to be of low -profile design for aesthetic and vandal resistant purposes and use security hardware to fasten to the shelter roof. Each solar unit will have a serial number assigned and visible from the interior of the shelter.
2. Solar units to be designed to include vandal resistant hardware and designed to withstand abuse from potentially damaging individuals. Security fasteners will be used for any exposed points
3. Solar illumination for shelters is to be for the interior seating area of the shelter only.
4. Illumination is to be provided from dusk to dawn.
5. Minimum illumination level will be 3.0 ft candles to be measured at 3 feet above the concrete shelter pad at or near the shelter bench area and illuminate approximately 40 square feet. Greater illumination levels may be provided as options.
6. Solar units must be of modular design to allow for independent replacement of solar collector, light bar, light fixtures/bulbs, batteries and lighting control module. Replacement part numbers to be provided.
7. Light source to be high intensity, white light emitting diodes (LED)
8. Solar unit must be capable of providing 5 days of full brightness, from a full charge, with no additional charging.
9. Battery component shall be industry approved rechargeable, non -spillable, sealed, AGM (absorbed glass mat). Batteries must be capable of providing three to five years of trouble -free charging and discharging and warranted for a three- year pro -rated period.
10. Solar units will have a five-year minimum warranty on all major components, excluding batteries.
10. Wherever possible, all exposed metalwork will be powder coated to match shelter color and the finish is to be warranted for a minimum of 5 years.
The bench proposed should include:
• Perforated metal
• 8' x 1.5' feet. No back. 4' X 1.5' bench for 9' shelter. • Legs and 3 anti -vagrant bars shall be constructed from 1.25" schedule 40 pipe • Horizontal supports constructed from 3/4" schedule 40 pipe. • Perforated metal is 12 -gauge galvanized sheet with '/4" holes on 3/8" centers, staggered.
• Finish is powder coated approximately 5 ml thick
• Secured to concrete with 4, 1/2" diameter zinc anchor bolts Exhibit 2 320
• Powder coat finish approximately 5 ml thick.
• Proposer may offer additional bench options (ADA compliant only) and pricing Trash receptacle proposed:
• 20 -gallon capacity
• 20 -gauge steel drum approximately 19'/2" tall and 16 1/2" in diameter • Trash receptacle capable of attaching to shelter end leg pole • Mounting hardware
• 100% welded unit including the hinge latch mechanism. • Dome lid cover capable of reducing the deposit of oversized items and reducing water buildup in the receptacle.
• Heavy duty welded hasp
• Powder coat finish approximately 5 ml thick.
• Proposer shall offer additional trash receptacle options 13' Shelter
20. Roof dimensions: 12'7 7/8" x 4'8"Height: 7' to bottom of roof perimeter
21.AII specifications as stated above for 9' shelter apply to 13' shelter. 17' Shelter
22. Roof dimensions: 16'7 7/8" x 4'8" Height: 7' to bottom of roof perimeter
23.AII specifications as stated above for 9' shelter apply to 17' shelter.
MAP CASES AND ADVERTISING KIOSKS
• Proposer shall outline additional advertising kiosk, map case ad schedule holder options.
21' Shelter
1. Roof dimensions: 20'8 7/8" x 4'8" Height: 7' to bottom of roof perimeter
2. All specifications as stated above for 9' shelter apply to 21' shelter.
MAP CASES AND ADVERTISING KIOSKS
• Proposer shall outline additional advertising kiosk, map case ad schedule holder options.
Delivery:
Offeror shall propose base pricing and delivery (mileage charges) on releases of 3,6,12 and 24 shelters.
Submittals upon delivery of ordered units:
Exhibit 2 321
• Shop drawings and documentation that indicate wall and roof panels, details of materials, fabrication and assembly, framing profiles, fastener types and locations, flashing and seal details.
• Erection drawings providing instruction, erection drawings and method to allow field installation or repair of shelter.
• Data for wall and roof panels including literature from manufacture.
Optional Accessories:
Standalone Solar Stop Option:
Quantities: (Minimum 10 per year, maximum 250 per year) Proposer is requested to provide pricing, on options requested below:
Solar stop should be an autonomous, self-contained solar LED bus stop lighting system designed specifically for bus stops and zones. No external wiring is required. The Solar Stop should be easy to operate, low maintenance and vandal resistant. Reference unit is Urban Solar PV stop or Approved Equal. Minimum Features:
• Automatic or on demand operation through an ADA compliant button • Color finishing options to be described in a separate attachment • Must have dedicated pole bracket options for 175 through 2.5" OD poles • Contain a smart controller which has a self -test feature and data collection capabilities • Must be fully assembled and can be installed on an existing or new post in minutes. All components are standard off the shelf products manufactured and or assembled by to exceed NEC requirements and meet minimum Buy America conditions. • If automatic light must remain on for 6 hours after dusk; or for a total of 6 hours split night profile. Example: Spilt night may be defined as dusk plus 4, dawn minus 2 hours • Provide lead acid, A.G.M. or Gel cell, battery requiring minimal maintenance with a minimum three-year life span and re -usable or recyclable • Battery autonomy or reserve should allow system to operate for 5 days minimum from full charge with zero solar charge
• Must turn on a). Automatically at dusk (and remain on for at least six hours) or b). Have an ADA approved button for operation up to 15 minutes per activation. • Manufacturer must meet ISO 9001 standards (provide certificate) • Light must be Light Emitting Diode (L.E.D.) technology with minimum 50,000 -hour lifespan
Exhibit 2 322
• Proposer to provide separate Buy America cost certification and breakdown from solar light supplier and cost documentation in support of same • Unit to be warrantied for a minimum of 10 years
MAP CASES AND ADVERTISING KIOSKS
Proposer may outline additional advertising kiosk, map case and schedule holder options, to be priced in the pricing and options worksheet. Supporting technical information and dimensions to be provided in the proposal. • Optional Pole -mounted bus stop security lighting system with programmable or on -demand operation. Includes mounting hardware for existing transit pole. 20W min solar array; 20 -amp hour lithium -ion battery. Minimum 5 -watt LED. Up to two custom powder coat colors included.
• Optional Pole -mounted bus stop security lighting with programmable or on - demand operation and auxiliary power for electronic signage. Includes mounting hardware and custom powder coat color. 42W min solar array; 20 -to -36 -amp hour Lithium Ion or Sealed Lead Acid battery. Minimum 5 -watt LED. • Proposer to provide 5 -year pricing for remote management and monitoring of solar system including communication. (Hardware plus price of monitoring) • MBTA requests Solar "Real Time" Passenger information bus stop signs: Please provide a response for 16" and 24" screens with a safety lighting feature. Must meet visual and ADA standards, be manufactured to withstand outdoor environments and sealed from the elements. Displays to provide up to date bus arrival information from the agency's Google or other data feed. Must provide applicable software, manuals, setup, system maintenance and cellular for 5 years. Warranty to be proposed.
• E -paper or e -ink real time displays with outdoor -rated housing and mounting hardware for shelter -mounting or pole -mounting (portrait or flag orientation) if available may be proposed using the price and options work sheet. Solar -powered; solar power package additional. To include set-up, Content Management and technical support for five years; SIM card/ cellular data agency -supplied.
Proposer may also outline additional advertising kiosk, map case and schedule holder options, to be listed and priced in the pricing and options worksheet.
Supporting technical information and dimensions to be provided in the proposal.
All accepted and listed accessories may be acquired by Purchasing agencies as standalone items without the purchase of a bus shelter.
Exhibit 2 323
Optional Roof Styles
Using the price and options worksheet, proposer may offer radiused or angled flat roof style shelters as additional options. Must meet all previously stated requirements. Roof assembly shall include a single rear roof beam fabricated from a minimum 4.5" diameter multi -channel aluminum extruded tube. Technical specifications, drawings and certifications for these to accompany proposal.
SUBMITTALS FOR PROPOSAL
1 Manufacturer's product brochures and specifications for shelters and accessories offered.
2. Manufacturer's top level shelter design drawings. Include elevations and connection details, as necessary.
3. Stamped, signed and sealed structural engineering calculations.
4. Samples of shelter finish.
5. Manufacturer's shelter installation instructions.
6. Manufacturer's warranty documentation.
7. Buy America Documentation
8. Quality Assurance Certificate of Compliance
EXECUTION
A. SHIPPING AND STORAGE
1. Shelters are packaged and crated for delivery ion knockdown and unassembled condition.
2. Delivery and unloading requires pallet jack or forklift.
3. To the maximum extent possible, roofs and walls shall be assembled prior to shipping.
4. Store crated shelters in clean, dry, and level area and covered with waterproof, breathable tarpaulin.
5. Crates are not to be stacked.
6. Delivery items are not to be in direct contact with the sun or rain.
B. INSTALLATION
1. Manufacturer provides all necessary installation hardware.
2. Manufacturer provides complete detailed installation instructions.
3. Shelter installation shall be performed by manufacturer certified and qualified local installer.
4. Surface installation requires level concrete pad of appropriate size and thickness as specified by shelter design.
Exhibit 2 324
C. MAINTENANCE
1. Shelters shall be cleaned routinely with wet sponge or non-abrasive cloth using mild household detergents and rinsed with water. Light power washing may be used to remove dust and dirt from finish surfaces.
2. No solvents are to be used in cleaning of shelters.
Exhibit 2 325
RFP 21-01
TOLAR
MANUFACTURING
Tolar Manufacturing Company
258 Mariah Circle
Corona, CA 92879
1-800-339-6165
Tolarmfg.com
Bus Shelters and Accessories
Morongo Basin Transit Authority
CALACT
July 16, 2021
Exhibit 2
326
THE TOLAR DIFFERENCE - OUR MISSION 2
TOLAR BACKGROUND 2
TOLAR QUALITY ASSURANCE PROGRAM 2
TOLAR KEY PERSONNEL 3
TOLAR DESIGN AND PRODUCTION 5
TOLAR FINISH AND DURABILITY 10
TOLAR SOLAR LIGHTING 12
TOLAR QUALITY ASSURANCE 16
TOLAR SERVICE AND SUPPORT 17
TOLAR REFERENCES 18
TOLAR WORK PLAN 20
TOLAR TECHNICAL SPECIFICATIONS 23
APPENDIX A: UPDATE AS NEEDED 23
APPENDIX B: UPDATE AS NEEDED 24
APPENDIX C: UPDATE AS NEEDED 24
Exhibit 2
1 TOLAR
M A NU FOrI UB I R C
THE TOLAR DIFFERENCE OUR ISSION
Tolar Manufacturing Company, Inc. (Tolar) has been delivering uniquely designed, quality -built products on time and on budget for the last 30 years. This doesn't happen by accident. It's the result of our company's commitment to listening with the goal of understanding our client's vision and specific needs. We listen intently, explore creatively, and execute purposefully. Working with Tolar means you receive purpose -driven design, top-notch materials, standardized fabrication processes and end -to -end quality control unmatched in the bus shelter and outdoor furnishings industry.
