Colton City Council
June 21, 2022

SECTION 13 31 23

PRE-ENGINEERED FABRIC SHADE STRUCTURES

PART 1 – GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this section.

1.2 SUMMARY

A. A single, State of California-licensed fabric shade structure contractor shall be responsible for the design, wet-stamped engineering drawings, fabrication, supply, and erection of the work specified herein, including foundations. The intent of this specification is to have only one shade contractor be responsible for all of the functions listed above.

1.3 SUBMITTALS

1.3.1 With Bid Submittals:

A. Provide proof of existing reference sites with structures of similar project scope and scale, and engineered to the specified CBC requirements.

B. Provide a minimum of 7 fabric samples to demonstrate fabric color range, and a digital (PDF) or paper document showing a minimum of 9 powder coat color choices.

C. Provide proof of all quality assurance items, including;

1. A list of at least 3 reference projects with California public agencies that have been installed a minimum of 12 years.

2. Proof of General Liability, Professional Liability, and Umbrella insurance, as per Section 1.4C.

3. Proof of current State of California Contractor’s License, Class A or Class B.

4. Proof of current City of Los Angeles Approved Fabricator license.

5. Proof of a minimum of $25,000,000 aggregate bonding capacity.

6. Proof of current IAS certification, as per Section 1.4E.

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Packet Pg. 592
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

7. Proof of an Annual Maintenance Inspection Program.

8. Proof of a Corporate Safety and/or Injury & Illness Prevention Program.

9. Proof of current status as an ISNetworld Member Contractor.

1.4 QUALITY ASSURANCE
Fabrication and erection are limited to firms with proven experience in the design, fabrication, and erection of fabric shade structures, and such firms shall meet the following minimum requirements. No substitutions shall be allowed for the following:

A. A single shade structure contractor shall design, engineer, manufacture, and erect the fabric shade structures, and shall provide a dedicated Project Manager throughout the entire Scope of Work related to the shade structure(s).

B. All bidders shall have at least 15 years’ experience in the design, engineering, manufacture, and erection of fabric shade structures, engineered to CBC requirements with similar scope, and a successful construction record of in- service performance.

C. All bidders shall provide proof with bid submittal of a minimum of $1,000,000 General/Public Liability insurance, $3,000,000 Professional Liability (PL) insurance, and additional $5,000,000 Umbrella/Excess Liability insurance.

D. All bidders shall be a currently licensed contractor in the State of California, and shall provide proof of a minimum aggregate bonding capacity of $6,000,000 with bid.

E. Manufacturer shall have a City of Los Angeles Approved Fabricator license and be accredited by the IAS (International Accreditation Service) for Structural Steel Fabrication under CBC specified requirements.

F. The fabric shade structure contractor shall have a Corporate Quality Control program (manual), which describes their complete quality assurance program.

G. All bidders must be a current Member Contractor with ISNetworld, which confirms the bidder’s strict adherence to Safety, Insurance, Quality, and Regulatory standards.

1.5 PROJECT CONDITIONS

A. Field Measurements: Verify layout information for fabric shade structure(s) shown on the drawings in relation to the property survey and existing structures, and verify locations by field measurements prior to erection of the fabric shade structure(s).

11.a
Packet Pg. 593
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

1.6 WARRANTY

A. The successful bidder shall provide a 12-month warranty on all labor and materials.

B. A supplemental warranty from the manufacturer shall be provided for a period of 10 years (pro-rated) on fabric and 10 years on the structural integrity of the steel, from date of substantial completion.

C. The warranty shall not deprive the Owner of other rights the Owner may have under the provisions of the Contract Documents, and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents.

PART 2 – PRODUCTS

2.1 GENERAL
A. The structures shall consist of (1) 4-Point Hypar Sail Model #CON-JAN-063-20 (1001) and (2) CON-JAN-063-20 (1002). Both models to have powder coated steel column with HDPE mesh fabric.

B. The structures shall be manufactured by Shade Structures, Inc., d/b/a USA SHADE & Fabric Structures, or approved equal, at time of bid that includes City approved/permitted engineering drawings, fabric roof, steel cables, all fasteners, and erection of structure(s)

C. Contact: USA SHADE & Fabric Structures
1085 N. Main Street, Suite C
Orange, CA 92867
Phone: 949.929.8173
Attn: Devin Christensen
[email protected]

D. To qualify as an approved equal, please submit product documentation, fabric samples, and all quality assurance criteria, as per Section 1.4, at least 10 days prior to bid in order to be considered. No substitutions will be allowed after the deadline. Any approval of alternate manufacturers shall be by addendum prior to the bid date and shall not be allowed without written notification.

E. The fabric shade structure(s) shall conform to the current CBC requirements.

F. Steel:

1. All steel members of the fabric shade structure shall be designed in strict accordance with the requirements of the “American Institute of Steel

11.a
Packet Pg. 594
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

Construction” (AISC) Specifications and the “American Iron and Steel Institute” (AISI) Specifications for Cold-Formed Members and manufactured in a IAS- (International Accreditation Service) accredited facility for Structural Steel Fabrication under CBC 2019.

2. All connections shall have a maximum internal sleeving tolerance of .0625” using high-tensile strength steel sections with a minimum sleeve length of 6”.

3. All non-hollow structural steel members shall comply to ASTM A-36. All hollow structural steel members shall be cold-formed, high-strength steel and comply with ASTM A-500, Grade C. All steel plates shall comply with ASTM A-572, Grade 50.

4. All galvanized steel tubing shall be triple-coated for rust protection using an in-line electroplating coat process. All galvanized steel tubing shall be internally coated with zinc and organic coatings to prevent corrosion.

G. Bolts:

1. All structural field connections of the shade structure shall be designed and made with high-strength bolted connections using ASTM A-325, Grade B or SAE J249, Grade 8.

H. Welding:

1. All shop-welded connections of the fabric shade structure shall be designed and performed in strict accordance with the requirements of the “American Welding Society” (AWS) Specifications. Structural welds shall be made in compliance with the requirements of the “pre-qualified” welded joints, where applicable and by certified welders. No onsite or field welding shall be permitted.

2. All full penetration welds shall be continuously inspected by an independent inspection agency and shall be tested to the requirement of specified CBC requirements.

I. Powder Coating:

1. Galvanized steel tubing preparation prior to powder coating shall be executed in accordance with solvent cleaning SSPC-SP1. Solvents such as water, mineral spirits, xylol, and toluol, which are to be used to remove foreign matter from the surface. A mechanical method prior to solvent cleaning, and prior to surface preparation, shall be executed according to Power Tool Cleaning SSPC-SP3, utilizing wire brushes, abrasive wheels, needle gun, etc.

11.a
Packet Pg. 595
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

2. Carbon structural steel tubing preparation prior to powder coating shall be executed in accordance with commercial blast cleaning SSPC-SP6 or NACE #3. A commercial blast cleaned surface, when viewed without magnification, shall be free of all visible oil, grease, dirt, mill scale, rust, coating, oxides, corrosion, and other foreign material.

3. Powder coating shall be sufficiently applied (minimum 3 mils thickness) and cured at the recommended temperature to provide proper adhesion and stability to meet salt spray and adhesion tests, as defined by the American Society of Testing Materials.

4. Raw powder used in the powder coat process shall have the following characteristics:
a. Specific gravity: 1.68 +/- 0.05
b. Theoretical coverage: 114 +/- 4ft2/mil
c. Mass loss during cure: <1%
d. Maximum storage temperature: 80oF
e. Interpon® 800 is a high-durability TGIC powder coating designed for exterior exposure. Tested against the most severe specifications, Interpon® 800 gives significantly improved gloss retention and resistance to color change.

K. Tension Cable: Steel cable is determined based on calculated engineering loads.

1. For light and medium loads, 0.25” (nominal) galvanized 7x19 strand cable shall be used.

2. For heavy loads, and depending on structural size, either 0.375” (nominal) or

0.5” (nominal) galvanized 7x19 strand cable shall be used.

L. Fabric Roof Systems:

1. UV Shade Fabric:
a. Colourshade® FR UV shade fabric is made of a UV-stabilized, high- density polyethylene (HDPE), as manufactured by Multiknit® (Pty) Ltd.

HDPE mesh shall be a heat-stentered, three bar Rachel-knitted, lockstitch fabric with one monofilament and two tape yarns to ensure that the material will not unravel if cut. Raw fabric rolls shall be 9.8425 feet wide. b. Fabric Properties:
~ Life Expectancy: minimum 8 years with continuous exposure to the sun
~ Fading: minimum fading after 5 years (3 years for Red) ~ Fabric Mass: 5.31 oz/yd2 ~ 5.6 oz/yd2 (180gsm ~ 190gsm) ~ Fabric Width: 9.8425 feet (3m)

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Packet Pg. 596
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

~ Roll Length: 164.04 feet (50m)
~ Roll Dimensions: 62.99 inches x 16.5354 inches (160cm x 42cm)
~ Roll Weight +/- 66 lbs (+/- 30kg)
~ Minimum Temp: -13°F (-25°C)
~ Maximum Temp: +176°F (80°C)
c. Fabric shall meet the following flame spread and fire propagation tests:
1) ASTM E-84
2) NFPA 701 Test Method 2
3) California’s Office of the State Fire Marshal, Registered Flame Resistant Product

2. Stitching & Thread:
a. All sewing seams are to be double-stitched.
b. The thread shall be GORE® TENARA® mildew-resistant sewing thread, manufactured from 100% expanded PTFE (Teflon™). Thread shall meet or exceed the following:
1) Flexible temperature range
2) Very low shrinkage factor
3) Extremely high strength, durable in outdoor climates 4) Resists flex and abrasion of fabric
5) Unaffected by cleaning agents, acid rain, mildew, salt water, and is unaffected by most industrial pollutants
6) Treated for prolonged exposure to the sun
7) Rot resistant

3. Shade and UV Factors:
a. Shade protection and UV screen protection factors shall be as follows:

Color UV Block % Shade %
Pacific Blue 85% 80%~86%
Rain Forest 85% 79%~86%
Green
Red 86% 80%~83%
Silver 81% 80%~85%
Desert Sand 92% 80%~84%
Terracotta 82% 80%~83%
Yellow 89% 80%~82%

PART 3 – EXECUTION

3.1 INSTALLATION

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) City of Colton
Downtown Pedestrian Paseo Improvements

A. The installation of fabric shade structures shall be performed by manufacturer or manufacturer-approved contractor, which shall be bonded and holding a current contractor’s license with the State of California’s Contractors State License Board. All installation personnel must have experience in the erection of tensioned fabric structures.

B. The installation shall comply with the manufacturer’s instructions for assembly, installation and erection, per approved drawings.

END OF SECTION 13 31 23

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Packet Pg. 598
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 1 VEGATATIVE WALL SYSTEMS

SECTION 097753 – VEGETATIVE WALL SYSTEMS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Welded wire grid panels, including gate panels.

2. Panel channel and angle trim.

3. Panel posts.

4. Necessary clips, straps and spacers.

5. Powdercoat finish.

1.3 RELATED WORK

A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of t his Section include, but are not limited to:

1. Section 03 30 00, CAST-IN-PLACE CONCRETE; Concrete footings.

2. Section 32 93 00, PLANTS; Furnishing and installing related plants.

1.4 SUBMITTALS

A. Product Data: Provide manufacturer's standard catalog details for s pecified products demonstrating compliance with referenced standards. Provide list of fittings being provided with descriptions and either photographs or drawings for each type.

B. Shop Drawings: Submit Shop Drawings for fabrication and installation. Include the following:

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Packet Pg. 599
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 2 VEGATATIVE WALL SYSTEMS

1. Plans, elevations, and detail sections showing sizes, critical dimensions, panel layout constraints using a 2 x 2 inch modular grid, and details and locations of accessories.

2. Indicate materials, methods, finishes, fittings, fasteners, anchorages, and accessory items.

C. Verification Samples: Two samples representing actual products and finishes as follows:

1. Welded wire grid panel, 6 in. x 6 in., with one edge of channel trim and one edge of angle trim, all as one unit.

2. Color Submittals: Su bmit metal chips, 2 in. x 3 -1/2 in. minimum, showing color and texture to be provided.

1.5 ENVIRONMENTAL REQUIREMENTS

A. Building product disclosure and optimization – environmental product disclosures (Credit MRc2): Option 1: Products with a publicly available , critically reviewed life - cycle assessment conforming to ISO 14044 that have at least a cradle to gate scope are valued as one quarter (1/4) of a product for the purposes of credit achievement calculation.

B. Building product disclosure and optimization - sourcing of raw materials (Credit MRc3.):

Recycled Content: Provide products manufactured from recycled content as specified, to be measured and documented according to the LEED Green Building Rating System.

1. Recycled Content:
a. Indicate recycled content; indicate percentage of pre-consumer and post- consumer recycled content per unit of product.
b. Indicate relative dollar value of recycled content product to total dollar value of product included in project.
c. If recycled content product is part of an assembly, indicate the percentage of recycled content product in the assembly by weight.
d. If recycled content product is part of an assembly, indicate relative dollar value of recycled content product to total dollar value of assembly.

C. Building product disclosure and optimization - sourcing of raw materials (Credit MRc3.):

Regional Materials: Provide materials or products that have been extracted, harvested, or recovered, as well as manufactured, within 100 miles of the project site.

D. Building product disclosure and optimization – material ingredients (Credit MRc4):

Option 1: The end use product has a published, complete Health Product Declaration with full disclosure of known hazards in compliance with the Health Product Declaration open Standard.

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 3 VEGATATIVE WALL SYSTEMS

1.6 QUALITY ASSURANCE

A. Manufacturer: Minimum 5 years experience in manufacturing and supplying welded wire panel systems of the type required for this Project.

1.7 DELIVERY, STORAGE AND HANDLING

A. Protect materials from damage. Store panels flat. Provide edge protection when strapping is used. Do not apply loads to panel edges.

B. Inspect products upon delivery in order to submit timely freight claim for any damaged materials.

C. Store products in manufacturer's packaging until ready for installation.

D. Handle and store products according to manufacturer's recommendations. Leave products wrapped or otherwise protected and under clean and dry storage conditions until required for installation.

E. Exercise care not to scratch, mark, dent, or bend metal components during delivery, storage, and installation.

1.8 PROJECT CONDITIONS

A. Verify actual openings by field measurements before fabrication; show recorded measurements on shop drawings.

B. Coordinate field measurements and fabrication schedule with construction progress to avoid construction delays.

PART 2 - PRODUCTS

2.1 SUSTAINABILITY CHARACTERISTICS

A. The welded wire panel plant support system and accessories shall have completed an ISO Compliant 14040/44, third party verified Life Cycle Assessment (LCA).

2.2 ACCEPTABLE MANUFACTURER

A. greenscreen®, 725 S. Figueroa St. Suite 1825, Los Angeles, CA 90017; Tel: 1-800-450- 3494; [email protected], www.greenscreen.com.

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 4 VEGATATIVE WALL SYSTEMS

2.3 PANELS

A. Panels shall be rigid, three dimensional welded wire grid fabricated of 14 gage galvanized steel wire.

1. Metallic-Coated Steel Wire: Welded-wire, galvanized in accordance with ASTM A641.

B. Face Grid: Wires shall be welded at each intersection to form a 2 x 2 inch face grid on the front and back of panels,

C. Trusses: Face grids shall be separated by bent wire trusses spaced at 2 -inch centers and welded to front and back face grids at each truss apex.

D. Thickness: As shown on Drawings.

E. Length and Width: As indicated on the Drawings.

F. Tolerance: 1/8 inch in width and 1/8 inch in length.

2.4 ACCESSORIES

A. Trim:

1. Fabricate from 20-gage ASTM A879 galvanized steel.

2. Types:
a. Channel Trim: Thickness of panel x ½ inch legs.
b. Angle Trim: ½ inch x ½ inch legs.

3. Locations:
a. As indicated on the Drawings.

B. Clips and Straps: Provide manufacturer’s standard types of clips and straps suitable for mounting conditions. Fabricate from ASTM A879 galvanized steel. Adjustable clips shall have ¼ inch diameter 18-8 stainless steel bolt, washer, and nut.

C. Plastic Spacers: Provide ½ inch thick black Ultra High Molecular Weight polyethylene (UHMW) washers [to hold clips away from mounting surface].

D. Fence Posts: 3-inch square ASTM A500, Grade B steel tube. The steel strip used in the manufacture of the post shall conform to ASTM A1011. Minimum yield strength shall be 45,000 psi. Provide steel post caps. Overall post length shall be as indicated on the Drawings.

E. Fasteners for Mounting Clips to Fence Posts: Self drilling, self tapping hex washer head screws, with strength of Type 410 stainless steel, and corrosion resistance of Type 304 stainless steel.

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 5 VEGATATIVE WALL SYSTEMS

F. Fasteners for Attachment to Structure Pull Out Value:

1. To Structural Steel: [480 lbs.].

2.5 FABRICATION

A. Cut to size.

B. Weld trim to panels and grind smooth exterior surfaces of welds.

2.6 FINISH

A. Metal components (except fasteners) shall receive commercial grade finish system after fabrication.

B. Finish System:

1. Pretreat with general purpose, alkaline, water based cleaner / degreaser applied at 240 degrees F.

2. Prime with fusion bond epoxy powder coat.

3. Topcoat with polyester or polyester-urethane powder coat with a minimum total dry film thickness of not less than 6 mils.

C. Salt Spray Resistance: Finish shall remain rust free when tested 1680 hours in accordance with ASTM B117.

D. Finish and Color: Textured Black.

E. Touch-Up Paint: Provide high quality, exterior-grade spray paint suitable for conditions of use.

2.7 WARRANTY

A. Standard 1 year warranty is available from the date of substantial completion or 18 months from the date of shipment, whichever comes first. greenscreen® warrants against defects in workmanship and materials that would result in failure under intended application and use as exterior fabricated wall grillage. “Failure” is defined as structural failure of the wire of sufficient i ncidents in any panel that would result in the panel not performing in a structural or safe manner under the intended application and use.

Installation is excluded. Contact greenscreen® for further information, and extensions.

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 6 VEGATATIVE WALL SYSTEMS

2.8 MISCELLANEOUS MATERIALS

A. Concrete: Refer to Section 03 30 00, CAST-IN-PLACE CONCRETE.

B. Concrete: Normal -weight, air -entrained, ready -mix concrete with a minimum 28 -day compressive strength of 3000 psi (20 MPa), 3-inch (75-mm) slump, and 1-inch (25-mm) maximum aggregate size.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine areas and conditions, with Installer present, for compliance with requirements for site clearing, earthwork, pavement work, construction layout, and other conditions affecting performance of the Work.

B. Do not begin installation before final grading is completed unless otherwise permitted by Architect.

C. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Stake locations of fence lines and posts. Do not exceed intervals of 500 feet (152.5 m) or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments.

1. Construction layout and field engineering are specified in Division 01 Section "Execution".

B. Verify alignment, support dimensions, and tolerances are correct.

C. Inventory components to ensure all required items are available for installation. Inspect components for damage. Remove damaged components from site and replace.

3.3 INSTALLATION - GENERAL

A. Spans: For freestanding fences and screens, span between structural supports should not exceed 8’ for 3” thick panels without thorough review of specific site conditions and mounting details. For overhead horizontal or inclined panels span between struct ural supports should not exceed 4’. All curved panel spans should be reviewed based on specific panel radius and center to center of proposed structural support spacing.