As a recognized leader in our industry, the Tolar team understands that product knowledge, professional talent, hard work and a dedication to serve our clients are the essential elements required to successfully bring a project from concept to reality. In short, we create outdoor structures of durability and distinction that reflect the character of your community.
TOLAR BACKGROUND
In 1991, Gary Tolar established Tolar Manufacturing Company, Inc. (Tolar). On the heels of his success as a senior executive in the metal fabrication industry, Gary was determined to make and market a range of durable and distinctive transit shelters and related street furniture for North American based communities. His new company rapidly won a number of contracts with transit authorities and outdoor advertising companies in Southern California. Tolar quickly established a reputation for quality workmanship and uncompromising customer service. From Tolar Manufacturing's first contract to our latest innovative Bus Rapid Transit (BRT) and Solar projects, the company has grown steadily over the last 30 years earning a reputation for consistently high quality and high client confidence in our craftsmanship and made in the USA materials.
TOLAR QUALITY ASSURANCE PROGRA
Tolar's Quality Assurance Program ensures we meet and exceed our client's expectations — every time. Directed by our Quality Control Manager who reports directly to the company President, our QA Program guides daily workflow within all company departments and is audited annually by outside consultants to document program compliance for both the company and our clients. This annual audit verifies compliance with our Clark County (NV) certification, one of the most respected certifications in the country, which we've held for six consecutive years. Tolar documents compliance with each order executing a Certificate of Compliance which is provided directly to our customer. Our full Quality Assurance Program is documented later in this response under the heading, "Total Quality Assurance."
Exhibit 2
328 2
TOLAR
M A NU FOrI UB I R C
TOLAR KEY PERSONNEL
Gary Tolar - President
Gary began his career in the fabrication business in 1970 as an American Welding Society (AWS) certified welder for
Century Plastics. Over the next several years, he expanded his knowledge of the fabrication industry to include the
operation of fabrication machinery, reading blueprints and architectural drawings, and purchasing. Gary eventually became Vice President of Manufacturing for a major
Southern California fabricator. As the founder Tolar
Manufacturing Company, Inc., Gary maintains executive
management of all company functions, including customer service, quality control, operations, finance, sales,
purchasing, engineering, and human resources.
Patrick Merrick - Executive Vice -President
Patrick joined Tolar in 2001, bringing with him a diverse resume including four years in public transportation
marketing and passenger amenities. His experience working with nonprofits that collaborate with public agencies and 15 years in retail management paired with his long-term tenure at Tolar, has allowed Patrick to develop an in-depth
understanding of the manufacturing process and a thorough knowledge of the transit industry. Patrick anticipates the needs of clients through open listening and communicates their vision in a clear manner to all Tolar departments. Patrick is responsible for the sales, marketing, customer service and product development functions of the company, and he
maintains OEM relationships. Patrick will be the project manger should Tolar Manufacturing be awarded this solicitation Exhibit 2
329 3
TOLAR
NI A AAI II O I !i
George Golden — CPA/Controller
George joined Tolar in 2013 and is a Certified Public Accountant (CPA) with over 30 years' experience in financial management.
For the past 14 years, George has been Controller/Chief Financial Officer for companies in the automotive and collection industry. George holds a Bachelor of Science degree in Business Administration with emphasis in accounting, and currently oversees all financial responsibilities for Tolar, including the accounting, purchasing, document control, Human Resources and IT portions of the company.
Scott Williams - Business Development Mana;er
Scott joined Tolar in 2015, providing clients with his extensive transit and public procurement expertise. Prior to joining Tolar, Scott served as Vice President for Business Development at Keolis Transit America where he developed long term customer relationships, managed the public procurement compliance process, and implemented solutions for transit agencies across the United States. His experience providing proactive and responsive service helps Tolar public agency clients achieve a positive public image through the purchase, design, and production of transit shelters and passenger amenities. Scott is responsible for sales and project management for new and existing Tolar clients in the transit and public agency marketplace.
Gabriel Guzman - Production Manager
Gabriel jointed Tolar in 2001, rising through the company to reach his current position as Production Manager with over ten years fabrication experience. Gabriel leads and trains a team of AWS certified welders, sheet metal workers, fabricators, material handlers, assembly workers and quality control staff.
Gabriel is responsible for all activities on the production floor including manufacturing quality products that exceed client expectations, while overseeing on -time shipping, safety and workplace compliance.
Exhibit 2
330 4
TC LAR
M A NU FOrI UB I R C
EIi Meza - Engineering Manager
EIi joined Tolar in 2007 as our lead designer. Eli's previous experience includes 15 years in the automotive industry designing and manufacturing aftermarket parts. His vast architectural background contributed to Tolar earning the prestigious, internationally acclaimed Autodesk Inventor of the Month award in 2012 for Tolar's use of Inventor, Vault, Publisher and other CAD tools in our purpose driven designs.
With a wealth of knowledge and experience in engineering systems and design, EIi has led teams earning lean
manufacturing system improvement, ISO, and AS9100
certifications. EIi leads a seven -person team responsible for R&D, design, production drawings and work orders based on customer specifications.
David Van Eyk — Quality Control Manager
David joined Tolar in 2019, bringing over 10 years managing quality control programs with an emphasis in sheet metal and welding within AS9100 certified manufacturing facilities. A former aircraft structural mechanic repairing planes as a United States Marine during the Vietnam War, David ensures all departments adhere to the company's Quality Controls Manual.
He is responsible for maintaining Tolar's rigorous Clark County Fabricator certification, building and strengthening
relationships with outside consultants and auditors, and leads quality inspections, control, and routine training. Ensuring compliance of all departments with the Tolar Quality Systems Manual, David reports directly to company president Gary Tolar.
TOLAR DESIGN AND PRODUCTION
For more than 30 years, Tolar has developed hundreds of transit amenity solutions for transit agencies, municipalities, commercial and private companies as well as the Federal Government.
While we do provide a variety of standard offerings, our products are designed in a manner that allows for multiple configurations and custom designed features. Rather than "off the shelf" products, our standard designs allow our team to develop and produce shelters and amenities unique to each environment and purpose, with features that integrate into a community and streetscape. This purpose driven approach empowers communities to implement transit solutions that are distinctive and enhance the experience for passengers and the neighborhoods in which they are placed.
Exhibit 2
331 5
TC LAR
M A NU FOrI UB I R C
Design Process
To begin the design process, our experienced sales
representative consults with each client to
determine factors that dictate your transit solution.
Input for this discussion may include:
• Site limitations
• ADA requirements
• Environmental and social factors
• Aesthetic preferences & style
• Function
• Branding elements
• Security
• Advertising potential
• Technology requirements
• Information displays
• Waste disposal
• Comfort & Safety of passengers
• Maintenance requirements
• Ease of installation
• Parts replacement
• Integration into existing transit
environment and community
• Existing budget for amenities
• Future goals of transit
Once the above considerations have been addressed, the sales representative collaborates with the engineering team to provide the best, most suitable solution for the client. The engineering staff works to design products that not only meet the criteria as listed above, but importantly address local building code and safety requirements, such as seismic and wind load specifications.
Branding is a major concern for many of our transit clients, and we recognize the importance of factors like logo placement and color selection in design. Tolar works collaboratively with our clients to arrive at the best branding solution to create a Sense of PlaceTM within the community while ensuring the branding functions well for passengers and operators for highest visibility and awareness. Some of our branding solutions include logo placement within the roof design or on the fascia, custom glazing treatments incorporating silk screened or etched graphics into walls or end panels, custom designed decals applied to the shelter, water jet logos and print on perforated material on various amenities.
Our modular approach to design ensures a consistent and overall reduced kit of parts where roof and glazing panels are sized as equally as possible and like parts are interchangeable. In addition, the proprietary custom extrusions developed by Tolar simplify our products by eliminating the need for additional parts while enabling improved function. Our designs incorporate ease of installation, maintenance, and parts replacement, ensuring an attractive, durable, cost effective and practical transit shelter solution.
Exhibit 2
332 6
TOLAR
NI A NLIFA CYII AI N L
Design Approval
Our team is experienced at consensus building throughout the design and approval process, a critical element of which is investing time with stakeholders to ensure our shelters reflect the character of your community. Following design consensus, a submittal package. is then delivered for client evaluation. Any changes to design, as requested by the client, are noted and brought to the immediate attention of the engineering team for revision. Follow up drawings are then prepared and submitted to the client for final review and approval. Upon approval, and when order authorization is obtained, the project is entered into our central information system for consistent tracking by all departments. Engineering staff then prepares a production drawing package for the specific project, which is reviewed with the Production Manager, and when approved, the order is released for manufacturing.
Engineering
Tolar designs are engineered to meet all required building codes for the jurisdiction in which they are installed. Where required Tolar retains the services of qualified engineers for all 50 states, ensuring that each final drawing package includes stamped and sealed engineering calculations for submittal and approval for installation by local building officials.
Fabrication
The purchasing department first procures raw materials and other items with long lead times and works collectively with the engineering team on the balance of material procurement to ensure on -time delivery for fabrication. Our Quality Control Manager inspects all materials for defects upon receipt and, if necessary, administers any corrective actions required.
One of the attributes that separates Tolar from other fabricators is our commitment to purpose driven design. Careful attention is given to the function of a particular component rather than simply utilize standard tubing, angles and flat bars. We have made considerable investment into the development of specially engineered aluminum extrusions that incorporate functional shapes to achieve particular functions, minimizing the number of parts required and eliminating excessive fasteners. As a bonus, fewer parts simplify installation.
The aluminum extrusions, which form the core structure
of our shelter designs, are custom designed proprietary extrusions, pressed specifically for Tolar through our own engineered dies by one of several certified extruders. Spot checks are performed during the receiving process to
ensure compliance with our exacting specifications.
Exhibit 2
333 7
TOLAR
NI A NLIFA CYII AI N L
The majority of fabrication procedures required to build our transit shelters and passenger amenities, such as cutting materials to finish length, bending and forming material to finish shape, drilling and boring, welding procedures, and finish processes such as grinding and sanding, are performed by skilled fabricators on our shop floor in Corona, CA. This includes water jet cutting various materials and parts. All welding is performed by AWS Certified welders within our facility.
No welding is required or performed in the field or on the jobsite. The remaining fabrication processes used to produce some Tolar products, such as laser cutting, etc., are performed by highly qualified sub -contractors who specialize in specific production processes and adhere to our high -quality standards.
During fabrication, the department supervisors and the Quality Assurance Manager certify all prototypes and first articles, and depending on the part, they audit the particular process against the engineered drawings to ensure compliance. Quality assurance inspections continue regularly throughout the manufacturing, finish and crating process prior to final shipment. Components are checked for fit and finish by production staff during the fabrication phase to ensure the products provided meet the specifications and expectations of our customer.
Shipping & Delivery
Established storage and handling guidelines have been created and are followed for all Tolar products to ensure optimal performance and safe handling of transit shelters, amenities, solar products and more. These guidelines help to protect Tolar products while in storage, during shipment or transport to installation site, and on site prior to installation. Products are typically delivered to the address pre -determined by contract or purchase order documents. Shipping is typically performed by flatbed trailer and may be accomplished by using van or other trucking methods in particular situations.
Most Tolar products are shipped in knock down fashion neatly packaged and protected in crates and stacked carefully to optimize shipping and reduce the need for storage when delivered. As an alternative, and when requested, we also ship in kit form whereby the products are modularly assembled and packaged in crates using methods of nesting materials and, once again, optimizing space to the greatest extent possible. All Tolar shelters and street furniture are shipped with all necessary hardware and complete illustrated instructions for ease of installation. Hardware is bagged or boxed individually per each unit shipped for easy installation.
Exhibit 2
334 8
TOLAR
NI A NLIFA CYII AI N L
Handling and Storage
Tolar works closely with our clients to ensure the finished product is properly packaged and delivered to the specified delivery location. Handling and storage of these typically very large crates is a matter of extreme caution. Our team ensures that our clients are prepared with proper instructions and a clear understanding of the resources needed for truck offloading, movement, and storage. Properly rated equipment, such as a forklift is critical, as are the tools and means used to safely open crates and boxes so as not to damage the product within.. When storage is necessary for a future installation date, we recommend dry and level storage, with no vertical stacking of crates, and a waterproof, breathable tarpaulin cover, to ensure structural integrity and material longevity.
Installation
Upon client receipt and approval of shipment, our sales and engineering staff work in tandem with the client to ensure complete understanding of the products provided as well as the intended installation steps necessary for implementation. As the transit amenities are installed, our customer service team is available by phone and email for any assistance that may be required.
Production Schedule
The table below represents the typical schedule for production of a Tolar transit shelter. Actual production schedules generally follow this outline, with adjustments made for specific quantities or client requirements.
Week 1 Administration
Project review and clarifications. Order placed
by client and processed internally by Tolar sales
and staff.
Week 2 -5 Design & Approval
Week 6 —
(11-15)
Production
Complete design drawings. Obtain final drawing
and engineering approval. Complete production
documentation, work orders, and system
programming.
Receive materials, manufacture, and prepare
shipment.
Week 12-16 Shipping/Delivery
Ship to destination and coordinate receipt and
storage with client.
Exhibit 2
335 9
TOLAR
NI A NLIFA CYII AI N L
TOLAR FINISH AND DURABILITY
Tolar products are powder coated with a durable baked
enamel finish. A wide range of powder coat finish colors is available using the printed RAL color deck, and custom match finish colors are also available to meet specific client needs. In addition to the approved drawings, after selection of the finish powder coat color(s), two samples of the actual powder coat finish on sample strips are submitted for final customer approval. This ensures customer acceptance of the color, gloss and texture.
Powder Coat Process
The finish process involves a series of production steps that starts with cleaning and sandblasting the material which prepares the metal surface to receive a finish. The powder coat finish is applied and followed by a topcoat application for durability. Tolar outsources the finish process to highly qualified specialists to complete the finish and performs pre -delivery and receipt inspections of each part to ensure the final finish meets our quality standards.
Tolar Finish Quality
To ensure compliance with our quality standards, we monitor and document the finish quality of each production run using a minimum of four sample parts. These parts are tested according to American Society for Testing and Materials (ASTM) D3359-02, the industry standard for coating finish adhesion also known as the ASTM Standard Test Method for Measuring Adhesion by Tape.
This method tests the adhesion of powder coating films to metallic surfaces by applying and removing adhesive tape over cuts made in the coating to determine how well the coating resists scratching and lifting of the finish to avoid rust or corrosion of the material.
Exhibit 2
336 10
TOLAR
NI A NLIFA CYII AI N L
In addition, the finished parts are tested according to ASTM D4752-10 also known as the ASTM Standard Test
Method for Measuring MEK Resistance of Ethyl Silicate
(Inorganic) Zinc -Rich Primers by Solvent Rub. This method tests the finish for resistance to chemical solvents. The test is used to ensure that finished surfaces are resistant to graffiti and other damage caused by exposure to
solvents. Both ASTM tests help to ensure our products
remain functional and maintain a positive appearance in the community over their lifetime. All powder coated
parts are inspected for quality and uniformity of finish prior to assembly and shipment. Tolar assumes no
responsibility for nicks, cuts, scratches or any other damage to powder coated parts that are caused by normal wear and tear, abusive use, or improper cleaning. Finish quality testing helps to ensure our products have a long lasting, highly durable, and attractive finish that will improve the streetscape and passenger experience for transit riders for years to come.
Tolar Cleaning & Maintenance Recommendations
Powder coating is one of the most durable and adaptable surface finishes available for metal components. Like all quality finishes, it requires routine care to maintain its durability and "like new" look. To combat the effects of ultraviolet light, pollution, dirt, grime and salt deposits which can accumulate over time on the powder coated surface, and to extend the effective life of the finish, a very simple regular maintenance program should be implemented to care for your shelters solar solutions and related amenities.
As a general rule, cleaning should occur every six months.
However, in areas where pollutants are more prevalent,
especially in coastal or industrial regions, a cleaning program should be carried out on a more frequent basis (Le. every three months). The recommended method for cleaning
powder coated finishes is washing with soap, water and a soft cloth, sponge or extra soft bristle brush. Solvents, such as acetone, contact cleaners, Dulon Thinners or Methyl Ethyl Ketone (MEK), should never be used to clean powder coated finishes. These solvents are very damaging to powder coat and will soften and/or dissolve the surface of the coating, diminishing its shine and durability, or removing the finish altogether. For this reason, Tolar does not guarantee its finishes with the use of any solvents other than soap and water.
Exhibit 2
337 11
Sustainability, and preserving the environment, is an integral part of the Tolar commitment to being socially responsible and making an overall contribution to quality of life for transit agencies, transit riders, and the clients we mutually serve. Tolar has made sustainability a strategic business objective and as a result has become more efficient at utilizing resources for the greater environmental good. We are deeply committed to continuous process improvement, putting actions in place that promote continual improvement of our environmental and economic sustainability processes.
Sustainable Manufacturing
A major focus of our sustainability efforts is on implementing manufacturing processes and procedures that reduce the use of material resources, processing times, and consumable products. From material acquisition through product delivery, our focus is a reduction in wasted time and materials, and reduced resource consumption. A list of sustainable practices we currently utilize are noted below. Policies and procedures are continually updated and added as sustainability practices and process improvements are identified. • Recycled content is specified for all steel and aluminum raw materials through our purchasing department. Actual recycled content varies based on the specific type of material and mill source.
• Engineering and production staff are incentivized to identify and source raw materials in sizes that maximize the yield of parts and reduces the amount of "drop" (unused material), thereby reducing the amount of raw materials consumed in production. • Remaining drop material is utilized in production of other parts (rather than new material) so raw materials are re -used as much as possible. Remaining drops of un-used raw material are recycled through standard commercial processing, and become part of the recycled material content in our supply chain.
• Production machinery such as compressors, etc. are operated via timers to avoid excess electrical power consumption.
• Exterior and interior production and office lighting is converted to low draw LED fixtures, and is operated on electronic control timers in order to reduce electrical power consumption.
• Welding gasses are procured in bulk tank and delivered to welding stations via internal piping, thereby reducing the frequency of truck deliveries and reduced fuel consumption and fossil fuel emissions, as well as the number of individual high pressure storage tanks on site.
• Finish powder coating processing is performed at certified suppliers, ensuring minimal impact on environmental conditions, and providing a vastly reduced air quality impact as compared to other paint or anodizing finish processes.
Exhibit 2
12 • A comprehensive filtration system recirculates and re -uses abrasive material in our water jet cutting machine, reducing overall consumption of water and abrasive materials supplies. • Storm and wastewater runoff is collected via an in -ground clarifier and treated prior to discharge into the storm water runoff system, reducing contaminants in the local water table. • Plant operations works on a 4/10 weekly schedule, reducing utility usage and lowering our carbon footprint as resources are not consumed on off days. • Utilizing full truckload shipments for delivery of products to customers reduces fuel consumption, fossil fuel emissions and provides cost savings to end users.
Sustainable Products
In addition to sustainable manufacturing practices, our products are designed and utilized as sustainable products in a number of ways.
• Tolar products have an extremely long durable lifetime, with many of our products installed and functional for greater than 20 years, offering a sustainable value for clients. • Products are mainly comprised of recyclable materials, so that steel, aluminum, glass, and various plastic components are recyclable at the end of their life cycle. • Tolar emphasizes modular construction, so that individual components are replaceable, reducing the cost of overall maintenance, and reducing the consumption of materials. • A common kit of parts across shelter models of various sizes allows the re -use of identical parts across product designs and structures.
• With a common kit of parts and modular components, Tolar provides a simplified and reduced maintenance effort for our clients, with an overall reduction in frequency and duration of maintenance efforts.
• Our standard powder coat finish offers a reduced need for maintenance and a high standard for lifetime of use, reducing the frequency of re -finishing and lowering the production of harmful air quality emissions over the shelter lifetime. • Powder coating also reduces the need for cleaning, with standard power washing as the preferred method, which avoids the use of contaminating chemicals and other harmful solvents emitting into the air(?).
• Tolar offers robust solar powered lighting systems, providing clients with environmentally friendly and secure lighting, while reducing the carbon footprint of our transit partners by using clean solar energy production.
• Solar power systems utilize high -capacity battery storage and provides the ability to recycle batteries.
• Tolar also utilizes LED low draw electric lighting components in shelters that do not use solar powered lighting, which provides a dramatic reduction in electric power consumption and a reduced carbon footprint for our transit partners. • Reducing power consumption even further, Tolar provides automated lighting controls for all lighting systems, reducing the usage and improving the efficiency of lighting systems.
Exhibit 2
13 TOLAR
NI A NLIFA CYII AI N L
TOLAR SOLAR LIGH
ING
Tolar works extensively with Urban Solar Corporation (USC) in the design and fabrication of hundreds of solar powered lighting applications across the country to offer illumination solutions that provide reliable, dawn -to -dusk lighting for users of outdoor shelters during nighttime hours.