B. Install panels plumb and square, centered within area designated for panels, and alig ned to maintain modular grid.

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Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp) CITY OF COLTON – DOWNTOWN PASEO Architerra Design Group 32 94 50 – 7 VEGATATIVE WALL SYSTEMS

C. Avoid cutting panels in field. Where field cutting is essential, clean and dry area and apply touch-up paint to cut edges.

D. Install securely with fasteners located to meet manufacturer’s requirements.

E. Repair bent or damaged panels. If panels cannot be repaired to satisfaction of City of Colton, remove from jobsite and replace with new panels.

3.4 INSTALLATION

A. Install welded wire panel plant support system according to manufacturer's written instructions.

B. Install welded wire panel plant support system by setting posts as indicated on the Drawings and fastening panels to posts according to manufacturer's written instructions.

3.5 ADJUSTING AND CLEANING

A. Remove temporary coverings and protection of adjacent work areas. Clean installed products in accordance with manufacturer's instructions before Owner's acceptance.

B. Do not use abrasive cleaners.

C. Remove from project site and legally dispose of construction debris associated with this work.

3.6 PROTECTION

A. Protect installed products until completion of Project.

B. Touch-up, repair or replace damaged products before Substantial Completion.

C. Protect installed products and finished surfaces from damage during construction.

D. Replace defective or damaged components as directed by Architect.

3.7 PLANT INSTALLATION

A. Refer to Section 32 93 00, PLANTS.

END OF SECTION 32 94 50

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Packet Pg. 605
Attachment: Contract Three Peaks Corp (3650 : Contract Award - Three Peaks Corp)

ITEM NO. 12

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO CMY SOLUTIONS FOR
ELECTRIC UTILITY ENGINEERING CONSULTING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a Professional Services Agreement for the Electric Utility Engineering System Support Consulting Services to CMY Solutions, LLC for $132,000 for FY2022 -23 and authorize the City Manager to execute the agreement.

2. Authorize the City Manager to execute the extension of contract for $135,385 for FY2023-24 and $138,770 for FY2024-25.

BACKGROUND

For the past several years, Colton Electric Department (CED) has relied on the services of an electric consultant for electric utility system support. Electric Utility Engineering System Support includes electrical engineering support for the transmission, substation, and dis tribution system when in need of assistance. Additional duties include analyzing renewable energy impact and conducting electric system fault studies when needed.

ISSUES/ANALYSIS

The City published a Request for Proposal (RFP) on March 25 and April 1, 20 22 for the Electric Utility Engineering System Support Consulting Services to assist City staff on the electric utility system. On the RFP deadline of April 14, 2022, three firms were interested in the RFP but out of the three only CMY Solutions, LLC has submitted a proposal. 12 Packet Pg. 606
Staff Report to the Mayor and City Council
Contract Award - CMY Solutions
June 21, 2022

City staff reviewed the qualification of submitted proposal. CMY Solutions has extensive experience on substation design, distribution design, and municipal engineering. In addition, CMY has prior experience in electric utility consu lting services with the City and CED staff has worked closely with CMY Solutions in the past years on various electrical project s for public and private development.

CMY Solutions proposed unit rate is $125/hour for any of their engineers on the first ye ar of the contract. This rate will increase to $128.75/hour on the second year and $132/hour on the third year. Goss Engineering rates for engineer ranges from $118/hour to $221/hour. The RFP allows for Consumer Price Index (CPI) increase.

Staff recommends the award of contract to CMY Solutions, LLC i n the amount of $132,000 for FY2022-23. The RFP gives the option for the City to extend the contract for another two years, FY2023-24 and FY2024-25 for $135,385 and $138,770 , respectively. Both increase s are 2.5% escalation from previous year. The contract extension is to provide services continuity and take advantage of the knowledge and familiarity gained by the consultant to the CED electric infrastructure system.

FISCAL IMPACTS

Sufficient appropriations f or the FY2022 -23 Electric Utility System Designer Consulting Services are available in the adopted FY2022 -23 budget in Electric Utility Fund Engineering Division Professional Services Account No. 520-8000-8002-2350-0923-0000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - CMY Solutions Professional Services Agreement 12 Packet Pg. 607
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20 22, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and CMY Solutions, LLC, a limited liability company with its principal plac e of business at 76 Sellas South, Ladera Ranch, CA 92694 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibil ity for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing electrical engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Electric Utility System Designer Consulting Services (“Services”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional electrical engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordanc e with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2023 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement i f necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and de tails of performing the Services subject to the requirements of this

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Packet Pg. 608
Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: s ocial security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordina te the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performanc e of this Agreement are as follows: Baldwin Yeung, P.E., Vice President of Business Development.

3.2.5 City's Representative. The City hereby designates Dr. Dave X. Kolk, Public Works and Utilities Director , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Re presentative. Consultant hereby Vice President of Business Development, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsul tants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones dev eloped pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all lo cal, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of su ch laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, exami nation and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the dat e of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired e mployees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultan ts. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove fr om the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agen cy for violations of applicable

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment a nd other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

Time for Compliance . C onsultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 000 1, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insur ance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled a nd not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess i nsurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the min imum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors , officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7

excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special l imitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own r ight of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.11.6 Deductibles and S elf-Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have s ecured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all sub consultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consult ant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at vari ous times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violat ion of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9

connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Thirty - Two Thousand Dollars and No Cent ($132,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is r enewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10

Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" an d "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business a nd at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Cons ultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-11

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

CMY Solutions, LLC
76 Sellas South
Ladera Ranch, CA 92694
Attn: Baldwin Yeung, P.E., VP of Business Development
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN Dr. David X. Kolk, Utility Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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23152.06000\30453088.2 Exhibit “A”-12

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, desig ns, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substant ial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the D ocuments & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyon e approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person

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or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Servic es. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio productio n or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the relea se of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprieta ry Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release th e Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, r eceived by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is

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defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the neglig ence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsu it against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and As signs. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define , limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of

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this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. 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.

3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, othe r than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreem ent, 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.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Federal Provisions (Not Used).

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion o f the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND CMY SOLUTIONS,
LLC.

CITY OF COLTON CMY SOLUTIONS, LLC.

A Limited Liability Company

By: ____________________________ By: _________________________ William R. Smith
City Manager

Attest:

____ By: _________________________
Carolina Padilla
City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES
Provide staffing for Electric Utility System Support Consulting

 Outage Studies
 EV charger Fault studies
 Capital Investment Plan
 Transfer trips
 Transformers Specifications
 Reliability Reporting
 Load tap Changer Study
 Other services as needed

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23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
JULY 1, 2022 TO JUNE 30, 2023

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EXHIBIT "C"

COMPENSATION
Not to Exceed Amount of One Hundred Thirty-Two Thousand and No Cents ($132,000.00)

Hourly Rate:

Other Engineering Resources* = $125/Hr.

(*) Engineers are additional staff that are not part of the on-site staff augmentation. CED will be notified prior to utilizing these engineers.

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Attachment: Exhibit A - CMY Solutions Professional Services Agreement (3672 : Contract Award - CMY Solutions)

ITEM NO. 13

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE SECOND AMENDMENT TO THE CONTRACT WITH
KRIEGER & STEWART FOR THE WELL 31 PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the First Amendment to the Professional Services Agreement with Krieger and Stewart Engineering Consultants, increasing the amount of compensation by $50,000 and the contract amount not to exceed $196,050, and

2. Authorize the City Manager to execute the agreement.

BACKGROUND

Currently, Well No. 30 is the largest well producer in the City and has the capacity of 3,000 GPM. The water pumped from Well No. 30 is approximately 35% of the City’s total water supply. Since it was built in 2013 the pumping plant is always r unning and the pump h as never been pulled for inspection. Both Well Pumping Plant No. 30 and Well 31 are located in the central pressure zone on Fogg Street/Congress Street.

Water wells require regular maintenance to ensure adequate water flow and continued drinking water safety. In order for Well 30 to be inspected, an alternate source of water is necessar y to meet the daily water demand . Because of the need to put Well 30 to rest for maintenance, staff recommended the construction of Well 31 since the well was already drilled and is ready for well development. Construction of the new proposed Well 31 will allow for regular maintenance to Well 30 without supply interruption.

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Staff Report to the Mayor and City Council
Contract Amendment - Krieger & Stewart
June 21, 2022

On April 21, 2020, City Council approved the award of Professional Services Agreement (PSA) to Krieger and Stewart Engineering Consultants, for the design and construction services fo r the Well 31 Pumping Plant Project for amount of $94,550. The scope of services was for the preparation of construction drawings, and construction inspection /support services during the development of the Well Pumping Plant No. 31.

ISSUES/ANALYSIS

The original plans and specification f or Well Pumping Plant No. 31 were completed in 2006.

Plans will need to be upgraded and re-designed to meet new codes. Because of changes to the seismic design considerations in the California Building Code, additional de sign services (geotechnical study and structural re-evaluation) were required that caused to exceed the original design engineering portion of the budget.

On February 7, 2022, Notice to Proceed was issued for the construction of Well Pumping Plant No. 31. Based on current status of this project, staff recommends an increase of $50,000 to the contract of Krieger and Stewart Engineering Consultants for the remaining construction support and special inspections.

FISCAL IMPACTS

Sufficient appropriations fo r the contract amendment for the Design and Construction Management of Well No. 31 are available in the FY2021 -22 adopted budget in Water Fund Capital Improvement Project Account #521-8100-8105-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.
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ITEM NO. 14

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH LEE & RO, INC. FOR DESIGN

SERVICES FOR THE WASTEWATER TREATMENT PLANT
UPGRADE & EXPANSION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the First Amendment to the Professiona l Services Agreement with Lee & Ro, Inc., increasing the amount of compensation by $279,308 for a total contract amount not to exceed $2,578,551 for the professional engineering design services of Wastewater Treatment Plant Upgrade and Expansion Project; and

2. Authorize the City Manager to execute the agreement.

BACKGROUND

Since 1949, the City of Colton has owned, operated, and maintained the Wastewater Treatment Plant (WWTP) at 1201 S. Rancho Avenue. The WWTP provides treatment of domestic, commercial, and industrial wastewater generated by the City of Colton, City of Grand Terrace, and some unincorporated areas of San Bernardino County. The WWTP has undergone numerous expansions and upgrades over the past 70 years as required by growth and/or mandated regulatory requirements from the California Regional Water Quality Control Board.

The Colton WWTP originally consists of three plants. Plant 1 facilities was constructed in 1949, Plant 2 in 1971, and Plant 3 in 2000. Plant 1 facilities were removed from service in 2004, then demolished in 2020 , except for Digester No. 2. The WWTP provides secondary treatment, 14 Packet Pg. 629
Staff Report to the Mayor and City Council
Contract Amendment - Lee & Ro Inc.

June 21, 2022

nutrient removal, solids removal, and solids digestion utilizing conventional and extended aeration, anaerobic digestion, and solids drying. The ma jority of the treatment processes currently in service today have exceeded 40 years of use, well beyond the anticipated lifespan for the infrastructure. The ability to operate a plant of this age is an on going challenge to WWTP maintenance staff , and minor improvements are made to meet the expanding regulatory requirements.

ISSUES/ANALYSIS

On August 17, 2021, the City of Colton entered into a Professional Services Agreement with Lee & Ro, Inc., for the professional engineering design services of the Wastewater Treatment Plant Upgrade and Expansion Project for an am ount not -to-exceed $2,299,243 . The scope includes replacement of outdated equipment and facilities, upgrade of treatment processes, and increase of WWTP capacity.

During the course of the engin eering design and initial investigatio n, the consultant recommended replacement of the aging Dissolved Air Floatation ( DAF) unit and additional scope necessary in the plant expansion . Below is a list of items re quired for the additional work.

After severa l meetings and discussion, staff recommends to award the additional work to the contract of Lee & Ro, Inc. The additional cost to Lee & Ro, Inc., will exceed the original contract amount by 12.14%.

Scope of Work Cost
DAF (Dissolved Air Flotation) $110,986.00
Hot water Boiler System $69,780.00
Heat Exchanger and Sludge Recirculation Pumps $29,597.00 Existing Lift Station Rehabilitation and scum pumps $34,870.00 Beam Crane and Emergency Generator at New Lift Station $34,075.00 Total= $279,308.00

FISCAL IMPACTS

Sufficient appropriations for the $279,308 contract amendment are available in the FY2021 -22 adopted budget in Wastewater Fund WWTP Capital Improvement Account Number 522-8200- 8204-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.
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ITEM NO. 15

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CHANGE ORDER NO. 2 FOR PROFESSIONAL

SERVICES CONTRACT WITH IDC CONSULTING ENGINEERS,
INC. FOR $16,271 FOR BRIDGE #54C-0100 - MT. VERNON AVE.

BRIDGE OVER SANTA ANA RIVER SEISMIC RETROFIT PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Ch ange Order No. 2 for Professional Services contract with IDC Consulting Engineers, Inc. for $16,271 for Bridge #54C -0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project to include focus environmental survey for bat colonies and southwestern willow fly-catcher; and

2. Authorize the City Manager to execute the amended agreement.

BACKGROUND

The statewide Seismic Safety Retrofit Program was established by emergency legislation (SB 36X) enacted during a legislative session after the Octob er 1989 Loma Prieta Earthquake to provide funding assistance to local agencies for fixing structural seismic design deficiencies of public bridges on local streets and roads in California. Mt. Vernon Ave. Bridge over Santa Ana River is one of the bridges t hat received funding from the statewide Seismic Safety Retrofit Program.

The project suffered delay due City’s request to mo dify the scope of the project to add the widening of the bridge to the scope. Caltrans staff informed the City that the project wid ening 15 Packet Pg. 631
Staff Report to the Mayor and City Council
Contract Amendment - IDC Consulting Engineers, Inc.

June 21, 2022

will not be included on the project and the scope shall be seismic retrofit only. In the future, the City can still apply for funding for the widening of this bridge.

ISSUES/ANALYSIS

On June 1, 2021, the City awarded a contract for the preparation of a seismic strategy report and 35% plan to IDC Consulting Engineers, Inc. in the amount of $85,502.20. Subsequently, an amendment (Change Order No. 1) was awarded on February 15, 2022 for $91,266.73 for channel hydraulics analysis, aerial survey and prep aration of environmental documents. The cost proposal of IDC Consulting Engineers, Inc. to complete the preliminary engineering, environmental documents and permits, and final design is $684,658. The City did not award the other components of the RFP since Caltrans instructed City staff to complete the environmental document before additional funding for Preliminary Engineering (PE) phase can be released. The estimated completion of the 35% design and the environmental document is April 2023.

As required f or the completion of the environmental document, a habitat assessment survey for biological species was performed. The survey indicated th e presence of bat colonies and southwestern willow flycatcher (a federally endangered species) on the project site is highly possible. As a result, a protocol survey for both species is necessary and below is the breakdown for the additional works (Change Order No. 2):

a. Bat and willow flycatcher protocol survey = $14,271 b. Project management and quality control/assurance = $ 2,000 Total = $16,271

Upon approval of the Change Order No. 2, the new contract amount total for IDC Consulting Engineers, Inc. is $193,039.93.

FISCAL IMPACTS

Sufficient appropriations for Change order No. 2 to the IDC Consulting Engineers, Inc. contract are available in the FY2021-22 adopted budget in the following accounts:

Account Number Funding Source Change Order Funding
450-0637-6987-3890-0000-000 HBP $13,016.80
450-0637-6970-3890-0000-000 Measure I $ 3,254.20
Total $16,271.00

Federal Highway Bridge Program (HBP) funding is reimbursable thru Caltrans.

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Staff Report to the Mayor and City Council
Contract Amendment - IDC Consulting Engineers, Inc.

June 21, 2022

ENVIRONMENTAL IMPACTS

Preparation of documents for the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) is part of the Preliminary Engineering phase for this Project.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A -IDC Consulting, Inc. Contract Amendment No. 2 15 Packet Pg. 633
(BB&K: 2-12)
23152.06020\1435122.5
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
BETW

EEN THE CITY OF COLTON
AND
IDC CONSULTING ENGINEERS, INC.

1. P ARTIES AND DATE.

This Amendment No. 2 to the Professional Services Agreement (“2nd Amendment”) is made and entered into this 22nd day of June, 2022 by and between the City of Colton (“City”) and IDC Consulting Engineers, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 2nd Amendment.

2. R ECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 2, 2021 (“Agreement”), whereby Consultant agreed to provide services for the preparation of plans and environmental documents for the Mt. Vernon Bridge over Sa nta River Bridge Seismic Retrofit Project.

2.2 Amendment. City and Consultant desire to amend the Agreement for the 2nd time to increase contract amount of the Agreement.

3. T ERMS.

3. 1 Scope of Services and Term. Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

3. 1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy Six Thousand Seven Hundred Sixty Eight and 93/100 Dollars ($176,768.93) without written approval of City’s City Council. Extra Work may be aut horized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3. 2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 2nd Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 2nd Amendment.

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23152.06020\1435122.5

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 2nd Amendment.

3.4 Counterparts. This Amendment No. 2 may be executed in duplicate o riginals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

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Attachment: Exhibit A -IDC Consulting, Inc. Contract Amendment No. 2 (3675 : Contract Amendment - IDC Consulting Engineers, Inc.) 3 (BB&K: 2-12)
23152.06020\1435122.5
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND IDC CONSULTING ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to Professional Services Agreement as of the 22nd day of June, 2022.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Carolina R. Padilla
City Clerk

IDC CONSULTING ENGINEERS, INC

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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Attachment: Exhibit A -IDC Consulting, Inc. Contract Amendment No. 2 (3675 : Contract Amendment - IDC Consulting Engineers, Inc.)

4 (BB&K: 2-12)
23152.06020\1435122.5
EXHIBIT “A”

COMPENSATION

Compensation to IDC Consulting Engineers, Inc. f or the services of this Agreement shall not exceed One Hundred Ninety Three Thousand Thirty Nine and 93/100 Dollars ($193,039.93) without written approval of City’s City Council.

The breakdown for the additional work (Amendment No. 2) for bat and willow flycatcher protocol survey are as follows (per proposal dated June 6, 2022):

a. Bat and willow flycatcher protocol survey = $14,271 b. Project management and quality control/assurance = $ 2,000 Total = $16,271

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Attachment: Exhibit A -IDC Consulting, Inc. Contract Amendment No. 2 (3675 : Contract Amendment - IDC Consulting Engineers, Inc.)

ITEM NO. 16

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE THE AWARD OF CONTRACT TO GK & ASSOCIATES

FOR ENGINEERING DESIGN SUPPORT, PROJECT MANAGEMENT,
AND INSPECTION SERVICES FOR FISCAL YEAR 2022/23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the award of Professional Services Agreement to GK & As sociates, for Engineering Design Support, Project Management and Inspections Services for Fiscal Year 2022/23 at an annual amount not to exceed $294,000, and authorize the City Manager to execute the Agreement.

2. Authorize the City Manager to award and exec ute provisioned contract extensions for up to two (2) additional one-year terms for Fiscal Year 2023-24 and 2024-25 with an annual increase of not to exceed 2.0%.

BACKGROUND

The Engineering support from an outside consultant is recommended to assist Wate r, Wastewater and Public Works in planning, inspection, design , and project management for Capital Improvement Projects. The construction inspection is critical by ensuring that the work is executed per plan and specifications without defect. Outside consu ltants also increase communication with engineers who can respond to contractor’s request for engineering support in a timely manner.

ISSUES/ANALYSIS

16 Packet Pg. 638
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 21, 2022

On May 5, 2022, i n accordance with the Colton Municipal Code Section Chapter 3.08 (bidding, contracting, and purchases of supplies, services and equipment), City staff issued a Request for Proposal (RFP) for Engineering Support on Project Management, Design and Inspection Services. The RFP was advertised on May 6, 2022 and May 13, 2022. In addition, the RFP was sent to five (5) other consultants that have had prior work experience with the City and other neighboring water utility companies. Proposal submissions were due in the Public Works Department by May 26, 2022.