Both Tolar and USC understand the important role passenger amenities play in the success of any transit service, as well as the critical role that passenger amenities play in creating a safe and attractive passenger environment. Tolar helps our clients meet these expectations for passenger safety and convenience by providing high quality, reliable UL Listed solar lighting solutions for our transit shelters. To achieve this, we discuss each project and collectively develop a product that best addresses all the key elements of a solar lighting solution:
• Underwriters Laboratory (UL) compliance and certification to ensure safe operation • Geographic location and local environmental conditions • Light level, system run time, autonomy and sizing requirements • Integration of the solar elements into and shelter design • 100% Buy America compliance with solar fabrication in Beaverton, OR Solar Lighting System Design
To achieve optimum operation of solar lighting systems, critical factors such as sun exposure, weather, site specific conditions, and even geographic location must be considered. For that reason, we do not take a "one size fits all" approach to solar system sizing. Instead, we use over 20 years of NASA data to determine the needs for your specific geographic area. The amount of sun exposure in the United States varies widely from East to West as well as from North to South.
Using detailed information from NASA documenting the length of sun exposure for each month of the year, typical weather, and the duration of night, we design a solar lighting system specifically for any location in the U.S. The resulting final product is designed for optimum operation during the most challenging months of the year (the longest run times and shortest charge times), while also providing for an average of five to seven days of continuous operation with no sun exposure at all. This approach allows us to design a system for optimum operation during the most challenging months of the year for your specific geographic area.
Tolar systems utilize a low -profile light assembly.
Mounted to the inside of the shelter's ceiling, this
assembly houses the batteries, charge controller and
the LED lights themselves. The assembly is engineered
as an integral part of the shelter structure, making it highly vandal resistant. We offer a completely UL Listed system with bright, white LED lighting in a modular
design that integrates seamlessly with the shelter so
that passengers can benefit from a safer, more secure
Exhibit 2
340 14
environment. Loitering is discouraged and transit drivers are better able to identify riders waiting in a well -lit shelter. At the same time, illumination can be provided at desired locations without the expense and potential construction challenges of trenching and installation of meters, but perhaps the greatest benefit is providing shelter lighting without the utility bills that that come with conventional lighting.
Solar Lighting Safety
Passenger safety is a key rating on many ridership surveys, and both Tolar and Urban Solar Corporation are committed to transit passenger safety. It is for this reason we design reliable systems that meet the level of safety and quality only Underwrites Laboratory (UL) certification can guarantee. Tolar is a UL compliant manufacturer subject to quarterly on -site UL inspection, assuring all UL testing and safety requirements are fulfilled. UL certification is a critical consideration for transit agencies, as it provides for the following benefits:
• UL is a Nationally Recognized Testing Laboratory (NRTL) listed by OSHA - https://www.osha.gov/dts/otpca/nrtl/
• UL is recognized under National Electrical Code (NEC) Article 690 as the approved safety standard
• UL tests and assures the highest level of safety compliance with National Fire Protection Association (NFPA) - http://www.nfpa.org/
• Systems are designed to ensure all components are properly sized and rated for optimum operation
• High quality components are thoroughly tested to guarantee performance and reliability • UL protects the customer from liability of safety testing • If non -UL systems are installed, all safety liability and associated testing costs fall on the customer
• UL certified systems must be installed in compliance with the manufacturer's instructions, ensuring highest levels of safety
• NEC requires detailed electrical diagrams which require technical expertise to assure safety
• Fully UL certified systems undergo the highest levels of stress testing to ensure fire resistance and safety
Solar Lighting Product Specifications
We invite you to review the technical information contained in our proposal. Within the document, we outline the following:
• Sizing approach specifically for MBTA including system autonomy and load levels • Explanation of the science behind our energy control module (controller) • Explanation of the science behind our battery choice and its role in system reliability Exhibit 2
15 TOLAR
NI A NLIFA CYII AI N L
• Description and illustration of our proposed lighting fixture and housing • Light level information
• Solar warranty statement
• UL documentation
TOLAR QUALI
Y ASSURANCE
The Tolar design and fabrication process operates as a Clark County Approved Fabricator for structural steel, aluminum and stainless steel, a certification obtained and approved by the Clark County (Nevada) Department of Development Services — Building Division. The Tolar Quality Systems Manual (QSM) ensures compliance with local building codes and that fabrication meets International Accreditation Service (IAS) and American Institute of Steel Construction (AISC) standards. This certified quality assurance program outlines the quality assurance and quality control processes within Tolar, and its ability to support all materials, welding and fabrication processes within its production facility, including all material suppliers, vendors and third parties.
Tolar's reputation has been built on the foundation of
top quality and service. Only first -grade materials and processes are used. A rigorous quality assurance process monitors the design, fabrication and finish of our
products to ensure that Tolar shelters will keep their
"new" appearance with a minimum of maintenance for
many years.
Tolar Quality Systems Manual (QSM
The heart of the Tolar quality control process is the
Quality Systems Manual (QSM). This detailed document
outlines both the specific processes and responsible parties required to maintain quality production throughout the fabrication process. Beyond the processes and people, the third component of the quality control process is accurate and accessible documentation of the entire fabrication process from design to shipping, in order to facilitate project reviews and ensure non- compliant parts or processes are addressed quickly and efficiently before they have a chance to impact a final product. The process is supported by each department in the company, and is led by the Quality Control Manager, with responsibility to ensure QSM compliance companywide and the authority to implement pro -active process improvements.
Upon completion of manufacturing for a project, at the time of final inspection for assembly and quality control release, the sales department verifies project completion meets our quality standards and completes the SWOT sign off process. Only at this point, Tolar issues our Certificate of Compliance to the project owner stating that the completed product(s) meets the requirements of the approved contract specifications, specifically certifying that all purchase/work Exhibit 2
342 16
TOLAR
NI A NLIFA CYII AI N L
order requirements, materials, workmanship and services supplied on the project were purchased, fabricated, manufactured and shipped in strict accordance with the requirements of the approved construction documents, International Building Codes, applicable local building codes and the Tolar Quality Systems Manual.
TOLAR SERVICE AND SUPPORT
Installation Support
The Tolar sales and engineering staff support our customers through the installation phase of each project. We have working relationships with many construction companies and installation contractors throughout the U.S., who are available to answer questions and resolve issues as they arise. Using a "train the trainer" method, as necessary for each project Tolar staff provides the training support and oversight required to assist clients to properly install our shelters and amenities. (use customer service email, phone and toll free number) In addition, technical support and assistance is available from our engineering and production teams at any time in the process through easy to reach toll -free telephone and email.
Parts
Tolar designs and builds shelter and transit amenity systems with ease of installation, beauty, function and durability in mind. Should parts be required during the life of our products we certify availability of these parts for a minimum period of ten years from the date of purchase.
Tolar Lifetime Structural Warranty
Tolar warrants its products and materials, when properly assembled and installed, to be free from defects in materials and workmanship, when under normal use and service, for the expected lifetime of the product. A copy of the formal Tolar Lifetime Structural Warranty is included for your review as an attachment to this proposal.
Tolar Buy America Compliance
Tolar operates from a modern, 53,000 square -foot,
company owned fabrication facility in Corona, California.
From this state-of-the-art facility, our 49 person team designs, develops and fabricates attractive, durable and practical transit shelters, street furniture and related passenger amenities. Tolar products are manufactured in the USA by skilled tradesmen utilizing 100% U.S. made
materials. As a result, where required, Tolar products are 100% "Buy America" compliant and certified to meet 49
U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States.
Exhibit 2
343 17
TOLAR
NI A NLIFA CYII AI N L
Tolar ADA Compliance
Tolar ensures that our designs include features that promote use by all members of the public and are in complete compliance with ADA requirements. Designs and approved drawings include documentation of ADA mandated passenger seating and maneuverability spaces, to ensure that all riders are able to access passenger amenities when properly installed.
TOLAR REFERENCES
Within the forms section of our response, we have submitted four references that we feel best match the requirements for this project. Tolar has produced thousands of transit shelters with unique designs, styles, and branding for hundreds of clients throughout the United States and North America since our inception 30 years ago. Additional references are available upon request.
Project Type:
Project
Description:
Project Type:
Project
Description:
Agency:
Location:
Contact:
Title:
Email:
Phone:
Jacksonville Transit Authority
Jacksonville, FL
Andrew Rodgers
AVP-Construction and Engineering
acrodgers@"tafla.com
904-633-8537
Design and Fabrication with installation by local Tolar certified contractor Though the prime installation contractor, Tolar designed and fabricated custom branded transit shelters and trash receptacles, map cases, benches and solar lighting for their bus routes.
Agency:
Location:
Contact:
Title:
Email:
Phone:
Metropolitan Transit System(MTS)
San Diego, CA
Rob Schupp
Dir of Marketing
[email protected]
619- 557-4511
Design and Fabrication with installation by local Tolar certified contractor In 2016 Tolar was awarded a 5 year contract to provide up to 600 solar powered transit shelters and related amenities in a weighted RFP process.
There are four main shelter designs. Two models contain a media display kiosk and two do not. All incorporate the agency's branding.
Exhibit 2
344 18
TOLAR
NI A NLIFA CYII AI N L
Agency:
Location:
Contact:
Title:
Email:
Central Florida Regional Transportation
Authority
Orlando, FL
Jeff Reine
Capital Planning Manager
[email protected]
Phone: 407-254-6046
Project Type: Design and Fabrication with installation by local Tolar certified contractor Following a long evaluation and rigorous qualification by both LYNX and their stakeholders, Tolar was adding a multi -year RFP to fabricate 4 unique transit shelter designs, with and without advertising kiosks and powered by solar. Tolar is supplying transit shelters, benches, trash receptacles and PV illumination units for the project.
Project
Description:
Project Type:
Project
Description:
Agency:
Location:
Contact:
Title:
Email:
Phone:
Dallas Area Rapid Transit (DART)
Dallas, TX
Jennifer Jones
Sr. Manager Mobility Programs-
[email protected]
214-749-2938
Design and Fabrication with installation by local Tolar certified contractor We were recently awarded our third multi -year contract. The value is slightly over $4M. The scope of the contract calls for Tolar to install new street shelters and related accessories including both shelter and post solar security lighting. Additionally, we are tasked with fabricating and installing Enhanced Transit Shelters which include media information kiosks, real time information and cameras all powered by solar and featuring an enhanced energy control module that allows live monitoring of the power bank.
Lastly, we are tasked with designing and developing, in concert with DART staff and community stakeholders, DART's Next Generation Shelters.
Additional information about Tolar projects can be obtained at:
www.tolarmfg.com
Exhibit 2
345 19
Our work plan is collaborative. We work directly with you to understand your needs and your vision for the project. We then take the lead to deliver the results you expect. Sample projects similar to the scope of work we have outlined below are provided for your review in Appendix X of this proposal. These "Projects of Distinction" show the results of our collaborative approach and how we consistently exceed client goals by developing a transit amenity solution that accomplishes:
• A solution that meets budget goals
• A design that is distinctive for the area
• A durable product
• A reduced kit of parts that simplifies maintenance
• Ease of installation
• Comfort and style for the agency and patrons
• A solution that meets and exceeds the expectations of our valued clients Our typical work plan for your project is outlined below:
1. Initial Approach
a. Assess goals and evaluate existing amenities
i. Meet and discuss with agency personnel and planners the pertinent goals the Agency wishes to accomplish in the administration of the shelter design contract.
ii. Review the relevant documentation
1. Agency marketing plans or reports
2. Agency specific plans or reports
3. City/County plans or reports
iii. If available, obtain drawings and information of previous shelter designs implemented in the area for evaluation
b. Area review
i. Discuss with Agency staff any areas in the community they feel might require special conditions given any proposed design and or material
1. Special developments or an area of particular interest requiring a particular style or design
a. Historic Districts
b. Areas of redevelopment
c. High traffic zones
d. Campus or shopping malls
Exhibit 2
20 e. Areas prone to vandalism
ii. Using site and transit information provided by Agency staff, evaluate proposed stops to determine optimum shelter sizes required to accommodate patrons
iii. Evaluate prominent local architectural features in the area for design considerations
c. Branding
i. Evaluate current branding of the transit agency in the area ii. Discuss with the Agency their current branding initiatives and goals for the future
d. Previous amenities
i. Discuss with Agency the previous amenities placed throughout the area and any issues that might have developed through regular use and maintenance
ii Evaluate possible solutions to previous issues
2. Design Collaboration- Phase 1
a. Review of existing transit shelter and amenity designs i. Review existing shelter drawings provided by Tolar with agency to identify specific features desired for future use
ii. Review existing designs for amenities provided by Tolar with agency to identify specific features desired for future use
1. Bench
2. Advertising panels
3. Map case display
4. Solar lighting
a. For advertising panel
b. For security light
c. For both of the above
5. Integration of branding logo
6. Waste receptacle
7. Bike rack
8. Brackets for integration of future digital displays
b. Discuss features of Tolar amenity designs and determine those desirable to the Agency
i. Identify standard components that may be utilized as a base of design c. Discuss available options for customization and distinction i. Material
Exhibit 2
21 ii. Branding
iii. Decorative elements
iv. Finish and color
v. Architectural features
vi. Graphics applications
vii. Signage
d. Materials
i. Discuss various materials that might provide the greatest benefit given the area, climate and application
1. Roof
2. Glazing
3. Extrusions
3. Design Collaboration- Phase 2
a. Begin design of shelter and amenities package
i. Indicate all dimensions, materials, fasteners and other relevant information
ii. Indicate required concrete pad size, thickness and density iii. Provide information for the types of anchors used for installation of the shelter base feet
iv. Provide plan, sides, front and rear elevation views
4. Propose initial Design
a. Review major design considerations
b. Discuss any possible impact given certain shelter locations c. Review and material changes possible for special locations d. Review modular design and kit of parts for structure and amenities e. Review available color choices and optional features f. Collect comments and changes (if any) as requested by Agency staff g. Incorporate stakeholder review and input into design considerations
5. Design corrections
a. Implement design notes from review
b. Finalize design and supply additional copies as needed for secondary review
6. Secondary Design Submittal
a. Review changes
b. Discuss potential challenges or issues final design might propose (if any) c. Collect comments and changes (if any) as requested by Agency staff and stakeholders
Exhibit 2
22 7. Final Design (following preliminary drawing approval) a. Design
i. Create full shop drawings inclusive of section details and materials legend b. Costs
i. Create bill of materials for shelter and amenities
ii. Create an estimate for materials
iii. Create an estimate for labor
iv. Create an estimate for installation labor
v. Create an estimate for replacement parts
c. Engineering
i. Obtain stamped calculations and engineered drawings for the final design
8. Submittal
a. Drawings
i. Provide wet stamped sets for agency records
b. Estimates
i. Provide comprehensive estimate for materials and labor
9. Manufacturing
10. Shipping & Receiving
11. Installation
12. Approval and Close Out
a. Address questions and or changes and finalize contract In Appendix C through F of this proposal, we have provided product specifications, descriptions, sample drawings with initial designs, and installation instructions for the various transit shelters and passenger amenities Tolar has proposed for your project. The various transit shelters and passenger amenities Tolar has selected to present are meant to show the variety of designs and options that are available for your project and the project stakeholders to create a unique and individual solution that enhances the passenger experience and improves the streetscape experience for your residents.
Exhibit 2
23 Exhibit 2
24 Attachment B, MBTA RFP 21-01 Shelter Price and Option Worksheet Unit Price
- Base
Shelter Pricing
Unit
Period
Delivery
Charge -
Per
Deliver,' Charges (See SP 7.1 for Zone definitions) Shelter 3 4
6 7
8 9
l0
Base Price 9'15090r
Base Price 13' shelter
Base Price 17' shelter
Base Price 21' shelter
'total Shelter Total
7595
8650
10125
11325
OPTIONAL FEATURES
Map Case (10076-00)
1 545
Advertising kiosk (flat back to back no electric) 8589-90 1 1225
Full end wall panels (per panel)
1 75
Wind Screen
1 795
3/8" clear tempered safety glass panel(in lieu of pert) 1 standard
3/8 clear Gamed (corn with UV (in lien of pert)
1 1850
Trash Receptacle (describe) 32 gallon Perf
1 775
Solar Light Delete (show credit)
1 -1650
Schedule holder (describe) II e 8 pole mount single face 1 198
Matching bike rack Inverted U Alum 14814 -Ill
1 263
Kit Assembly ly
1 N/A
Perforated metal panels (delete 'hole credit)
1 -915
Stop mounted securitylighting 20W
1 1440
Stop mounted securitylighting 42W
1 1795
Solar monitoring (cell l,c) 3 Ceara
1 1295
Solar bus inforration display I6' (Arrival Info)
1 7500
Solar bus information display 24' (Arrival Info)
1 7500
Angled Flat Roof Option 9'42047-00 (8')
1 11900
Angled Flat Roof Option 13' 42048-00 (12')
1 13270
Angled Flat Roof Option 17' 42040-00 (163
1 15100
Radiused Roof Option 9' 42047-00 (8')
1 12100
Radiused Roof Option 13'42048-01(12')
1 13570
Radiused Roof Option 17' 42049-01 ) (163
1 15500
Deleted
Deleted
Deleted
Mark "N/A" for unavailable options, "Standard" for Items with no additional charge Printed Name, Title: Patrick Merrick EVP
Signature:
Proposer to submit signed and electronic (Excel) copy
h. 9s/Cates
Drawings/Calcs
ingcCalcs
Drawings/Celts
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
'V Stop +-Excludes B' Stop Pole 36
PV Stop MAX -Excludes Bus Stop Pole 37
ncludes SL -2 -DC integration, monitoring and cell service 38 tiding 5 year data plan, CMS, online trainning and support including 5 year data plan, CMS, online trainning and support Drawings including technical information and calculations are included } Drawi„go including technical information and calculations are included Igs ncluding technical information and calculations are included 199 including technical information and calculations are included ncluding technical information and calculations are included a including technical information and calculations are included 8734
9948
11644
13024
1139
1298
Zone I (Charge per Shelter Quantities l-5)
Zone I (Charge per Shelter- Quantities 6- 10)
Zone I (Charge per Shelter - Quantities 100)
Zone 2 (Charge per Shelter —Quantities I —5)
Zone 2 (Charge per Shelter —Quantities 6 — 10)
Zone 2 (Charge per Shelter- Quantities 10
Zone 3 (Charge per Shelter - Quantities 1 -5)
Zone 3 (Charge per Shelter - Quantities 6 - 10)
Zone 3 (Charge per Shelter - Quantities 100)
Zone 4 (Charge per Shelter - Quantities I -5)
Zone 4 (Charge per Shelter - Quantities 6 - 10)
Zone 4 (Charge per Shelter - Quantities 10
Zone 5 (Charge per Shelter - Quantities 1 -5)
Zone 5 (Charge per Shelter - Quantities 6 - 10)
Zone5 (Charge per Shelter - Quantities 10+)
Reserved
Reserved
Amentia 13 1 Paper (1-9 )
4001110I3 EPaper (I0*units)
Amentia3 row LCD so, enclosure(1-9 'e)
A - ta3 row LCD / enclos rts)
Set p p (011C tulle)
Wireless Text to Speech (per unit)
600
215
90 600
295
175
1250
309
195
1350
390
229
1600
900
300
3 year hardware & battery warranty
• 3 year of CMS access, data, and operational fees (all units contain a universal SIM) • Shipping and associated charges included
• "" First unit must be purchased along with the one-time setup fee"" Exhibit 2
351
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 9.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: CONSIDERATION OF RESOLUTION AUTHORIZING THE INSTALLATION OF A DISABLED PERSON PARKING SPACE FRONTING 5942 PRIORY STREET DATE: September 9, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution authorizing the installation of 18 feet of blue curb disabled person parking fronting 5942 Priory Street; and
2. Rescind Resolution No. 2024-64.
BACKGROUND/DISCUSSION:
Staff received a request to install a disabled person parking space from the caretaker of a resident at 5942 Priory Street. The City has a policy to evaluate requests for disabled parking spaces on the City's streets.
The City's Traffic Engineer completed a site investigation of the location to confirm existing conditions of the site.
The site has adequate on -site parking to accommodate or facilitate on -site entry/exit of vehicles for disabled person access; however, it is currently assigned to another tenant per the rental arrangements. 5942 Priory Street is a local residential street with prima facia speed limit of 25 miles per hour. The street has some single-family homes with a majority of multi -family dwelling units on both sides of the street. As required by the City's policy, the vehicle in question, utilizing a disabled person placard issued by the State of California, is to be registered to the resident, who must reside at the property where the on -street disabled person parking space is being requested (Le., 5942 Priory Street).
On July 2, 2024, the Traffic and Safety Commission approved for City Council consideration the installation of the 18 feet of blue curb disabled person parking fronting 5942 Priory Street, with the caveat that the blue curb allows anyone to park in that space with a valid disabled person placard issued by the State.
CONCLUSION:
If the City Council adopts the attached resolution, Public Works will proceed with the installation of 18 feet of blue curb disabled person parking fronting 5942 Priory Street.
FISCAL IMPACT:
$250 for materials and labor from the Street Maintenance Account.
ATTACHMENTS:
352
Exhibit 1 - Resolution 2024-70
Exhibit 2 - Proposed Improvements
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2024-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ESTABLISHING PARKING
RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE
WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS
MUNICIPAL CODE AND RESCINDING AND SUPERSEDING
RESOLUTION NO. 2024-64
WHEREAS, the City Council desires to reaffirm and ratify and re-establish those parking restrictions presently in effect in the City of Bell Gardens as adopted by Resolution No. 2024-64; and
WHEREAS, the City Council desires to install 18 feet of disabled person parking (blue curb) restrictions fronting 5942 Priory Street as described in Section (V)(E)(10) of the Parking Restrictions which are attached and incorporated hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporated herein.
SECTION 2. Resolution No. 2024-64 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.
SECTION 3. The City Council hereby approves the Parking Restrictions attached and incorporated hereto as Exhibit "A."