The City received proposals from the following consultants:

No. Company Engineering
Technician
Project
Coordinator
Construction
Manager
1 GK & Associates $70 $77 -
2 Infrastructure Engineering Corporation $105 $130 -
3 TKE Engineering, Inc. $90 $135 -
4 Lee & Ro Inc. - - $125

Only four (4) firms responded to the RFP. The proposals were analyzed based upon their qualifications, personnel, experience and fees. GK & Associates was the most qualified firm.

The GK & Associates scope included engineering support, design and project management.

Staff recommends the award of a one-year Professional Services Agreement to GK & Associates with the option for up to two (2) additional one -year contract extensions for Fiscal Year 2023-24 and 2024-25 with annual increases not to exceed 2.0%.

FISCAL IMPACTS

The costs of the professional engineering services are included in the programmed Capital Improvement Projects; sufficient appropriations ar e available in the following FY20 22-23 professional services and capital improvement accounts for the engineering and support services:

Account No. Location Work Description Amount
Water and Wastewater
521-8100-8101-2350 Citywide Various $ 70,000 522-8200-8200-2350 Citywide Various $ 70,000 Engineering - Public Works
212-2300-6150-3890 9th Street Asphalt grinding and overlay $ 3,964 212-2301-6150-3890 Eucalyptus Ave. Asphalt grinding and overlay $ 15,470 212-2302-6150-3890 Valley Blvd. Asphalt grinding and overlay $ 20,425 16 Packet Pg. 639
Staff Report to the Mayor and City Council
Contract Award - GK & Associates
June 21, 2022

212-2303-6150-3890 Pennsylvania Ave. Asphalt grinding and overlay $ 7,147 212-2304-6150-3890 RV Center Drive Asphalt grinding and overlay $ 7,310 212-2305-6150-3890 Prado Lane/Chase Cyn. Lane Asphalt grinding and overlay $ 16,102 218-2306-6150-3890 Cooley Drive Asphalt grinding and overlay $ 20,771 218-2307-6150-3890 7th Street Asphalt grinding and overlay $ 2,390 218-2308-6150-3890 Rancho Ave Asphalt grinding and overlay $ 10,852 218-2309-6150-3890 Citrus Street Asphalt grinding and overlay $ 5,736 218-2310-6150-3890 Rosedale (City Limit only) Asphalt grinding and overlay $ 2,583 218-2311-6150-3890 Litton Ave. Asphalt grinding and overlay $ 4,404 218-2312-6150-3890 O Street Replace conc. with asphalt $ 8,550 218-2313-6150-3890 Citywide Sidewalk/ADA sidewalk and ramps $ 7,980 722-6150-8215-3890
Repair of Storm Drain -
Downtown Area -Various
Location
Storm Drain repair $ 7,980
240-2324-6150-3890
Repair of Hermosa Cemetery
Streets Street Repair $ 12,928

ALTERNATIVES

1. Provide alternative direction to staff.
16 Packet Pg. 640

ITEM NO. 17

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE CONTRACT AWARD TO FIRE APPARATUS
SOLUTIONS FOR VEHICLE SERVICES MAINTENANCE.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Dispense with competitive bidding in accordance with Colton Municipal Code Section

3.08.140(C); and

2. Approve a Vehicle Maintenance Contract with Fire Apparatus Sol utions for an amount not to exceed $150,000 per year; and

3. Authorize the City Manager to execute contract documentation.

BACKGROUND

Since July 1, 2013, Fire Apparatus Solutions, based out of Bloomington, has been providing the City of Colton with vehicle maintenance services. After extending our contract with Fire Apparatus Solutions as many times as permissible by the original terms, we must re -enter negotiations for an apparatus service provider.

Fire Apparatus Solutions has been and continues to pro vide service to local fire departments since 2004. They currently contract with Vernon Fire Department, Loma Linda Fire Department, Rialto Fire Department, Orange County Fire Authority, Cal -Fire Riverside, and others. Their mechanics are State-certified and certified through the California State Fire Marshal’s Office (CSFM). Based on our last four years working with Fire Apparatus Solutions, we have found them to provide high quality, efficient services at a competitive price.

17 Packet Pg. 641
Staff Report to the Mayor and City Council
Contract Award - Fire Apparatus Solutions
June 21, 2022

Fire Apparatus Solutions has provided us with a revised contract for review. This new contract reflects an hourly rate of $92.50 per hour.

ISSUES/ANALYSIS

Section 3.08.140(C) allows the City to dispense with competitive bidding when the City "determines that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price to that public agency" . In such instances, the procedures of that agency shall satisfy all City requirements for the bid and award of tho se purchases.

On September 28 , 2021 , the City of Rialto approved the award of fire mechanic services to Kalmikov Enterprises, Inc. DBA Fire Apparatus Solutions. The contract with Colton is equal in hourly price to Rialto with the exception of the preve ntative maintenance price; Colton’s hourly price is $75 per hour which is better than Rialto’s price of $85 per hour.

If approved, the term of this contract is three-years with two (2), optional one-year extensions.

FISCAL IMPACTS

The annual contract am ount will stipulate, not to exceed $1 50,000; however, the hourly rate charged by Fire Apparatus Solutions has gone up from $8 8.00 per hour to $ 92.50 per hour.

Sufficient appropriations for the first contract year are availa ble in the FY20 22-23 adopted budget in General Fund Fire Department Vehicle Operating Expense Account N umber 100 - 6090-6091-2210-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RFP 21-053 FAS PROPOSAL

2. RFP 21-053 Fire Apparatus Preventative Maintenance Program

3. Rialto Agenda Report FAS 9-28-2021

4. Fire Apparatus Solutions Contract FY23-26v2
17 Packet Pg. 642
RFP #21-053
Fire Apparatus Preventative
Maintenance Program

City of Rialto
Purchasing Division
249 S. Willow Avenue
Rialto, CA 92376
Attn: Shanita Simmons

17.a
Packet Pg. 643
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

TABLE OF CONTENTS

LETTER OF TRANSMITTAL ................................................................................................ 2 BUSINESS ORGANIZATION ................................................................................................. 3 GENERAL SERVICES AND REQUIREMENTS ................................................................... 4  FAS Support Staff ..........................................................................................5

1. Pricing ..........................................................................................................................6

2. List of Services .............................................................................................................7

3. Authorized Distributor ................................................................................................ 12

4. FAS Employee Qualifications ..................................................................................... 13

5. Parts Availability ........................................................................................................ 16

6. Manufacture Parts ....................................................................................................... 16

7. Sample List of Commonly Used Parts......................................................................... 17 WORK PROJECTS ................................................................................................................ 19 REFERENCES........................................................................................................................ 21

17.a
Packet Pg. 644
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

LETTER OF TRANSMITTAL

June 25, 2021

William Kalmikov
Fire Apparatus Solutions
1762 S Sycamore Ave
Rialto, CA 92376

City of Rialto
Purchasing Division
249 S. Willow Avenue
Rialto, CA 92376

Dear Shanita Simmons,

See enclosed proposal submitted via Planetbids, entitled “ RFP # 21-053 Fire Apparatus Preventative Maintenance Program”.

While reviewing our proposal, you will see that Fire Apparatus Solutions meets all requirements and qualifications as per your city’s specifications.

FAS acknowledges receipt of all RFP agendas/documen ts submitted by the City regarding “RFP#21-053 Fire Apparatus Preventative Maintenance Program.”

Our proposal will be valid for up to 120 days from the date of submittal.

Fire Apparatus Solutions attests that all information stated within the enclosed proposal is true and correct.

Thank you for your time and consideration, should you have any questions or comments please, do not hesitate to contact me at (714) 357-9706.

Thank you,

William Kalmikov
President

17.a
Packet Pg. 645
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

BUSINESS ORGANIZATION

Fire Apparatus Solutions shop and main office is currently based in Rialto, CA. FAS has been in business for over thirteen years, with 21+ years of experience, FAS was founded in 2005 and was incorporated in 2009. Kalmikov Enterprises, Inc is the company’s corporation name, and the DBA is Fire Apparatus Solutions. Our property is approximately 64,000 square feet. We currently employ a total of 21 employees: 6 Office Staff, 15 Mechanics.

FAS technicians possess over 20 -year average of experience servicing heavy duty vehicles, fire apparatus and specialty equipment. We provide service, maintenance and repairs for the complete apparatus, including: Darley, Waterous & Hale pumps, ladder repair, cab & chassis service & repair. Additional repairs offered at our facility include body repair, panel/ structural/ plumbing modifications. We can provide Pump testing and 3rd party Ladder testing. We are also capable of performing quarterly and annual NFPA/D.O.T. Compliance inspections to maintain your fleet. We are proficient in electrical, air systems, welding of Stainless steel, steel and aluminum.

Overall, we can perform all major and/or minor bumper to bumper truck service & repair.

FAS is a full -service dealer representing Apparatus sales, service and parts for: S meal Fire Apparatus, US Tanker, Danko, Spartan Chassis, Ladder Tower Company (REV Brand). Our sole business is only Fire Apparatus. FAS specializes in PM, major and minor repairs. In addition to the previous mentioned manufactures FAS services numerous ot her products. FAS is also an authorized warranty service center for other Apparatus manufacturers. Such as: KME, BME, Rosenbauer, MCB, & Sutphen
FAS defines quality of service, as providing our customers with proficient and excellent customer support. A k ey aspect to provide this service is communication. A point of contact will be established between both parties. Usually a Battalion Chief, Admin Captain or Flee Supervisor coordinates all types of services with our service manager . Service manager is knowledgeable in troubleshooting & caring for all your types of vehicles being serviced. Prioritizing and directing the flow of work. He will aid the department in identifying any critical service criteria. It will be treated with the utmost urgency. This ranges in all aspects of servicing from breakdowns, to scheduled services and annuals. This will help keep trucks in service, eliminate any vehicle needlessly removed from service, while attending to proper maintenance schedules. We also offer in house pickup and delivery of units, and parts when needed.

FAS is a “one stop shop”. Customer Service is the Focus of our business.

17.a
Packet Pg. 646
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

GENERAL SERVICES AND REQUIREMENTS
 24/7 Emergency Services Available.
o Afterhours line contact William Kalmikov at 714-357-9706. o Maximum response time shall never exceed a 24-hour period.  Fire Apparatus Solutions proposes to assist with all maintenance and warranty coverage per the City’s request.
 Fire Apparatus Solutions proposes to be the primary contact for vendor support for selected equipment for City of Rialto’s Fire Department.  List of FAS Test Equipment and Tools
 (7) Service trucks fully equipped with tools, air compressor, 20ft cargo trailer with equipment.
 Hydraulic Press, pan box brake
 3 welding machines, capable of welding tig/mig/stick/air arc. For steel, aluminum, stainless steel
 3 laptops to communicate with ECM’s for ABS, engine, transmission, SRS, Weldon V-mux.
 Battery/alternator testers, clamp on amp meter tester, batter chargers  Pitot gauge sets, Psi Vacuum gauges, bench grinders, Cut off saws  8K lb forklift
 (6) Screw Drive Sefac Truck Lifts
 Hydraulic floor jacks, pneumatic hydraulic floor jacks, frame lifting jacks  3 Service bays, capable of 12 indoor housed apparatus  Fire Apparatus Solutions Staff
 See next page 5.

 Fire Apparatus Solutions complies to submit invoices no later than 30 days after the ser- vice and establish a tracking system to monitor the status.

 Fire Apparatus Solutions complies to agree to provide up to 12 hours of annual training to fire staff that covers preventative maintenance (billed at the standard maintenance rate)

 Fire Apparatus Solutions complies to provide an itemized list of completed service and/or repairs at completion of service and vehicle pick up/drop off. A hard copy with the appa- ratus and email to Rialto Fleet Manager .

 Fire Apparatus Solutions agree to participate in the Fire Department’s Fleet Operations Management Software

17.a
Packet Pg. 647
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

FAS SUPPORT STAFF

PRESIDENT / DIRECTOR

WILLIAM KALMIKOV

GENERAL MANAGER
714-357-9706
[email protected]

APPARATUS SALES AND SUPPORT

SCOTT BECK

SALES MANAGER

ROY COBB

APPARA TUS SALES REP
402-719-1242 916-677-9837
[email protected] [email protected]

WARRANTY SUPPORT

CUAH BELTRAN

SERVICE MANAGER

SALINA LINARES

OFFICE ASSISTANT
626-419-6550 909-253-5838
[email protected] [email protected]

SERVICE MAINTENANCE AND REPAIRS SUPPORT

WILLIAM KALMIKOV

GENERAL MANAGER

CUAH BELTRAN

SERVICE MANAGER
714-357-9706 626-419-6550
[email protected] [email protected]

APPARATUS PARTS AND ACCESSORIES SUPPORT

RYAN BRADBERRY

PARTS SALSMAN

JENNIFER RODRIGUEZ

OFFICE MANAGER

SALINA LINARES

OFFICE ASSISTANT
951-264-4166 909-879-7354 909-253-5838
[email protected] [email protected] [email protected]

BILLING / ACCOUNTING SUPPORT

JENNIFER RODRIGUEZ

OFFICE MANAGER
909-879-7354
[email protected]

EQUIPMENT SALES AND SUPPORT

JENNIFER RODRIGUEZ

OFFICE MANAGER

SCOTT BECK

SALES MANAGER
888-355-9111 402-719-1242
[email protected] [email protected]

EQUIPMENT SERVICE AND MAINTENANCE SUPPORT

JOSH ZIMMERMAN

EQUIPMENT SERVICE MANAGER
951-852-5682
[email protected]

17.a
Packet Pg. 648
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

1. Pricing
Bidder’s Proposal
Base Bid: Fire Apparatus Preventative Maintenance Program

$ 85.00 Preventative Maintenance Hourly Labor Rate

$ 92.50 Repair Hourly Labor Rate (other than scheduled P .M. Services)

$ 108.00 Emergency Hourly Labor Rate
(Non-Business Hours)

$ 92.50 Roadside Service Labor Rate

$ 108.00 Holiday Labor Rate
(Non-Business Hours)

Terms: Net 30 Days

Proposed Contract Sum:

Two Hundred Thousand Dollars and Zero Cents ($200,000.00) / annually

Contract Term:

One (1) year contract with two (2) additional year extensions.

Total term of agreement, three (3) years
Total contract sum if awarded all three (3) years, ($600,000.00) six hundred thousand dollars and zero cents.

17.a
Packet Pg. 649
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

2. List of Services

Our Mission here at FAS is to maintain your fleet. Whether it be a special project you had in mind or complete fleet maintenance, our company is equipped to do it all.

Services Offered
 Aerial maintenance, repairs & 3
rd
party testing, for all manufacturers
 Aerial major repair/refurbishment:

For specific manufacturers
 After hours support for emergencies
 All chassis related repairs bumper to
bumper in accordance to DOT/BIT
standards
 Allison Transmission repair,
diagnostics, maintenance
 Body structure modifications &
repair, for all manufacturers
 Collision & paint: Fire Industry
expected quality
 Diesel engine repair, diagnostics,
maintenance (Cummins, Cat,
Detroit)
 Electrical, multiplexing diagnosis,
starting and charging systems
 Frame straightening, frame repairs
 Mobile on-site maintenance and
repairs
 Pick-up and delivery
 Pump repairs: Overhaul, diagnostics,
minor repairs, pump
testing/certification
 Vehicle towing
 Welding on stainless, steel &
aluminum (MIG/TIG
Anticipated time to complete the following repairs:

Job Description Hours
Front axle brake job, each side 2
Rear axle brake job, each side 2.25
Oil change, with 6 month PM inspection 4
Oil change, Annual PM inspection 6
Adjust Pump packing 1
Charge a/c, nitrogen check, vacuum check 1.75
In frame overhaul (cylinder kits, head, mains) 40
Out of frame, with above overhaul 80
Remove & Install Transmission 10 to 13
Remove & Install Radiator 8 to 10
Replace alternator (niehoff in Pierce) 2 to 2.5
Replace batteries 1.5 to 2

17.a
Packet Pg. 650
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

Maintenance & PM Inspections
Maintenance & Pm inspections are annual D.O.T. compliance in accordance with Sect.49CFR,396.17 & B.I.T. compliant per Ca. Veh.C. 34505.5

All inspection findings will be documented & reviewed with department vehicle management.

Customer to receive copies for their records.

All bi-annual services include:

Replacement of engine oil, oil filters, fuel filters, air filter, coolant filter & dryer filter. Grease of chassis.

All other fluids: Coolant, transmission, power steering, pump gearbox, differential, hub oil & foam pump will be checked & topped off as needed. Air filter inspected, if replacement needed customer to be advised.

Chassis Inspection for the following:
 Engine for oil leaks, coolant leaks, fuel leaks, boost leaks (c.a.c. plumbing), air inlet piping, exhaust leaks & belt adjustments. Ensure fan cycles automatically & water temps reacts accordingly. Starter for secure mounting & cable securement/torque.  Transmission for: Oil leaks, oil cooler for exterior leaks.  Differential for: oil leaks, excess play on pinion or thru shafts.  Charging system: Check alternator for output, connections at neg. /pos. leads. Check actual voltage drop at batteries vs. alternator. Load test all battery's individually.  Lighting: All emergency lights in both response/scene modes. All chassis lighting, directional, auxiliary scene & work lights. Check air horn & siren.  Steering components: Steer box & pump for oil leaks, torque on box mounting & pitman arm. Draglink & tie rod ends for wear, tie rod for straightness. Assist ram for leaks & mount torque. P . steer hose condition.
 Frame, cross members & gussets for loose fasteners or cracks.  Suspension for: Worn shackles/pins, spring leafs for cracks, air bags for tearing or excess cracking, leveling valves for excess leakage, gas shocks for loose mounting or leaking. U bolt torque & condition. Axle & frame weldments, torque rod bushing condition.  Dot air system performance & compliance: check air systems for leakage & reservoir protection. Low air warnings, air hose condition, dryer & governor operation. Brake shoe/pad condition, slack adjusters for auto adjustment, adjust manual slacks. Air psi build performance.
 Drive train for: Yoke condition, u joints for excess wear, carrier bearing for mounting & condition. Ensure all in phase.
 H.V.A.C. system for: Defrost functions, heater & a/c modes. Condenser fan for damage & operation. Fan speed functions, compressor clutch for slippage or excess wear .

17.a
Packet Pg. 651
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

 Cab condition: All cab doors for proper locking, latch engagement/alignment/hinge condition, windows for sealing & regulator function, windshield condition, wiper function & blade condition, cab lift cylinders for leaks & leak down when cab tilted. Decal & paint condition. Seat upholstery for tearing, Seat belt condition & function, interior lighting, steer column mounting & condition. Cab structure for cracks, pivot point condition. Door ajar warning.
 Road test truck & check for proper instrument gauge readings, check for pull, and check for abnormal or uneven tire wear.

All annual services include all the above plus:

Replacement of Transmission fluid, filters, differential oil, power steer oil, coolant & pump gearbox oil.
 Opacity Testing (additional)

Fire Engine PM

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors,
shelving & compartment lighting. Chassis frame,
suspension, brakes steering & drive train will be
inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121
compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

Main pump, aux pump (if applicable) will be ran in recirculatio n mode to check for any leaks in pump house, internal plumbing, valves & main seals for leaks.

Dry vacuum test will be performed.

Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.  Check all gauge functions (psi, vacuum, water & foam levels) check for sticking, or leakage.  Check primer oil/tank level.
 Check pump transmission engagement, indicator lights, flinger condition.  Check pump throttle controls, manual psi regulator if applicable

The following also performed during annual:
 Dry vacuum test will be performed per 1911 standards.  Check valve linkage for binding or looseness.
 Inspect inlet screens

17.a
Packet Pg. 652
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

 Inspect pump for leaks on main seals, adjust
 Inspect anode condition

Tractor Drawn Aerial PM

Service to onboard genset unit includes:

Replacement of engine oil, oil filter, fuel
filter & applicable air filter

Inspection of unit will consist of fire body
structure for any cracks, damage or mount
issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear.

Brakes to be adjusted, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

Aerial unit will be operated to check for: proper operation, interlocks, ladder to be inspected for any cracks or structural failure, cable adjustments, torque box & stabilizers for mounting or cracking, pulleys for wear, cables for fraying, rungs for damage, ladder lighting & hydraulic system of leaks.

Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.

The following also performed during annual:
 Aerial cable adjustment
 Aerial Interlock function checks
 Replacement of Hyd oil filter
 Check Ladder intercom function
 Check monitor/Nozzle functions
 Inspect rescue/waterway pinnable sections
 lube waterway

17.a
Packet Pg. 653
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

Hazmat

Service to onboard genset unit includes:

Replacement of engine oil, oil filter, fuel filter &
applicable air filter

The following also performed during annual:
 Check function of slide outs, check slide out
seals, grease slide wear pads if necessary.
 Check all interior cabinet doors & latches.
 Check telescoping camera body for damage.
 Check leveling system operation

Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.

Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjuste d, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

USAR

Cab will be inspected for: any tilt cylinder leaks,
loose failed mounting points, a/c & heater for
functionality, doors for any operational issues &
overall cab condition. Belt condition, adjustment,
engine fan condition, engine oil leaks & any engine
codes (if noted) can be checked.

Inspection of unit will consist of fire body structure for any cracks, damage or mount iss ues.

Function of all doors, shelving & compartment lighting. Check all interior cabinet doors & latches.

Check slide out tray locks & structure for damage. Check leveling system operation. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

17.a
Packet Pg. 654
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

Brush

Vehicle will be inspected for: any leaks, loose failed
mounting points, a/c & heater for functionality,
doors for any operational issues & overall cab
condition. Belt condition, adjustment, engine fan
condition, engine oil leaks & any engine codes (if
noted) can be checked.

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.

Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

3. Authorized Distributor

Authorized Service Center & Parts Distributor
For:
 Boise Mobile Equipment
 Danko Emergency Products
 Ladder Tower Company
 MCB
 Rosenbauer
 Smeal Fire Apparatus
 Spartan Chassis Motors
 Spartan ERV
 Suthphen
 SVI
 US Tanker
Authorized Parts Distributor for the
Following:
 Akron
 Class 1/Hale
 Darley
 Federal Signal
 Foam Pro
 FRC
 Kussmaul
 Ramco Mirror
 Waterous
 Weldon
 Whelen
 Zico

 See attachments for employees and authorized service center certifications.

17.a
Packet Pg. 655
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

4. FAS Employee Qualifications
See below for a list of fire mechanics employed by Fire Apparatus Solutions, along with their qualifications and listings of certifications.

William Kalmikov – General Manager
Work Experience
 Experience of Overhauling: CAT, CUMMINS, DETROIT ENGINES  Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions
 Experience of repairing 12v dc electrical starting/charging systems  Experience of Performing repairing pneumatics/air systems  Experience of performing diagnostics & some repairs to gensets (onan/Harrison)  Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel
 Experience of welding: Aluminum, Stainless, Steel. Both TIG & Mig Process  Experience of performing/repairing BIGFoot/Auto leveling systems  Experience of rebuilding/repairing Waterous, Hale & Darley Pumps  Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steering, gen- set, foam)
 Experience of rebuilding/repairing Air conditioning, heater systems  Experience of rebuilding/repairing Foam systems: Foam pro, Waterous, Husky  Experience of performing Pump testing
 Experience of performing aerial Inspections, pre- 3
rd party testing
 Experience of performing repairs to Aerials, All aspects from rung, K brace, cables, sheaves, e chains, monitors, electrical interlock functions, waterway rebuilds and psi test- ing.

Work History
 1993-1995: 911 Engineering
 1995-1998: Evans Dedicated Systems
 1998-2005: Rush Peterbilt Truck Centers
 2005-Present: Fire Apparatus Solutions
Certifications:
 ASE: Brakes, PM, Engines, Suspension/Steering, Electrical  Bendix: Air brake systems
 CFMA: Aerials, Pumps, Valves
 Class A Driver License
 Dealer License
 EVT: Fire Pumps, Preventative Maintenance
 Golden west college Diesel automotive program for electrical, engines

17.a
Packet Pg. 656
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

 HVAC, Air conditioning systems
 Meritor Wabco: Abs
 Meritor: Foundations Brakes, Disc Brakes, Pnuematics
 Peterbilt Factory Trained on entire chassis
 Smeal Factory Trained: Pumps, aerials, Platforms, Multiplexing  Spartan Factory Trained: Electrical multiplexing, brakes (meritor), suspension  Sutphen Factory Trained: Electrical multiplexing, brakes (meritor), suspension  Svi Factory Trained: Electrical 12v dc, 120v ac, Multiplexing  Welding Steel, Mig process, Overhead

Larry Loffer – Mechanic
Work Experience
 Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions
 Experience of Performing alignments, 12v dc electrical starting/charging systems  Experience of Performing repairing pneumatics/air systems  Experience of performing/repairing darley & waterous pumps Work History
 1996 - 1999: Star Miling
 2002-2004: Self-employed, mobile mechanic
 2004-2005: Dietrich International
 2005-2006: Westrux International
 2006-2014: RB Truck Repair
 2014-2015: Polar Systems
 2015 – Present: Fire Apparatus Solutions
Certifications
 ASE: preventative maintenance, Brakes
 International: brakes
 Peterbilt: Foundation brakes, basic electrical
 San Bernardino V.C.: Diesel program: maintenance, brakes, suspension, basic electrical, advanced elec., basic engines, advanced engines, D.E.F. Certificate, Newway suspensions

Jason Allison - Mechanic
Work Experience
 Experience 2003-present
 Experience of Overhauling: CAT, CUMMINS, DETROIT ENGINES  Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions
 Experience of Performing alignments, 12v dc electrical starting/charging systems

17.a
Packet Pg. 657
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

 Experience of Performing repairing pneumatics/air systems  Experience of performing/repairing hvac systems
 Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel
 Experience of welding: Aluminum, Stainless, Steel. Mig Process  Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steering, gen- set, foam)
Work History
 2004 – 2007: Direct Transport
 2007 – 2008: B & B Truck & Trailer
 2009 – 2013: All Truck Services
 2013 – Present: Fire Apparatus Solutions
Certifications
 Spartan Factory trained. Electrical multiplexing, brakes (meritor), suspension.  Meritor brakes, air and foundation

Russell Champlin - Mechanic
Work Experience
 Experience 2005-present
 Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions
 Experience of Performing alignments, 12v dc electrical starting/charging systems  Experience of Performing repairing pneumatics/air systems  Experience of performing/repairing hvac systems
 Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel
 Experience of welding: Aluminum, Stainless, Steel. Mig Process  Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steering, gen- set, foam)
Work History
 2005-2008: Champlin Diesel Repair
 2008 – 2012: Valew Truck Bodies
 2012 – 2015: Double Eagle Transportation
 2015 – 2018: Kovatch Mobile Equipment
 2018 – Present: Fire Apparatus Solutions
Certifications
 ASE, T5 suspension and steering
 ASE, T4 air systems and brakes
 Meritor brakes, air and foundation, suspension

17.a
Packet Pg. 658
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

 EVT: Maintenance, Inspection, & Testing of Fire Apparatus  EVT: Design & Performance Standards of Fire Apparatus  EVT: Fire Pumps & Accessories

Alberto Esparza - Mechanic
Work Experience
 Experience 2016-present
 Experience of Repairs: CUMMINS, Paccar motors
 Experience of Performing 12v dc electrical starting/charging systems.  Experience of Performing aftertreatment systems.
 Experience of Performing multiplex diagnostics.
 Experience of Performing repairing fire pumps and accessories.  Experience of Performing repairing pneumatics/air systems.  Experience of performing/repairing hvac systems.

Work History
 2016 – 2018: Rush Truck Center
 2018 – Present: Fire Apparatus Solutions
Certifications
 CFMA certified: Fire Pumps & Accessories
 Peterbilt Factory Trained on entire chassis
 Paccar Factory Trained

5. Parts Availability

 FAS obtains a wide variety of parts in stock. City of Rialto is not liable to pay freight charges on regularly stocked items nor returned/replaced items covered under warranty.

Freight charges should only occur for special ordered items.

6. Manufacture Parts

 FAS obtains an account with many Apparatus Manufactures.

Authorized Parts Distributor for the Following:
o Akron
o Class 1/Hale
o Darley
o Federal Signal
o Foam Pro
o FRC
o Kussmaul
o Ramco Mirror
o South Coast Pierce
o Waterous
o Weldon
o Whelen
o Zico

17.a
Packet Pg. 659
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

7. Sample List of Commonly Used Parts

AVAILABILITY PART PART NUMBER SELL PRICE
Local supplier EX225 741 PADKIT (REAR BRAKES) #KIT2252H2DA $463.84 Local supplier KIT-SHOE & LNG-AX (REAR BRAKES) #KIT15625PM $451.18 Local supplier ROTOR #3218A131 $423.16
Local supplier REMAN CALIPER EXCH #A23263M1157X $727.98 Local supplier BRAKE SHOE #FT4515CAST-NS $69.23
Local supplier BRAKE DRUM #C4515C $520.00
Local supplier BRAKE KIT #KIT9081 $112.40
Local supplier 16.50X7.00 BRAKE DRUM #3576X $285.40
Local supplier LINED SHOE ABEX #E-2769SHD $17.10
Local supplier OIL FILTER #51791 $16.80
Local supplier OIL FILTER #57051 $40.30
Local supplier OIL FILTER #51243 $5.75
Local supplier OIL FILTER #51784 $8.39
Local supplier WIX OIL FILTER #57740XE $77.90
Local supplier FUEL FILTER #33370 $14.08
Local supplier FUEL FILTER #33651 $16.95
Local supplier FUEL FILTER #33994 $58.31
Local supplier FUEL FILTER #33341 $9.51
Local supplier FUEL FILTER #33336 $11.65
Local supplier FUEL FILTER #33936 $19.58
Local supplier FUEL FILTER #33965 $36.40
Local supplier FUEL FILTER #WF10149 $61.90
Local supplier FUEL FILTER-AUX PUMP #BF7838 $50.30
Local supplier COOLANT FILTER #24069 $8.43
Local supplier COOLANT FILTER #24070 $9.18
Local supplier COOLANT FILTER #24071 $11.70
Local supplier COOLANT FILTER #B5134 $12.75
Local supplier AIR FILTER #WA10116/ 46893 $156.85
Local supplier AIR FILTER #546893 $152.24
Local supplier AIR FILTER #46870 $59.92
Local supplier AIR FILTER #46871 $55.14
Local supplier AIR FILTER #24316 $21.00
Local supplier AIR FILTER #42254 $30.43
Local supplier AIR FILTER #42253 $45.73
Local supplier AIR FILTER #46375 $23.73
Local supplier AIR FILTER #46849 $129.09

17.a
Packet Pg. 660
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

AVAILABILITY PART PART NUMBER SELL PRICE
Local supplier AIR DRYER WABCO #1200 SERIES $442.61
Local supplier AIR DRYER BENDIX AD-IP #109477x $515.13 Local supplier ($320 CORE CHARGE) #109477x core $400.00 Local supplier AD-IP COMPLETE REMAN 065612P / 109477 $439.01 Local supplier SHELLLZONE ANTIFREEZE 50/50 1 GA

$13.39
Local supplier SHELLLZONE SYN DEX ELC 50/50 1 GAL

$14.49
Stock HUB OIL SEAL #10088 $11.13
Stock OIL BATH SEAL #380003A $48.40
Stock BRAKLEEN #5050 $4.80
Stock GEAR OIL 5 GALLON PAIL 85W/140 $137.49
Stock RED EYE GREASE #EP2 $4.04
Stock OIL LOW EMISSION 5 GALLON PAIL 15W40 $85.48
Local supplier STARTER 42MT ($300 CORE CHARGE) #10461052 $359.70 Local supplier STARTER 39MT #860030f $375.00
Local supplier SYNTHETIC TRANS FLUID ATF 5 GAL PAIL

$231.99
Local supplier CHEV AUTO TRANS FLUID 1 GALLON MD-3 $18.05 Stock GRP 31 BATTERY 1131MF $131.89
Stock GRP 31 BATTERY CORE CORE $33.75
Stock MODEL 80 BULB REPLACEMENT MINI BULBS #80350 $26.54 Stock KIT FIELD SERV, BALL 1" 8610 & 8810 #88030002 / 799728 $70.20 Stock KIT FIELD SERV, COMP BALL 1.5" 8915 #89040001 / 350132 $83.70 Stock KIT CONV/REPAIR W/BALL 8615-8815 1.5" #88040001 / 799726 $89.10 Stock KIT FIELD SERV, COMP BALL 2" 8920 #89050001 / 350232 $124.94 Stock KIT FIELD SER W/COMP BALL 8910 1" #89030001 / 350131 $67.50 Stock KIT CONVERSION/REPAIR W/BALL 2" GEN 2 #91450001 / 799727 $134.94 Stock KIT FIELD SERV L/BALL F/ 8620, 8820 #92040001 $33.69 Stock KIT FIELD SER, COMP BALL 3" & 3.5" #89070001 / 350134 $153.90 Stock FLOODLIGHT, EVOLUTION LED DC 11,000LM FCA-100-V11 $920.16 2 week lead time FLOODLIGHT, EVOLUTION LED DC 20,000LM FCA-100-V20 T100 $1,139.67 Stock RAMCO MIRROR - REFURB #6003FFR-750 $202.50
2 week lead time RAMCO MIRROR #6003FFHR-750 $341.25
Local supplier AC COMPRESSOR #75R8542Q $240.24
Local supplier MICRO-V BELT (FAN BELT) #K08530 $59.28

17.a
Packet Pg. 661
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

WORK PROJECTS

Below list multiple work projects completed by Fire Apparatus Solutions

Major Aerial Repairs
Pump Testing
Scheduled UL Testing
& Repair
Tank Removal &
Repairs
Aluminum Welding &
Modifications
Frame Rail Repair
Siren, Lighting, Radio & Decal Package
Plumbing Modifications
Custom SS Tig Welding

17.a
Packet Pg. 662
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

Custom, in house built Wireless Hydraulic Actuating Arm:

Major Body/Collision Repair:

At our facility we offer body repair, panel/structural/plumbing modifications, and repairs. Pump testing, 3rd party Ladder testing.

We are capable of performing all Major/Minor bumper to bumper truck service & repair.

Proficient in electrical, air systems, welding of stainless steel, steel, and aluminum.

17.a
Packet Pg. 663
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions)

PH: (714) 357-9706 Email: [email protected] Address: 1762 S Sycamore Ave, Rialto, CA 92376

• Office: (909) 879-7354 • Alt. Email: [email protected] • Website: FASService.Org

REFERENCES

Agency: City of Redlands Agency: San Manuel Band of Mission Indians Address: 1270 W. Park Ave., Bldg E Address: 26540 Indian Service Road Redlands, CA 92376 Highland, CA 92346
Contact: Monica Duran Contact: Chief Dino Beltz
Phone Number: (909) 747-7657 Phone Number: (909) 864-6928 Email: [email protected] Email: [email protected]

Agency: City of Colton Agency: Riverside County Fire
Address: 303 E. Street Address: 210 W. San Jacinto Street Colton, CA 92324 Perris, CA 92570
Contact: Chief Kevin Valentin Contact: Gus Nava
Phone Number: (909) 370-5105 Phone Number: (760) 272-8072 Email: [email protected]
Email: [email protected]

Agency: City of Loma Linda Agency: City of Corona
Address: 11325 Loma Linda Dr. Address: 760 Public Safety Way Loma, Linda, CA 92354 Corona, CA 92878-4002
Contact: Capt. Mike Atchinson Contact: Jason Marcia
Phone Number: (909) 559-7181 Phone Number: (951) 736-2232 Email: [email protected]
Email: [email protected]

All above listed references Fire Apparatus Solutions currently holds service/repair contracts with.

17.a
Packet Pg. 664
Attachment: RFP 21-053 FAS PROPOSAL (3582 : Contract Award - Fire Apparatus Solutions) RFP
1 City of Rialto
Purchasing Division
Purchasing Manager: Shanita Simmons
Phone: (909) 820-2570 Fax: (909) 820-2600
Email: [email protected]

REQUEST FOR PROPOSAL #21-053
Fire Apparatus Preventative Maintenance Program

Closing Date: June 25, 2021, 4:00 P.M.

RFP Number: 21-053
Due Date: June 25, 2021
Time: 4:00 P.M.

Project: Fire Apparatus
Preventative
Maintenance
Program

The prospective supplier shall submit a fully executed p roposal via PlanetBids, to be received no later than 4:00 P.M., Friday, June 25, 2021.

NOTE: Mailed or hand delivered proposals will no t be accepted . Please s ubmit proposals and all other related attachments electronically through PlanetBids.

All questions must be submitted through the PlanetBids platform, questions received any other way will not be addressed.

17.b
Packet Pg. 665
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
2 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

TABLE OF CONTENTS

TITLE PAGE

Notice Inviting Proposals 3
Overview & Background 4
Scope of Work 5
General Information 8
General Terms & Conditions- RFP 9
Diversity Business Statement 17
Small Business Concern 18
Local Business Preference 19
Local Vendor Preference 20
Disclosure Policy 21
Disclosure of Proposal Contents 22
Proposer’s Signature Declaration 23
Statement of References 24
Proposer’s Background Information 25
Statement of Proposer’s Qualifications 27
Statement of Proposer’s Past Contract Disqualifications 28 Certification of Non-Discrimination by Consultants 29 Non-Collusion Affidavit 30
Sample Professional Services Agreement 31

17.b
Packet Pg. 666
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
3 CITY OF RIALTO

STATE OF CALIFORNIA

NOTICE INVITING PROPOSALS

NOTICE IS HEREBY GIVEN by the City of Rialto Purchasing Division will be accepting proposals for the following: Fire Apparatus Preventative Maintenance Program

Proposals must be submitted to electronically through Planet Bids before June 25, 2021 at 4:00 P.M. Mailed or hand delivered proposals will not be accepted.

No proposals shall be considered unless it is made on t he proposal form furnished by the City of Rialto a nd is made in accordance with the provisions of the Request for Proposal. All proposals must be labeled RFP 21-053 Fire Apparatus Preventative Maintenance Program the proposal price must be firm for ninety (9 0) days from dat e of the proposal opening in order to permit staff evaluation and City Council award. The City of Rialto City Council reserves the right to rej ect any or all proposals in whole or in part and may waive any irregularitie s or informality in any proposal to the extent permitted by law and when the public interest will be served thereby.

No oral interpretations will be made to any proposer as the meaning of the contract documents. Requests for an interpretation shall be mad e in writing and del ivered to the Agency via PlanetBids at least 5 days before the time announced for opening the proposals.

Interpretations will be in t he form of an addendum to the contract documents and, when issued, will be sent as p romptly as is prac tical to all parties to whom the con tract documents have been issued. All addenda shall be included in the contract when submitting the proposal.

The City Offices are closed the following Holidays: New Year’s Day, Martin Luther King Day, President’s Day, Cesar Chavez Day , Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, and Christmas.

Proposal packages are available online at
https://pbsystem.planetbids.com/portal/28159/portal-home

Questions and comments regarding this solicitation must be submitted by 4:00 p.m. on June 15, 2021 via the PlanetBids platform. The questioner’s company name, address, phone, and contact person must be included with the questions or comments.

(s) Shanita Simmons
City of Rialto
Purchasing

Publish:

Provide proof of publication

17.b
Packet Pg. 667
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
4 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

OVERVIEW & BACKGROUND

The City of Rialto was founded in 1887 and incorporated in 1911. The City op erates as a general law City with a City Council -City Administrator form of government. Five (5) Council members serve four (4) year, overlapping terms, with elections held every two (2) years. The Council meets o n the second and fourth Tuesday of every mo nth. Municipal services are provided by the City’s approximately 396 employees.

Rialto is an ethnically diverse and progressive commu nity, which boasts several unique community assets including its own Police an d Fire Departments, a Ci ty owned Racquet and Fitness Center, Performing Arts Theater, a Community Center and Senior Center.

Rialto is conveniently located to various recreational pursuits from the mountains, beaches, and desert.

The City of Rialto lies in the west portion of the San Bernardino Vall ey, due west of t he County Seat. Rialto is sixty miles east of Los Angeles and 103 miles north of San Diego.

Rialto is proud to be a Ci ty of commercial, residential, educational, cultural, and industrial growth.

17.b
Packet Pg. 668
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
5 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

SCOPE OF WORK
Fire Apparatus Preventative Maintenance Program
The City of Rialto is seeking proposals for our Fire Apparatus Preventative Maintenance Program. Upon approval by the City Council the selected vendor will be awarded a one (1) year contract with two (2) optional one year extensions based upon agreement by both parties and providing there are no changes in pricing or performance.

1. Inspection of vehicles
A. NFPA 1915 Standard for Fire Apparatus Preventive Maintenance Program

2. Services to be done annually or when service intervals have been reached per manufactures specifications are as follows:

A. Engine oil and filters or to be changed.

B. Transmission oil changed and filters if so equipped
C. Transfer case oil and filter changed.

D. Axle oil changed.

E. Engine coolant serviced.

F. Air filters serviced and/or changed as needed.

G. Auxiliary pump engine oil and filters changed.

3. State of California vehicle emissions on G -55 and U-355 and Heavy-duty diesel smoke emission testing required by California Code of Regulations Section 2180, Title 13.

4. 24\7 emergency repairs service.

5. Annual Service Tests of Fire Pump Systems on Fire Apparatus per NFPA 1911.

General Services and Requirements
• The Contractor shall provide a maximum response time of twenty -four hours, seven days a week, three hundre d and sixty-five days a year, for critical situations as determined by City of Rialto Fire Department. Contractor will ensure sufficient parts and personnel are available to achieve a fast turnaround time.

• Contractor will assist the City of Rialto Fire De partment in maintenance of warranty coverage.

• Contractor may, at the request of the City of Rialto Fire Department, act as the primary contact for vendor support for selected equipment.

• Contractor shall provide all their own test equipment and tools nece ssary to perform their required tasks.

• Contractor shall provide City staff with names, addresses, phone numbers and contacts for all systems, hardware, and application software.

17.b
Packet Pg. 669
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
6 • The Contractor shall supply the City of Rialto Fire Department with a 24/7 c all-out list so the City of Rialto Fire Department can contact the appropria te person(s) in the case of an emergency.

• The Contractor shall submit invoices no later than 30 days after the service and establish a tracking system to monitor the status.

• The Contractor shall agree to provide up to 12 hours of annual training to fir e staff that covers preventative maintenance (billed at the standard maintenance rate)

• The Contractor shall provide an itemized list of comp leted service a nd/or repai rs at completion of service and vehicle pick up/drop off. A hard copy with the apparatus and email to Rialto Fleet Manager.

• The Contractor shall agree to participate in the Fire Department’s Fleet Operations Management Software

• Contractor shall supply all inspection forms and maintenance forms. The Contractor shall be able to comply with the following:

1. Con tractor shall include an itemized pricing for all aspects of your response.

Please include hourly rates, after hour rates, roadside service rate s, holiday rates etc.

2. Contractor shall include itemized list of services shops are qualified to perform.

List shall include flat rate pricing or anticipated allowable time frame to complete a job. (i.e., PM services, safety, and emissions, charging A/C, etc.).

3. Contractor shall include a copy of all manufacture warranty center certificates.

4. Contractor sh all include a list of all employees and a copy of their qualification and certifications including the certifying en tity that will be performing service on any of City of Rialto vehicle.

5. Contractor shall pro vide an explanati on of parts availability. T he explanation shall include if part is a regular stock part. City of Rialto shall not pay freight for any item identified as a regular stocked part. City of Rialto will not pay freight on any item returned or replaced for warranty.

6. Contractor shall p rovide manufacture part, or part that meets or exceeds quality of part already currently being used in apparatus.

7. Contractor shall submit a sample list of parts; sample list shall not be defined as a complete listing of parts available but will provide a method for demonstrating pricing and discounts. Sample list should include commonly used parts for services offered. (i.e., brake pads, brake shoes, rotors, filters, batteries, bulbs etc.).

17.b
Packet Pg. 670
Attachment: RFP 21-053 Fire Apparatus Preventative Maintenance Program (3582 : Contract Award - Fire Apparatus Solutions) RFP
7 BIDDER QUALIFICATIONS
Contractors offering proposals for this work must demonstrate that they have the resources and capability to provide the materials and services as descr ibed herein . All bidders sha ll submit documentation with their proposal indicating compliance wi th the minimum qu alifications. Failure to include any of the required documentation may be cause for the proposal to be rejected. The following criteria shall b e met in orde r to be eligible for a contract for this work:

For all work tasks covered in this RFP, the Contrac tor shall employ technicians who are qualified to perform the specific diagnostic check, maintenance or repair task, or performance tests speci fied in Natio nal Fire Protec tion Association Standard (NFPA) 1911, Standard for the Inspection, Maintenance, Test ing, and Retirement of In -Service Automotive Fire Apparatus , current edition. The assigned technician(s) shall meet the qualifications administ ered by the E mergency Vehicl e Technician Certification Commission, Inc. (EVT) for Fire Apparatus Technician certification(s) appropriate for the system or components that are to be maintained and hold current certification.

Contractor personnel performin g maintenance or repair on f ire apparatus shall meet the qualifications administered by the Nati onal Institute fo r Automotive Service Excellence (ASE) for Medium/Heavy Truck certification(s) appropriate for the system or component (Certifications T1 throug h T8), as de monstrated by cu rrent ASE certification or EVT (Fire Apparatus) certification.

Contractor personnel performing maintenance, repair, or performance testing of fire pumps, industrial supply pumps, or any component of the apparatus that is used in pump operations shall have current EVT (Fire Apparatus) Master Level 3 certification.

Contractor personnel p erforming nondestructive testing (NDT) required on fire apparatus aerial devices shall be certified as at least a Level II NDT Technician in th e test metho d used, as specified in American Society for Nondestructive Testing, Inc. (NSNT) Sta ndard CP-189, Standard for Qualification and Certification of Nondestructive Testing Personnel , current edition.

Contractor shall have at a minimum two (2) fu ll-time Cert ified Emergency Vehicle Technicians on staff.

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8 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

GENERAL INFORMATION

The City of Rialto has outlined the requirements herein in as much detail as is currently known.

Please provide any exceptions, additional information, or suggestions that will aid in the Ci ty’s selection process (attachments are acceptable).

The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked competitively priced a nd qualified proposal. If an agreement cannot be negotiated the City reserves the right to negotiate with any other finalist.

Any evidence of agreement or collusion among Proposers acting illegally to restrain freedom of competition by agreement to propo se a fixed pric e, or othe rwise, will r ender the proposal of such Proposers void.

Proposer shall identify those services (if any) that will be outsourced to a subconsultant or sub- proposer. The prime Proposer will be res ponsible for verifying the qualifications and validity of all licenses or permits for any outsourced work to su bconsultants. The p rime Consultant i s also responsible for paying its employees and any subconsultants the prime Consultant hires.

This RFP does not obligate the City to accept o r co ntract for any expres sed or implie d services.

The City reserves the right to request any Proposer submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.

All submitted proposals and informa tion inclu ded therein o r att ached thereto shall become public record upon contract award.

The City reserves the right to cancel this solicitation at any time.

The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any City employee, Commissio n member, Committee member, Council member, or any other agency employee or associate for any propose related t o this entire RFP process other than as directed above. Contact with anyone other than as directed above may be cause for rejection of proposal.

Questions and comments regarding this solicitation must be su bmitted by 4:00 p.m. on June 15, 2021 via the PlanetBids platform at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=28159

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9 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053
GENERAL TERMS AND CONDITIONS – RFP

Definition of Terms
The following terms used in the RFP documents shall be construed as follows:

1. “City” shall mean the City of Rialto.

2. “Consultant/ Proposer/Contractor” shall mean the individua l, partnership, corporation or other entity to which this agreement is awarded.

3. “Supplier/ Proposer/Consultant” s hall be considered synonymous with term “proposer”.

4. “Contract/agreement” shall be considered synonymous with term “contract”.

5. “Evaluation Commi ttee” is an inde pendent comm ittee est ablished by the Cit y to review, evalua te, and score the Proposals, and to re commend award to the Proposer that submitted the proposal determined by the committe e to be in the best interest of the City.

6. “May” indicates something that is not mandatory, but permissible.

7. “Must/Shall” indicates a m andatory requirement. A proposal that fails to meet a mandatory requirement will be deemed non -responsive, and not be con sidered for award.

8. “Proposer” shall mean the person or firm making the offer.

9. “PROPOSAL” shall be the offer presented by the Proposer.

10. “RFP” shall be the acronym for Request for proposal.

11. “Should” indicates something that is recommended, but not mandatory . Failure to do what “should” be done will not result in rejection of your proposal.

12. “Submittal Deadline” shall be the date and time on or before all Proposals must be submitted.

13. “Successful Proposer” shall be the person, consultant, or firm to whom the a ward is made.

City Business License
Proposer shall secure, at the proposer’s own cost, the appropriate business li cense from the City prior to beginning a ny work or delivering any equipment or material to be furnished under this specification and proposal. This must be initia ted within six City working days afte r notification of award.

Consultant’s Address and Legal Services
The address given in the proposal shall be cons idered the legal address of the Proposer and shall be changed only by written or ele ctronic notice to the City. The Proposer shall supply an address to which certified mail can be delivered. The de livery of any commu nication to the Proposer personally, or to such address, or the depositing in the United States Mail, registered or certified with postage prepaid, addressed to the Proposer at such address, shall constitute a legal service thereof.

Cost of Preparing Proposal
Any and all cost s incur red respon ding to this RFP, conducting demonstrations or any other related activities, shall b e borne by the propose r and the City shall not be liable fo r a ny of these costs.

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10 Informed Proposer
Proposers are e xpected to fully in form themselves as to the co nditions, requirements, and specifications before submitting Proposals. Failure to do so will be at proposer’s own risk and they cannot secure relief on the plea of error.

Proposal Errors
Proposer is liable for all errors or o missions incurred by Proposer in proposal. Proposer will not be allowed to alter proposal documents after the due date for proposal submission.

The City reserves the right to make corrections due to errors identified in proposal by the City or the proposer. This type of correction or amendment will only be allowed for errors as typing, transposition, or any other obvious er ror. Any changes will be date and time stamped and attached to proposal. All changes must be coordinated in writing with, authorized by and made by the Purchasing Manager.

Waiver of Minor Administrative Irregularities
The City reserves the right, at its sole discretion, to w aive minor administrative irregularit ies contained in any proposal.

Rejection of Proposal
The City reserves the right, as the intere st of the City requires, to reject any or all proposal, to waive any minor informality in proposal received, to reject any unapproved alternate proposal(s), and reserves the ri ght to rejec t the proposal of any Proposer who has previous ly failed to perform competently in any prior business relationship with the City.

The rejection of any or all proposal shall not render the City liable for costs or damages.

Proposal Format and Submittal
All proposals must be submitted in writing on the enclosed request for proposal documents.

Proposal accepted by the City in writing constitute a legally binding contract offer. All materials submitted shall become a part of the proposal. Bidders are requi red to su bmit one (1) electronic media version copy of the Bid. Bids are to be submitted via PlanetBids no later than the stated proposal opening date and time.

Proposer shall complete and return all applicable documents inclu ding forms, spec ifications, drawings, schematic diagrams, and any technical and/or illustrative literature. The Purchasing Manager may deem a Proposer non-responsive if the Proposer fails to provide all required documentation and copies. Proposal must be signed by a dul y authorized officer eligible to sign contract documents fo r the proposer. Cons ortiums, joint v entures, or teams submitting Proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one Proposer or one legal entity. The proposal must identify the responsible entity.

Proposal shall be based only on the material contained in the RFP, pre- proposal conference responses, amendments, addenda, and other material published by the City relating to the RFP. The Proposer shall disregard any previous draft material and oral representations which may have been obtained from the Proposer.

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11 Proposal that are unnecessarily elaborate beyond what is suffi cient to present a complete and effective proposal are not desired.

The i nformation requested and the manners o f submission are ess ential to permit prompt evaluation of all proposals on a fair and uniform basis. Accordingly, the City reserves the right to declare as non -responsive and reje ct any Proposals in which in formation requested is not furnished or where direct or complete answers are not provided.

The Proposer shall not change any wording in the RFP or associated documents. Any explanation or al ternative offer shall be submitted i n a letter attach ed to the f ront of th e proposal documents. Alternatives th at do not substantia lly meet the Cit y’s requirements cannot be con sidered. Proposals offered subject to conditions or limitations may be reject ed as non-responsive.

Submitting Proposals
a) Submittal Deadline: Proposals must be submitted via the City’s onlin e bidding system.

Bids may be submi tted by hand, by courier, or any other method specified herein. (if applicable)
b) Responsibility: Proposers a re solely responsible for ensuring t hat their Proposals are received by th e City in accordance with the solicita tion requirements, b efore submittal deadline, and at the place specified. The City shall not be responsible fo r any delays in mail, or by commo n carriers, or by transmission error s, or delays, or mistaken delivery.

Delivery of proposals shall be made at the office specified in the Request for Proposal.

Deliveries made before the submittal deadline, but to the wr ong City office will be considered non-responsive unless re-delivery is made to the of fice specified before the submittal deadline.
c) Extension of Submittal Deadli ne: The City reserv es the right to extend the submittal deadline when it is in the best interest of the City.
d) Addendums: All addendums will be posted via PlanetBid s; bidders are en couraged to check periodically for any updates.
e) Email/Facsimile Transmissions: Proposals may N OT be subm itted by email or facsimile, unless otherwise specified herein.
f) Forms: To be considered for award, each proposal shall be made on forms furnished by the City.
g) Late Proposals: The submittal deadline IS FIRM. Proposals will NOT be accepted after the submittal deadline.
h) Signature: To be considered for award, each proposal shall be signed by an authorized representative of the Proposer.

Proposals Property of City/Proprietary Proposal Material All Proposals submitted in response to this RFP shall become the property of the City of Rialto, and subject to the State of Califor nia Public Records Act. Proposers must identif y all copyrighted m aterial, trade se crets or ot her propri etary information that the Proposer claims are exempt from the California Public Records Act (California Government Code Section 6350 et seq). Sections claimed to be exempt for publ ic disclosure sho uld be clearly iden tified as such.

In the ev ent a Proposer claims such an exemption, the Proposer is required to state in the PROPOSAL the following : “The Proposer will indemnify the City and its officers, employees

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12 and agents, and hol d them harmless f rom any claim or lia bility and defend any action brought against them for their refusal to dis close copyrighted mate rial, trade secr ets or other proprietary information to any person making a request thereof.”

Failure to identify sections exempt from disc losure and to includ e su ch a statemen t shall constitute a waiver of a Proposer’s right to exemption from this disclosure.

Proposal Acceptance Period
Unless otherwise stated, Proposals shall be irrevocable for a period of 90 days following the PROPOSAL opening date.

Multiple Proposals
Proposers intere sted in s ubmitting more than one proposal may do so, providing each proposal stands alone and independently complies with the instructions, conditions, and specifications of the RFP.

California State Board of Equalization Permit
Proposer shall enter the company’s State of California Board of Equalization permit number on the PROPOSAL form. If the company does not have this permit, the Proposer shall sign the proposal form declaring that the company has no California sales tax permit.

Applicable Laws
Selected Proposer is required to comply with all e xisting State, Federal , and Local laws . If Proposer outsources any work or job to a sub -Proposer, it will be the p rime Proposer’s responsibility to ensure that all sub-Proposers meet the requirements as stated in this RFP.

Withdrawal of Proposal
Proposer may withdraw proposal in writing at any time prior to the specified proposal due date and time. A written request signed by an authorized repre sentative of the Proposer must be submitted to the Purchasing Manager or appropriate email sent to [email protected] .

After withdrawing a previously submitted proposal, the Proposer may submit another proposal at any time up to the proposal closing date and time.

Proposer agrees that failure on its part to list all cost components related to the service will not be accepted by the City as an acceptable justification to re -quote th e proposal. Proposer acknowledges that the original proposal and costs provided stand. However, Proposer has the option of withdrawing a proposal at any time until closing date and time of RFP.

Lowest Ultimate Cost and Best Overall Value to the City of Rialto A final contr act will be awarded to the highest ra nked competitively priced an d qualifi ed Proposer. Although price is of pri me consideration, it is not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified proposal. The determination of the most qualified and most comp etitively priced proposal may involve all or some of the f ollowing f actors: price, t horoughness of the proposal package, previous experience and performance; conformity to specifications; financial ability to fulfill the contrac t; ability to mee t Specifica tions/Scope of Work; terms of payment; compatib ility, as r equired; number of sub -Proposers the main Proposer may need to employ for outsourced work; other costs; and other objective and accou ntable factors which are reasonable. The City reserv es

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13 the right to select a Proposer to perform all of the wo rk identified in the RFP, or only sel ected portions based on price and/or other factors.

Proposal Protests
All protests con cerning the award, e valuation, recommendation, or other a spect of the selection/ proposal process must be made in writing, signed by an individual authorized to bind the Proposer contractually and financially, and contain a statement of the reason(s) for th e protest; citing th e law, rule, regulation, or procedur es on which the p rotest is b ased. The protester must provide facts and evidence to support the claim.

All protests must be mailed to:

City of Rialto
Purchasing Division
150 S. Palm Avenue
Rialto, CA 92376
Attn: Purchasing Manager

All protests must be received by the Purchasing Manger as s oon a s possible and will be addressed in writing within 5 City business days.

Execution of Notice of Award
A response to this RFP is an offer to contract with t he City based upon t he terms, conditions, service level agreements, and specifications contained in the RFP.

A contract will be fo rmed when t he Purchasing Manager aw ards the contract to the selected bidder(s) by creation of a Purchase Order.

Modifications/Change Orders/Amendments
Any adjustments, alterati ons, ad ditions, del etions, or modifications in the terms and/or conditions of r esultant agreement must be made by written change order approved by the Purchasing Manager, and the Contractor.

The City shall neither pay for nor be obligated to accept any mo difications perform ed by consultant without a written change order.