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 354
Resolution 2024-70
PASSED, APPROVED, and ADOPTED this 9th, day of September, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 30
Daisy Gomez
City Clerk
Exhibit 1 355
Resolution 2024-70
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 30
Exhibit 1 356
Resolution 2024-70
EXHIBIT "A"
PARKING RESTRICTIONS
The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:
A. At all times (red curb).
The north side of Gage Avenue from a point eight hundred fifty-five (855) feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;
2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;
3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;
4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;
5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;
6. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;
7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;
9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;
10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof; 11 The south side of Suva Street between Loveland Street and Emil Avenue; 4 of 30
Exhibit 1 357
Resolution 2024-70
12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;
13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;
14. The south side of Clara Street between the west City limits and the south Clara Street service road;
15. The north side of Clara Street from the west City limits to the north Clara Street service road;
16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215) feet westerly thereof;
17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;
18. The north side of Gage Avenue from two hundred seventy (270) feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;
19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;
20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;
21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof;
22. The north and south sides of Gage Avenue from the west City limits to the service roads;
23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;
24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;
25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof; 5 of 30
Exhibit 1 358
Resolution 2024-70
26. The east side of Jaboneria Road from the prolongation of the north curb of Gag Avenue to a point fifty (50) feet northerly thereof;
27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200) feet southerly thereof;
28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;
29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;
30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue;
31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;
32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;
33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;
34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;
35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;
36. The north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;
38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof;
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Exhibit 1 359
Resolution 2024-70
39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;
40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;
41. The south side of Clara Street from a point one hundred seventy-two (172) feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;
42. The south side of Florence Avenue from a point one hundred seventy (170) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;
44. The south side of Florence Avenue from a point two hundred sixty-five (265) feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;
45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75) feet east of the prolongation of the east curb line of Toler Avenue;
46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;
47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;
48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;
49. The south side of Florence Avenue from a point one hundred twenty-five (125) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue; 7 of 30
Exhibit 1 360
Resolution 2024-70
50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of EI Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of EI Selinda Avenue;
51. The north side of Florence Avenue from a point one hundred sixty-five (165) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;
53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;
54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;
55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;
56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;
57. The north side of Florence Place from a point two hundred thirty (230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;
58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;
59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;
60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;
61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;
62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;
63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180) feet southerly thereof; 8 of 30
Exhibit 1 361
Resolution 2024-70
64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;
65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;
66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;
67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;
68. The south side of Quinn Avenue from Lynda Lane to a point twenty-five (25) feet east of the prolongation of the east curb of Lynda Lane;
69. The east side of Eastern Avenue between the points six hundred sixty-five (665) feet and seven hundred twenty-five (725) feet north of the prolongation of the north curb of Florence Avenue;
70. The east side of Garfield Avenue from a point three hundred twenty-five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;
71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;
72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;
73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;
74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;
75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;
76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;
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Exhibit 1 362
Resolution 2024-70
77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;
79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;
80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;
81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;
82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105) feet southerly thereof;
83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;
84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;
85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;
86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;
87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;
88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;
89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;
90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;
91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty- five (325) feet west of the prolongation of the west curb of Chalet Drive; Exhibit 1
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Resolution 2024-70
92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;
93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;
95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;
96. The east side of Garfield Avenue from a point four hundred (400) feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;
97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;
98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six (176) feet southerly thereof;
99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof; 100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy (270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889) feet east of the BCR at Jaboneria Road, twenty-five (25) feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
Exhibit 1
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364
Resolution 2024-70
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety (90) feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20) feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue;
110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20) feet northward on the west side of Emil Avenue; 111. The south side of Florence Avenue from a point one hundred forty (140) feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty- eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty-five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty-five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point five hundred sixty-two (562) feet southerly thereof; Exhibit 1
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Resolution 2024-70
116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point four hundred twenty-three (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three (423) feet east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three (523) feet easterly thereof;
119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty-eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven (487) feet from the east prolongation of Colmar Street to a point six hundred and one (601) feet easterly thereof. For a total of one hundred and fourteen (114) feet; 121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundred forty-three (143) feet easterly thereof;
122. The north side of Foster Bridge Blvd from a point twenty-five (25) feet west of the western prolongation of Priam Drive to a point fifty-five (55) feet westerly thereof; 123. The north side of Foster Bridge Blvd from a point one hundred ninety-three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty-one (241) feet westerly thereof;
124. The east side of Emil Avenue from a point twenty-six (26) feet of the southern prolongation of Otto Street to a point fifty-six (56) feet southerly thereof; 125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; 126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty (30) feet northerly thereof; 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point forty-one (41) feet southerly thereof; 128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point fifty (50) feet westerly thereof;
Exhibit 1
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366
Resolution 2024-70
129. The east side of Scout Avenue from a point five hundred twenty-two (522) feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty- two (562) feet northerly thereof;
130. The east side of Scout Avenue from a point six hundred and eight (608) feet north of the northerly prolongation of Florence Avenue to a point six hundred forty-eight (648) feet northerly thereof;
131. The west side of Scout Avenue from a point five hundred and sixty (560) feet south of the southern prolongation of Live Oak Street to a point of six hundred (600) feet southerly thereof;
132. The west side of Scout Avenue from a point six hundred thirty (630) feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650) feet southerly thereof;
133. The west side of Scout Avenue from a point seven hundred twenty-five (725) feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty-five (765) feet southerly thereof;
134. The west side of Scout Avenue from a point eight hundred (800) feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820) feet southerly thereof;
135. The south side of Foster Bridge Blvd from a point seven hundred and seventy- seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof;
136. The south side of Foster Bridge Blvd from a point eight hundred forty-six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty- nine (869) feet westerly thereof;
137. On the north side of Lubec Street from a point thirteen (13) feet east of the eastern prolongation of El Cortez Avenue, to a point fifty-three (53) feet easterly thereof; 138. On the north side of Suva Street from a point nine -hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof;
139. On the north side of Florence Place from a point two hundred and fifty-one (251) feet west of the west prolongation of Garfield Avenue to a point fifty-seven (57) feet westerly thereof;
140. On the north side of Agra Street from a point six hundred one (601) feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630) feet westerly thereof;
Exhibit 1
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367
Resolution 2024-70
141. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point one hundred twenty-seven (127) feet thereof; 142. On the south side of Watcher Street from a pointy thirty-five (35) feet from the easterly prolongation of Eastern Avenue to a point one -hundred twenty (120) feet easterly thereof;
143. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty-three (33) feet westerly thereof; 144. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty-eight (328) feet southerly thereof;
145. The north side of Live Oak Street a point ninety-nine (99) feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty-nine (129) feet westerly thereof;
146. The north side of Live Oak Street from a point two hundred twenty-nine (229) feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty-nine (259) feet westerly thereof;
147. The north side of Live Oak Street from a point three hundred seventy-one (371) feet west of the ending radius of Purdy Avenue to a point four hundred seventy- one (471) feet westerly thereof;
148. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
149. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
150. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
151. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
152. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10) feet northerly thereof;
153. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;
154. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;
Exhibit 1
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Resolution 2024-70
155. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty (560) feet southerly thereof;
156. The west side of Ira Avenue from a point three hundred seventy-one (371) feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety-one (391) feet southerly thereof;
157. The west side of Ira Avenue from a point twenty (20) feet south of the prolongation of the south curb of Priory Street to a point forty (40) feet southerly thereof; 158. The west side of Garfield Avenue from a point four hundred eight (408) feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460) feet southerly thereof;
159. The east side of Garfield Avenue from a point four hundred thirty-six (436) feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy-one (471) feet northerly thereof;
160. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec Street to a point seven hundred sixty six (766') feet southerly thereof;
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof; 162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof;
163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;
164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294) feet southerly thereof; 165. The south side of Florence Place from a point nine hundred thirty four (934) feet east of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty-six (966) feet easterly thereof;
166. The north side of Gotham Street from a point one thousand two hundred twenty- seven (1,227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty seven (1,247) feet westerly thereof; Exhibit 1
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Resolution 2024-70
167. The east side of Jaboneria Road from a point five hundred thirty-two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty-three (583) feet northerly thereof;
168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy-five (75) feet northerly thereof; 169. The north side of Florence Place from a point five hundred -thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred - fifty (550) feet westerly thereof;
170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof;
171. The west side of Eastern Avenue from a point four hundred and fifty (450) feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof;
172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty (330) feet northly thereof;
173. The east side of Eastern Avenue from a point thirty (30) feet from the prolongation of the north curb line of Priory Street to a point fifty (50) feet northerly thereof; 174. The east side of Jaboneria Road (6021 Florence Avenue) from a point one hundred fifty feet from the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
175. The south side of Gage Avenue from a point four hundred sixty-three (463) feet from the prolongation of the east curb line of Chalet Drive to a point four hundred seventy-four (474) feet easterly thereof;
176. The west side of Garfield Avenue from a point one thousand one hundred forty- three (1,143) feet from the prolongation of the south curb line of Florence Avenue to a point one thousand one hundred fifty-three (1,153) feet southerly thereof; and 177. The north side of Scout Avenue from a point four hundred thirty two (432') feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred thirty seven (537') feet westerly thereof.
B. Designated Hours:
The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern 17 of 30
Exhibit 1 370
Resolution 2024-70
Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;
2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
3. The north side of Clara Street, from a point two hundred fifty-five (255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
5. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
6. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas; and
7 The north side of Scout Avenue from a point four hundred thirty-two (432') feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred twelve (512') feet westerly thereof, between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted.
II. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
A. Two-hour parking - 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted
Exhibit 1
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Resolution 2024-70
The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy (570) feet south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;
3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;
4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);
5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);
7 The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);
8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
10. The north side of Suva Street from Emil Avenue to the east City limits;
11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;
12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;
13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;
15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
16. The south side of Florence Place from Garfield Avenue to Florence Avenue; 19 of 30
Exhibit 1 372
Resolution 2024-70
17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;
18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);
19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;
20. The east side of Eastern Avenue from a point seven hundred twenty-five (725) feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;
21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;
22. The east side of Eastern Avenue between the points five hundred forty-five (545) feet and six hundred twenty-five (625) feet north of the prolongation of the north curb of Florence Avenue;
23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;
24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;
25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;
26. The north side of Cecilia Street from a point sixth (60) feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof; and
27. On the north side of Agra Street from a point four hundred forty (440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof.
B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, Exhibit 1
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Resolution 2024-70
excluding the no stopping any time areas.
C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:
The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of EI Selinda Avenue, excluding the no stopping any time areas.
D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.
E. Two-hour parking at all times:
1. The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.
F One -hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:
1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;
2. The west side of EI Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;
3. The east side of Eastern Avenue from a point two hundred (200) feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;
The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street; and
5. Request for one -hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market).
III. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for 21 of 30
Exhibit 1 374
Resolution 2024-70
the purpose of conducting business at City Hall;
B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.; and
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Golf Course during the posted hours of operation.
IV. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section
13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit.
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit.
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
2. Both sides of Eastern Avenue;
Exhibit 1
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375
Resolution 2024-70
3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street; and
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof.
Exhibit 1
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376
Resolution 2024-70
V. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A. Commercial Ioadinq and unloading (yellow curb)
The north side of Cecilia Street from a point twenty-five (25) feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety (190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty- five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69) feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91) feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; and
7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty-eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy-eight (278) feet southerly thereof.
B. Passenger Ioadinq and unloading (white curb)
The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof; Exhibit 1
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Resolution 2024-70
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
The south side of Quinn Street from a point one hundred ninety (190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7 The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy-two (172) feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11 The north side of Loveland Street from a point twenty-seven (27) feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
Exhibit 1
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378
Resolution 2024-70
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;
16. Request for white curb (10 -minute parking) at 7425 Garfield Avenue (Garfield Elementary School) from a point three hundred seventy-five (375) feet north of the northern prolongation of Florence Avenue to a point eight hundred fifty (850) feet northerly thereof;
17. Request for white curb (passenger loading) at 7104 Perry Road (Rio -Hondo Boys & Girls Club);
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof;
19. The east side of Ira Avenue from a point two hundred sixty-two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof;
20. The north side of Cecilia Street from a point one hundred and fifty-four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
21. The south side of Florence Place from a point two hundred eighty-eight (288) feet east of the east prolongation of Perry Road to a point three hundred thirteen (313) feet easterly thereof (Monday through Friday 7am to 6pm 6628 Florence Place);
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof (without period designations, at all times);
23. On the north side of Agra Street from a point three hundred and sixty-three (363) feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523) feet westerly thereof;
24. The west side of Eastern Avenue from a point one hundred and seventy-seven (177) feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207) feet southerly thereof;
25. The north side of Florence Place from a point six hundred forty (640) feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840) feet easterly thereof; and
Exhibit 1
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379
Resolution 2024-70
26. The north side of Live Oak Street from a point one hundred twenty-nine (129) feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty-nine (229) feet westerly thereof.
C. Twenty Minute Zone (green curb)
The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish Avenue to a point eighty (80) feet westerly thereof;
2. The north side of Clara Street from a point eighty-five (85) feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
3. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
4. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty- seven (157) feet northerly thereof;
5. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
6. The west side of Garfield Avenue from a point one hundred (100) feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
7. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
8. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
9. The west side of Eastern Avenue from a point sixty-one (61) feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty-two (162) feet southerly thereof;
10. The north side of Clara Street from a point two hundred five (205) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
Exhibit 1
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380
Resolution 2024-70
11. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
12. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
13. The west side of Garfield Avenue from a point sixty one (61) feet south of the southern prolongation of Muller Street to a point one hundred one (101) feet southerly thereof;
14. Request for green curb (20 -minute parking) at 8045 Garfield Avenue(Garfield Market);
15. The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty- nine (339) feet easterly thereof;
16. The south side of Clara Street from a point three hundred and thirty-five (335) feet east of the eastern prolongation of Garfield Avenue to a point thirty-six (36) feet easterly thereof 6334 Clara Street;
17. On the left side of Lubec Street from a point twenty-five (25) feet east of the eastern prolongation of Jaboneria Road, to a point forty-five (45) feet easterly thereof;
18. The east side of Eastern Avenue from a point two hundred eighty-two (282) feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty-two (332) feet northerly thereof to be in effect from 9:OOam to 6:OOpm except on Saturdays, Sundays and Holidays; and
19. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred forty- seven (147) feet northly thereof.
D. Twenty Minute Zone 7:00 a.m. - 6:00 p.m. (green curb) Not Used.
E. Disabled Person Parking (blue curb)
The north side of Priory Street from a point seven hundred eighty-eight (788) east of the eastern prolongation of Jaboneria Road, to a point eight hundred and three (803) feet easterly thereof;
28 of 30
Exhibit 1 381
Resolution 2024-70
2. The south side of Agra Street from a point three hundred seventy-eight (378) feet of the west prolongation of Jaboneria Road to a point four hundred fifteen (415) feet westerly thereof;
3. On the south side of Lanto Street from a point twenty-six (26) feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46) feet easterly thereof;
4. On the south side of Gotham Street from a point seventy-one (71) feet west of the western prolongation of Ira Avenue to a point ninety-one (91) feet westerly thereof (6142 Gotham St);
5. The south side of Fostoria Street from a point four hundred thirty (430) feet east of the east prolongation of Eastern Avenue to a point four hundred fifty (450) feet easterly thereof (5844 Fostoria St);
6. The east side of Ajax Avenue from a point five hundred sixty (560) feet north of the prolongation of the north curb Tine Lubec Street to a point five hundred eighty (580) feet northerly thereof (6536 Ajax Ave);
7 On the south side of Quinn Street from a point six hundred sixty-six (666) feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694) feet easterly thereof (BG Elementary);
8. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof (6113 1/2 Gallant St);
9. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy-eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety-eight (298) feet southerly thereof; and
10. The south side of Priory Street from a point four hundred thirty-seven (437) feet from the prolongation of the east curb line of Jaboneria Road to a point four hundred fifty five (455') feet easterly thereof.
F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb) The north side of Florence Avenue from a point forty-two (42) feet east of the prolongation of the east curb line of Live Oak Street to a point eight -five (85) feet easterly thereof.
VI. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
29 of 30
Exhibit 1 382
Resolution 2024-70
VII. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections I. and IV. hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited. 30 of 30
Exhibit 1 383
EXHIBIT 2 — Proposed Improvements
Disabled Person Parking (Blue Curb) Fronting 5942 Priory Street Exhibit 2 384
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 10.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: ACCEPTANCE OF PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT JULIAASMUS PARK AND HANNON PARK (CIP NO. 3923)AS COMPLETE DATE: September 9, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Accept the Purchase and Installation of Playground Equipment for Julia Russ Asmus Park and Hannon Park as complete; and
2. Authorize staff to file the Notice of Completion.
BACKGROUND/DISCUSSION:
The City of Bell Gardens was awarded $510,067 through the Clean California Local Grant Program for the "BG Keep Parks Clean Beautification Project" to renovate Julia Russ Asmus Park and Hannon Park by replacing existing equipment and amenities, and adding new signage, artwork, and trees.
On May 22, 2023, the City Council approved the execution of an agreement with Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc. (Miracle), for a total cost of $440,230.98, to replace the existing playgrounds, tables, benches, and trash bins with new amenities and equipment. This agreement was awarded in alignment with the City's cooperative purchasing contract with Sourcewell.
On June 7, 2024, Miracle completed the installation of the new playground equipment and amenities. The project inspector conducted the final inspection, reviewed the project documents, and determined that this portion of the project was completed satisfactorily and in conformance with the project's plans and specifications. The final total construction cost was $440,233.47.
CONCLUSION:
The City Council's acceptance of the Purchase and Installation of Playground Equipment for Julia Russ Asmus Park and Hannon Park as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar -Recorder.
FISCAL IMPACT:
The work performed by Miracle was paid by the Clean California Local Grant Program funds as part of the "BG Keep Parks Clean Beautification Project."
The park renovation expenditures were as follows:
Asmus Park Materials
$ 92,650
385
Asmus Park Labor
$ 154,753.39
Hannon Park Materials
$ 85,386.24
Hannon Park Labor
$ 137,276.62
Commercial Freight
$ 10,839.85
Sales Tax
$ 12,773.03
SUBTOTAL
$ 493,679.13
Discount
- $ 53,445.66
TOTAL
$ 440,233.47
ATTACHMENTS:
Exhibit 1 - Notice of Completion
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services
RECORDING REQUESTED BY
CITY OF BELL GARDENS
AND WHEN RECORDED MAIL TO
NAME CITY OF BELL GARDENS
CITY CLERK
STREET 7100 S. GARFIELD AVE
ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP
SPACE ABOVE LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Bell Gardens
3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201
4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike "In fee" and insert, for example, "purchaser under contract of purchase", or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was substantially completed on 6/7/2024. The work done was:
BG Kee) Parks Clean Beautification Pro'ect.
7. The names of the contractor, if any, for such work of improvement was Miracle Recreation Ec uipment Com zany, a subcompany of PlayPower, Inc. 06/26/2023
(If no contractor for work of improvement as a whole, insert "None") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Anceles, State of CA and is described as follows: Hannon Park and Julia Russ Asmus Park
9. The street address of said property is 6902 Hannon St, Bell Gardens, CA 90201 and 8321 Jaboneria Rd, Bell Gardens, CA 90201 (If no street address has been officially assigned, insert "none".) Dated Michael B. O'Kelly, City Manager
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on at Bell Gardens, CA
Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) Exhibit 1 387
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE EASTERN AVENUE IMPROVEMENTS PROJECT (CIP NO.3918) DATE: September 9, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Approve the plans and specifications for the Eastern Avenue Improvements Project;
2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NISB); and
3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).
BACKGROUND/DISCUSSION:
Engineering staff has completed the design and construction documents for the Eastern Avenue Improvements Project (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract documents. The project encompasses pavement rehabilitation on Eastern Avenue from Garfield Avenue to Florence Avenue. The Project will be bid in three separate sections as follows, Garfield Avenue to Gotham Street (Base Bid), Gotham Street to Clara Street (Additive Bid #1), and Clara Street to Florence Avenue (Additive Bid #2). The scope of work includes pavement grinding of the existing asphalt pavement and placing of new asphalt pavement, utility adjustments as required, replacement of signal loop detectors, and installation of new striping, legends and pavement markings. The construction documents, which include plans, specifications, and engineer estimate (PS&E) have been completed in accordance with the City's internal procurement policies and the Public Contract Code. The total contract period for this Project is seventy-five (75) working days.
Upon authorization by the City Council, staff will proceed with the bid phase of the Project, publishing the Notice Inviting Sealed Bids (NISB) in a local newspaper of general circulation and other electronic media, and posting the plans and specifications on the City's website. Bids will be publicly opened, and a contract will be awarded to the lowest responsive and responsible bidder at a future City Council meeting. The published NISB will state the time and place for receiving and opening of sealed bids and will distinctly describe the Project. The NISB will be published in accordance with Public Contract Code § 20164.
The tentative bid schedule is as follows:
Authorization to Bid September 09, 2024
Bid Period September 12, 2024, through October 16, 2024 Mandatory Pre -Bid Meeting September 25, 2024, at 1:30 p.m.
Request for Information Deadline October 03, 2024, at 5:00 p.m. 388
Bid Opening October 16, 2024, at 11:00 a.m.