Permits/License
It is the res ponsibility of t he Bidder to provide any permits/licenses which may be required of Local, State, or Federal regulations at no cost to the City.

Cooperative Purchasing
The City desires that the price s, terms, and conditions contained in any agreement resul ting from this R FP shall be offered to any other government agency. The proposer shall state in the proposal if willing to a llow such cooperative purchasing. Any r esulting coo perative purchasing sh all b e between the consultant and gove rnmental agency desiring such cooperative purchasing, if specifications are similar, and the agreements are reached within a year of original proposal.

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14 Record and Audit Rights
The consultant shall maintai n records and books of account showing all costs and expenses incurred by the consul tant for the contract. The City shall have the right, upon reasonable notice, to audit the books, records, documents, and other evidence and the account ing procedures and practices, where needed, to verify the cos ts and expenses claimed. The City retains this right for at least three years after final payment and until all disputes, appeals, litigation, or claims have been resolved. This rig ht to audit shall also include inspection at reasonable times of the cons ultant’s office or facilit ies which are en gaged in the performance of the contract. In addition, the consultant shall, at no cost or expense to the City, furnish reasonable facilities and assistance for such an audit.

Upon request, consultant shall also provide copies of documents applicable to this contract.

The audit findings shall, to the extent allowed by law, be treated by the City as confidential.

Permits/License
It is the responsibility of the Proposer to provide any permits/licenses which may be required of Local, State, or Federal regulations at no cost to the City.

Price Changes
Prices quoted shall remain unchanged fo r th e duration of the resultant agreeme nt, unless agreed upon by both parties.

Hold Harmless Clause
The Proposer shall, during the terms of the contract including any warranty period, indemnify, defend, and hold harmless the City, it’s officials, employee s, agent s, and representatives thereof from all sui ts, actions, or cla ims of a ny kind, including attorney’s fees , brought on account of an y personal injuries, damages or violations of rights sustained by any person or property in consequence of any neglect in safeguarding contract work, or on a ccount of an y act or omission by the consultant or his employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulations or decree. The Proposer agrees that this clause shall include claims involving infringement of patent or copyright.

Safety
All C onsultant and subconsultants performin g services for the City ar e r equired an d s hall comply with all Occupational and Health Administration (OSHA), State and County Safety and Occupational H ealth Standards, and any other applicable r ules and regulation s. Also, all Consultants and subconsultants shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons o r proper ty within and around the work site area under this contract.

Severability
In the event that any provisi on shall be adjudged or d ecreed to be invalid, such ruling shall not invalidate the entire agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding, and in full force and effect.

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15 Non-Collusion Affidavit
Proposer shall declare that the only persons or parties interested in the proposal as principals are those named therein; tha t no officer, agent, or employee of t he City of Rialto is personally interested, directly or indirectly, in th e proposal; that the prop osal is made wit hout connection to any other individual, firm, or corporation making a proposal for the same work; and th at the proposal is in all respects fa ir and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

Workman’s Compensation Certificate
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by secur ing a certific ate of consent to self -insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the St ate Labor Code, the consultant shall sign a Compensation Insurance Certificate which is included with the Contract Agreement and submit same to City of Rialto along with the other required contract documents, prior to performing any work. Reimbursement fo r this requirement shall be co nsidered as included in the various items of work.

Insurance
Prior to the comme ncement of any services hereunder, Proposer shall provide to the City certificates of insurance with the C ity nam ed as additional insured. Such policies sh all be subject to a pproval by the City and shall require thirt y days notice to the City before any cancellation. Failure to furnish such evidence, if required, may be considered a default of the contract.
(1) Workers’ compensation insurance covering all employees of the Consult ant, in a minimum amount of $1 million per accident, effective per the laws of the State of California;
(2) Commercial general liability insurance covering third party liability risks, includ ing without limitation contractual liab ility, in a minimum amount of $1 million combined single limit per occurr ence for bodily i njury, p ersonal injur y, and property damage. If commercial general liability insurance or other form with a general aggregate limit i s used, either the general aggre gate shall apply separately to this project, or the general aggregate lim it shall be twice the occurrence limit;
(3) Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combin ed single limit per accident for bodily injury and property damage;
(4) Professional Liability in a minimum amount of $1 million per incident.

Termination
Subject to the provisions below, the contract may be terminated b y the C ity upon thirty (30) days advanc e written n otice to the other party; b ut if any work or service thereunde r is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the City until said work or services are completed and accepted.

a. Termination for Convenience

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16 In the event that this contract is terminated or cancelled upon request, and for the convenience of the City, without the required thirty (30) days advanced written notice, then the City shall negotiate reasonable termination costs, if applicable.

b. Termination for Cause

Termination by the City for caus e, default, or neglige nce on the part of the firm shall be excluded from the foregoing provision; termination costs, if any shal l not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.

c. Termination Due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subs equent fiscal year, the contra ct sha ll be cancelled and the consultant shall be reimbursed for the reasonable va lue of any non -recurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract.

Contractual Disputes
The Consultant shall give written notice to the Purchasing Manager of his intent t o file a claim for mon ey, or other relief at the time of the occurrence, or the beginning of the work upon which the claim is to be based.

The written claim shall be submitted to the Purchasing M anager no later than sixty (60) days after f inal payment. I f the cl aim i s not dis posed of by agreement, the Purchasing Manager shall reduce his/her decision to writing and mail or otherwi se forw ard a copy thereof to the Consultant within thirty (30) days of receipt of the claim.

The Purchasing Man ager’s decision shall be final unless the Consultant appeals within thirty (30) days by submitting a written letter of appeal to the City Admini strator, or designee. The City Administrator shall render a decision within sixty (60) days of receipt of the appeal.

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17 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

DIVERSITY BUSINESS STATEMENT

The City of Rialto encourages the maximum participation by sm all bus iness, Veteran-Owned small busi ness (VOSB) , Service -Disabled Veteran owned small business (SDVOSBC), HUBZ one small busine ss, Smal l Dis advantaged business (SDB/DBE), and Women-Owned small businesses (WOSB).

It is the policy of City of Rialto, to co nduct b usiness with the above stated businesses whenever possible to the maximum extent that is feasible.

The City of Rialto shall, within the limits of state statutes and regulations, pursue the award of a fair share of all contracts with minority busin esses and shall encourage and assist m inority businesses in the meth ods of conducting business with the City of Rialto.

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18 Small Business Concerns Information

The Proposer shall furnish the following information. Additional sheets may be attached, if necessary.

(1) Name: _________________________________________________________ (2) Address: _________________________________________________________ (3) Phone No.: ______________________________Fax No.:___________________________ (4) E-Mail: ________________________________________________________________ (5) Type of Firm: (Check all that apply)
______ Individual ______ Partnership ______ Corporation ______ Minority Business Enterprise (MBE) ______ Women Business Enterprise (WBE) ______ Small Disadvantaged Business (SDB) ______ Veteran Owned Business ______ Disabled Veteran Owned Business ______ Other (6) Business License: _____Yes _____No License Number: __________________________ (7) Tax Identification Number: ____________________________________________________ (8) Contractors License: State: License No. : ________________ Classification(s)____________

(9) Names and Titles of all members of the firm:
___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ (10) Number of years as a contractor in construction work of the type: ________________________ (11) Three (3) projects of this type recently completed:

Type of project: _______________________________________________________________ Contract Amount: ________________________ Date Completed: _______________________ Owner: ________________________________ Phone: _______________________________ Type of project: _______________________________________________________________ Contract Amount: ________________________ Date Completed: _______________________ Owner: ________________________________ Phone: _______________________________ Type of project: _______________________________________________________________ Contract Amount: ________________________ Date Completed: _______________________ Owner: ________________________________ Phone: _______________________________ (12) Person who inspected the site of the proposed work for your firm:

Name: __________________________________ Date of Inspection: ______________________

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19 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

LOCAL BUSINESS PREFERENCE

A. All notices inviting Proposals or requests for proposal issued by the City shal l state that the City applies a local business preference and that qualified local businesses may submit an application for a local business pre ference together with its PROPOSAL or proposal except for notices in viting proposals for public projects as defined in Public Co ntract Code Section 20181.

B. Qualified local businesses may submit an application for a local business preference on the form prepared by the purchasing manager. The application shall require the business, or agent thereof, to submit the f ollowing notarized information on the attached form under penalty of perjury:

1. Its qualifying office, place of business or distribution poin t within the City and the time it has been located at such location;

2. The total number of its employees as o f the date of the application with adequate proof as determined by the purchasing manager;

3. The number of employees that reside in the city and the time they have resided in the city with adequate proof as de termined by the purchasing manager;

4. Its consent to permit the city to reduce its original proposal pursuant to this chapter not to exceed five percent of its original proposal; and

5. All such other information reasonab ly necessary for the purchasin g manager to provide information to the city council in order to determine the applicability of this chapter to award a contract for any public project, purchase or service.

(Ord. No. 1496, § 1, 12-13-11)

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20 I certify that my company meets all the following qualifications to be eligible for the local vendor preference:

(1). That my company maintains an office within the legally defined boundaries of the City of Rialto and have a majority of full time employees, chief officers, and managers regularly conducting work and business from these offices.

(2). That my company has held a valid City of Rialto Business License for a consecutive period of at least two (2) years prior to the date for application for certification.

I make this certification with the full knowledge that should any information provided prove to be false, that my company could be excluded from bidding on City of Rialto requirements for a period of two (2) years.

Company Name: _____________________________________________________ Address: ____________________________________________________________ Type of Products or Services: ___________________________________________ Business License Number: _____________________________________________ Phone Number: ______________________________________________________ Owner’s Name: ______________________________________________________ Total number of employees_______ Total number of employee that reside in the City_______
Pursuant to Chapter 2.47 of the Rialto, California Municipal Code I consent to permit the City to reduce my original proposal amount, not to exceed five percent of the original proposal #21-053 Fire Apparatus Preventative Maintenance Program: Yes ________ No ________

_________________________________ ____________________________ Owner’s Signature Printed Name

To be completed by Authorized City of Rialto Representative: Vendor Certified:

____________________________________ Date: ______
Certification Statement
Local Vendor Preference
Notarization Required

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21 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES

CONTRACTING WITH THE CITY OF RIALTO

Pursuant to City of Rialto Code of Ordinances Section 2.48.145, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity.

• A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Code of Ordinances Section 2.48.140 (attached here).

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee
or Consultant
Relationship Between the
Two

By submitting [this application/proposal], or supplying any goods or services to the city, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the city] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section 2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Person/Entity:

By:

Name:

Title:

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22 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

DISCLOSURE OF PROPOSAL CONTENTS

The proposals may be kept confidential until a contract is a warded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on whi ch the offeror has stamped or imprin ted “proprietary” or “confidential” subject to the following requirements.

Proprietary or confidential data shall be readily separ able from the proposal in order to fa cilitate eventual public ins pection of the non -confidential port ion of the proposal. Confidential da ta is normally restricted to c onfidential financial information conc erning the offeror’s organization and data that qualifies as a trade secret. The cost of services proposed shall not be designated as proprietary or confidential information.

If a r equest is received for disclosure o f data for which an offeror has made a written request for confidentiality, the Purchasi ng Manager shall examine the offeror’ s request and make a written determination that spec ifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the discl osure, the proposal will be so disclo sed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

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23 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

PROPOSER SIGNATURE DECLARATION

The undersigned hereby offers and agrees to furnish the goods and services in compliance with all the service level requirements, instructions, specifications, and any amendments contained in this RFP document and any written exceptions in the offer accepted by the City.

This proposal is genuine, an d not sham or collusive, nor made in the interest or on behalf of any person n ot herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; and the Proposer has not in any manner sought by collusion to secure for themselves an advantage over any other Proposer.

Each proposal must be signed on behalf of the Proposer by an officer authorized to bind the Proposer to the proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and I agree to the terms and conditions in this proposal.

_______________________________ _____________________________________ Company Name Signature of Authorized Person

_______________________________ _____________________________________ Address Printed Name

_______________________________ _____________________________________ City State Zip Code Title

_______________________________ _____________________________________ City of Rialto License Number Date

The Proposer hereby acknowledges receipt of and agrees this submittal is based on the RFP and the following addenda. Failure to indicate receipt of addenda may result in the Proposer being rejected as non-responsive.

ADDENDUM #_________DATED_________ ADDENDUM # ________DATED_______

ADDENDUM #_________DATED_________ ADDENDUM # ________DATED_______ (If additional addenda are issued, attach a complete listing of these addenda when submitting this PROPOSAL.)

No PROPOSAL

In order to help us improve our internal processes and become a better customer, if you are not submitting a PROPOSAL, please state the reason(s) why and return this page to the Purchasing Manager.

___________________________________________________________________________________

___________________________________________________________________________________

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24 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

STATEMENT OF REFERENCES

List and describe fully the last four contracts performed by your firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1

Customer Name: ______________________________________________________________ Contact Individual: _________________________________ Phone No: __________________ Address:_____________________________________________________________________ Contract Amount: _____________________________ Year: _________________________ Description of work done:________________________________________________________

Reference No. 2

Customer Name: ______________________________________________________________ Contact Individual: _________________________________ Phone No: __________________ Address:_____________________________________________________________________ Contract Amount: _____________________________ Year: _________________________ Description of work done:________________________________________________________

Reference No. 3

Customer Name: ______________________________________________________________ Contact Individual: _________________________________ Phone No: __________________ Address:_____________________________________________________________________ Contract Amount: _____________________________ Year: _________________________ Description of work done:________________________________________________________

Reference No. 4

Customer Name: ______________________________________________________________ Contact Individual: _________________________________ Phone No: __________________ Address:_____________________________________________________________________ Contract Amount: _____________________________ Year: _________________________ Description of work done:________________________________________________________

Please list all City of Rialto projects (if any) completed with in the last five (5) years.

Project Name: _____________________________________________________________________ Contact Individual: _________________________________ Phone No: _________________________ Project Location:______________________________________________________________________ Contract Amount: ______________________________________ Year: _______________________ Description of work done:_______________________________________________________________

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25 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

PROPOSERS BACKGROUND INFORMATION

Proposers Information

Proposer’s Contact Name: _________________________________________

_________________________________________

Contact Title: _________________________________________

_________________________________________

Mailing Address: _________________________________________

_________________________________________
Location of Business
(if different from mailing address): _________________________________________

_________________________________________

_________________________________________

Telephone Number: _________________________________________

Pager Number: _________________________________________

24 Hour Tel. Number: _________________________________________

Fax Number: _________________________________________

E-Mail Address: _________________________________________

Remittance Address: _________________________________________ (if different from mailing address):
_________________________________________

Number of Years in Business: _________________________________________

Applicable State of California License #(s): _________________________________________

Expiration Date(s): _________________________________________

Proposer’s Dunn and Bradstreet
‘DUNNS: NUMBER: _________________________________________

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26 Customer References
The proposer m ust submit a mi nimum of four (4) non-proposer owned customer references who se services have been provided for or used by the proposer within the last twenty -four (24) months. Services provided to these cus tomers must be of comparable size and similar in s cope to the Cit y’s requ irements within this proposal.

Include the following for each reference:

Company Name:

Name of Contact:

Title of Contact:

Address:

Telephone number of Contact:

Dates and types of service(s) provided

The City may, at its option, contact other known proposer’s customers for references.

Business Organization
Proposer shall provide an overview of the entity submitting this RFP including the following information:

Brief history and description of entity;
Date entity was established and location of entity when established; Location of headquarters;
Total number or employees;
Organization chart indicating the positions and names of the core management team which will undertake this project;
Resumes for all core team members.

Proposed Subconsultant Information
If applicable to the proposal, the following information must be provided for each proposed su bconsultant.

Attach and submit this information with this proposal. If subconsultants will not be utilized, so indicate.

Subconsultant’s name, mailing address, phone number
Subconsultant’s contact name, title, phone number
Subconsultant’s status as a minority/woman owned business enterprise, if applicable
Subconsultant’s City of Rialto business License
Description of work to be subcontracted
Reason(s) for subcontracting
Percentage of total contract to be subcontracted

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27 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053
STATEMENT OF PROPOSER’S QUALIFICATIONS

STATE OF CALIFORNIA, COUNTY OF___________________________________________ I am the of _______________________________________________________________________ , the Proposer herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true.

Excecuted on _________________________ at _______________________, California (date) (place)

I declare, under penalty of perjury, that the foregoing is true and correct.

________________________________
Signature of Proposer

________________________________
Title

________________________________
Signature of Proposer

________________________________
Title

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28 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053
STATEMENT OF PROPOSER’S PAST CONTRACT DISQUALIFICATIONS

Pursuant to Section 10 162 of the Public Contract Code the Proposer shall state whether such Proposer, any officer or employee of such Propo ser who has a proprietary interest in such Propose r has ever been disqualified, removed , or otherwis e prevented fro m pr oposing on, or compl eting a Federal, State or Local Government Project because of a violation of law or a safety regulation; and if so, explain the circumstances.

If the Proposer has had a contract terminated for default, all such incidents must be described. Termination for default is defined as notice to st op performance due to the Proposer’s non -performance or poor performance and the issue was either no litigated; or litigated and su ch litigation determined the Proposer to be in def ault.

Submit f ull details of all termi nation(s) for default experienced by the Pro poser including the other party’s name, address and telephone number. Pr esent the Proposer’s position on the matter. The City will evaluate the facts and may, at its sole discretion, rej ect the Proposer’s proposal if the fact discovered indicates the completion of a contract resulting from the RFP may be jeopardized by selection of the Proposer.

If no such termination for default has been experienced by the Proposer in the past five years, so indicate.

1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare? Yes □ No □

2. If yes, explain the circumstances. Attach additional pages if necessary.

Executed on ___________________ at _______________________, California.

I declare, under penalty of perjury, that the foregoing is true and correct.

Signature of Authorized Representative

Printed Name

Title

Company Name

Date Signed

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29 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS

As suppliers of goods or services to the City of Rialto, the firm listed certified that it does not discriminate in its employment with regard age, handicap, race, color, religion, sex, or national origin; that it is in compliance with all federal, state, local directives, and executive orders regarding non -discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle o f equal emplo yment opportunity in employment. Every bidder in violation of this section is subject to all penalties imposed for violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in accordance with the provisions of Section 1753 thereof.

We agree specifically:

1. To establish or observe employmen t p olicies which affirm atively promote opportunities for minority persons at all job levels.

2. To communicate t his policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority com munities at large.

3. To take affirmative steps to hire minority employees within the company.

Signature of Authorized Representative

Printed Name/Title

Company Name

Address

City, State, Zip Code

Date Signed

Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

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30 CITY OF RIALTO
REQUEST FOR PROPOSAL #21-053

NON-COLLUSION AFFIDAVIT

State of California )
County of _______________) SS.

_________________________________being first duly sworn, deposes and says that he or she _______ is of ____________________________________the party making the foregoing proposal that such proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal,and has not directly or indirectly colluded, conspired, co nnived, or ag reed with any proposer or any one else to put in sham proposal, or t hat anyone shall re frain from proposing; that the proposer has not in any manner, direc tly or indirectly, sought by agreement, commincation or conference with anyone to fix the proposal price of said proposer or of any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interest ed in the proposed contract; that all statements contained in the proposal are tr ue; and, further, t hat said proposer has not directly or indirectly, submitted his or h er proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any f ee to any corporati on, partnership, co mpany association, organization, proposal depository or to any member or agent thereof, to effectuate a collusive or sham proposal.”

_______________________________ __________________________________ (Date) (Signed at (Place)

_______________________________ __________________________________ Proposer Name Authorized Representative
(Person, Firm, Corp.)

______________________________ __________________________________ Addres Representative’s Name

_______________________________ __________________________________ City, State, Zip Code Representatives’ Title

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31 SAMPLE SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO AND

NAME OF VENDOR
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this XX day of Month, Year by and between the City of Rialto, a municipal corporation (“City”) , and Consultant, a State corporation (“Consultant”). City a nd Consultant are so metimes ind ividually referred to as “Party” or collectively as “Parties”.

RECITALS

A. City has determined it is in the public’s interest to contract for certain services whic h are necessary or convenient to the exercise of its powers.

B. City has sought, by issuance of Request for Proposal (RFP) for Type of Services, RFP #21-053 Fire Apparatus Preventative Maintenance Program, the performance of the services defined and described particularly in Article 1 of this Agreement.

C. Following the submission of a proposal for the performanc e of the services defined and described particularly in Art icle 1 of this Agreement, Contractor was selected by the City to perform those services.

D. Pursuant to Chapter 2.48 of the Rialto Municipal Code, Ci ty has authority to enter into and execute this Agreement.

E. The Parties desire to formalize the selection of Contractor for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in c onsideration of the mutual promises and covenants made by the Parties and contained here in and other consideration, the value and adequacy of which a re hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, Contractor shall provid e those services specified in the “ Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement for City to enter into thi s Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities ne cessary to properly perform the services required under thi s Agreement in a thorough, competent, and professional manner, it meets all local, state , and federal requirements in performing the services, and it is experienced in performing the work and

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32 services contemplated herein. Contractor shall at all times fa ithfully, competently, and to the best of its ability, experience, and talent, perform a ll services described herein. Contractor covenants that it shall follow the high est professional standards i n performing the wor k and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes o f this Agreement, the phrase “highest professional standards” shall mean those st andards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

This Agreement shall include the Request for Proposal (“Contract Documents”), and the Scope of Work shall includ e Consultant’s scope of work . The Contract Docu ments shall be incorporated herein by t his reference as though fully set forth herein. In the event of any inconsistency betwe en the Contract Documents, and/or this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor s hall keep itself informed concerning, a nd shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rul es, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments.

Contractor shall obtain, at its sole cost and exp ense, such licenses, permits, and approvals as may be require d by law for the per formance of the services req uired by this Agreem ent. Contractor shall have the sole ob ligation to pay for any fees, assessments, and taxes, plus applicable penalties and inte rest, which m ay be imposed by law and arise from or are neces sary for the Contrac tor’s performance of the ser vices required by th is Agreement, and shall indemnify, defe nd, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the services should be perfo rmed, and (iii) fully unders tands the facilities , difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Co ntractor warrants that Contractor has or will in vestigate the site a nd is or will be fully acquainted with the condi tions there existing, prior to commence ment of services hereunder. If Contractor discovers any latent or unknown conditions th at will mater ially affect the performance of the services her eunder, then Contrac tor shall immediately inform the City of such fa ct and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

Contractor shall adopt reasonable methods during the lif e of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, docu ments, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to

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33 persons or property, until acceptance of the work by City, ex cept such losses or damages as may be caused by City’s own negligence.

1.7 Prevailing Wages.

Contractor is aware of the requirements of Californ ia Labor Code Section 1720, et seq. and 1770, et seq., as wel l as California Code of Regulations, Title 8, Se ction 1600, et seq., (“Prevailing Wage Laws”), which requir e the payment of prevailing wage rates and the performance of other requirements on “Pub lic Works” an d “Maintenance” projects. It is the understandi ng of City and Consultant that the Prevailing Wa ge Laws do not apply to this Agreement because the Agreemen t does not involve any services subject to prevailing wage rates pursuant to the Califor nia Labor Code or regulations promulgated thereunder. Contra ctor shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.8 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all inst ruments, prepare all documents, and take all actions as may b e reasonably necessa ry to carry out the purposes of this Agreement. Unless specified in this Agreement, ne ither Party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the C ontractor, describing in detail the extra work or change an d the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Su m for the act ual cost of the extra work or change, and/or (ii ) the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or an amount not to exceed a total contract sum of Fifteen Thousand Dollars ($15,000), whichever is less, or any in crease in the time t o perform of up to one hundred eighty ( 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately o r cumulatively must be approved by the City Coun cil.

Payment for additional services rendered b y Contractor under t his Agreement requires the submission of the actual costs of Contractor’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Secti on shall not apply to services specific ally set forth in the Scope of Work .

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming tha n Contractor anticip ates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

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34 No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. The tota l compensation, shal l not exceed Contract Amount Written Out Dollars and Cents ($XX,XXX.XX), the “Contract Sum”, unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upo n completion; (ii) payment in accordanc e with specified tasks or the percentage of completion of the services; (iii) payment fo r time and ma terials based upon the Contractor’s rates as spe cified in the Schedule of Compensation, provided that time estimates are provided for the performance of su b tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specif ied in the Sc hedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for ac tual and necessary e xpenditures for reproduction costs, tel ephone expenses, and travel expenses approved by the Contract Officer in advance, or act ual subcontra ctor expenses of an approved subcontractor pursu ant to Section 4.5, and only if specified in the Schedule of Compens ation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed n ecessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facili tate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contrac tor shall furnish to City an original invoice fo r all work performed and expenses incurred during the prece ding month in a form approved by City’s Director of Finance. By submitting an invoice f or payment un der this Agreement, Contractor is certifying com pliance with all provisions of the Agreement. T he invoice shall det ail charges for all necessary and actua l expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-

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35 contractor contracts. Sub -contractor charges shall also be detailed by such catego ries. Contractor shall not invoice City for any duplicate services performed by more than one person.

City may independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance w ith the provisions o f this Agreement.

Except as to any cha rges for work performed or expenses incurred by Contractor which are di sputed by City, o r as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within thirty (30 ) days of receipt of Contractor’s correct and undisputed in voice; however, Contractor acknowledges and agrees that due to City war rant run procedur es, the City cannot guarantee that payment will occur within this time period. In the event any charges or e xpenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

2.5 No Waiver.

Review a nd payment by City to Contractor of any invoice for work perf ormed by Contractor pursuant to this Agreement s hall not be deemed a waiver of any defects in work performe d by Contractor or of any rights or remedies provided herein or any applicable law.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice t o proceed and sha ll perform al l services within the time period(s) established in the agreement.

3.3 Force Majeure.

The time p eriod(s) specified i n the Schedule of Performance for perfo rmance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor, including, but n ot restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall, within ten (1 0) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain t he facts and the extent of delay and extend the time for performing the services for the period of the enfo rced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance i n accordance with the procedures set forth in Se ction 1.9. The Cont ract Officer’s determination shall be f inal and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay i n the performance of this Agreement, however cau sed, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

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36 3.4 Term.

Unless earlier terminated in accordance with Ar ticle 7 of th is Agreement, the term of this Agreement shall c ommence on Date. Unless earlier termi nated under the terms of this agreement, this agreement shall continue in full force and effect for one (1) year, until Date. At the sole discretion of the City of Rialt o, upon written notice(s) to the Contractor, the term of this agreement may be extended for Number (X) additional one year (1) terms. Said notice shall be delivered prior to Date, for the final one (1) year extension, If granted. In no event shall the te rm of this Agreement extend beyond Date. (include if applicable) ) Compensation for s ervices rendered during the additional term shall be at the same rate as the initial term of this Agreement, unless the Parties mutually agree in writing to adjust the compensation for the additional term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Con tractor authorized to act in its behalf with respect to the w ork specified herein and make all decisions in connection there with: Contractor Name Title
(Name) (Title)

Name Title
(Name) (Title)

It is expressly understood that the experience, knowledge, c apability, and reputation of the foregoing Principals were a substantial inducement for City to enter into th is Agreement. There fore, the Principals shall be responsib le during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services her eunder. All personnel of Contractor, and any au thorized agents, sha ll at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be r eplaced nor may their responsibilities be substa ntially reduced by Contractor without the expres s written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stab ility and continuity of Contractor’s staff and s ubcontractors, if any, assigned to perform the services req uired under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and su bcontractors, if any, assigned to perform the se rvices required under this Agreement, prior to a nd during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Contractor, Contractor shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract o r otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by

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37 City. Contractor s hall not at a ny time or in any manner represent that Contract or or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or ag ents, shall o btain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager, or other such person designated by the C ity Manager. It shall be the Contractor’s respo nsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer an y decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of t he Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the C ity nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the service s required herein, except as otherwise set forth herein. City shall have no voice in the selection, discha rge, supervision or control of Contractor’s employees, servants, representatives, or age nts, or in fi xing their number, compensation, or hours of ser vice. Contractor shall perform all services req uired herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligatio ns as are con sistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner o f Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition against Subcontract or Assignment.

The experience, knowledge, capability, and reputation of Contractor, its principals and em ployees were a substantial inducement for the City to enter i nto this Agreement. Therefore, Contractor shall not contract with a ny other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In additio n, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypoth ecated, or encumbere d voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transf ers restricted hereunder shall include the trans fer to any person or group of persons acting in concert of more than twenty five percent (25%) of the prese nt ownership and/or control of Contractor, taking all transfers into account on a cumula tive basis. In the event of any such unapproved transfer, in cluding any bankruptcy proceeding, this Agreemen t shall be void. No approved transfer shall release the Co ntractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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38 The Contractor shall procure and maintain, at its sole cost and expense, in a for m and content satisfactory to City, during the entire term of this Agreement including a ny extension thereof, the following policies of insurance whi ch shall cover all elected and appointed officer s, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Contractor and the C ity against any loss, claim, or damage arising f rom any inj uries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying o ut the work o r services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) incl uding “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars. (d) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This co verage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or re lated to serv ices performed under this Agreement. The insura nce must be maintained for at least 5 consecutiv e years fol lowing the completion of Contractor’s services or the termination of this Agreement. During this additional 5 - year period, Contractor s hall annually and upon request of the City submit written evi dence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Contractor shall include all s ubcontractors as insureds under its policies or shall furnish separate certificates and certified endorsement s for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be prima ry insurance and shall name the City, its elected and appoi nted offi cers, employees, and agents as addition al insureds, and any insurance maintained by City or its officers, employees, or agents shall apply i n excess of, and not contribute with, Contractor ’s insurance. The insurer is deemed hereof to w aive all ri ghts of s ubrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insur ed does not satisfy the self - insured retention, any additional insured may satisfy the self -insured retention. All of said policies of

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39 insurance shall provide that said insurance may not be amen ded or cancel led by the insurer or any Party hereto without p roviding thirty (30) days prior written notice b y certified mail ret urn receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior t o the cancell ation date, submit new evidence of insurance in conformance with Section

5.1 to the Contract Off icer. No w ork or se rvices under this Agreement shall comme nce until the Contractor has provided the City with Certificates of Insurance or appropr iate insuranc e binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to insp ect complete, certified copies of all required insurance policies at any time. Any fail ure to comply with the reporting or other provisions of the p olicies including breaches or warranties shall not affect coverage provided to City.

City, its respective e lected and appointed officers, directors, officials, employees, agents and volunteers ar e to be cover ed as additional insureds as respects: liabilit y arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed b y Contractor. The coverage shall contain no special limitati ons on the scope of protection afforded to City, and their respective elected and appointed officers, offic ials, employees or volunteers. Contractor’s insurance shall apply separately to each in sured against whom claim is made or suit is brought, except w ith respect to the limits of the insurer’s liability.

Any deductibles or self -insured retentions must be de clared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appoin ted officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Cont ractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the e xtent to which the Contractor may be held responsible for the payment of damages to any persons or pr operty resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.

In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, th e contract between t he Contractor and such subcontractor sh all require the subcontractor to maintain the same policies of insurance that the Contra ctor is requi red to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitte d by law, Contractor agrees to indemnify, defend, and hold harmless the City, its office rs, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or reg ulatory claims, damages to persons or p roperty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or th reatened (herein “claims or liabilities”) that m ay be asserted or claimed by any p erson, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Contractor, its of ficers, employees, agents, subcontractors, or invitees, or an y individual or entity for which C ontractor is l egally liable (“inde mnitors”), arising from Contractor’s re ckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:

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40 (a) Contractor will defend any action or a ctions filed in connection with any of said claims or liabilities and will pay all costs and expenses , including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any j udgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in c onnection wit h the negligent performance of or failure to per form such work, operations or acti vities of Cont ractor hereunder; an d Contractor agrees to save and hold th e City, its officers, agents, and employees harmless therefrom;
(c) In the event the Cit y, its office rs, agents or employees is made a party to any action or proceeding filed or prose cuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, opera tion or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the Cit y, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monit or compliance with these provisions shall not be a waiver her eof. This indemnification includes claims or li abilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of prof essional serv ices hereunder. The provisions of this Section do not apply to claims or liabilit ies occurring as a result of City’ s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilit ies resulting in part from City’s negligence, except that des ign professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obl igation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer or Surety.

Insurance requir ed by this Agreement shall be satisfactory only if issued by companies qualified to do b usiness in Ca lifornia, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Gu ide or in the Federa l Register, and only if they are of a f inancial category Class VII or better, unless such requirements are waived by the Risk M anager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues f or more than 3 years duration, or in the event the Risk Manager determine s that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees th at the minimum limits of the insur ance policies may be changed accor dingly upon receipt of written notice from the Risk Manager Consultant.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontracto rs to keep, such ledgers books of accounts, invoices, vouchers, canc eled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall

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41 be necessary to perform the services required by this Agre ement and enable the Contract Offi cer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and deta iled. The Contract Officer shall have full and free access to such books and records at all times during n ormal business hours of City, including the right to inspect, copy, audit and make recor ds and transc ripts from such records. Such records shall be maintained for a period of 3 years following completion of the servi ces hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records ma y be given to City, and access shall be provided by Contractor’s successor in interest.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contrac tor hereby acknowled ges that the City is greatly conc erned about the cost of work and services to be performed pursuant to this Agreement. For thi s reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or even ts that may or will materially increase or decrease t he cost of the work or services contemplated herein or, if Contractor is providing design serv ices, the cos t of the project being designed, Contractor shal l promptly notify the Contract Officer of said f act, circumstance, t echnique or event and the estimat ed inc reased or decreased cost related thereto and, if Contractor is providing design services , the estimat ed increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All original drawings, specifications, maps, desi gns, p hotographs, studies, surveys, data, notes, computer files, reports, records, documents a nd other mate rials (the “documents and materials”) prepared b y Contractor, its employees, subcontractors and agents in the perfor mance of this Agreement shall be the pr operty of City and shall be delivered to City upon request of the Contract Officer or up on the termin ation of this Agreement, and Contractor shall ha ve no claim for further employment or additional compensation as a r esult of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunde r. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted doc uments without speci fic written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, reu se or assignment. Contractor may retain copies of such documents fo r its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for ass ignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performan ce of this Agreement shall be considered confide ntial, unless such i nformation is in the public domai n or already known to Contractor. Contractor shall not release or disclose any such informati on or work product to persons or entities other than City wit hout prior written authorization from the Contra ct Officer.

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42 (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Off icer or unles s requested by the City Attorney, voluntarily provide documents, declarations, letters of suppor t, testimony at depo sitions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer , empl oyee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor fo r any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall prompt ly notify Cit y should Contractor, its officers, employees, agents, or subcontractors be served with any summo ns, complaint, subpo ena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court ord er or subpoen a from any party regarding this Agreement and th e work performed there under. City retains the right, but has no ob ligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to coopera te fully with City and to provide City with the opportunity to review any response to discovery requests prov ided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be int erpreted, construed, and governed both as to validity an d t o performance of the Parties in accordance with the laws of the State of California. Le gal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the S uperior Court of the County of San B ernardino, State of California, or any other appropriate court in such county, and Contract or covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Con tractor for any work performed after the date of default. Instead, the City may give notic e to Contractor of the default and the reasons for the default. The notice shall include the timeframe in wh ich Contractor may c ure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. Duri ng the period of time that Contractor is in defa ult, the City shall hold all invoices and shall proceed with payment on the invoices only when the defau lt is cured. In the alternative, the City may, in its sole discretion, elect to pay some o r all of the outstanding invoices during the period of defaul t. If Contractor does not cure the default, the City may take neces sary steps to terminate this Agreeme nt under this Article. Any failure on the part of the City to give notice

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43 of the Contracto r’s default s hall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whethe r or not aris ing out of this Agreement) (i) any amounts the p ayment of which may be in dispute hereunder or w hich are necessary t o compensate City for any losses, co sts, liabilities, or damages suffered by City, and (ii) all amounts for which City may be l iable to thir d parties, by reason of Contractor’s acts or omi ssions in performing or failing to perform Contr actor’s obligation u nder this Agreement. In the event t hat any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may with hold from any paymen t due, without liability for interes t b ecause of such withholding, an amount sufficient to cover such claim. The failure of Ci ty to exercis e such right to deduct or to withhold shall not, however, affect the obligations of the Contract or to insure, indemn ify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, o r covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Ag reement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acce ptance by City of any work or services by Contra ctor shall not const itute a waiver of any of the provisi ons of this Agreement. No delay or omission in the exercise of any right or remedy by a no n-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except wi th respect to rights and remedies expressly decl ared to be exclusive in this Agreement, the rights and r emedies of the Parties are cumulative and the exercise by either Party of one or more of su ch rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may ta ke legal action, in law or in equity, to cure, correct, or remedy any default, to recover damage s for any default, to compel specific performance of thi s A greement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without caus e, upon thirty (30) days’ written notice to Cont ractor, except that where

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44 termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves t he right to terminate this Contract at any time, with or without cau se, upon sixty (60) days’ written no tice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determi ne. Upon receipt of any notice of termination, Contractor shall imm ediately cease all services hereunde r except such as may be specifically approved by the Contract Officer.

Except where the Co ntractor has initiated termination, the Contractor shall be e ntitled to compensation for all services rendere d prior to the effec tive date of the notice of terminati on and for any services authorized by the Contract Officer thereafter in accordance with th e Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section

7.3. In the event t he Contractor has initiated terminat ion, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of te rmination without cause pursuant to this Section , the terminating Pa rty need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may , after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or o therwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purp ose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a party to an y action or p roceeding in any way connected with this Agreeme nt, the prevailing Party in such action or proceeding, in addition t o any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney ’s fees shall include attorney’s fees on any appeal, and in a ddition a Party entitled to attorney’s fees shal l be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

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45 Contractor covenants that n either it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the inte rests of City or which would in any way hinder C ontractor’s performa nce of services under this A greement.

Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, emp loyee, agent or subcontractor without the expres s written consent of the Contract Officer. Cont ractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of int erest with th e interests of City in the performance of this Agreement.

No officer or employee of the City sha ll have any financia l interest, direct or indire ct, in this Agreement nor shall any such officer or employee participate in any decision relating t o the Agreement which effects his financial interest or the f inancial interest of any corporation, partnershi p or association in which he is, directly or ind irectly, in terested, in violation of any State statute or regulation. The Contractor warrants that it has not p aid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Additionally, pursuant to R ialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or it s officers or employees is related to any officer or employee of the City by blood or marriage within the thi rd degree which woul d subject such officer or em ployee to t he prohibition of California Government Sections 87100 et. seq., Fair Political Practice s Commission Regulation Section 18702, or Government Code Sec tion 1090. To this end, by approving this Agreement, Consultant att ests under penalty of perjur y, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relations hip, as described above, or financial interests, as such term is defined in California Governmen t Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

8.3 Covenant against Discrimination.

Contractor covenants t hat, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation o f any person or group of persons on account of r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performanc e of this Agr eement.

Contractor shall take affirmative actio n to ensure that applicants are employed and tha t employees are treated during employment withou t regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor he reby promises and agrees to comply with all of t he provisions of the Federal Immigration and Nat ionality Ac t, 8 U.S.C.A. §§ 1101, et seq ., as amended, and in connection therewith, shall not empl oy unauthoriz ed aliens as defined therein. Should Contractor so employ such unauthorized aliens for the perf ormance of work and/ or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthoriz ed aliens, Contractor hereby agrees to and shall reimburse Ci ty for the cost of all such liabilities or sanct ions imposed, together with any and all costs, including attorney’s fees, incurred by City.

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46 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Facilities and Equipment.

Except as otherwise provided, Contractor shall, at its own cost and expense, provide all facilities and equipment nece ssary to perform the service s required by this Agreement. City shall make available to Contractor only physical facilities suc h as desks, f iling cabinets, and conference space (“City Faci lities”), as may be reasonably necessary for Con tractor’s use while consulting with City employe es and revi ewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discr etion of City. In no event shall City be requir ed to furnish any fa cilities that may involve in curring any direct expense, including but not limited to computer, long distance telephone, network data, intern et, or other communication charges, vehicles, and reproduction facilities.

9.2 Payment of Taxes.

Contractor is solel y responsible for the paymen t of employ ment taxes incurred under this Agreement and any federal and state taxes.

9.3 Notices.

All notices or other communications required or permitted here under shall be in writing, and shall be personal ly delivered, sent b y pre -paid First Class U.S. Mail, regis tered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) bu siness days after the date of posting by the Uni ted States Post Office if by mail; or (iii) when sent if given by fa csimile. Any notice, reques t, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours b y letter mailed or delivered. Other forms of el ectronic transmission such as e -mails, text messages, instant messages are not acceptable manner s of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Rialto
150 S. Palm Ave.

Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527

To Consultant: Name, Vendor Name
Address
City, State & Zip
Tel: (XXX) XXX-XXXX
Fax: (XXX) XXX-XXXX

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47 Either Party may change its address by no tifying the o ther Party of the change of address in writing.

9.4 Interpretation.

The terms of this Agreement shall be construed i n accordance with th e meaning of the language used and shall not be construed for or against either Party by reason of the auth orship of this Agreement or any other rule of construction which might otherwise apply.

9.5 Counterparts.

This Agreement may be e xecuted in counterpa rts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment.

This Agreement in cluding the attachments hereto is the entire, co mplete and exclusive expression of the u nderstanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrang ements, agreements a nd understandings, i f any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modific ation of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Partie s agree that this re quirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability.

In the event that any one or more of the phrases, se ntences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidit y or unenforc eability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or secti ons of this Agreemen t which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant tha t (i) such Party is duly organized and existing, (ii) they ar e duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) t he entering i nto this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreeme nt shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]

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48 IN WITNESS WHEREOF , the parties hereto have execut ed this Agreement on the date and year first-above written.

CITY:

CITY OF RIALTO, a municipal
corporation

Deborah Robertson, Mayor

ATTEST:

Barbara A. McGee, City Clerk

APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN,
LLP

Eric S. Vail, Interim City Attorney

CONTRACTOR:

COMPANY NAME

By:

Name:

Title:

By:

Name:

Title:

Two signatures are required if a corporation.

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SCOPE OF WORK

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SPECIAL PROVISIONS

(If Applicable)
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SCHEDULE OF COMPENSATION
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Legislation Details (With Text)
File #: Version: 121-0428 Name:

Status:Type: Resolution Adopted
File created: In control:7/7/2021 City Council
On agenda: Final action:9/28/2021 9/28/2021
Title: Request City Council to 1) Approve a 3-Year Services Agreement with Kalmikov Enterprises, Inc., a California corporation, dba Fire Apparatus Solutions, in the Amount of $300,000 Annually for Repairs and Preventative Maintenance of Fire Apparatus.
(ACTION)
Sponsors:

Indexes:

Code sections:

Attachments: 1. RFP 21-053 Fire Apparatus Preventative Maintenance Program.pdf, 2. RFP 21-053 FAS PROPOSAL, 3. Services Agreement (Fire Apparatus Solutions) 4842-0350-1557 v.1 (002).pdf, 4. FAS Disclosure with Ordinance.pdf
Action ByDate Action ResultVer.

City Council9/28/2021 1
For City Council Meeting [September 28, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Sean Grayson, Fire Chief
Request City Council to 1) Approve a 3-Year Services Agreement with Kalmikov Enterprises, Inc., a California corporation, dba Fire Apparatus Solutions, in the Amount of $300,000 Annually for Repairs and Preventative Maintenance of Fire Apparatus.
(ACTION)

BACKGROUND
Fire Department apparatus is unique in function and design and requires specialized maintenance and repair procedures. Furthermore, because of the City’sneed to provide emergency services, it is imperative that this equipment is in top operating condition at all times. While the Fire Department utilizes the City of Rialto Fleet Maintenance Division for maintenance and repair of smaller vehicles (cars, trucks, SUVs, and ambulances) the larger fire apparatus equipment require specialized maintenance services. The Fire Department has historically contracted with an outside vendor to provide these services.

The Rialto Fire Department has used Fire Apparatus Solutions (FAS), a City of Rialto business (located at 1762 S. Sycamore Ave.), to provide repairs and preventative maintenance of fire apparatus (engines, ladder truck, rescue, and brush engine) since 2013 based upon competitive bid processes in 2013 and 2017. The current contract with FAS was approved with a maximum term of 5 years with an expiration of June 30, 2022
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Attachment: Rialto Agenda Report FAS 9-28-2021 (3582 : Contract Award - Fire Apparatus Solutions) File #: 21-0428, Version: 1
In anticipation of the expiration of the contract with FAS, the Fire Department determined to solicit a new competitive bid for these services.

ANALYSIS/DISCUSSION
The City Purchasing Division solicited requests for proposals for fire apparatus maintenance services (RFP 21-053), which closed on June 25, 2021. A copy of the RFP is included as Attachment 1.

Solicitation was electronically by planetbids, with the RFP emailed to 190 City registered vendors, and also electronically to 250 other vendors using planetbids in the southern California area, in accordance with the City’spurchasing regulations. On June 25, 2021, the City received one bid from FAS. A copy of the proposal submitted by FAS is included as Attachment 1.

The Fire Department has used FAS for repairs and preventative maintenance of fire apparatus since 2013. The Fire Department has received good overall service for both routine and emergency repairs and maintenance. FAS has been responsive to changes in the fleet and maintained currency in the maintenance and repair training for the current Fire Department fleet.

FAS is based in the City of Rialto and has recently acquired an additional facility in Rialto. Their location in Rialto provides for reduced travel for scheduled maintenance and enhanced timeliness in repairs. Based on these factors, staff recommends the contract be awarded to FAS. The contract term is a one-year contract with four (4) optional one-year extensions available at the City’sdiscretion by amendment approved by the City Manager. Under the proposed services agreement, maintenance services are provided at the following hourly labor rates:
· Preventive Maintenance: $85 / hour
· Repairs: $92.50 / hour
· Emergency Repairs: $108 / hour
· Roadside Service: $92.50 / hour
· Holiday Labor: $108 / hour
The maximum amount authorized annually for these services is $300,000. The services agreement amount matches the funds budgeted by the Fire Department in the fiscal year 2021-2022 budget for apparatus maintenance. A copy of the RFP is included as Attachment 3. A copy of the disclosure form for FAS is included as Attachment 4.

ENVIRONMENTAL IMPACT
The action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b) (5) of the CEQA Guidelines because the requested action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents. The proposed item supports the General Plan in the following areas:
5-3.1: Provide for fire personnel, equipment and fire stations to have adequate and appropriate resources to meet the needs and serve all areas of Rialto.

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Attachment: Rialto Agenda Report FAS 9-28-2021 (3582 : Contract Award - Fire Apparatus Solutions) File #: 21-0428, Version: 1

LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.

FINANCIAL IMPACT
Operating Budget Impact
Funds are budgeted and available in the Fire Department apparatus maintenance account, General Fund Account number 010-500-5150-2110 for the $300,000 services agreement.

Capital Improvement Budget Impact
There will be no impact to the Capital Improvement Budget for authorizing the proposed agreement.

Licensing
Fire Apparatus Solutions is a “localbusiness”as defined in the request for proposal operating under a current City of Rialto Business License. A completed vendor disclosure form is attached to the staff report.

RECOMMENDATION
Staff recommends that the City Council

1. Approve a 3-Year Services Agreement with Kalmikov Enterprises, Inc., a California corporation, dba Fire Apparatus Solutions, in the Amount of $300,000 Annually for Repairs and Preventative Maintenance of Fire Apparatus;

2. Authorize the City Manager to execute amendments to the Agreement to exercise the optional one year extensions upon determination of satisfactory service; and

3. Authorize the City Manager to execute the contract and any related documents.

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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of June 2022 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive , Colton, California 92234, County of San Bernardino, State of California (“City”) and Fire Apparatus Solutions a sole proprietorship with its principal place of business at 1762 South Sycamore Avenue, Rialto, CA 92376 (“Contractor”). City and Con tractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in p roviding vehicle maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project; Fire Department Vehicle Maintenance Contract.

City desires to engage Contractor to render vehicle maintenance services for the City's Fire Department as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply vehicle maintenance services (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. Thereafter, the City of Colton and Fire Apparatus Solutions may agree for additional one ( 1) year periods on the same terms and conditions herein for up to two additional years. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary, to complete the Services.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the rig ht to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the profession al and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Co ntractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Fire Chief, or his or her designee, to act as its representative for the performance of this Agreement ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates the Service Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor ’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents an d maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,

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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals s hall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.9 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Proje ct or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions includ e, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to veri fy information of newly hired employees, or by some

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other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.9.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority B usiness Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipm ent and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemni fy City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.9.7 Water Quality.

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(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its direct ors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.10 Insurance.

3.2.10.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.10.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employ ees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insu rance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Busine ss Auto Coverage form number CA 0001, code 1 (any auto);

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and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with ge neral aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insur ed with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exac t same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to p rotect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

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(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insu reds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as re spects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), a ny available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.10.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.10.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provi ded evidence satisfactory to the City that they have secured all

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insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.10.8 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificate s and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Reporting of Claims . Contractor shall report to the Cit y, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the na ture of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident p revention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are nece ssary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.13 Work Sites.

3.2.13.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

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3.2.14 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficul ties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.15 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten ( 10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost an d expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. Al l costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of su bcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred fifty thousand dollars ($150,000 per year) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods , as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which th e parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is awar e of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the perfor mance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailin g rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certifie d payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the La bor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to complianc e monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code

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Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orde rs issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those se rvices which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such doc ument and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Fire Apparatus Solutions
1762 South Sycamore Avenue
Rialto, CA 92376
Attn: William Kalmikov, President
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Tim McHargue, Fire Chief
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to

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the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of th e Contractor’s Services, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Con tractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or it s officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/ or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code c laims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

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3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. 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.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing O fficer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 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.

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3.5.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]

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Attachment: Fire Apparatus Solutions Contract FY23-26v2 (3582 : Contract Award - Fire Apparatus Solutions) (BB&K 2018)
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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES

Services Offered

• Aerial maintenance, repairs & 3rd party testing, for all manufacturers • Aerial major repair/refurbishment: For specific manufacturers • After hours support for emergencies
• All chassis related repairs bumper to bumper in accordance to DOT/BIT standards • Allison Transmission repair, diagnostics, maintenance • Body structure modifications & repair, for all manufacturers • Collision & paint: Fire Industry expected quality
• Diesel engine repair, diagnostics, maintenance (Cummins, Cat, Detroit) • Electrical, multiplexing diagnosis, starting and charging systems • Frame straightening, frame repairs
• Mobile on-site maintenance and repairs
• Pick-up and delivery
• Pump repairs: Overhaul, diagnostics, minor repairs, pump testing/certification • Vehicle towing
• Welding on stainless, steel & aluminum (MIG/TIG)

Maintenance & PM Inspections

Maintenance & Pm inspections are annual D.O.T. compliance in accordance with Sect.49CFR,396.17 & B.I.T. compliant per Ca. Veh.C. 34505.5

All inspection findings will be documented & reviewed with department vehicle management.

Customer to receive copies for their records.

All bi-annual services include:

Replacement of engine oil, oil filters, fuel filters, air filter, coolant filter & dryer filter. Grease of chassis.

All other fluids: Coolant, transmission, power steering, pump gearbox, differential, hub oil & foam pump will be checked & topped off as needed. Air filter inspected, if replacement needed customer to be advised.

Chassis Inspection for the following:

• Engine for oil leaks, coolant leaks, fuel leaks, boost leaks (c.a.c. plumbing), air inlet piping, exhaust leaks & belt adjustments. Ensure fan cycles automatically & water temps reacts accordingly. Starter for secure mounting & cable securement/torque. • Transmission for: Oil leaks, oil cooler for exterior leaks. • Differential for: oil leaks, excess play on pinion or thru shafts. • Charging system: Check alternator for output, connections at neg. /pos. leads. Check actual voltage drop at batteries vs. alternator. Load test all battery's individually.

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Exhibit A-2

• Lighting: All emergency lights in both response/scene modes. All chassis lighting, directional, auxiliary scene & work lights. Check air horn & siren. • Steering components: Steer box & pump for oil leaks, torque on box mounting & pitman arm. Draglink & tie rod ends for wear, tie rod for straightness. Assist ram for leaks & mount torque. P. steer hose condition.
• Frame, cross members & gussets for loose fasteners or cracks. • Suspension for: Worn shackles/pins, spring leafs for cracks, air bags for tearing or excess cracking, leveling valves for excess leakage, gas shocks for loose mounting or leaking. U bolt torque & condition. Axle & frame weldments, torque rod bushing condition. • Dot air system performance & compliance: check air systems for leakage & reservoir protection. Low air warnings, air hose condition, dryer & governor operation. Brake shoe/pad condition, slack adjusters for auto adjustment, adjust manual slacks. Air psi build performance.
• Drive train for: Yoke condition, u joints for excess wear, carrier bearing for mounting & condition. Ensure all in phase.
• H.V.A.C. system for: Defrost functions, heater & a/c modes. Condenser fan for damage & operation. Fan speed functions, compressor clutch for slippage or excess wear. • Cab condition: All cab doors for proper locking, latch engagement/alignment/hinge condition, windows for sealing & regulator function, windshield condition, wiper function & blade condition, cab lift cylinders for leaks & leak down when cab tilted. Decal & paint condition. Seat upholstery for tearing, Seat belt condition & function, interior lighting, steer column mounting & condition. Cab structure for cracks, pivot point condition. Door ajar warning.
• Road test truck & check for proper instrument gauge readings, check for pull, and check for abnormal or uneven tire wear.

All annual services include all the above plus:

Replacement of Transmission fluid, filters, differential oil, power steer oil, coolant & pump gearbox oil.
• Opacity Testing (additional)

Fire Engine PM

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.

Function of all doors, shelving & compartment lighting. Chassis frame, suspension, bra kes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

Main pump, aux pump (if applicable) will be ran in recirculation mode to check for any leaks in pump house, internal plumbing, valves & main seals for leaks. Dry vacuum test will be performed.

Cab will be inspected for: any tilt cylinder leaks, loose fail ed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.

• Check all gauge functions (psi, vacuum, water & foam levels) check for sticking, or leakage.

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Exhibit A-3

• Check primer oil/tank level.
• Check pump transmission engagement, indicator lights, flinger condition. • Check pump throttle controls, manual psi regulator if applicable

The following also performed during annual:
• Dry vacuum test will be performed per 1911 standards. • Check valve linkage for binding or looseness.
• Inspect inlet screens
• Inspect pump for leaks on main seals, adjust
• Inspect anode condition

Aerial or Tractor Drawn Aerial PM

Service to onboard genset unit includes: Replacement of engine oil, oil filter, fuel filter & applicable air filter.

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.

Function of all doors, shelving & compartm ent lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.

Vehicle lighting & emergency lighting to be checked for proper function.

Aerial unit will be operated to check for: proper operation, interlocks, ladder to be inspected for any cracks or structural failure, cable adjustments, torque box & stabilizers for mounting or cracking, pulleys for wear, cables for fraying, rungs for damage, ladder lighting & hydraulic system of leaks.

Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.

The following also performed during annual:
• Aerial cable adjustment
• Aerial Interlock function checks
• Replacement of Hyd oil filter
• Check Ladder intercom function
• Check monitor/Nozzle functions
• Inspect rescue/waterway pinnable sections
• Lube waterway

Brush

Vehicle will be inspected for: any leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.

Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.

Function of all doors, shelving & co mpartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted,

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Exhibit A-4

brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function.

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Exhibit B-1

EXHIBIT “B”

SCHEDULE OF SERVICES
Fire Apparatus Solutions shall perform the Services on an as needed basis and in an expeditious manner within the term of this Agreement, and in accordance with the schedule of Services.

Fire Apparatus Solutions represents that it has professional and technical personnel required (as certifications provided), to perform the Services in conformance with such conditions. In order to facilitate Fire Apparatus Solution's conformance with the s chedule, the City of Colton shall respond to Fire Apparatus Solution's submittals in a timely manner. The City of Colton agrees it is responsible to take appropriate action for safety required repairs brought to their attention, including placing vehicles out of service when necessary. Fire Apparatus Solutions to provide a 24-hour onsite service and support. Fire Apparatus Solutions or predesignated company for after hour mobile repairs.

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Packet Pg. 739
Attachment: Fire Apparatus Solutions Contract FY23-26v2 (3582 : Contract Award - Fire Apparatus Solutions) (BB&K 2018)
23152.06000\30608583.2
Exhibit D-1

EXHIBIT “C”

COMPENSATION
Fire Apparatus Solutions will be compensated:

• Scheduled preventative maintenance- $70.00 per hour • Repairs (other than scheduled P.M. Services)- $92.50 per hour • Travel to the City of Colton facilities to be waived. • Pick-up and delivery also waived.
• Any towing of the City vehicles will be charged to the City. • Services during non-business hours- $105.00 per hour.

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Packet Pg. 740
Attachment: Fire Apparatus Solutions Contract FY23-26v2 (3582 : Contract Award - Fire Apparatus Solutions)

ITEM NO. 18

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ARTHUR MORGAN, ECONOMIC DEVELOPMENT MGR
SUBJECT: APPROVE CONTRACTUAL SERVICES AGREEMENT WITH THE COLTON CHAMBER OF COMMERCE FOR FISCAL YEAR 2022 -
2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

BACKGROUND

The City, through its former redevelopment agency, has had an annual Agreement with the Chamber which has included c ompensation in the amount of $25,000, and a scope of services and performance measures, since fiscal year 2006/2007. Services performed under the Agreement have been paid in quarterly installments following receipt of monthly progress reports submitted on a quarterly basis.

ISSUES/ANALYSIS

Economic Development considers the Chamber to be valuable to the City for business retention, expansion and civic engagement. Since there are only two Staff members in Economic Development, Staff appreciates the assis tance of the Chamber to meet with businesses and communicate needs and questions back to Staff. The Chamber’s attendance and assistance for certain events inside and outside the City shows that Colton is willing to be involved regionally.

As a result of these collaborations, Colton’s businesses and Community groups benefit. Staff feels that presence at these events multiply the efforts of Staff.

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Staff Report to the Mayor and City Council
Chamber of Commerce Agreement - Fiscal Year 2022-2023
June 21, 2022