Anticipated Award of Contract November 11, 2024
DESIGN IMMUNITY:
Government Code section 830.6 states in part, "Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved." In order to bid the Project and provide California design immunity, per Government Code section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.
The plans and specifications for the Project are consistent with the City's standards and the General Plan. Staff's recommendation for City Council approval of the plans and specifications is intended to avail the City of the immunities set forth in Government Code section 830.6, prior to proceeding with construction of the Project. Through the City Council's approval, the Director of Public Works/Facilities, as the City's project manager, would be authorized to act on the City's behalf in approving any necessary alterations or modifications of the plans and specifications throughout the course of the Project.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 —Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
Upon authorization by the City Council, staff will proceed with the bid phase of the Project.
FISCAL IMPACT:
The City's FY 24-25 Capital Improvement Project budget includes $1,850,304 of Prop C, TDA, Measure R, Measure I\ STPL, and Toll Credit for the Project. In previous fiscal years, a total of $190,745 has been expended in planning an design costs for the Project.
The total Project funds are illustrated below:
Prop C
$1,472,245
TDA
$28,750
Measure R
$42,203
Measure M
$42,204
STPL
$408,762
Toll Credit
$46,885
TOTAL BUDGET
$2,041,049
The Project's total estimated expenditures are as follows:
389
Design
S132,804
Geotechnical Work
$20,476
Topographical Survey Work
$10,350
Project Management & Administration
$25,339
Construction Management & Inspection
$111,431
Funding Administration
$9,502
Estimated Construction Cost
$1,566,640
Labor Compliance
$9,502
Contingency (5%)
$153,005
Publication & Misc. Costs
$2,000
TOTAL ESTIMATED PROJECT
COST
$2,041,049
ATTACHMENTS:
Exhibit 1 - N I S B - Eastern Avenue Improvements Project (CI P 3918) APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services
NOTICE INVITING SEALED BIDS
FOR
EASTERN AVENUE IMPROVEMENTS PROJECT
CIP NO. 3918
IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens ("CITY"), invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City HaII, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on October 16, 2024, at which time they will be publicly opened.
Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www,bellgardens.orq/i-want-to/view-bids-rfDs/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website, to dbenash,bowman.com. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on October 3, 2024. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non -responsive.
To comply with SB 854, beginning January 1, 2015, the following applies:
No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.
Exhibit 1 391
Attendance at a pre -bid meeting is mandatory and will be held on Wednesday, September 25, 2024 at 1:30 PM at the Public Works Yard office, 8327 South Garfield Avenue, Bell Gardens, California 90201. All Prime Contractors are required to have a representative attend and sign in at the pre -bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder's proposal being found non- responsive to the required procedures.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.
The CITY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide CITY with weekly payroll reports.
The CITY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.
In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:
Exhibit 1 392
EASTERN AVENUE IMPROVEMENTS PROJECT
CIP NO. 3918
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the CITY for an amount no less than ten percent (10%) of the total base bid amount.
All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.
The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.
The CITY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.
The Contractor shall complete all work in every detail within seventy-five (75) working days, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY.
BY ORDER OF the City of Bell Gardens, California.
Dated: September 9, 2024
Exhibit 1 393
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
TO:
FROM:
BY:
SUBJECT:
DATE:
Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk
LOCAL COMMISSIONS APPOINTMENT LIST
September 9, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 394
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
NAME
APPOINTED BY
VACANCY APPOINTMENT
POSTED
DATE
Gabriela Galindo
Barcena
8/26/2024
Miguel Flores
Victoria Mirembe
Chavez
Gomez
3/22/2021
11/1312023
Jeanette Beltran
Pulido
12/11/2023
Ernesto Ramirez
Barcena
04/08/2024
Miguel De La Rosa
Chavez
1/11/2021
Gustavo Mendez
Gomez
8/28/2023
Andrew Leon
Pulido
11/1312023
Oscar Boado
Sanchez
9111/2023
Isabel Duron
Barcena
1/912023
Erika Cabrera
Chavez
3/11/2024
Katelynn Cabrera
Cindy Alvarado
Carmen Vargas
Gomez
Pulido
Sanchez
10/23/2023
2/27/2023
7/22/2024
Ana Maria Sanchez Flores
Barcena
1/9/2023
VACANT
Chavez
3/12/2024
Mayra Teresa Yanez
VACANT
Gomez
Pulido
04/09/2024
7/22/2024
Stephanie Perez
Sanchez
1/23/2023
David Heredia
Barcena
11912023
VACANT
Raul Velasco
Chavez
Gomez
7/23/2024
10/9/2023
Jayson Gavilanes
Pulido
1/11/2021
Hugo Alvarado
Sanchez
1/912023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
l it 8/27/2024
395
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH ABM
ELECTRICAL & LIGHTING SOLUTIONS, INC FOR THE PURCHASE AND
INSTALLATION OF ADDITIONAL LED LIGHTING AT VETERANS PARK DATE: September 9, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution approving an agreement with ABM Electrical & Lighting Solutions, Inc. for the purchase and installation of additional new LED lighting for a total amount not to exceed $237,391.61; and
2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount.
BACKGROUND/DISCUSSION:
I n 2022, the City of Bell Gardens (City) was awarded a $3,997,000 Statewide Park Development and Community Revitalization (Prop 68) Grant, and in 2024, the City was awarded a $700,000 HUD Community Project Funding grant, for a total of $4,677,339 for the Veterans Park Refurbishment. The City's FY 2024-2025 CI P budget includes the Veterans Park Refurbishment, which consists of the construction of new outdoor fitness equipment with shade sail, community amphitheater with lawn, two therapeutic gardens with signage, two picnic areas, a walking trail system, public art, improved lighting and landscaping throughout the park, renovation of the basketball, tennis, futsal, and volleyball courts, improved lighting for the baseball field, improvement of the outdoor restrooms, and improvements to the interior of the Ross Hall Recreation Center & Cultural Center. The Veterans Park Refurbishment will be completed in multiple phases to maximize the City's funding resources and expedite the completion of priority safety improvements.
Currently, the lighting at the ballfield, the Veterans memorial, and the volleyball court south of the playground require upgrades to enhance visibility and safety at night, especially during winter. There are also three existing corroded light poles that were not replaced during the recently completed lighting upgrades at the park that are now in need of replacement.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.
Sourcewell (formerly National Joint Powers Alliance NJ PA) was created by state law as a service cooperative to provide programs and services to education and government. As a service cooperative, Sourcewell is a local 396
government unit, public corporation, and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of a governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. The City is a member of Sourcewell, and membership entitles the City to access competitively bid national contracts. Public Works is making use of Sourcewell ezI QC, an Indefinite Delivery, Indefinite Quantity (I DI Q) procurement process from which competitively bid contracts are awarded to contractors. Sourcewell has contracted Gordian to administer the ezI QC program for Sourcewell members around the country. Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
On September 12, 2023, Sourcewell issued an Invitation for Bids (Sourcewell I F B) for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (I FB # CA -101723). On October 16, 2023, ABM Electrical & Lighting Solutions, Inc., formerly known as ABM Industries, (ABM) submitted a bid and on December 13, 2023, Sourcewell and ABM entered into Contract Number CA-R8-E-101723-ABL (Sourcewell Contract) with an effective date of December 6, 2023 and expiration date of December 5, 2024.
In order to expedite the completion of the necessary lighting improvements, Public Works requested a cost proposal from ABM under the Sourcewell Contract for the purchase and installation of LED lighting fixtures (the "Lighting Improvements"). ABM provided a cost proposal totaling $237,391.61 for the Lighting Improvements, which includes the following scope of work:
• Remove and replace forty (40) sports field lighting fixtures with new LED lighting. • Remove and replace two (2) area fixtures mid height on high mast poles located at the first base and right field poles with Sylvania LED area fixtures.
• Remove and replace two (2) parking lot poles and fixtures east of Ross Hall. • Replace one (1) 30' corroded pole in center field grass area. • Remove and replace four (4) volleyball court lighting fixtures with Sylvania LED area fixtures. • Install ten (10) well lights each to individually light up each of eight (8) flagpoles and two (2) at front of stone monument.
• Install one (1) 15' walkway pole footing at monument sidewalk entrance and Install Customer provided pole and fixture at walkway.
• Trench/install conduit approximately 250' to bring power to ten (10) well lights and one (1) new walkway pole location.
• Remove and disposed of one (1) existing abandoned well light by American flagpole.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Veterans Park Refurbishment was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption was prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
If the attached Resolution is adopted, staff will process the agreement for signatures and issue a Notice to Proceed with the Lighting Improvements to ABM.
FISCAL IM PACT:
The total budget for the Veterans Park Refurbishment is $4,677,339, consisting of $3,977,339.00 in Prop 68 funds 397
from the State's Department of Parks and Recreation and $700,000 in HUD Community Project Funding from the Office of Congressman Garcia.
The agreement amount for the Lighting Improvements is $237,391.61. A contingency of ten percent (10%) (approximately $23,739.16) will be necessary to cover any unforeseen conditions; therefore, the total project budget for the Lighting Improvements will be $261,131, consisting of Prop 68 funds.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-71
Exhibit 2 - Purchase and Installation Agreement
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 398
RESOLUTION NO. 2024-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH ABM
ELECTRICAL & LIGHTING SOLUTIONS, INC FOR THE PURCHASE AND
INSTALLATION OF ADDITIONAL LED LIGHTING AT VETERANS PARK WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on September 12, 2023, Sourcewell issued an Invitation for Bids ("Sourcewell IFB") for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (IFB # CA -101723); and
WHEREAS, on October 16, 2023, ABM Electrical & Lighting Solutions, Inc., formerly known as ABM Industries, Inc. ("ABM"), submitted a bid in response to the Sourcewell IFB; and
WHEREAS, on December 13, 2023, ABM and Sourcewell entered into Contract # CA-R8-E-101723-AEL ("Sourcewell Contract") with an effective date of December 6, 2023 and expiration date of December 5, 2024; and
WHEREAS, the City of Bell Gardens ("City") is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and WHEREAS, the City requires the purchase and installation of additional new LED Lighting at Veterans Park; and
WHEREAS, the City Council finds that the City has complied with the procurement processes; and
WHEREAS, the City desires to enter into an agreement with ABM for the purchase and installation of additional LED Lighting at Veterans Park under Sourcewell Contract # CA-R8-E-101723-AEL for a total cost of $237,391.61.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, Exhibit 1 399
Resolution No. 2024-71
hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.
SECTION 3. The City Council hereby approves an agreement with ABM Electrical & Lighting Solutions, Inc. for the purchase and installation additional of LED Lighting at Veterans Park.
SECTION 4. The City Council further authorizes and directs the City Manager to execute the agreement with ABM Electrical & Lighting Solutions, Inc., consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED, and ADOPTED this 9th day of September, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 400
Resolution No. 2024-71
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk