Agenda packet — Montebello City Council, June 8, 2022 (part 3 of 5)

Cover Page
M
ontebello Bus Lines
O
ption Proposal for Seven (7) – 40’
CNG Buses

ATTACHMENT D
Montebello Bus Lines
Option for Seven (7) XN40 Buses

Proposal Table of Contents

Tab 1, Letter of Transmittal
Tab 2, Price Summary
Tab 3, Price Change Detail
Tab 4, Warranty Proposal
Tab 5, Training Proposal
Tab 6, Publications Proposal
Tab 7, Tools and Diagnostics Proposal
Tab 8, Drawings

Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 1, Letter of Transmittal
Solicitation Requirements:

New Flyer Response:

Please see attached our Letter of Transmittal to Montebello Bus Lines.

Please indicate your acceptance by providing a Purchase Order to New Flyer, attention:

Stephanie Laubenstein, Director, Sales & Business Development 204.391.1788
[email protected]
May 16, 2022
Rohan Anderson
Senior Procurement Analyst
Montebello Bus Lines
Montebello, CA
Subject: Quotation for 40-foot Heavy-Duty CNG Transit buses Dear Rohan,
New Flyer is pleased to submit an option price quotation for the production of seven (7) 40-foot Heavy-Duty CNG Transit buses based on New Flyer’s agreement with State of Washington (SoW).

The proposed buses will be technically configured as per the most recent SR-2641. The bus price includes all SRCRs approved by Montebello Bus Lines.

The XN40 price is $609,000.00/bus which includes Warranty, Publications, Delivery, and PPI.

Please note that this price is reflective of a Notice to Proceed by May 20, 2022 & Commitment of a PO by July 31, 2022. If NTP /PO are received past this date then the line entries push in to 2023 and we cannot get parts at today's costs, as such we would have to re-price and include full PPI.

We would like to highlight key elements of our proposal:

Warranty: New Flyer exceeds the industry standard warranties in many areas s uch as our 5 y ear / 300,000 miles axle warranty (standard warranty is 2 years) and our 3 years / 150,000 miles multiplex warranty (standard competitor warranty is 1 year / 50,000 miles). Please s ee our Warranty Proposal for more information.

Training: New Flyer Training is an organization within the New Flyer Customer Services group, a division of New Flyer Industries . As a part of the leading manufacturer of heav y-duty transit buses in the United States and Canada, we hav e access to top design, engineering, propulsion technology , and electrical systems professionals. This allows us to offer the s ervice and expertise to maximize the lifetime value of your fleet. Please see our Training Proposal for more information. Please note that optional training is not included in the bus price.

Publications: The New Flyer Public ations team combines ex tensive, hands -on technical experience with exceptional writing, illustrating, and publishing skills to create the indus try’s benchmark in maintenance manuals. They supply accurate information in a timely manner, assisting the customer in the performance of proper bus maintenance, which adds to the overall reliability and lifetime value of each New Flyer bus on the road. Please see our Public ations Proposal for more information. Please note that publications are included in the bus price.

Tooling and Diagnostics: Please see our Tools and Diagnostics Proposal for more information. Please note that tooling and diagnostics are not included in the bus price.

Delivery
Proposal: New Flyer is proposing a complete delivery by Q4 of 2022. Please note that delivery is
included in the bus price.

Payment Terms: Following the terms and conditions of New Flyer’s contract payment terms:
•
Payment terms are Net 30 days
•
Acceptance is within 15 days of delivery
This
project allows New Flyer the important opportunity to build a strong relationship with Montebello Bus Lines. It also gives us the opportunity again to delivery some of the most advanced vehicles available in North America.

We thank you for your continued interest in New Flyer products and look forward to working with you again in the near future.

This
quote is open for acceptance for thirty (30) days. Please indicate your acceptance by providing a Purchase
Order to New Flyer of America, attention Stephanie Laubenstein, Director of Sales & Business
Development at [email protected].

Sincerely,
Barry Karlenzig
Technical Sales Manager
P
204.590.8394
[email protected]
CC: Stephani e Laubenstein – Director of Sales & Business Development Da
niel Trujillo – Regional Sales Manager
Cameron Huber – Business Segment Director, Municipal & Private Fleets

Montebello Bus Lines
Option for Seven (7) XN40 Buses
Tab 2, Price Summary
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Price Summary for seven (7) – XN40 buses for Montebello Bus Lines.

Price Change Summary
Property: Montebello
Option Origin: 2021-142
Sales Release No.: 0
Quantity: 7
Type: XN40
Price Change No.: 1
Revision: A
Date: 05-Jan-22
Each Total
Original Contract Price Base Coach 486,990.00$ 3,408,930.00$ Base Bus Price Change Total $ 122,010.00 $ 854,070.00 Contract Spares Base Bus Price Change Total -$ -$
Revised Price Base Bus (including ADA & delivery) $ 609,000.00 $ 4,263,000.00 Original Contract Price for Contract Spares (If priced separately) -$ Contract Spares Changes (Priced Separately) Total -$ -$ Revised Contract Spares Priced Separately -$
Original Contract Price for Miscellaneous (If priced separately) -$ Miscellaneous Price Change Total -$ -$
Revised Miscellaneous Priced Separately -$
Original Total Contract Price 3,408,930.00$
Total Contract Price Changes $ 854,070.00 Revised Total Contract Price $ 4,263,000.00
Authorized Signatures:

New Flyer Authorization:

Signature:

Title:

Date:

Property Authorization:

Signature:

Title:

Date:
5/9/2022
Montebello Bus Lines
Option for Seven (7) XN40 Buses
Tab 3, Price Change Detail
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Price Detail Sheet.

T
his sheet includes all price changes that are required to go from the base bus to the proposed configuration, as requested.

Price Change Detail
Property: Montebello
Option Origin: 2021-142
Sales Release No.: 0
Quantity: 7
Bus Type: XN40
Price per coach
Price Change Type Reference No. Option No. Option Group SRCR No. Description Total Base Bus Price Change 1 600 Customer Options Add SRCR from 2524 81,248.00 2 600 Customer Options SRCR's from 2641 (Approved) 10,529.44 3 PPI Producer Price Index Add PPI 30,232.56
Base Bus Price Change Total 122,010.00
Grand Total 122,010.00

Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 4, Warranty Proposal
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Warranty Proposal.

Please note that Warranty Pricing is included as part of the bus price.

CONTRACT DELIVERABLES LIST WARRANTY
CUSTOMER NAME Montebello Bus Lines
BUS MODEL XN40

PROVIDER YEARS MILEAGE
Base Bus Warranty New Flyer of America 2 100,000 Excluding scheduled maintenance items, acts of nature, or normal consumables Basic Bus Structure New Flyer of America 3 150,000 Body, and body structure shall consist of the components that are bolted or riveted to the structure, such as, exterior panels, interior panels, roof, ceiling, and driver’s barrier.

Chassis Structure (Integrity) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The structural integrity guarantee covers against a significant loss of structural integrity of the assembly or its functional performance due to non corrosion related failures.

Chassis Structure (Corrosion) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The corrosion guarantee covers against a significant loss of structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross-section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road de- icers such as Magnesium Chloride or equivalents, unless New Flyer approved preventative measures are taken. The warranty shall be void if the Agency fails to conduct corrosion inspections and scheduled preventive maintenance procedures as specified in the Contractor’s maintenance manuals. The Agency shall maintain documentation, auditable by the Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals.

Engine Cummins 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Transmission Allison 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Axle (Front and Rear) MAN 5 300,000 Excluding maintenance items & items that are not covered by the OEM's warranty. All friction materials are excluded from this limited warranty. Wear and third party items supplied with the axle (e.g. slack adjuster, seals and bearings, shocks, air bellows, radius rods, brake chambers) are not included in the 5 year warranty. Please see manufacturer's warranty document.

A/C MCC 2 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

Brake System New Flyer of America 2 100,000 Friction Material Excluded Destination Signs AESYS 6 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

Door Systems Vapor 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warranty Air Compressor Cummins 2 Unlimited
Wheelchair Ramp New Flyer of America 2 100,000
Electrical System Parker 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warranty LED Headlights J.W.Speaker 6 Unlimited Warranty covers parts only after 1st year.

Paint Axalta 5 Unlimited
Air Dryer Bendix 2 200,000
Alternator EMP 2 100,000
Charge Air Cooler EMP 3 150,000
Fire Suppression System Amerex 3 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document.

Hydraulic System New Flyer of America 2 100,000
Starter New Flyer of America 2 100,000
Towing New Flyer of America 2 100,000
Emission Control System Cummins 5 100,000 Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

BASE AND EXTENDED WARRANTY

MAJOR COMPONENT DESCRIPTION COMMENTS
Power Steering System New Flyer of America 2 100,000
Radiator Fan Drive EMP 3 150,000
Tires New Flyer of America 2 24,000
New Flyer Industries Limited warrants the tires installed as original equipment on this vehicle only against defects in materials and workmanship which cause the vehicle to fail to comply with applicable U.S. and Canadian greenhouse gas emission limits (“Warrantable Emissions Failures”). This vehicle emissions limited express warranty relating to original equipment tires is valid for two (2) years or 24,000 miles whichever occurs first.

Emissions-Related Warranty (Idle
Reduction Systems) New Flyer of America 5 100,000 Emissions-related warranty on Neutral-Idle or Start/Stop idle reduction systems, as defined by the U.S. EPA (not including Allison Standard FuelSense 2.0, Restricted Neutral-at-Stop (NAS), and “Auto- Neutral” functions)
Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 5, Training Proposal
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Training Proposal.

Please note that this proposal is for recommended training only. Training courses may be selected by Montebello Bus Lines. New Flyer’s training team is happy to advise on selecting the correct training for your needs.

Corresponding prices are not included in the Bus Price.

CONTRACT DELIVERABLES LIST CUSTOMER TRAINING
CUSTOMER NAME Montebello Bus Lines
BUS MODEL XN40
New Flyer Supplied Training
DESCRIPTION COMMENTS QTY HRS. SELL PRICE REQUIREMENT BILLABLE: Y/N Operator Orientation 4 $986.85 Recommended Y
Maintenance Orientation 4 $986.85 Recommended Y
Multiplex System 24 $5,921.10 Recommended Y
Entrance & Exit Doors 4 $986.85 Recommended Y
Wheelchair Ramp 4 $986.85 Recommended Y
Brake Systems and Axles 16 $3,947.40 Recommended Y
Air System and ABS 8 $1,973.70 Recommended Y
Suspension and Steering 8 $1,973.70 Recommended Y
Electric Fan Drive 4 $986.85 Recommended Y
Coolant Loop Fill Procedure 4 $986.85 Recommended Y
Towing 4 $986.85 Recommended Y
Body and Structure 4 $986.85 Recommended Y
CNG Fuel System 8 $1,973.70 Recommended Y
OEM/Subcontractor Supplied Training
DESCRIPTION COMMENTS QTY HRS. SELL PRICE REQUIREMENT BILLABLE: Y/N Engine Maintenance 16 $7,020.00 Recommended Y
Transmission Maintenance 16 $7,020.00 Recommended Y
HVAC Maintenance 8 $4,050.00 Recommended Y
Fire Suppression/Gas Detection 8 $2,700.00 Recommended Y Destination Sign 8 $2,700.00 Recommended Y
Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 6, Publications Proposal
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Publications Proposal.

Please note that Publication Pricing is included in the Bus Price.

CONTRACT DELIVERABLES SHEET PUBLICATIONS 0 City of Montebello PRIMARY CUSTOMER NAME Montebello Bus Lines
BUS MODEL XN40
This is for One XN40 Option Build Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
Emergency Responder Guide (8.5x11 laminated paper) 9 With First Pilot Bus Delivery 6 Emergency information to be on board each bus Operator's Guide 9 With First Pilot Bus Delivery 6
Parts Manual 2 Within 30 Days AFTER Last Bus Delivery 12 Service Manual 2 Within 30 Days AFTER Last Bus Delivery 6 Vehicle System Drawings Manual (11x17 3-hole regular paper) 2 Within 30 Days AFTER Last Bus Delivery 6 Parts Manual Listing 1 Within 30 Days AFTER Last Bus Delivery 6 MS Excel File via email TIV USB 2 Within 30 Days AFTER Last Bus Delivery 6 Includes Bus Manuals PDF files on USB and OEM manuals identified with "*" below
This is for One XN40 Option Build Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
With First Bus Delivery or Soon After Receiving From OEM Supplier Parts info avail from Cummins Parts Website Only
Fault Code Troubleshooting Manual (Vol 1 - 4) 2 " N/A
Service Manual (Vol 1 - 2) 2 " N/A
Operation & Maintenance Manual 2 " N/A
Owners Manual 2 " N/A
With First Bus Delivery or Soon After Receiving From OEM Supplier Service Manual - Gen 4/5 2 " N/A *
Parts Manual - Gen 4/5 2 " N/A *
Troubleshooting Manual - Gen 4/5 2 " N/A *
Principals of Operation Manual - Gen 5 2 " N/A *
Quick-Tech Troubleshooting Guide - Gen 5 2 " N/A *
Mechanics Tips - Gen 5 2 " N/A *
Operator's Manual - Gen 5 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Unit Operation & Service Parts Manual 2 " N/A *
Compressor Operation & Service Parts Manual 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier EMP MH4 Cooling System Service Manual 2 " N/A *
EMP MH4 Cooling System Troubleshooting Manual 2 " N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier ABS Maintenance Manual 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier AESYS User Manual 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Avail Service Manual 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier DPS Service and Maintenance Manual 2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier V25ABC System Operation & Maintenance Manual 2 " N/A *
SafetyNet Controller Operation & Maintenance Manual 2 " N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Hardware User Guides 2 " N/A *
Software User Guides 2 " N/A *
This is for One XN40 Option Build Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(Years) COMMENTS
Standard Labour Hours required for NF Bus Manual Set
Publishing 400 N/A Not charged to the customer
Allison Transmission B300/400/3400xFE Gen 5 OEM Manual Set (includes only the following)
New Flyer Bus Publications
OEM Supplier Publications
Cummins L9N (CM2380) 2021EPA Engine OEM Vendor Manual
Set (includes only the following)
Amerex GD & FS System OEM Manual Set (includes only the following)
Vansco Multiplexing System OEM Manual (includes only the following)
Other New Flyer Costs
MCC HVAC OEM Manual Set (includes only the following)
EMP Cooling System OEM Manual (includes only the following) WABCO ABS System OEM Manual (includes only the following) Destination Sign OEM Manual Set (includes only the following) AVA/AVL System OEM Manual Set (includes only the following) Arow Global Drivers Door System OEM Manual Set (includes only the following)
Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 7, Tools and Diagnostics Proposal
Solicitation Requirements:

New Flyer Response:

Please see attached New Flyer’s Tools and Diagnostics Proposal.

Please note that this proposal outlines New Flyer’s recommended tools and diagnostics package required to maintain the Xcelsior® bus. The package acts as a shopping list for Montebello Bus Lines to select from, as required.

The corresponding prices are not included in the Bus Price.

CONTRACT DELIVERABLES LIST DIAGNOSTICS & TOOLS
CUSTOMER NAME Montebello Bus Lines
BUS MODEL XN40
COMMENTS DESCRIPTION QUOTED PART # BID QTY SELL PRICE REQUIREMENT BILLABLE: Y/N for use with all diagnostic software Panasonic FZ55 Toughbook Laptop 108658 1 $3,062.12 Recommended Y Nexiq USB Link 2 6353474 1 $1,042.31 Recommended Y
Cummins Insite Lite (1-year subscription) 6339520 1 $1,075.88 Recommended Y free download from Cummins website Cummins Insite Software NPN 1 $0.00 Recommended Y Allison DOC Premium - 1st Yr subscription download 6469849 1 $1,103.83 Recommended Y Intelligaire III Diagnostic Software & Cables 6393934 1 $1,791.42 Recommended Y free download from EMP website EMP Software NPN 1 $0.00 Recommended Y Meritor Wabco ABS Software (1-year subscription) 6334596 1 $391.23 Recommended Y provided by Luminator at n/c Luminator MIE Software NPN 1 $0.00 Recommended Y free download from Parker-Vansco website Vansco Software NPN 1 $0.00 Recommended Y free download from Parker-Vansco website Smartrider Software NPN 1 $0.00 Recommended Y Amerex SafetyNet Software & Interface 6355551 1 $596.70 Recommended Y Kit - Lift Tow Universal 6396565 1 $198.81 Recommended Y Kit - Lift Tow Receivers 6396567 1 $1,365.05 Recommended Y Xcelsior Flat Tow adapter (2 pcs. Per set) 6395097 1 $773.17 Recommended Y Assy - Frame Flat Towing 902990 1 $5,360.85 Recommended Y Jacking Adapters 434434 1 $946.28 Recommended Y
Repair Kit - Disc Brakes & Calipers 6408310 1 $3,191.58 Recommended Y Torque Multiplier 6314711 1 $2,590.07 Recommended Y
Hub Repair Kit - MAN VOK-07 Frt Axle 6408311 1 $6,904.16 Recommended Y Optional Hub Removal Hydraulic Tool Kit - MAN VOK-07 6458834 1 $4,439.96 Recommended Y King Pin Press Kit - MAN VOK-07 Frt Axle 6408312 1 $11,861.92 Recommended Y Hub Repair Kit - MAN HY1350 RR Axle 6408306 1 $4,561.29 Recommended Y ABS Sensor R&R Kit - MAN HY1350 RR Axle 6408307 1 $767.14 Recommended Y Pinion Seal Repair Kit - MAN HY1350 RR Axle 6444302 1 $2,187.45 Recommended Y Differential Repair Kit - MAN HY1350 RR Axle 6444303 1 $6,628.47 Recommended Y Optional Tool Kit - MAN HY1350 RR Axle 6444304 1 $28,363.10 Recommended Y Rebuild Kit - EMP Alternator 6405510 1 $3,946.60 Recommended Y Coolant System Pressure Tester 660817 1 $832.05 Recommended Y Kit - Coolant Pressure Fill 6484741 1 $2,601.03 Recommended Y Adj Tool - Strg Gear Box Press Relief 6465265 1 $297.07 Recommended Y Depth Punch - Strg Gear Box Press Relief 6465266 1 $271.30 Recommended Y Flow Meter Tester - Strg Gear Box 140809 1 $560.32 Recommended Y Puller Tool - Pitman Arm 6394270 1 $315.82 Recommended Y Alignment Tool - Flex Connector 6360381 1 $706.52 Recommended Y Kit - Allison Service Tools 6360446 1 $8,445.79 Recommended Y Eng/Trans Dolly - Universal 086444 1 $2,575.54 Recommended Y TK R407c A/C Tool Kit 6397159 1 $21,316.19 Recommended Y Cummins L9N Service Tool Kit 6483729 1 $23,574.06 Recommended Y Amerex Discharge Hose Blowout Adapter 052132 1 $114.44 Recommended Y Amerex Fire Alarm/Simulator Module 135582 1 $274.64 Recommended Y Amerex Calibration Kit - AMGaDS III 6459321 1 $1,306.15 Recommended Y CNG Tank Valve Installation Tool 6467614 1 $1,882.79 Recommended Y Diagnostic Equipment
Special Tools
Montebello Bus Lines
Option for Seven (7) XN40 Buses

Tab 8, Drawings
Solicitation Requirements:

Provide floor plan drawings.

New Flyer Response:

Please see the attached drawings, as requested:
• D
WG 854310, Seating Layout, Lower Deck
• D
WG 854312, Seating Layout, Upper Deck
• DW
G 839550, Elevation

SECTION B-B
(STREET SIDE)
BB
REF

13.34 REF

30.87 SECTION A-A
(CURB SIDE)
A A1 2 3
9 10
11 12
13 14
15 16
1718
KIT
201
KIT
203
KIT
204
KIT
205
KIT
206
KIT
207

STREET SIDE

CURB SIDE
KIT
211
MEDIUM
EXIT
DOOR
(REF)
103.70
KIT
212

SEE NOTES
2, 12, 13
& 15
KIT
212

SEE NOTES
2, 12, 13
& 15
E
E
H
H
J
J
FRONT
OF
COACH
FRONT
OF
COACH
REF

3.95 70.30

SEE NOTES
7, 12 & 16
TYP 2 PLCS
175.11

28.60 56.35

84.10 REF

FROM EDGE

OF WHLHS

6.84 101.17

REAR DECK

TO FORWARD

MOUNTING POINT
123.86

REAR DECK FACE

TO FORWARD

MOUNTING POINT
200
120REF

29.14 REF

27.74 REF

27.75 REF

10.17 REF

FROM EDGE

OF WHLHS

5.73 KIT
210
Y
Y
KIT
212
KIT
212
1 EA 200 854309 KIT-SEATING L/D VISION -

0.010 EA 120 081034 LOCTITE-243 MEDIUM 10ML -
64 EA 79 356596 T-BOLT-SEAT MOUNTING 0.05 LBS
8 EA 77 20B06024 BOLT SST 3/8 UNC X 1.5 LG -
12 EA 36 20B06032 BOLT-HEX SST 3/8UNC 2.00 -
64 EA 32 8410536 NUT-CRN 3/8UNC GR5 0.03 LBS
148 EA 30 50W06000 WASHER FLAT SS 3/8 NOM -
QTY U/M ITEM PART NO. DESCRIPTION WEIGHT
DESIGN REF NOTES:
- AMSECO VISION SEATS WITH

CANTILEVER MOUNTING EXCEPT SEATS
9 & 10
- STAINLESS STEEL GRABRAILS
- W/C RESTRAINT BELTS W/ FOOT PEDAL

RELEASE
- W/C BARIERS W/ REMOTE RELEASE
- BELTS ARE Q'STRAINT, J-HOOK TYPE
- SQUARE TOUCH PAD ON 3P STREET & CURB

SIDE LONGITUDINAL FLIP-UP SEATS
- STREETSIDE MODESTY PANEL
- FOR 40' XCELSIOR
- DIESEL, DIESEL ELECTRIC, CNG
- MEDIUM EXIT DOOR
200
178.54

SEE NOTES
2, 12, 14
& 15

SEE NOTES
2, 12, 14
& 15
REF

1.90 REF

3.38 KIT
208
1920
REF

2.25 155.30
KIT
209
120
120
120
120
197.55
4 6
5 7
8 KIT
202

POSITION SEAT WITH

STRIP BUMPERS ON SEATS
9 & 10 FLUSH AGAINST

MODESTY PANEL
SEE NOTE 4
1 854310
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL

TITLE
854310

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING L/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637864
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
-
NONE

DO NOT SCALE DRAWING
NOTE: FOR INSTALLATION DRAWINGS PLEASE REFER TO ATTACHED MRP BOM SHEET FOR PARTS LISTINGTHE INFORMATION CONTAINED IN THIS DRAWING IS PROPRIETARY TO NEW FLYER INDUSTRIES CANADA ULC OR ITS AFFILIATES ("NEW FLYER").

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

UPON REQUEST, AND SHALL NOT BE DISCLOSED TO THIRD PARTIES WITHOUT THE PRIOR WRITTEN CONSENT OF NEW FLYER. ONE OR MORE PATENTS MAY BE PENDING FOR THE PRODUCTS DEPICTED HEREIN. (C) NEW FLYER INDUSTRIES CANADA ULC. ALL RIGHTS RESERVED.2020 01-SEP-20

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:20 SHEET 1 OF 3
B
1) UPDATED VENDOR PART GEOMETRY FOR KIT ITEM 207 2) ALL DIMENSIONS AND VIEWS UPDATED ACCORDINGLY ECN-158876 9 10
11 12
13 14
CC

SECTION C-C
(CURB SIDE)
D D

SECTION D-D
(STREET SIDE)
APPROX
H/K
SEE
NOTE 17

27.00 APPROX

H/K TO

BARRIER
SEE
NOTE 17

27.00 APPROX
H/K
SEE
NOTE 17

30.00 APPROX
CLEAR
FLOOR
SPACE

60.00 MEDIUM
EXIT
DOOR
(REF)

SEAT STANCHION

WITH BOLT-ON

STANCHION CUP
(REF)

SEAT STANCHION

WITH BOLT-ON

STANCHION CUP
(REF)
OPEN FLOOR AREA = 6504.48 IN
2 = 45.17 FT
2 SEATS IN THE

FLIPPED UP POSITION

SEATS IN THE

FLIPPED UP POSITION
1 2 3
5 15
16 17
60 W/C TURNING

AREA (REF)
FRONT
OF
COACH
FRONT
OF
COACH
APPROX

H/K TO

BARRIER
SEE
NOTE 17

30.00 WHEELCHAIR BARRIER

STANCHION WITH

BOLT-ON

STANCHION CUP

WHEELCHAIR BARRIER

STANCHION WITH

BOLT-ON

STANCHION CUP

FACE OF

REAR DECK

TO FRONT

OF SEAT
(REF)

3.95 CURB SIDE

STREET SIDE
SEAT
HEIGHT
TYP 5

PLCS, SEE
NOTE 18
(REF)

17.31 SEAT
HEIGHT
SEE
NOTE 18
(REF)

19.72 TELESCOPING ARMS IN

THE STOWED POSITION
SEE NOTE 18
TYP 4 PLCS
REF

SEAT HEIGHT

18.25 REF

59.00 APPROX
H/K
SEE
NOTE 17

27.69 APPROX
H/K
SEE
NOTE 17

27.00 NOTES:
17) DIMENSIONS IN BRACKETS REPRESENT THE APPROXIMATE HIP TO KNEE WITH VR-5O ONSERT, SUBTRACT A 1/2" FROM THE HIP TO KNEE DIMENSION FOR PADDED ONSERTS (1/2" OR 1-1/4"). REFER TO CUSTOMER SPEC DWG P/N 265402-XXXX, WHERE XXXX IS THE SR#, FOR THE TYPE OF SEAT ONSERT THAT IS REQUIRED.
18) DIMENSIONS IN BRACKETS REPRESENT THE APPROXIMATE SEAT HEIGHT WITH VR-50 ONSERT. ADD 1/2" TO THE SEAT HEIGHT DIMENSION FOR 1/2" PADDED ONSERTS AND 1-1/8" FOR 1-1/4" PADDED ONSERTS RESPECTIVELY.

REFER TO CUSTOMER SPEC DWG P/N 265402-XXXX, WHERE XXXX IS THE SR#, FOR THE TYPE OF SEAT ONSERT THAT IS REQUIRED.
19) ALL H/K DIMENSIONS HAVE .50" TOLERANCE WHERE H/K = HIP TO KNEE. 18 ARMREST
APPROX
CLEAR
FLOOR
SPACE

60.00 1920

ARMREST

NO GRABRAILS

ON THESE SEATS,

BUMPERS ON
SEATS 9 & 10

MODESTY
PANEL
(REF)
REF

59.00 4
6 7
8 1
854310
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL

TITLE
854310

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING L/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637864
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
-
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:20 SHEET 2 OF 3
B SEE SHEET 1 ECN-158876

FROM FACE

OF SEAT RAIL

SECTION E-E

MOUNTING FOR LONGITUDINAL

FLIP UP SEATS

SECTION H-H

TYP MOUNTING FOR

W/C BARRIERS

TYP LH & RH

SECTION J-J

MOUNTING FOR TRANSVERSE

FLOOR MOUNTED SEAT
79 79
3630
TYP 2 PLCS

SEE NOTES
1, 9 & 12
30 32
30 32
TYP 16 PLCS

SEE NOTES
7, 10 & 12
TYP 14 PLCS

SEE NOTES
7, 10 & 12

VIEW K
REF

FROM SEAT

RAIL FACE
.35

DETAIL M
79 30 32
TYP 2 PLCS

SEE NOTES
7, 10 & 12

DETAIL M

SEAT REMOVED

FOR CLARITY

TYP LH & RH
TYP 2 PLCS

FROM FACE OF

SEAT RAIL

16.44 VIEW K
77 TYP 8 PLCS

SEE NOTES
3, 9, 11, 12
& 13
TYP4.79
TYP3.73
TYP7.47
30 TYP25.42
TYP REF5.00

SECTION Y-Y
TYP 5 PLCS
2 2
2 8.29
3630
44 SEE NOTES
1, 9 & 12
REF

30.42 KIT
XXX
79 32 30
79 32 30
TYP 4 PLCS

SEE NOTES
7, 10 & 12
TYP 2 PLCS

SEE NOTES
7, 10 & 12
2 2

16.40 NOTES (WHERE APPLICABLE):

1. DRILL .312 PILOT HOLE AND TAP FOR 3/8-16 HARDWARE.

2. ADJUST THE ANGLE ON THE SEAT BOLT-ON STANCHION

CUP SO THAT THE STANCHION IS VERTICAL

REFER TO VENDOR DRAWING FOR INSTALLATION

INSTRUCTIONS FOR MOUNTING STANCHION CUP TO
SEAT GRABRAIL.

3. REFER TO SEAT VENDOR DRAWINGS FOR MORE DETAILS

WITH REGARDS TO INSTALLING SEATS AND RESTRAINTS

4. KIT 854309 IS A TEMPLATE. REFER TO ORACLE BOM FOR CONTRACT SPECIFICATIONS.

5. SALES TO SEND SEAT SPECIFICATION DRAWING 265402-XXXX TO CUSTOMER, WHERE XXXX IS THE CONTRACT SR NUMBER.

6. ALL H/K DIMENSIONS HAVE .50 TOLERANCE, WHERE
H/K = HIP TO KNEE.

7. TORQUE HARDWARE TO 35 FT-LBS.

8. SPLIT BALLOONS SUCH AS REFER TO ITEM XXX IN KIT ITEM 200. ALL SPLIT BALLOONS ARE REFERENCED ITEMS.

9. TORQUE HARDWARE TO 17 FT-LBS.

10. SLIDE ALL REQUIRED SEAT-RAIL BOLT-ANCHORS (ITEM 79) WITHIN SEAT-RAIL OPENINGS PROVIDED ON CS AND SS.

11. ALL MOUNTING HARDWARE HAVE PILOT HOLES DRILLED

THROUGH FLOORING AND PLYWOOD TO LOCATE WELD NUTS ON THE BONDED TAPPING PLATES.

12. APPLY 1 TO 2 DROPS OF LOCTITE (ITEM 120) TO THE INNER THREADS OF THE HARDWARE. IF LOCTITE IS

ALREADY SUPPLIED WITH HARDWARE, NO LOCTITE WILL BE REQUIRED. IF HARDWARE IS LOOSENED FOR ADJUSTMENTS,

RE-APPLY NEW LOCTITE TO THREADS OF HARDWARE

13. SEE STANCHION CUP DWG 395198 FOR INSTALLATION INSTRUCTIONS.

14. SEE STANCHION CUP DWG 322347 FOR INSTALLATION INSTRUCTIONS.

15. TRIM STANCHION TO FIT, ENSURE THAT STANCHION IS NOT

CUT TOO SHORT & THAT IT FITS TIGHTLY IN TEE CLAMPS

16. USE HARDWARE SUPPLIED BY VENDOR TO MOUNT SHOULDER HARNESS ONTO EXISTING 7/16-20 THREADED TAPPING PLATE STUD.

INSTALL VENDOR SUPPLIED SPRING WASHER (VENDOR P/N Q6-6563)

BETWEEN THE RESTRAINT AND THE WALL MOUNT WITH RAISED INNER DIAMETER TOWARDS RESTRAINT. DO NOT INSTALL VENDOR SUPPLIED LOCK WASHER (VENDOR P/N Q8-6510) AND NYLON WASHER (Q5-6562) IF PROVIDED.
120
120
120
120
120
120
120
120

MOUNT HARDWARE

AT AISLE SIDE

OF SLOT, THIS

LEG ONLY
1 854310
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL

TITLE
854310

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING L/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637864
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
-
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:10 SHEET 3 OF 3
B SEE SHEET 1 ECN-158876
AA

SECTION A-A
(CURB SIDE)
B B

SECTION B-B
(STREET SIDE)

13.71 KIT
210
KIT
210
200
KIT
209
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 KIT
201
KIT
203
KIT
204
KIT
205
KIT
206
KIT
207
ABS
SIDE

CLOSEOUT
ABS
SIDE

CLOSEOUT
SEE NOTE 15122

FACE OF STEP

TO FORWARD

MOUNTING PT
KIT
202
KIT
208
E
E
F
F
G
REF

27.50 TO SEAT

SHELL, REF

11.08 1.16

SEE NOTES
4, 20 & 22

FACE OF REAR

DECK TO FWD

MOUNTING PT

FACE OF STEP

TO FORWARD

MOUNTING PT

SEE NOTES
4, 20 & 22
REF

31.16 TO SEAT

SHELL, REF

11.22 REF

28.02 DETAIL K
G
P
P

DETAIL H
SCALE 1:10

DETAIL H
SEE NOTE 6
REF

33.59 NO GRABRAIL

ON OUTBOARD
SEAT 17

NO GRABRAIL

ON OUTBOARD
SEAT 4

LH & RH

20.21 DESIGN REFERENCE NOTES:
- AMERICAN SEATING VISION

SEATS W/ CANTILEVER MOUNTING
- STAINLESS STEEL GRABRAILS
- STAINLESS STEEL ARMRESTS
- STREETSIDE MODESTY PANEL
- FOR ALL XCELSIOR COACH LENGTHS
- DIESEL, DIESEL ELECTRIC, CNG
- NON REAR WINDOW
JJ
REF
.67
1 EA 200 854311 KIT-SEATING U/D VISION -

1.000 FT 122 003502 CHANNEL-U RBR 1/2LX1/4W

1.000 ML 121 242702 ADHESIVE-SIKA 221 WHITE -

0.010 EA 120 081034 LOCTITE-243 MEDIUM 10ML -
22 EA 79 356596 T-BOLT-SEAT MOUNTING 0.05 LBS
30 EA 78 20B06020 BOLT SS 3/8 X 1.25 L -
24 EA 75 34S04016 SCREW-1/4-20 X 1.0 -
32 EA 73 50W04000 WASHER-FLAT 1/4 NOM -
4 EA 68 34S04012 SCREW-TPG 1/4-3/4 -
16 EA 44 382839 SCREW-TAMPER PR #10 TPG 1.25 LG
13 EA 43 14S06024 SCREW MACH 3/8-16 X 1.5" -
4 EA 41 34S04020 SCREW TPG 1/4 X 1 1/4 LG -
30 EA 35 50N06000 NUT SST 3/8 UNC -
22 EA 32 8410536 NUT-CRN 3/8UNC GR5 0.03 LBS
117 EA 30 50W06000 WASHER FLAT SS 3/8 NOM -
QTY U/M ITEM PART NO. DESCRIPTION WEIGHT
120
120
1 854312
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL
N/A
TITLE
854312

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING U/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637869
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
N/A
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:16 SHEET 1 OF 4
REF

5.15 REF

LH & RH

15.30 REF

31.23 A RELEASE TO PRODUCTION ECN-153889
CC

SECTION C-C
(CURB SIDE)
D D

SECTION D-D
(STREET SIDE)
NOTES:
23) DIMENSIONS IN BRACKETS REPRESENT THE APPROXIMATE HIP TO KNEE WITH VR-50 ONSERT. SUBTRACT A 1/2" FROM THE HIP TO KNEE DIMENSION FOR PADDED ONSERTS (1/2" OR 1-1/4"). REFER TO CUSTOMER SPEC DWG P/N 265402-XXXX, WHERE XXXX IS THE SR#, FOR THE TYPE OF SEAT ONSERT THAT IS REQUIRED.
24) DIMENSIONS IN BRACKETS REPRESENT THE APPROXIMATE SEAT HEIGHT WITH VR-50 ONSERT. ADD 1/2" TO THE SEAT HEIGHT DIMENSION FOR 1/2" PADDED ONSERTS AND 1-1/8" FOR 1-1/4" PADDED ONSERTS RESPECTIVELY.

REFER TO CUSTOMER SPEC DWG P/N 265402-XXXX, WHERE XXXX IS THE SR#, FOR THE TYPE OF SEAT ONSERT THAT IS REQUIRED.
25) ALL H/K DIMENSIONS HAVE .50" TOLERANCE WHERE H/K = HIP TO KNEE

SEAT HEIGHT
SEE NOTE 24
(REF)

18.80 TYP
APPROX
H/K
SEE
NOTE 23

29.22 TYP
APPROX

H/K TO

ARMREST
SEE
NOTE 23

26.50 TYP
APPROX

H/K TO

ARMREST

CLOSEOUT
SEE
NOTE 23

26.58 APPROX
H/K
SEE
NOTE 23

27.15 APPROX
H/K
SEE
NOTE 23

27.31 SEAT STNCHN

W/ BOLT-ON
CUP

ARMREST
WITH

CLOSEOUT
SEAT
HEIGHT
TYP
2 PLCS
SEE
NOTE 24
(REF)

17.23 APPROX
H/K
SEE
NOTE 23

26.83 APPROX
H/K
SEE
NOTE 23

26.62 SEAT STNCHN

W/ BOLT-ON

CUP ARMREST WITH

CLOSEOUT
SEAT
HEIGHT
TYP

LH & RH
SEE NOTE 24
(REF)

17.30 SEAT HEIGHT
TYP
SEE NOTE 24

LH & RH
(REF)

18.04 FOOT
ROOM

10.18 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
REF12.01

TYP, REF

12.00 AISLE
SPACE

22.21 AISLE
SPACE

22.76 OPEN FLOOR AREA = 2277.97 IN
2 = 15.82 FT
2 SEAT
HEIGHT
TYP
2 PLCS
SEE NOTE 24
(REF)

16.91 SEAT STANCHION
1 854312
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL
N/A
TITLE
854312

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING U/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637869
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
N/A
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:15 SHEET 2 OF 4
A SEE SHEET 1 ECN-153889

MODESTY
PANEL
(REF)

SECTION E-E

MOUNTING FOR TRANSVERSE

CANTILEVER SEATS

RH SHOWN, TYP LH
TYP 3 PLCS

SECTION F-F

RH SHOWN, TYP LH
TYP 2 PLCS

SECTION G-G

MOUNTING FOR

LONGITUDINAL SEAT

ON UPPER DECK

TYP LH & RH
793012032
TYP 4 PLCS

SEE NOTES
9, 17 & 20

SECTION P-P
SCALE 1:8

VENDOR SUPPLIED

SEAT BUMPER
7932
TYP 14 PLCS

SEE NOTES
3, 13, 14
& 20
30 REF

11.35 REF

3.74 REF

11.24 REF3.65
120
7830120
TYP 4 PLCS

SEE NOTES
9, 17 & 20
TYP 2 PLCS

SEE NOTES
3, 13 & 20

NO GRABRAIL

ON OUTBOARD
SEAT
79120
REF

17.89 TYP 2 PLCS

SEE NOTES
9, 17 & 20

SECTION J-J
SCALE 1:10

MOUNTING FOR

WHEELHOUSE SEATS

TYP LH & RH

9.76 REF

23.90 REF

14.09 REF

22.46 6.52
78 120 30 35 121
2 OF
COACH
2 35
2 TO WHLHS
EDGE
3032
2 2
1 854312
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL
N/A
TITLE
854312

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING U/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637869
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
N/A
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:10 SHEET 3 OF 4
A SEE SHEET 1 ECN-153889
KIT
XXX
NOTES:

1. FLIP SEAT 8 AND 12 TO INSTALL SIDE CLOSEOUT

2. DRILL .228 DIA HOLE USING REAR CROSS SEAT
BRACKETS AND PROP ROD BRACKET AS TEMPLATES.

3. DRILL .390 DIA HOLE THROUGH WHEEL ARCH

4. ADJUST THE ANGLE ON THE SEAT BOLT-ON STANCHION CUP SO THAT THE STANCHION IS VERTICAL. REFER TO

VENDOR DRAWING FOR INSTALLATION INSTRUCTIONS FOR
MOUNTING STANCHION CUP TO SEAT GRABRAIL.

5. REFER TO SEAT VENDOR DRAWINGS FOR MORE DETAILS WITH REGARDS TO INSTALLING SEATS.

6. KIT 854311 IS TEMPLATE. REFER TO ORACLE BOM
FOR CORRECT SPECIFICATIONS.

7. SALES TO SEND SEAT SPECIFICATION DRAWING 265402-XXXX TO CUSTOMER, WHERE XXXX IS THE CONTRACT SR NUMBER.

8. ALL H/K DIMENSIONS HAVE .50 TOLERANCE, WHERE
H/K = HIP TO KNEE.

9. TORQUE HARDWARE TO 30-35 FT-LBS UNLESS OTHERWISE NOTED.

10. TORQUE HARDWARE TO 5-7 FT-LBS

11. SPLIT BALLOONS SUCH AS REFER TO ITEM XXX IN KIT ITEM 200. ALL SPLIT BALLOONS ARE REFERENCED ITEMS.

13. TORQUE HARDWARE TO 17 FT-LBS.

14. AFTER DRILLING HOLES THROUGH WHEEL WELLS TO SECURE SEAT, APPLY ITEM 121 AS REQUIRED BETWEEN HARDWARE

AND OUTSIDE SURFACE OF WHEEL WELL TO PREVENT ANY WATER INFILTRATION. TORQUE HARDWARE TO RECOMMENDED VALUE.

15. ADD RUBBER CHANNEL (ITEM 122) TO THE OUTSIDE EDGES OF

THE CHESTERFIELD SEATS AND THE SIDEWALL TO COVER SHARP EDGES AND CLOSE GAP BETWEEN THE SEAT AND SIDEWALL.

16. DRILL .312 PILOT HOLE AND TAP FOR 3/8-16 HARDWARE.

17. SLIDE ALL REQUIRED SEAT BOLT ANCHORS (ITEM 79) WITHIN

THE SEAT RAIL OPENINGS ON CS AND SS PRIOR TO INSTALLING SEAT.

18. DRILL 0.531 DIA HOLE. TRIM AWAY FLOORING SO THAT INSERT CAN SIT FLUSH WITH THE STRUCTURE OF THE REAR SHELF.

19. TORQUE HARDWARE TO 2-3 FT-LBS.

20. APPLY 1 TO 2 DROPS OF LOCTITE (ITEM 120) TO THREADS OF HARDWARE. IF ANY HARDWARE IS ALREADY SUPPLIED WITH LOCTITE. NO LOCTITE WILL BE REQUIRED. IF ANY HARDWARE

IS LOOSENED FOR ADJUSTMENTS, RE-APPLY NEW LOCTITE TO THREADS.

21. USE TRASH DEFLECTOR AS TEMPLATES, DRILL .154 HOLES

THROUGH REAR BULKHEAD PANEL INTO STRUCTURE, INSTALL USING SCREW ITEM 44.

22. SEE STANCHION CUP DWG 395198 FOR INSTALLATION INSTRUCTIONS.

SECTION R-R
SCALE 1:6

3.39 13.45

FROM EDGE OF

RR BENCH FLOOR
68 73 120
REF

DETAIL K
SCALE 1:8

SEAT INSERTS, REAR SHELF

PANELS REMOVED FOR CLARITY

PROP ROD
(REF)

PROP ROD

BRACKET
(REF)
MM

SECTION M-M
SCALE 1:6
TYP 16 PLCS

SEE NOTES
19, 20 & 21
120

TYP LH & RH

SEE NOTES
1, 2, 10 & 20
73 SEAT
TRIM
FACE
TYP 4 PLCS

SEE NOTES
2, 10 & 20
43 68

TUBE STRUCTURE
(REF)
44 BULKHEAD

PANEL (REF)

TOP TRASH

DEFLECTOR C/O
(SHIP LOOSE)

FRONT CLOSEOUT

BRACKET
41 6.303.55
R
R

3.71 2.47

FROM EDGE OF

UPPER RR

BENCH FLOOR
120 120
120 30
73 TYP 13 PLCS

SEE NOTES
13, 16 & 20

DETAIL U
SCALE 1:2

SEAT INSERT

REMOVED FOR CLARITY
TYP 6 PLCS
U

FROM FACE

OF TRIM

2.03 SEAT TUBE
REF

CHESTERFIELD

TRIM RADIUS
REF

ALIGN CLIP

ASSEMBLY WITH

SEAT TUBE
75 73 120
TYP 4 PLCS

SEE NOTES
2, 10 & 20

DETAIL V
SCALE 1:2
V
REF
.71
1 854312
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL
N/A
TITLE
854312

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION

TREATMENT

TMPLT-SEATING U/D VISION
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
637869
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE
N/A
NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

STEVE ESTES

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED. 1:10 SHEET 4 OF 4
A SEE SHEET 1 ECN-153889
305 TIRES
T.O. FLOOR

CENTER ISLE

15.5 TOTAL LENGTH INCLUDING BUMPERS
492

BODY LENGTH
(NOMINAL)
482
102

BREAKOVER
ANGLE
9 APPROACH
ANGLE
9 DEPARTURE
ANGLE
9 ENTRANCE DOOR

STEP HEIGHT
14EXIT DOOR

STEP HEIGHT
14 87.5
7581.3

87.3 WHEELBASE
283.75 120.8
117.0
GROUND

CLEARANCE
10 ENTRANCE
DOOR
CLEAR

OPENING
34"

EXIT DOOR
CLEAR

OPENING
(DEPENDANT

ON DOOR

WIDTH AND

GRAB HANDLE

OPTIONS)

CURBSIDE
(UNLOADED BUS)

STREETSIDE
(BUS AT GROSS WEIGHT)

CLEARANCE

REAR SUSPENSION BOLTS

5.6 JACKING PAD

CLEARANCE
8 OVERALL DIMENSIONS

CLEARANCE

REAR SUSPENSION

6.5 WHEEL CTR

TO GROUND
(UNLOADED
BUS)

19.0 WHEEL CTR

TO GROUND
(BUS AT

GROSS WEIGHT)

18.5 133
124

MAX HEIGHT
155.7

MAX HEIGHT
60 1
839550
A
7 2
B
5 E
8 E
C
36 B
14 4
7 A
5 6
8 DRAWING N
0 3
D
C

REPORT ALL ERRORS
TO ENG. DEPT.

D
2 MATERIAL
NA
TITLE
839550

PART N
0 WEIGHT
.X
.XX
.XXX
HOLE DIA.

BEND RADII.

ANGLE TOL.
.12
.06
.03
.015
.03
1 SIMILAR TO

DDESCRIPTION
-

TREATMENT
LAYOUT-XCELSIOR 40FT CNG
DEC.IN.

ECO
DIMENSIONS IN [ ]
ARE IN m.m.

REV
388023
UNSPEC'D TOLS.
(NX)
SCALE

THD ANGLE

NONE

THIS DRAWING AND ALL MATERIAL DELIVERED WITH IT MUST BE RETURNED

MATTHEW BENTLEY

DRAWN BY

DATE (DD-MMM-YY)

ADDITIONAL INFORMATION CAN BE OBTAINED BY REFERENCING THREE DIMENSIONAL DESIGN DATA. CONTACT YOUR NEW FLYER REPRESENTATIVE AS REQUIRED.

NTS SHEET 1 OF 1
A RELEASED TO PRODUCTION ECN-151644

Last Page

IT EM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: A ward three (3 ) Professional Service Agreements, No.’s 3988, 3989 and 3990, to (i) Ford of Montebello, (ii) Chevrolet of Montebello, and (iii) Montebello Tire Pros, to establish an as-needed vendor bench for the Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-4
DATE: June 8, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Award three (3) Professional Services Agreements, No.’s 3988, 3989, and 3990, to (i) Ford of Montebello, Inc. (dba Ford of Montebello), (ii) Montebello Auto Group, LLC ( dba Chevrolet of Montebello) , and (iii) SHAK Enterprises , Inc. (dba Montebello Tire Pros), for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an annual total not-to-exceed amount of $100,000 with each vendor , with the City of Montebello (City) to establish an as-needed vendor bench for the Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-4 (RFP No. 22-4); and 2) Authorize the City Manager, and/or his designee, to take action necessary to execute and finalize each proposed agreement (No.’s 3988-3990) on behalf of the City; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
As
part of the City’s proposed Fiscal Year (FY) 2022-2023 Budget, funding for Citywide Fleet Vehicle Maintenance and Repair Services are appropriated in the b udgets of the following departments: Public Works, Police, Fire, Recreation and Community Services, and Transportation. The annual cost for the as -needed services is for a total not -to- exceed amount of $ 300,000, distributed proportionally across the various Departments.

This amount is similar to actual expenditures in prior years, and what was budgeted for FY 2021-2022. The proposed FY 2022-2023 budget includes sufficient funding based on 14 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 8, 2022 Award three (3) Professional Service Agreements, No.’s 3988, 3989 and 3990, to (i) Ford of Montebello, (ii) Chevrolet of Montebello, and (iii) Montebello Tire Pros, to establish an as-needed vendor bench for the City wide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-4

Page 2 of 3 ends

these prior year trends for the vehicle maintenance and repair services.

BACKGROUND

On January 27, 2022, the City published RFP No. 22-4 (see Attachment “A”) to solicit proposals from highly qualified vendors to provide vehicle maintenance and repair services for over two hundred city-owned and operated vehicles on an as-needed basis.

Prospective vendors were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s advertising platform, PlanetBids.com. In addition, it was the vendors’ responsibility to review and acknowledge all publicly announced addendums and then craft a scope of service in accordance with such changes. Furthermore, vendors were asked to thoroughly review the requirements and submit a complete proposal package including a cover sheet, resume, cost proposal, and three (3) references.

Proposals were due on Thursday, April 21, 2022. The City received four (4) proposals from the following vendors: Ford of Montebello, Chevrolet of Montebello, Montebello Tire Pros, and Diego’s Auto Repair, Inc.

Staff conducted a preliminary review of the four (4) proposals and determined that the proposal submitted by Diego’s Auto Repair, Inc. (Diego’s Auto Repair), lacked the responsibility necessary to provide the requested services. The vendor did not provide any detailed description or information on the company’s workforce, and it was unclear if the vendor had a sufficient number of technicians to meet the City’s service workload while maintaining its day-to-day operation. In addition, Diego’s Auto Repair demonstrated limited experience with multi -year contracts . The remaining three (3) proposals were approved to be reviewed further by the Evaluation Committee.

ANALYSIS
On April 28, 2022, an Evaluation Committee comprised of three (3) raters (Public Works and Transportation Department) evaluated the three (3 ) proposals. Each rater independently reviewed and evaluated each proposal in accordance with the selection process outlined in RFP No. 22-4 (see Attachment “A”).

The proposals received from Ford of Montebello, Chevrolet of Montebello , and Montebello Tire Pros demonstrated that each vendor has the capabilities, expertise, and sufficient resources and workforce to provide the as -needed services requested in RFP No. 22-4. The manufacturing car dealerships, Chevrolet and Ford of Montebello, are well- established vehicle service providers with a network, workforce, and facility footprint that specialize in the manufacturer’s vehicle brand. Both vendors also offer service capabilities for electric vehicles. This is notable since these vehicle brands are maintained within the CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 8, 2022
Award three (3) Professional Service Agreements, No.’s 3988, 3989 and 3990, to (i) Ford of Montebello, (ii) Chevrolet of Montebello, and (iii) Montebello Tire Pros, to establish an as-needed vendor bench for the City wide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-4

Page 3 of 3 ends

city-owned vehicle fleet. In addition, Montebello Tire Pros offers flat rates on routine maintenance services with committed same-day turnaround.

Lastly, these three (3) vendors provide ASE -certified automotive technicians, o ffer an online customer portal that provides vehicle status updates and streamlined services, and possess extensive fleet service management experience. This experience will help each vendor develop a Fleet Service Management Plan customized to the City’s needs t hat ensures operational, reliable, and safe vehicles.

As stated in RFP No. 22-4 , the City will award an agreement to the responsive and responsible vendor whose proposal conforms to the requirements of RFP No. 22-4 and is determined to be the most advantageous to the City, based on the Evaluation Criteria.

Conversely, the City reserves the right to reject any or all proposals for any reason and award an agreement that suits the City’s best interest. Acknowledging these facts, it is recommended that the City Council award three (3) Professional Services Agreements to (i) Ford of Montebello, (ii) Chevrolet of Montebello, and (iii) Montebello Tire Pros (see Attachments “B,” “C,” and “D”) since each vendor offers superlative value to the City depending on the various service needs.

SUMMARY

Staff recommends that the City Council award three (3) Professional Service Agreements, Nos. 3988-3990 (attached hereto in substantial form) , to (i) Ford of Montebello for $100,000 annually; (ii) Chevrolet of Montebello for $100,000 annually; and (iii) Montebello Tire Pros for $100,000 annually—each for a three-year (3-year) term with the option for renewal of up to two (2) additional one -year (1-year) terms, for a total not -to-exceed amount of $1 ,500,000 for the potential five- year (5-year) term with the City to establish an as-needed vendor bench for RFP No. 22 -4; authorize the City Manager and/or his designee to take action necessary to execute and finalize each agreement on behalf of the City; and direct staff to take such additional, and related, action that may be desirable.

ATTACHMENTS:

A. Attachment A – Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-4
B. Attachment B – Draft Agreement No. 3988 to Ford of Montebello, Inc. dba Ford of Montebello
C. Attachment C – Draft Agreement No. 3989 to Montebello Auto Group, LLC dba Chevrolet of Montebello
D. Attachment D – Draft Agreement No. 3990 to SHAK Enterprises Inc. dba Montebello Tire Pros
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 22-4

CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES
January 27th, 2022

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://www.planetbids.com/portal

ATTACHMENT A
RFP No. 22-4
2 City of Montebello

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents

SECTION 2 - GENERAL TERMS AND CONDITIONS 9-19 Addenda
Clarifications
Definitions
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Scope of Contract
Contractor Responsibilities - General
Supplies, Materials, Equipment and/or Services
Warranties and Guarantees
Service Agreement Guarantee
Intent/Objective and Goals
Performance of Work
Time and Consideration
Liquidated Damages
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria

RFP No. 22-4
3 City of Montebello

SECTION 4 – OTHER REQUIREMENTS 20-31 Contract Documents
Bond Requirements
Parts Operation
Facilities and Equipment
Estimates
Automotive Fleet Management Information System (AFMIS)
Performance Requirement Summary (PRS)
Quality Assurance Program
Record Keeping and Reporting
Contractor Personnel
Total Contract Cost
Contractor's Warranty
Contractor's Contingency Plan
Transition Plan
Continuity of Service

SECTION 5 - QUALIFICATIONS 31

SECTION 6 - SCOPE OF WORK 32-37

SECTION 7 - FORM OF CONTRACT (SAMPLE) 37-49

SECTION 8 - FORMS AND CERTIFICATIONS 50-71 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution Exhibit B – References
Exhibit C – Insurance
Exhibit D 1 – Price Sheet for Services
D 2 – Turnaround Time Schedule
D 3 – Facility Inspection Report
D 4 – City-Wide Fleet Composition
Exhibit E -- Statement of DBE Participants
Exhibit F – Bidder’s List of sub-Contractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter of Credit Certificate Exhibit K – Bank Draft

RFP No. 22-4
4 City of Montebello

INTRODUCTION

The City of Montebello (“City”) is soliciting proposals (“Proposals”) from highly qualified Contractors (“Contractors”) to provide vehicle maintenance and repair services for over two hundred city-owned and operated vehicles on an as-needed basis. It is essential that the City properly maintain its citywide fleet to ensure reliable and efficient public services are provided to the residents of the City of Montebello and neighboring communities. The services included in Request for Proposal (“RFP”), No. 22-4 (“RFP No. 22- 4”), will be used by multiple departments (e.g., Transportation, Police, Public Works, Recreation and Community, and Fire) that operate city-owned vehicles.

As Los Angeles County continues to recover from the coronavirus pandemic, the City seeks to stimulate economic growth by extending new opportunities to businesses within the local communities. Therefore, the City intends to select a local vendor who possesses the relevant knowledge and experience necessary for the citywide fleet vehicle maintenance and repair services.

RFP No. 22-4
5 City of Montebello

DATE: January 27th, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL NO. 22-4
TITLE: CITY OF MONTEBELLO

CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES
The City is soliciting Proposals from highly qualified Contractors to provide vehicle maintenance and repair services for all city-owned and operated vehicles. The services included in RFP No. 22-4 will be used by multiple departments (e.g., Transportation, Police, Public Works, Recreation and Community, and Fire) that operate city-owned vehicles.

A Pre-Proposal Meeting will be held on Tuesday, February 15, 2022. The meeting will conven e at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello.

A facility walk-thru will follow the meeting. Proposers must abide by all Federal, State, local, and City coronavirus (COVID-19) protective measures (e.g., face coverings) at all times while onsite.

It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).

Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]

Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will receive a response in accordance with the guidelines contained herein. Responses will be provided in writing to all prospective Propos ers and posted on the City ’s website. Responses to questions or comments regarding RFP No. 22-4 provided by any other department or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.

Proposals must be received by Thursday, March 24, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in RFP No. 22-4. No exceptions will be granted regardless of reason or circumstances.

All Proposals must contain an original signature by an authorized officer of the company.

The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to RFP No. 22-4
6 City of Montebello

participate in the performance of contracts and subcontracts financed in part or whole under RFP No. 22- 4, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.

The City is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services based on race, color, or national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended ("Title VI").

Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with the City. For more information on City’s Civil Rights Program, and the procedures to file a complaint, contact:

Name: Adrianna Kendricks
Title: Acting Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com

You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday January 27th, 2022
Pre-Proposal Meeting Tuesday February 15th, 2022
Deadline to Submit Questions Thursday February 24th, 2022, at 3:00 PM PST Responses to Questions Provided Tuesday March 8th, 2022 Deadline to Submit Proposals Thursday March 24th, 2022, at 3:00 PM PST Presentations & Intent to Award Week of April 11th, 2022

RFP No. 22-4
7 City of Montebello

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist along with any of the required forms or attachments may be cause for considering the Proposal non- responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 52
3 Licensing, Permits, Certificates, and Taxes Page # 12 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Price Sheet for Services
Turnaround Time Schedule
Facility Inspection Report
City-Wide Fleet Composition

Exhibit D

8 Statement of DBE Participants Exhibit E
9 Bidder’s List of sub-Contractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit G
11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Stand-By Letter of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

OPTIONAL ITEMS
15 Requests for exceptions or deviations Page # 8

Company Name:

Name of Proposer initialing document (print):

The email address of Company Contact:

Signature:

Title:

Date:

RFP No. 22-4
8 City of Montebello

SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the City’s official website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, March 24, 2022.

All Proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.

Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK

Proposals shall be typed, single-spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the Proposers' references have been checked. All Proposals shall be accompanied by a completed and signed Letter of Transmittal provided as a part of RFP No. 22-4.

All requests for exce ptions or deviations as a result of RFP No. 22-4 shall be identifiable by a separate section of the Proposer’s submitted Proposal for review by the City. It shall be the right of the City to accept or reject any portion of the submitted requests.

Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the Proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the Proposal non -conforming and non-responsive and may cause its rejection. The completed Proposal shall be without interlineations, alterations, or erasures. Proposer s submitting basic conforming Proposals may choose to submit alternate Proposals as complete and separate offers if the alternate Proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate Proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.

Proposal documents shall be deemed to include by reference each one of the following:

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

RFP No. 22-4
9 City of Montebello

EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a Proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under RFP No. 22-4, (2) Proposer comprehends all conditions that may impact the Prop osal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods, and services necessary to perform the Scope of Work and/or meet the specifications outlined in RFP No. 22-4, in a manner that meets the City’s objec tives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the documents in RFP No. 22-4. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions, and the agreement (“Agreement”) shall not be cause to alter any term of the Agreement nor shall such failure provide valid grounds for a Proposer to withdraw its Proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in RFP No. 22-4 will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or devi ations from the requirements outlined in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a Proposer require clarifications of RFP No. 22-4, the Proposer shall notify the City’s Point of Contact in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The previously mentioned addendum shall be posted on the PlanetBids.com web page.

All questions, clarifications, or comments must be submitted no later than 3:00 PM, Thursday, February 24, 2022. No questions will be answered individually by the City.

Requests for clarification, questions, and comments must be posted on the PlanetBids.com Q & A section.

The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarificati ons, comments , and questions will be communicated via PlanetBids.com. Every attempt will be made to respond to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

Requests for clarifications and questions should be formatted in the following manner:

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question
RFP No. 22-4
10 City of Montebello

DEFINITIONS

Proposer/Vendor/
Contractor
Any manufacturer, firm, company, or agency providing services, equipment, software, or supplies for this RFP.

User Department The various City departments utilizing the services, provided under this contract from Contractor.

Customer Vehicle
Coordinator
Individual(s) assigned by a City Department to be responsible for initiating, reviewing, and approving vehicle equipment repairs, disposals, specifications, and maintenance on behalf of that user department.

City The City of Montebello, a municipal corporation.

Contract The final, written agreement executed by the City and the successful Proposer which sets forth the rights and obligations of the Parties in connection with the Work, and which will be included with the Contract Documents.

Notice to Proceed Purchase Order issued from the City to the successful Proposer specifying the date on which the Work under the Contract is to be initiated.

RFP Request for Proposal
Specifications Part of the contract documents that adequately and completely describes the locations, dimensions, character, properties, requirements, and details of the Work. Contract specifications include, without limitation, all things described, referenced, or state d in any Contract document as a “Specification”,” Statement of Work” or “Scope of Work” or “Scope of Services.”
City Recognized
Holidays
The Holiday schedule changes each year, and therefore contractor shall obtain an annual update of recognized holidays.

Downtime/Vehicle
Turnaround Time
Standards
Downtime shall mean the percentage of time a piece of equipment is unavailable for use due to a need for repair or preventive maintenance work.

Work Any and all of the labor, material, services, supervision, tools, machinery, equipment, supplies, facilities, and support used by the Proposer to generate the results specified, indicated, or implied in the requirements described in the contract Statement of Work and/or Specifications.

Defect Patent or latent malfunction of failure in manufacture or design of any component or subsystem that causes a product to cease operating or causes it to operate in a degraded mode.

Automotive Fleet
Management
Information
System (AFMIS)
The Independent Service Contractor (ISC) shall have a fleet management information system that shall be used to track City vehicles, assigned to this contract, and shall include the ability to track and report the following: Prev entative Maintenance, Schedule Maintenance, Parts usage, by vehicle, Parts Expenditures by Vehicle, Individual Vehicle Summary Reports, to include all these items, in addition to current mileage and department vehicle is assigned to.

Assets This term refers to vehicles, light duty trucks, heavy duty trucks and vans Vehicle
Classification
City's vehicle classification approach (used in AFMIS to classify assets) uses the Standard Vehicle and Equipment City assigned vehicle number and manufacture type, year, and fuel type.

RFP No. 22-4
11 City of Montebello

DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of any worksite, assets, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No Proposer shall at any time after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the City, and clarified before the submission of Proposals.

WITHDRAWAL OF PROPOSALS
Proposers may withdraw their Proposals in writing, provided that such requests are received by the City before the scheduled deadline for Proposal submission or within six (6) months following the scheduled deadline for Proposal submission when no contract has been awarded.

REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the Proposal. Refer to Exhibit B.

At the discretion of the City’s committee assigned to review Proposals in response to this RFP (“Evaluation Committee”), the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members would travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the Evaluation Committee with an increased understanding of the process and assess the Proposer’s implementation and performance.

PROPOSAL SIGNATURES
If an individual makes the Proposal, it shall be signed, and the full name and address of the Proposer shall be given.

If a partnership makes the Proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.

If a corporation prepares the Proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Proposal. A certified letter is to be included in the Proposal accompanied by the Letter of Transmittal.

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the Proposal in response to this request
· Submitting that Proposal to the City
RFP No. 22-4
12 City of Montebello

· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award

CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:

1. Reject any and/or all Proposals for no reason or any reason including but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

2. Reject any Proposal that, in the opinion of the City, is so unbalanced in comparison to other Proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

3. Accept all or any part of a Proposal;

4. Cancel the entire RFP;

5. Issue subsequent RFPs; or

6. Waive any errors or informalities in any Proposal, to the extent permitted by law.

LICENSING, PERMITS, AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City and, unless the City’s prior written agreement to maintain all or part of a Proposal confidential as a trade secret is first obtained, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any Proposals or portions thereof absent such agreement; nor shall such agreement preclude the City from disclosing any Proposal or portion thereof where such disclosure is required by law.

JOINT OFFERS
Where two (2) or more Proposers desire to submit in response to RFP No. 22-4, they shall do so on a prime-sub-Contractor-basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture . Any Proposal submitted on behalf of any RFP No. 22-4
13 City of Montebello

form of a joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be emplo yees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of the contract. All sub -Contractors of successful Proposer shall abide by all the requirements outlined in this section.

SINGLE PROPOSAL RESPONSE
If only one Proposal is received in response to this RFP, a detailed cost/price Proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs ( i.e., labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.

PROTEST PROCEDURES
All protests must be filed in accordance with the following:

1. The protest must be in writing and identify the solicitation (RFP) number.

2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.

3. The party’s standing to protest must be identified.

4. Identification of the specific provision, law, regulation, specification, procedure , or policy violated.

5. A statement of the relief requested.

Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date; or within five (5) days after proposal opening. If the Protest does not comply with the preceding requirements, it may not be evaluated and may be returned to the Protestor.

All protests shall be submitted to the City’s Point of C ontact. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.

INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments , and representations made in the successful Proposal, shall be binding, and incorporated by reference in the City’s contract with the successful Proposer.

RFP No. 22-4
14 City of Montebello

TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the RFP. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Contractor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Vendor and the City.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.

Payment will be made within thirty (30) days after acceptance and approval of the invoice.

Payment Schedule: Monthly
Manner: Provide (1) One invoice monthly.

SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this RFP.

CONTRACTOR RESPONSIBILITIES - GENERAL

The Contractor shall furnish all supervision and labor needed to manage and maintain the fleet in a state of repair consistent with the performance standards and service specifications identified in this Statement of Work (SOW). The Contractor shall purchase, supply, and manage inventory of materials and parts pursuant to the provision of such services. The Contractor shall be responsible for providing any tools and equipment needed to provide services. The Contractor shall be responsible for managing City vehicles, in this SOW. The Contractor will be required to provide maintenance and repair services to vehicles as needed within the City.

SUPPLIES, MATERIALS, EQUIPMENT AND/OR SERVICES

It is hereby agreed that the Contractor shall provide the supplies, materials, equipment, and/or equipment in conformation with these General Specifications, any and all Special and/or Technical Specifications detailed in the Scope of Work Section contained in this proposal package.

WARRANTIES AND GUARANTEES

The Contractor will deliver to the City, along with the supplies, materials, equipment, and/or services, all supplier's and manufacturer's warranties and guarantees covering the "requirements" provided under the contract.

The Contractor shall make the following warranties concerning the "requirements":
• They shall conform to the specifications.
• They shall be of good material and workmanship and be free from defects and be functionally acceptable.
• They shall be suitable for their intended use(s).

They shall not infringe upon any United States or fo reign patent. In providing them, the Contractor shall have complied with applicable Federal, State, and local laws and regulations.

RFP No. 22-4
15 City of Montebello

The Contractor shall not assign nor transfer any interest in this agreement without the prior written consent of the City. In addition, none of the services covered by this agreement shall be sub-contracted or contracted out without the prior written consent of the City.

The Contractor, at its own expense, shall secure all permits and licenses necessary to the performance of the contract. Failure to do so constitutes grounds for termination of the contract.

The Contractor shall, at its own expense, obtain and pay premiums for any required insurance(s) for the operation of its services. Proof of insurance coverage must be made available to the City.

SERVICE AGREEMENT GUARANTEE

• Furnish services described in the solicitation and resultant agreement at the times and places and in the manner and subject to conditions therein set forth provided that the City may reduce the said services at any time.
• Enter upon the performance of services with all due diligence, and assiduously press to its complete performance and exercise therein the highest degree of skill and competence. • Perform all work and services in strict accordance with all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agents.
• All services to be inspected or reviewed by a representative of the City or designated agent at any reasonable time and place selected by the City. The City will be under no obligation to compensate the Contractor for any services not rendered in strict conformity with the agreement. • Stipulate that the presence of a representative of the City as a Quality Assurance Inspector will not lessen the obligation of the Contractor for performance in accordance with the agreement requirements, or be deemed a defense of the part of the Contractor for infraction thereof. The inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the agreement documents. Any omissions or failure on the part of the inspector to disapprove or reject any work or material will not be construed to be an acceptance of any such defective work o r material. Notification of an omission of failure will be documented by the City.

INTENT/OBJECTIVE AND GOALS

The City intends to establish cost and performance standards for fleet maintenance with a system of rewards and liquidated damages to the Contractor for attainment/failure to meet these standards. The City has determined a fee of one hundred dollars ($100.00) per day, per incident, will be assessed against the Contractor for each discrepancy which is not corrected within three (3) days of notification to the Contractor.

• Vehicle and equipment reliability - <1 breakdown/25,000 miles of service • Completion performance - 100% of all work orders (WO) done on schedule • Unscheduled repair performance - 2% of all repairs returned for same work again • Parts inventory and availability - No vehicle shall set more than 3 days because of lack of parts:
written approval required
• Quality of workmanship - 100% of all repairs completed satisfactorily • Computerized maintenance software - all information will be av ailable on electronic medium; monthly reports due the 10th

RFP No. 22-4
16 City of Montebello

a. Product and Labor Warranty - Contractor will submit all warranty claims within 30 days and credit the City.
b. Police Patrol Units - no more than three (3) patrol units on hold at any given time; written approval required.
c. Achieve a maintenance and repair turnaround rate of less than 24 clock-hours 80 percent of the time and a turnaround rate of less than 48 clock-hours 95 percent of the time d. Provide excellent overall customer service
e. Achieve a high standard of fleet safety and reliability f. Create a fleet maintenance environment where the City's Independent Service Contractor (ISC) will be the fleet maintenance service provider of choice. g. Minimize fleet management maintenance and repair cost and therefore, overall fleet cost and costs to the City.

The City intends to conduct a two-step procurement for these fleet repair management and maintenance services. Step one (1) is evaluation of the written submittal and oral interview response to this RFP. Step two (2) is negotiation of the final agreement with the qualified Respondent whose proposal is ranked the highest.

The City expects the final agreement to be similar to and include all the work elements of the Statement of Work within this RFP. The City may elect to conduct oral presentations to clarify any uncertainties in the proposal. Oral presentations may be required by senior management of the contractor who have the ability to answer all questions regarding their proposal within thirty (30) days after receipt of bids.

PERFORMANCE OF WORK
These specifications intend to provide only services that meet the standard of care of similar contractors performing similar services in the same or similar locale. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work according to the provisions. It is the aim of these specifications that the Contractor provides complete services of the type prescribed. Any items omitted from such specifications that are necessary for the completion of such services shall be considered a portion of such services, although not explicitly specified or called for in these specifications.

No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

TIME AND CONSIDERATION

If the Contractor fails to make delivery of the supplies, materials, equipment and/or services within the specified time, or fails to perform any of the other provisions of this contract, the City has the right to terminate the contract for default. If in the opinion of the City, the failure to deliver results from supplier negligence to perform as specified, the liquidated damages clause, may be enforced.

All disputes that might arise under this contract and cannot be resolved between the Contractor and the City will be handled through the Purchasing Agent's Office.

If, in the opinion of the City, it is the best interest of the City to terminate the contract, for convenience, the City agrees to only pay for supplies and/or services delivered or performed by the Contractor at time the Contractor is made aware of the termination notice.

Any such termination notice shall be affected by delivery, to the Contractor, of a notice of termination specifying the extent of performance under the contract being terminated and the effective date of termination.

RFP No. 22-4
17 City of Montebello

LIQUIDATED DAMAGES
In the event that the supplies, materials, equipment, and/or services are not delivered and/or performed by the Contractor as expected, a liquidated damage provision in the sum of the difference in cost for the City to acquire the supplies, materials, equipmen t, and/or services from an outside source plus administrative fees will be deducted from the next order to the winning Proposer of the original contract.

However, any delay in delivery of supplies, materials, or equipment and/or services shall not initiate the liquidated damages provision of the contract if the delays are determined by the City to be beyond the control of the Contractor.

Definition of delays beyond the control of the Contractor: Delays can include , but are not limited to, disaster declarati on by Acts of the Government of the United States; Government of the State of California; Government of the City of Montebello (in either its sovereign or contractual capacity):
guarantee restrictions; and strikes. In every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

If delays are caused by the default of a subcontractor(s), the assessment of damages against the Contractor shall apply.

AWARD OF CONTRACT
The Agreement resulting from this RFP will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council, or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
· Accept all or any part of a proposal;
· Reject any or all proposals for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFP; or
· Issue subsequent RFP’s.

An Evaluation Committee comprised of City staff in accordance with the Proposal Evaluation Criteria set forth in the Evaluation Criteria section of this RFP will evaluate all the Proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, there after, to award a contract to the Proposer offering the most favorable terms to the City . However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

No Agreement shall exist until the City Council or City Manager has awarded the Professional Services Agreement (“Agreement” see Section 7 – Form of Contract [Sample]) and it has been mutually executed.

The City reserves the right to reject any and all Proposals for any reason, to waive any informality or minor errors as determined by the City in any Proposal, and to award the Agreement as the best interests of the RFP No. 22-4
18 City of Montebello

City may require. The a ward, if any, may be made by the City within ninety (90) calendar days after the opening of the Proposals.

POINT OF CONTACT
This RFP is issued by the City, and the Senior Procurement Analyst will be the City’s Point of Contact during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Procurement Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]

If the City’s Point of Contact determines a response to any such inquiry is warranted, the response will be issued to all prospective Proposers via PlanetBids.com.

EVALUATION OF PROPOSALS
The City uses a selection process in which Proposals contain qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or a project management plan. The award selection is based upon consideration of qualitative factors to determine the offer deemed most advantageous to the City.

An Evaluation Committee will be appointed to review all proposals . The committee will be comprised of City staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.

The City will evaluate the offers based on the following criteria: Pass/Fail Criteria  The Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example, a sample certificate with another agency, or a statement that the Proposer can meet the insurance requirements in the RFP shoul d be attached to the proposal.
 The Proposer has demonstrated evidence of good standing. If the Proposer is a corporat ion or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partn ers or members. Evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.

RFP No. 22-4
19 City of Montebello

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.

The committee will then open the cost and price proposals and evaluate and score them a ccordingly.

During the qualitative evaluation, the Evaluation Committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the qualitative and cost/price proposals have been evaluated and scored, the Evaluation Committee will arrive at a “comprehensive proposal score” for each proposal . A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by the Evaluation Committee members.

At this time, the Evaluation Committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

The Evaluation Committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing Proposal will be re-scored along with revised Proposals in the same manner as the original Proposals.

EVALUATION CRITERIA
Award will be made to the Contractor whose Proposal offers the best value to the City . Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan 15 points
2 Proposed Project Team 10 points
3 Qualifications and Experience 20 points
4 Technical Approach 30 points
TOTAL 75 points

Price Considerations
The Price Proposals will be evaluated as follows:

The Proposer’s Price Proposal will be compared to the Proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion (25 points). All other Price Proposals will be scored as follows:

Proposer Price Score = Best Price Proposal x 25 (Total Points Available for Price Evaluation).

RFP No. 22-4
20 City of Montebello

SECTION 4 – OTHER REQUIREMENTS
CONTRACT DOCUMENTS: Oral Changes / Contract Termination (a) Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, the City prior to becoming a Contract modification.

(b) Contract Termination: The City may terminate any resulting Agreement for convenience at any time by giving the Contractor written notice thereof . Upon termination, the City shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by the City to effect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In addition, the City shall pay the Contractor a percentage of the project, which relates to Contract work accomplished to date of termination . The effective date of termination shall be the date of Notice of Termination.

In the event the Contractor breaches the terms or violates the conditions of the Agreement, and does not within ten (10) days, thereafter, cure such breach of violation, the city may immediately terminate the Agreement for default. The Contractor shall be liable for any and all costs incurred by the City as a result of such default.

BOND REQUIREMENTS

Bid Guarantee
During the proposal submission, the Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 10% of the total bid price.

In submitting this bid, it is understood and agreed by Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive. (Exhibit H. Performance Bid Guarantee)
RFP No. 22-4
21 City of Montebello

Performance Guarantee
A Performance Guarantee in the amoun t of 10% of the Contract value is required by the City to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Contract execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authoriz ed under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in prot ection shall generally equal 10 percent or more of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The City will only accept the Irrevocable Stand-By Letter of Credit if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

5. It is in an amount equal to 10% of the Contract value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

Payment Bonds
A Labor and Materials Payment Bond the amount of 10% of the Contract value must be furnished by the Contractor to the City as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.

RFP No. 22-4
22 City of Montebello

PARTS OPERATION
Procuring, Stocking, and Issuing of Parts
Parts Inventory
The Contractor shall procure, stock, and furnish all new parts, materials, supplies, and fluids required for the operation and maintenance of all City vehicles in accordance with parts management practices acceptable to the City and meeting all relevant OEM and City standards/specifications.

Parts Ownership
All parts shall remain the property of the Contractor or the Contractor's supplier until such time as they are used to repair or replace a defective part or component on a City vehicle.

Parts Management
The Contractor shall issue/charge all parts, mat erial, and labor hours in the Contractor’s AFMIS, on all repairs/work performed on City vehicles.

Cannibalization of Parts
The Contractor shall not cannibalize parts from City vehicles for use on other vehicles, without the prior written approval of the City’s Project Manager (PM). Upon the City’s request, the Contractor must return replaced parts to the City.

Parts Costs
At times, the City has market -favorable pricing concerning parts, tires, etc., through its procurement contracts, and/or GSA schedule pr icing. The Contractor may be granted permission to purchase parts through the City's channels if the Contractor so desires. Furthermore, if conditions or pricing warrants, the Contractor shall make every effort to purchase certain parts from the City's con tract or the GSA and National Joint Powers Alliance (NJPA) contract whenever a cost saving exists.

Quality of Parts to be furnished
Parts used to maintain and repair the fleet must be equivalent to or exceed the specifications of OEM.

However, if the OEM has updated the quality of the parts for current production, parts supplied under this contract must be equivalent to or exceed the updated quality.

Note: The City reserves the right to exclude the use of specific part brands or specific components on City vehicles.

City vehicles under warranty and/or emergency and first responder vehicles (e.g., Police and Fire) that have failing or defective parts shall be replaced with the OEM. For instance, defective or failing parts of Ford, GM, or Dodge shall only be replaced with genuine OEM genuine Ford, GM, or Dodge parts only.

Tires
The Contractor shall ensure comprehensive tire services that include , but are not limited to , tire replacement, repair, inspecting, balancing, and field tire services. All tire replacements are to be new tires of the same size, type, load, wear, and traction ratings as provided by the OEM unless otherwise approved in writing by the City.

The Contractor shall follow all OEM tire repair guidelines for City vehicles and must have a tire re pair RFP No. 22-4
23 City of Montebello

process in place from the OEM of the tires. All emergency vehicles do not qualify for any tire repair and must be replaced with a new tire. The Contractor shall be responsible for all tire repairs that cause damage to a vehicle.

The Contractor shall o btain three quotes for all tires used on City Vehicles and retain on file for each vehicle affected, or use City contracts. There shall be instances that the Contractor may only purchase tires from a specific OEM, for example, Police Cruisers, and therefore must document this practice and discuss it with the PM.

Note: Tires on all emergency and first responder vehicles which are discovered to have met the useful life and/or damaged in the day-to-day operation (e.g., Nail, collision, alignment issues, etc.,) shall be replaced with new tires that are designed for emergency and first responder vehicles to meet the particular vehicle application and size designated by the vehicle OEM. Any new tires replaced on any one axle requires the replacement of both tires on that specific axle. The tires that have been removed from the emergency and first responder vehicles must be inspected for reuse on applicable City vehicles with the same tire requirements based on vehicle OEM specifications. The Contractor must be conf ident and perform a safety inspection to ensure the reuse of the emergency and first responder vehicles’ tires are safe to operate on City vehicles.

Rebuilt/Remanufactured Parts
Rebuilt/remanufactured parts must conform to the OEM’s reconditioning toleran ces and the warranty shall be tracked and monitored to ensure that the City is not charged for any warranty part which was found to meet the warranty guidelines of the specific part/component that failed during the warranty period.

FACILITIES AND EQUIPMENT

City Facilities
The City has multiple departments that retain City vehicles; the Contractor shall ensure that the vehicles are free of leaks (oil, coolant) that may impact the environment and storm drains.

Potential Safety or Environmental Hazards
The City does not warrant or guarantee against the possibility that safety or environmental hazards, or potential hazards may exist at the facilities. The Contractor will be responsible for identifying any potentially hazardous conditions caused by a City vehicle for which the contractor is responsible for, and notifying the City of these conditions as soon as possible.

Days and Hours of Operation
Contractor shall provide all services as set forth in this Contract Monday through Friday during Contractor's normal business hours. The City will be open from 7:30 a.m. to 5:30 p.m. unless otherwise notified by the PM in writing. The Contractor is not required to perform services on City recognized holidays unless an emergency condition has been declared.

Hours for individual facilities are subject to change according to customer requirements. Any changes in facility hours will be mutually agreed upon and placed in writing by the Contractor and the PM.

Regulatory Permits/Certifications
Contractor shall be responsible for acquisition and payment of all facilities licenses, permits, and other regulatory certifications necessary to provide Services pursuant to this Contract.

RFP No. 22-4
24 City of Montebello

Supplies/Tools/Portable Equipment
Contractor shall provide, at their sole expense, all shop supplies, tools, and portable equipment necessary to perform all services set forth in this Contract.

Security & Safety
The Contractor is responsible to ensure the safe keeping of all City vehicles at facilities. Any vandalism, theft or damage to vehicles determined to be the responsibility of Contractor, by failure of safekeeping, shall be repaired at the expense of the Contractor. The Contractor's Project Manager or designated representative will provide an immediate oral report fol lowed by a written report of any incident/accidents that occur on City property. The written report is due within twenty -(24) hours of occurrence or discovery of occurrence to the PM. The Contractor shall furnish and maintain safety supplies and equipment, including first-aid kits, eye wash and flashlights at its facilities. The Contractor will use materials and equipment that are safe for the environment and personnel. Contractor personnel must be trained in the use of basic safety equipment.

Facility Maintenance Tasks
The work performed at the Contractor(s) facilities is a reflection of the City and therefore shall maintain a positive image within the community and on behalf of the City. The Contractor shall ensure its facilities are maintained and will be responsible for housekeeping and supplies, which includes janitorial service.

Maintenance services of contractor's facilities will be cared for by the Contractor as follows:

Facility Inspection
The City reserves the right to inspect all facilities operated by the Contractor in the performance of this Agreement and note any deficiencies on Exhibit D3, Facility Inspection Report. The Contractor will be provided a copy of the facility inspection report on the day of inspection and shall be responsible to rectify any deficiencies within the period specified on the report. The City will inspect the facility prior to award and yearly thereafter or sooner if Contractor is reported to be in violation of any City, County, or other governing agency as part of doing business in the State of California.

ESTIMATES

Requirement
The Contractor will provide estimates, where appropriate, before major work is done; for example:

Transmission, Engine, Differential, or other major part or component repair beyond normal preventative maintenance, and use Motor labor Time Guide or Equivalent to establish reasonable time standards.

Repairs estimates must be analyzed by the City to determine the repair's cost effectiveness and be specifically approved by the City. When equipment replacement appears to be more cost effective than repair, such recommendation shall be presented in writing by the Contractor to the City. The City will make the final determination on replacement.

The Contractor shall be responsible for processing accident repairs including appraisals, obtaining repair estimates for insurance claims, transportation of vehicle to/from repair site (when possible), repair quality and timeliness, and shall be responsible for administration, including the payment of invoices. Contractor must document three (3) competitive estimates, if unable to get at least three (3) or more, contractor shall document the contractors it contacted for the estimates for all accident repair s. Note: Accident repairs shall not be included in the target cost.

RFP No. 22-4
25 City of Montebello

Labor Times
The Contractor will utilize mechanical labor times as published by the Motor's Labor Time Guide or equivalent, with City written approval, including proper allowances for combination operations (overlaps).

The Contractor will obtain City written approval prior to using labor time not published in the Time Guide.

All time estimates will be entered into the Automotive Fleet Management Information System (AFMIS).

Approval
The C ontractor must obtain written approval (facsimile, electronic mail or electronic signatures are acceptable) by City Vehicle Coordinator or designee on all estimates prior to performing any work outside the normal preventative maintenance, unless prior written approval is already on file. If work is performed without prior written approval such work shall be at the cost of Contractor.

Excessive or Inappropriate Estimates
In those instances, wherein the PM determines the repair estimate to be excessive or inappropriate, or workmanship has failed to meet reasonable standards, the City ma y seek review or negotiate with Contractor for revisions in repair costs. The City may also, at its sole discretion, send t he vehicle to a neutral party that performs the same type of work that may be in question, for estimates and/or repairs.

If it is discovered that Contractor is considerably escalating cost and consistently beyond independent cost analysis, which will be available for contractor review, the City reserves the right to use other sources to perform the work, and to cancel the contract for frequent excessive cost estimates.

AUTOMOTIVE FLEET MANAGEMENT INFORMATION SYSTEM (AFMIS)

· The Contractor shall have an Automotive Fleet Management Information System (AFMIS) with enough functionality to track and perform all aspects of this SOW. · Contractor shall demonstrate and provide print outs of the features and functionality that their AFMIS can perform.
· The Contractor will open all WO in AFMIS at the time vehicles are presented for service. W O status will be updated real-time. All parts and sublet transactions will be promptly recorded in AFMIS. The WO reviewing and scheduling capabilities of AFMIS will be used to their fullest possible extent to foster timely automated notification of repair schedules to affected city departments. AFMIS will be used to notify effected city department when vehicle services have been completed and vehicles are ready to be picked up. The Ci ty will be given limited access to AFMIS, as it relates to the vehicle contract. This will allow AFMIS to deliver notifications of work-order and service completions to the person most directly involved with the daily utilization of the vehicles. Further, it will allow the effected City department to view the status of any vehicle that is in the contractor's facility for service and repair.

Safe Computer Practices
Contractor shall maintain safe computer system practices and ensure that City data is protected from destruction and/or viruses. Secure passwords will be established for each computer -using Contractor employee and the Contractor will ensure that employees with passwords properly protect their usage.

Data Integrity
The Contractor will not allow any users access to programs that change or delete data without the written permission of the City. The Contractor shall follow applicable policies for adding or modifying any information relating to City vehicles in their AFMIS.

RFP No. 22-4
26 City of Montebello

Report Provisioning
The Contractor will have ability to run reports for PM in relation to the City vehicles that shall include per- vehicle expenses, department assigned vehicle expense, total current expenses and mileage, and labor costs to include most common part/component failure of City specific vehicle or vehicles.

Monthly Report: The Contractor shall provide a consolidated monthly management report to be delivered to the City on or before the 10th calendar day of the month following the reporting period. The report shall include, but not be limited to:
· Maintenance and Repair costs for the month by City Department. · Performance reviews in each performance area subject to reward/liquidated damages for that month and cumulative damages for that contract year.
· Costs for accidents and other items not included in original proposed costs. · Number of shop orders and quick fixes.
· Number of service calls.
· Number of vehicle work-orders scheduled/completed on time. · Downtime by category and in total.
· Cumulative records of sub-contracted work.
· Total labor hours expended.
· Total parts cost.
· Problem/accident summary.
· Goals achieved and goals for the next month

Annual Summary Report: The Contractor shall provide the City with a written annual report. The annual report shall contain a summary of the year's activities, performance standards met and unmet and other relevant information, by January 30th.

PERFORMANCE REQUIREMENT SUMMARY (PRS)

Listings of Services used in the Performance Requirements Summary (PRS) are intended to be completely consistent with the Contract and the body of the SOW, and are not meant in any case to create, extend, revise, or expand any obligation of Contractor beyond that defined in the Contract and the body of the SOW. In any case of apparent incons istency between Services as stated in the Contract and the body of the SOW, PRS, the meaning apparent in the Contract and the body of the SOW shall prevail. If any service seems to be created in this PRS which is not clearly and forthrightly set forth in the Contract and the body of the SOW, that apparent service will be null and void and place no requirement on Contractor.

The City shall monitor Contractor's performance under the Contract in accordance with the PRS. When the Contractor's performance does not conform to the requirements of this Contract, the City shall have the option to apply the following non-performance remedies:
· Require Contractor to implement a formal corrective action plan, subject to approval by the City. In the plan, the Contractor must include reasons for the unacceptable performance, specific steps to return performance to an acceptable level, and monitoring methods to prevent recurrence. · Reduce payment to Contractor by a computed amount based on the assessed fee(s) in the PRS. · Reduce, suspend, or cancel this Contract for systematic, deliberate misrepresentations or unacceptable levels of performance.

Failure of the Contractor to comply with or satisfy the request(s) for improvement of performance or to perform the neglected work specified within ten (10) days shall constitute authorization for the City to RFP No. 22-4
27 City of Montebello

have the service(s) performed by others. The entire cost of such work performed by others as a consequence of the Contractor's failure to perform said service(s), as determined b y the City, shall be credited to the City on the Contractor's future invoice. This section does not preclude the City's right to terminate the Contract, as provided for in the Contract.

QUALITY ASSURANCE PROGRAM

The Contractor shall implement a Quality Assurance Program for the management of the repair and maintenance of defined fleet and for the upkeep of the contractor's facility(s). The program shall include provisions for meeting specified performance standards, for maintaining quality workmanship, f or providing a high level of customer service, and for reducing fleet costs incurred by the City. The Contractor shall provide a detailed Quality Assurance Program within thirty (30) days of approval of contract. The plan is subject to approval by the City and shall address, at a minimum, the following items before notice to proceed is issued:
· Repair Performance
· Parts Availability
· Vehicle Safety and Reliability
· Customer Service
· Cost Reduction Initiatives
· Quality Control Processes

RECORD KEEPING AND REPORTING

Contractor Records
Upon prior notice by the City, the Contractor shall provide authorized City representative's access at all reasonable times to all electronic and hard data, books, records, correspondence, instructions, plans, drawings, receipts, vouchers, and memoranda, and shall provide to the City cost verification for work.

Reference Files and Procedures
The Contractor shall maintain a complete file of service manuals, service bulletins, lubrication charts and other information needed to p roperly service and repair the fleet. A hard copy history folder shall be maintained by the Contractor for each vehicle. This folder will contai n, in chronological order, all WO , inspection records, and supporting documentation such as towing receipts, sub let receipts and the like generated on each vehicle. The folder shall also contain the vehicle's make, model, year, and serial number (VIN if appropriate), warranty information, most recent mileage, and invoice information.

AFMIS Requirements
The Contractor will utilize its own approved AFMIS to maintain an electronic record keeping and reporting system for all services performed on the City's fleet.

Ownership of Records
All reference files and procedures and all electronic data is the property of the Cit y upon completion or termination of the contract.

CONTRACTOR PERSONNEL

The Contractor will staff facilities in such a manner as to permit it to achieve the performance standards and meet all of the other requirements of this SOW.

RFP No. 22-4
28 City of Montebello

Selection of Personnel
Contractor's staffing plan must include all performing work referenced herein. The plan must include an organization chart identifying specific job classifications (with job classification descriptions), the specific number of employees in each job classification.

The Contractor shall have the responsibility for selecting personnel to perform the services outlined in this Statement of Work and for determining and providing wages, salaries, and benefits for its employees.

The Contractor's Project Manager a nd Operations Manager shall have proven technical and managerial experience in the field of fleet management, maintenance, and repair.

Changes in Personnel
The Contractor shall notify the City of changes in personnel (Project Manager and/or Operations Manager). The Contractor's proposal to change its Project Manager and/or Operations Manager must include a transition plan.

Uniforms
AII employees, including porter, shall wear uniforms which shall include the Contractor's and employee's name in a visible location and a legible color and style. Uniforms are to be kept clean and in good repair.

All uniforms will be provided by, and at the Contractor's expense.

TOTAL CONTRACT COST

Pricing Schedule
Contractor pricing is set forth in Pricing Schedule, Exhibit D1. The Contractor will not invoice, and the City will not pay for any services not set forth in the Pricing Schedule, Exhibit D1, unless agreed upon by the City's designated approval authority.

Note: Contractor shall pass onto the City all promotional specials, and or discounts offered to the general public, to any and all City vehicles that are in for repair during the promotional dates/offer, for example:

City vehicle in for oil change shall receive the promotional offer and include all aspects of the promotion.

Target Cost (Estimated Annual, Smog, Car Wash, Tune up) Target Cost: The cost proposal which is the Contractor's operating budget for each year of this contract is the target cost for the initial year and shall be determined from the proposal submission. Contractor's fee for services will be based on a fully burdened labor rate and parts costs.

General Conditions of Proposal
The General Conditions of Agreement between the City and Contractor are included in this SOW.

Contractors Relationship to the City of Montebello
Contractor as an Independent Contractor
It is expressly agreed and understood that the Contractor is in all respects an Independent Contractor as to the work, and that the Contractor is in no respect an agent, servant, or employee of the City. Th e agreement will specify the work to be done by the Contractor, but the method utilized to accomplish the work shall be the responsibility of the Contractor.

Subcontracting
Contractor may subcontract services to be performed hereunder with the prior approval of the City, which shall not unreasonably withhold approval. No such approval will be construed as making the City party of, RFP No. 22-4
29 City of Montebello

or to, such subcontract, nor shall approval b e construed as subjecting the City to liability of any kind to any Subcontractor. No subcontract shall, under any circumstances, relieve the Contractor of its liability and obligation under th e Contract; and despite such subcontracting the City shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor and will be held to the same insurance coverage etc.

Costing Methodology
Cost Proposal
The cost proposal, which shall be the Contractor's operating budget for each year of th e Contract, shall include the following cost items:
a. Hourly Rate, fully burdened
b. Parts/supplies/outside services used to perform WO/Safety inspections. c. All items identified in Exhibit D1.

Mechanical Labor Hourly Rates
Contractor hourly rates shall not exceed the hourly rates stated in the Pricing Schedule. All related administrative costs shall be 100% burdened in Contractor's mechanical shop hourly rates. Contractor may subcontract at rates equal to or lesser than the Contractor hourly rates set forth in the Pricing Schedule.

Cost Savings initiatives
In addition to the Contractor's cost and fee, the Contractor shall look for and propose cost saving initiatives to the City to mitigate or offset any foreseen issues from a particular type of vehicle that the City owns or provide input on the type of vehicle that the City should consider, based on fleet use and experience with fleet and or knowledge of new technology that is new to the market.

Adjustments in the Approved Budget Changes in the Size or Mix of the Fleet The maintenance and repair service cost may be adjusted, by mutual consent, to correspond to increases or decreases in the fleet size, or adding new vehicles in each class . These adjustments shall be as fleet composition changes, and or reviewed quarterly.

Unusual Cost
The Contractor may petition the City for an adjustment to the approved budget at reasonable times on the basis of unusual changes in the Contractor's cost of doing business. For purposes of this Section, "Unusual Changes" shall mean items not covered by this Contract, which occur through no fault of the Contractor; the term shall not include price increases arising in the ordinary course of business. The amount of any adjustment pursuant to this paragraph shall be determined by mutual agreement.

Annual Adjustments
Should the City choose to exercise future year options, the cost target, approved budget, including the Contractor's fee shall be negotiated for the second and subsequent years of the Contract.

Subcontracted Services
The Contractor will indicate on Exhibit D1 , Pricing Schedule, and or supply City with actual cost of subcontracted services and identify services.

The Contractor shall be responsible for arranging, scheduling, and managing the performance of subcontracted services which cannot be performed economically in -house; and shall be responsible for continued review of the need for specific outside repairs as opposed to performing repairs. These outside RFP No. 22-4
30 City of Montebello

repairs may include transmission, engine and repair, radiator work, and such other work that can be utilized at minimum cost to the City. The Contractor's plan for outside repairs shall be stated in the proposal and included in the target with exceptions as noted in the document. The plan shall list the name and address of proposed subcontractors.

The Contractor shall use the City's current vehicle body repair and painting services contractor, which provides body work, painting, and glass replaceme nt services. The City encourages the Contractor to utilize subcontractor located Montebello where practical and economically feasible. The City and the Contractor shall periodically and informally review the plan to ensure that the outside repair decision remains justified. All responsibility (paperwork, invoicing, quality control, vehicle movement, vehicle security, etc.) shall be that of the Contractor. Note: The Contractor will solely accept subcontractor invoices.

Parts
The Contractor's parts pricing shall be the Contractor's actual net part cost, as described in paragraph plus Contractor's markup percentage as set forth in Exhibit D1.

Hazardous Waste Disposal Charges
Hazardous waste disposal charges are the responsibility of the contractor and shall be included in the WO/Safety Inspection charges that contractor would normally charge to all customers and or include in promotional services that contractor will pass onto the City if the vehicle is in for servic e during the contractor’s promotion.

City's Right to Review Billing Documentation
The City reserves the right to review additional documentation to be provided upon the City's request to the Contractor prior to paying any disputed portion of the invoice. Such documentation may include, but is not limited to, invoices to the Contractor for parts or subcontracted services and payroll registers.

CONTRACTOR'S WARRANTY

Contractor's and Subcontractor's Work Warranty
The Contractor shall administer all warranties, both for vehicles and parts, associated with management of the City fleet to include taking the vehicle to the dealership that represents and or is authorized to perform warranty work on all equipment/vehicles under warranty, for example if it is a For d vehicle or Chevrolet vehicle under warranty and on Ford or GM is authorized to perform repairs the contractor shall deliver the vehicle to the appropriate authorized dealer. The Contractor will seek authorization from various vehicle and equipment manufacturers to perform warranty work on city-owned equipment. Such work will be reimbursed directly to the Contractor by the equipment manufacturer and the City will be held harmless from payment for such work.

Contractor and all Subcontractor furnished materials, parts, and workmanship shall be free from defects for a minimum period of 12 months or 12,000 miles, whichever occurs first; except as noted below or per the original equipment manufacturer's warranty specification, whichever is greater. Any part war ranties provided by the manufacturer that exceed the minimum requirements listed below shall be passed through to the City with written notification of such extended warranty made by the Contractor to PM at time of part installation.

All replacement parts purchased and installed on the City's vehicles shall receive the new warranty that is given by the parts supplier or manufacture for that particular item, for example: Installing/purchasing a RFP No. 22-4
31 City of Montebello

new starter may have a 3-year or lifetime warranty, and therefore it would be applied to the City vehicle it was installed on, and the contractor is expected to track all warranty.

CONTRACTOR'S CONTINGENCY PLAN

Contractor shall have a contingency plan in place to address any interruption or reduction in Service during the term of the Contract due to work stoppages, slowdowns, or Contractor's failure to provide adequate staffing, parts and/or service delivery. Contractor shall continue to provide required Services by whatever means available and shall incur all related costs necessary to provide repair and maintenance services as specified in the Contract. Should Contractor fail to supply an alternate service, City shall have the right to continue services by whatever means available and charge any reasonable costs in excess of what would have been paid to Contractor associated with the alternate service to the Contractor.

TRANSITION PLAN

Contractor shall provide a transition plan within fifteen (15) days of Contract execution and shall include Contractor's resources, startup operations, detailed staffing plans, activities, and timeframes necessary to provide the requirements specified in this SOW.

CONTINUITY OF SERVICE

Phase In - Phase Out
If upon expiration or termination of the Contract, the Contractor is not chosen to continue in its role, the Contractor shall, upon written notification from the City, provide phase -in/phase-out services for up to sixty (60) days after the contract expires or is terminated. After notification, the Contractor shall cooperate in good faith with a successor in determining the nature and extent of the services, including the development of a mutually acceptable transition plan, subject to approval by the City. The Contractor shall provide sufficient, experienced personnel during the transition period to ensure that all services called for by the contract are maintained at the specified level of contract performance. The Contractor shall be reimbursed for all reasonable transition costs, which accrue within the agreed period after contract expiration or termination. The Contractor shall cooperate with the successor in allowing as many personnel as practical to remain on the job in ord er to enhance the continuity and consistency of the services called for by the contract. Toward this end, the Contr actor shall disclose necessary personnel records and allow its successor to conduct on-site interviews with its employees.

SECTION 5 – QUALIFICATIONS
To be considered responsive to the RFP, Proposers must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non - compliance with these requirements may disqualify your proposal from further consideration.

A. List and describe a minimum of three (3) projects or experiences, similar to the Project contemplated in this RFP, which the Proposer is currently performing or has performed within the last thirty-six (36) months.

B. Contractor shall ensure that personnel are trained to render a high degree of courteous, technically competent, and efficient service. Contractor shall control the conduct, demeanor, and appearance of its officers, agents, employees, and representa tives. Contractor shall ensure RFP No. 22-4
32 City of Montebello

Contractor personnel report to assigned workstations on time and that contractor facilities are staffed during established facility operating days and hours.

C. Contractor personnel shall be trained in their assigned tasks and i n safety in the workplace. All Contractor personnel must work in accordance with Federal, State, and local statutes and directives. Contractor must comply with and maintain with Injury and Illness Prevention Program (IIPP) standards and records in accordance with Federal and State OSHA requirements. Contractor shall provide proof of training and IIPP records upon City request.

D. Contractor personnel, who may operate vehicles in the course of their duties, must have a current and valid California Driver’s License applicable to the vehicle class they are driving.

E. The Contractor must have valid liability insurance. Insurance requirements are stated in the General Terms and Conditions.

F. The Proposer’s firm or company has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

G. The Proposer’s firm or company is currently not under investigation for any charge or claim for noncompliance with any federal, state, lo cal, city, or county labor laws and/or regulations , including, without limitation, prevailing wage laws, and apprenticeship laws.

H. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).

SECTION 6 - SCOPE OF WORK

TIME & MATERIAL SERVICES
The Contractor shall perform the following services and other related services as may be required to ensure the continuity of effective and economical operation of the City's fleet on an as-needed basis. The Contractor shall furnish all necessary supervision, labor, tools, parts, materials, supplies, and subcontractor services required to maintain the fleet in a state of repair and services in accordance with fleet management best practices and performance standards specified in this SOW. Additional repairs and services may be specially requested under an as -needed basis upon the approval of the PM. The Contractor shall be expected to provide maintenance and repair services in such a manner as to minimize disruption to the City’s daily vehicular operations.

The Contractor shall use the Forecaster and Scheduler modules in the Contractor’s AFMIS to schedule the corresponding services with the Manager or their designee. The Contractor shall be responsible for vehicle pick-up and delivery in accordance with the scheduled services established. The Contractor shall notify the PM or their designee prior to pick-up or delivery. Concerns related to lack of notification or constantly unavailable vehicles shall be addressed immediately to the PM to minimize further schedule interruptions.

Note: The Contractor’s representative must be insured and possess a valid Class C driver’s license to operate any City vehicles; a valid Class B driver’s license is required to operate any heavy-duty City vehicles. In addition, the Contractor’s representative must have a good driving record and meet the following criteria:

A. Have a minimum of two years of Class C or B experience.

B. No DMV points within the last twelve (12) months.

C. No more than one (1) point within the last twenty-four (24) months.

D. No failure to appear.

E. No suspended license within the last twenty-four (24) months.

RFP No. 22-4
33 City of Montebello

F. No more than one (1) accident within the last twenty-four (24) months; and G. To provide a DMV K4 Driver’s Record (K4) upon the award of contract and as requested. K4 must be recorded on file and updated bi-annually.

Downtime/Vehicle Turnaround Time Standards
The Contractor must meet and adhere to the turnaround times outlined in this SOW as required under the Turnaround Time Schedule (Exhibit D2). All maintenance and repair services must be completed within twenty-four (24) hours of the vehicle's delivery to the Contractor’s maintenance facility.

No more than five percent (5%) of all vehicles shall be out of service for maintenance and/or repair services for more than forty-eight (48) hours of the vehicle’s delivery to the Contractor’s maintenance facility, except the following:

 Accident, Misuse, Abuse, or Vandalism Repairs.

Repairs cost less than $2,000 must be completed within five (5) calendar days of estimate approval or released from the “held for investigation” classification. Repair costs $2,000 or greater must be completed within ten (10) calendar days of estimate approval or released from the “held for investigation”. The Contractor must report the noted damages of the vehicle delivered for repairs to the PM or their designee in writing by the close of the next business day.
 Vehicles Awaiting Repair Authorization from City.

In the event the Contractor is awaiting authorization from the City to proceed with a given repair, the calculated turnaround time accounts for the duration from the start to the completion time of the WO minus the notice to proceed period wait time. Notation of the City’s authorization approval shall be recorded in the WO notes section in addition to the appropriated status codes to start and stop the clock within the AFMIS. These notes should detail the notification’s date, time, name of the City’s designee, proposed repair description, and estimated costs that require the authorization.
 Major Component Failure.

The City shall decide the total amount of time allowed for major component failure repairs.

Major components include but are not limited to:
a. Engines: Engine failure due to worn rings, blown head gasket, and/or any major engine rebuilt work must meet with the following specifications:
 Engine rebuilt must be equivalent to or exceed OEM specifications, including all OEM and common failures/concerns updates.
 Pistons and bearings shall be replaced with new parts only.  Black honing shall be torque plate honed.
 The engine shall be live run tested for reliability.
 All rebuilt engines shall have a 3 year/100K mile warranty.  All Police Pursuit vehicles shall have an 18-month Nationwide Transferable Parts and Labor Warranty.
b. Transmissions: Transmissions rebuilt must be equivalent to or exceed OEM specifications, including all updates to the OEM and common failures/concerns . Police Pursuit vehicles require all the latest updates and models to ensure reliability due to the purpose of service vehicles. All transmissions shall have a 3 year/100K mile warranty. In addition, all Pol ice Pursuit vehicles shall have an 18-month Nationwide Transferable Parts and Labor Warranty.

RFP No. 22-4
34 City of Montebello

The Contractor must notify the PM or their designee in writing when a vehicle is in the Contractor’s facility for more than 24 hours. The Contractor must advise the PM or their designee of the delayed reasons and the estimated time of arrival (ETA). Notation of such notification shall be recorded in the WO notes section of the AFMIS. These notes should detail the notification’s date, time, name of the City’s designee, delay reasons, and delivery ETA.

Comebacks, Reworks, and Rechecks
The Contractor shall perform comebacks, reworks, and rec hecks, when a failure or symptom of failure relates to previous repairs and/or services performed on a vehicle by the Contractor or component thereof occurring with the warranty period.

General Vehicle Repairs
The Contractor shall perform all vehicle repai rs in a manner consistent with contemporary professional standards. All repairs shall be completed in the most expeditious manner possible, and the quality of workmanship must be equivalent to or exceed OEM standards. Repairs requiring licensing or certifications shall be performed by technicians currently possessing the valid licenses or certificates required to perform such repairs. The Contractor is expected to perform all general vehicle repairs with a high level of quality, as described above. However, certain maintenance and repair services require additional attention, as described below.

Vehicle Safety and Environmental Inspections
All BIT, clean natural gas (CNG) tank, Smog, Opacity, Type 08, and any other federal, state, or local required inspections must be properly performed and documented by a suitably trained and certified inspector in accordance with the inspection and legal requirements. The Contractor shall be responsible for coordinating all inspections, maintenance, and repair services to minimize vehicle downtime and provide maximum convenience for the City.

Smog Inspections: The Contractor shall be responsible for the annual State required smog emissions testing for diesel, CNG, and gasoline engines of the City’s fleet. The City's governm ent fleet number GD930090 shall be used when any test is conducted to allow the Bureau of Automotive Repairs (BAR) to receive reports of tested City vehicles. An annual report of the entire fleet must be completed with proof documentation provided. Smog inspections are required as needed. City vehicles with VIN's ending in odd numbers shall be tested in odd years; VIN's ending in even numbers shall be tested in even years.

The Contractor shall provide the PM or their designee a list of vehicles with completed smog inspections done in the first half of the year and copies of all smog certifications annually in June. All required smog inspections must be completed by the first week of December annually. The Contractor must repair and retest vehicles that do no t pass the smog inspections in a timely manner to ensure all vehicles pass inspections. The Contractor must request approval for any vehicle repairs that are greater than 25% of the value of the vehicle in writing. If the Contractor does not obtain approval from the City, the Contractor may be liable for all repair costs.

Road call and Towing Services
The Contractor shall use the City's current tow service contractor, which provides road call service and towing for all City vehicles twenty-four (24) hours a day, seven (7) day per week basis, within the City of Montebello.

The City shall provide the Contractor with the phone numbers of the City's tow service contractor.

RFP No. 22-4
35 City of Montebello

Towed vehicles shall be transported to the Contractor’s service facility for repairs during the Contractor’s regular business hours; to the City’s Transportation Facility after the Contractor’s regular business hours, located at 400 South Taylor Avenue, Montebello, California, 90640.

Quick Fix Repair Services
The Contractor shall provide a "Quick Fix" service for repairs that can be completed in less than one (1) hour. Quick Fix services are specified in the Motor Labor Time Guide (or other industry accept ed time standards reference) or as established by the PM. Quick Fix services include , but are not limited to , tire repair/replacement and minor single item repairs (e.g., replacing belts, fuses, hoses, light bulbs, and wiper blades; topping off fluids; battery diagnosis and replacement). Quick Fix services shall be continuously available during the City operating hours. All Quick Fix services shall be documented with WOs entered in AFMIS real-time.

Technical Bulletins, Warranty & Recall Work
The Contractor shall be responsible for acquiring all OEM’s technical service bulletins and recall notices pertaining to all applicable vehicles in the City's fleet. The Contractor shall disseminate technical service bulletin information to all supervisors and mechanics that repair and maintain vehicles in the City's fleet in a timely manner. The Contractor shall ensure that bu lletin directives are followed unless otherwise directed by the PM.

Recalls and campaigns shall be created in the AFMIS by the Contractor.

The Contractor shall administer all warranties, recalls, and campaigns for vehicles, parts, and subcontractor repairs , including reimbursement collections for such work. The Contractor must seek authorization from the OEM to perform warranty and recall services. The Contractor shall be reimbursed directly from the OEM and the City shall be held harmless from payment for such work. The Contractor must provide copies of all records, reports, and proof documentations.

Road Testing
The Contractor must conduct road or appropriate operations tests on all vehicles serviced with safety related repairs or adjustments (e.g., breaks, steering, aerial lift, etc.). These vehicles must be deemed safe to operate by the Contractor prior to being returned to service.

The Contractor shall ensure all light bars on the City’s emergency vehicles are covered prior to any on - highway use and/or operational testing.

Waste Management
The Contractor shall be responsible for disposal of all hazardous trash and waste generated in providing the services set forth in this SOW to include, but not limited to , used tires, parts, metal, oil, oil filters, antifreeze, fuel, Freon, batteries, and hazardous waste, according to all applicable laws and Environmental Protection Agency (EPA) regulations.

The Contractor shall provide appropriate training to the Contractor’s employees and agents who work and handle hazardous materials to comply with all applicable laws and EPA regulations.

The Contractor shall develop and maintain contingency standard operating procedure (SOP) for handling a spill or other mishap on all hazardous chemicals and wastes. The SOP shall include materials' origin, use, transportation, ultimate distribution, and disposal. All disposals shall be in accordance with applicable laws and EPA regulations.

RFP No. 22-4
36 City of Montebello

Welding and Fabrication
Welding and fabrication work related to repairs are an integral part of the service provided by the Contractor. The Contractor must provide an American Welding Society (AWS) certified welder to complete work on st eel and aluminum. Additional certification requirements may be required to authorize the Contractor to provide services in the non-target category. The Contractor may subcontract these services.

Welding work included but are not limited to repairing and r eplacing the following: tailpipes, mufflers, towing hitches, boom rests, booms and supports, vehicle steps, tailgates, trailers, stiff legs, jacks, hinges, latches, brackets, housings, sleeves, bushings, and so forth.

Fiberglass repair and fabrication work included, but are not limited to , repairing and replacing the following: hoods, bodies, booms, buckets, steps, shields, doors, tubes, and so forth.

New Vehicle Preparation and Vehicle Disposal
The Contractor shall, upon request of the City, prepare retire d vehicles and equipment for disposal.

Preparation includes but is not limited to removing decals/logos, light bars, radio equipment, and special equipment on an as needed (time and materials) basis.

Emergency Services
The Contractor shall comply with the City's request to provide stand -by fleet maintenance and repair support during emergencies declared by the City. The City shall notify the Contractor with the details of the emergency situation and the anticipated service duration needed from the Contractor. The Contractor shall open their service center and provide services with an appropriate complement of personnel within twenty-four (24) hours of the required emergency services notification.

Note: The City shall compensate the Contractor in the event of a declared emergency at the rate and terms agreed upon.

CAR WASH & DETAILING SERVICES
Car Wash
If equipped, the Contractor shall provide car wash services at their facilities or at the approved Contractors’ locations supplied by the City on an as needed basis.

City vehicles shall be washed and vacuumed after repairs and services, removing all paper mats, oils, fingerprints, etc., that may exist after services. Interior and exterior car wash services include, but are not limited to, full vehicle body wash, interior vacuuming, mirror, and glass cleaning, etc.

The initial cost shall include all cleaning, disinfecting, and other miscellaneous supplies necessary to accomplish the car wash services, whether included or contracted out.

Detailing Services
The Contractor shall offer detailing services on all vehicles on an as needed basis and shall perform detailing on all vehicles in accordance with the service interval of this SOW; scheduled every 6 mon ths with the PM or their designee . The Contractor shall provide all cleaning, disinfecting, and other miscellaneous supplies necessary to provide detailing services.

The Contractor's detailing services shall include at a minimum:
 Wash all exterior surface
 Clean all interior surface
RFP No. 22-4
37 City of Montebello

 Treat all exterior and interior plastic/rubber with applicable treatment for this application.  Treat all tires with appropriate tire care solution
 Clean all interior and exterior windows and mirrors.
 Clean carpet and upholstery.
 Wax exterior of vehicle annually to protect the paint finish.  Clean engine compartment, removing all dust and debris, annually, to include wash down or engine cleaning treatment to enhance visual inspection and detect any new leaks or surface potential concerns that may be hidden under debris/dirt.

Note: The Contractor shall not spray coating on the engine compartment after cleaning.

New Logos/Insignia
The Contractor shall be responsible for maintaining and installing all faded and updated City departmental decals/logos, bumper stickers, vehicle numbers, and any other identifying insignia as required by the City.

Note: The City shall provide decals/logos; however, the Contractor must provide advanced notice, if possible, within seven (7) days, to allow the City to obtain new decals/logos that shall be used by the Contractor.

SECTION 7 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR CITYWIDE FLEET VEHICLE

MAINTENANCE & REPAIR SERVICES

THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2022, by the CITY OF MONTEBELLO, a California municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY desires to retain a highly qualified professional Contractor to provide the CITY with vehicle maintenance & repair services for over two hundred City-owned and operated vehicles on an as-needed basis. (“Project”); and

WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtu e of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals (“RFP”) dated January 27, 2022 (“RFP No. 22-4”) with a proposal dated [INSERT DATE], as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

RFP No. 22-4
38 City of Montebello

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS

The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of preference, all which are incorporated herein and made part of this Agreement, as though fully set forth herein.

A. This Agreement, including any and all addendum, attachments, exhibits or supplemental agreements,
B. RFP No. 22-4;
C. CONTRACTOR’s Proposal dated [INSERT DATE]; and
D. All other documents, including but not limited to, all required bonds, insurance, certificates, permits, notices, schedules, forms, certifications, and affidavits.

These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedent shall be as set forth above.

SECTION 2. SERVICES / COMPENSATION.

A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. CONTRACTOR shall comple te the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

C. CONTRACTOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized bill ing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

D. CITY will be invoiced at the end of the first billing perio d following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

F. Failure of CITY to submit full paymen t of an invoice within thirty (3 0) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.

RFP No. 22-4
39 City of Montebello

SECTION 3. TERM.

This Agreement shall commence on ………………, 2022 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein.

The Parties agree that Sections 6(B), 11, 12, 13, 14, 15, 19, 20, 22, 23 and 26 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 4. CONTRACT DOCUMENTS.

For purpose of this Agreement, the contract documents for the previously mentioned Project shall consist of (and are outlined in the following order of preference):

A. RFP No. 22-4;
B. Proposer’s [DATE] Proposal for Comprehensive Operational Analysis (COA) and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.

SECTION 5. PERFORMANCE.

A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

C. CONTRACTOR shall be knowledg eable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.

Compensation for additional individuals, Contractors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents , or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation RFP No. 22-4
40 City of Montebello

upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.

SECTION 6. WORK PRODUCT.

A. CONTRACTOR hereby agrees t hat all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY . CONTRACTOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY . CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement . CONTRACTOR agrees that the covenants contained in this Article shal l survive the expiration or termination of this Agreement.

C. Documents are provided in CONTRACTOR’s standard software formats . CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magne tic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents, and employees harmless from and against all claims, loss, damages, expense, and liability arising from or connected with its use, reuse, misuse, modification, or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit, or any other damage.

SECTION 7. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 8. CITY SUPERVISION.

CITY’s Transportation Director (“Transportation Director”) shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 9. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

A. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten RFP No. 22-4
41 City of Montebello

(10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination . This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract . In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience . CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective . Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment wi th respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that : (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement . CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 10. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.

SECTION 11. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 12. INDEPENDENT CONTRACTOR.

A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.

Neither CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee, or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement . Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY . CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.

RFP No. 22-4
42 City of Montebello

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federa l, state, or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with workers’ compensation insurance or any other insurance.

SECTION 13. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determin ed by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 14. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 15. INDEMNIFICATION.

CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense c osts, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 16. INSURANCE COVERAGE.

During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and RFP No. 22-4
43 City of Montebello

effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertisi ng injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease . CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy agai nst CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, CONTRACTOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or t o undertake self-insurance before commencing any of the work contemplated herein .

Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability . If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder . If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

RFP No. 22-4
44 City of Montebello

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A : VII in the latest edition of Best's Insurance Guide, and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ notice for non-payment) prior written notice.

CONTRACTOR agrees that if it does not keep the previously mentioned insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

At all times during the Term of thi s Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the previously mentioned policies are in effect in the required amounts and naming CITY, its officers, agents, employees, and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents, and volunteers as additional insureds . All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY . Any insurance or self - insurance maintained by CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, or sub-Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation agains t CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents, and volunteers.

Coverage applies se parately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self -insured retentions must be declared to and appro ved by CITY . At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

RFP No. 22-4
45 City of Montebello

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers, and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY . Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub - contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obli gations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amoun t of total compensation payable to CONTRACTOR under the Agreement.

SECTION 18. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 19. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default, or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California . The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 20. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 21. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
RFP No. 22-4
46 City of Montebello

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 22. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof sh all so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an o riginal manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 23. NOTICE.

All notices, demands, requests or approvals to be given under this Agr eement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered, or certified, addressed as hereinafter provid ed. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

RFP No. 22-4
47 City of Montebello

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640

CONTRACTOR
________________________
________________________
________________________
________________________

SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition, or sexual orientation .

CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, ph ysical or mental handicap, medical condition, or sexual orientation.

SECTION 25. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates, and sub-Contractors, if any, shall comply with all California conflict of interest statutes applic able to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder .

CONTRACTOR further covenants that, in perform ance of this Agreement, no person having any such interest shall be employed by it . Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONTRACTOR.

CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 26. FORCE MAJEURE

The ti me period(s) s pecified in the S chedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes be yond the control and without the fault or negligence of CONTRACTOR, including, but no t 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 CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes for the delay. CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of CITY such delay is justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.

RFP No. 22-4
48 City of Montebello

SECTION 27. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURES ON NEXT PAGE]
RFP No. 22-4
49 City of Montebello

CITY OF MONTEBELLO CONTRACTOR

_______________________ _____________________
René Bobadilla Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

RFP No. 22-4
50 City of Montebello

SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department

SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 22-4

CITYWIDE FLEET VEHICLE MAINTENANCE & REPAIR SERVICES
In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.

The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (9 0) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.

The Proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in the performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill , and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully review the accuracy of all statements and figures shown in the Proposal and attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that, RFP No. 22-4
51 City of Montebello

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name:

Business Address:

Contact Person:

Phone:

Email Address:

Signature of Authorized Official: Signature of Authorized Official:

Typed or Printed Name: Typed or Printed Name:

Title Title

Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For Proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

RFP No. 22-4
52 City of Montebello

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Citywide Fleet Vehicle Maintenance & Repair Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and ho ld harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, clai ms, demands, causes of action, proceedings, expenses, ju dgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, sub -Contractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This i ndemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against th e Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the fore going, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence o r applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification an d Hold Harmless Agreement.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______

Date: ________________________________ ________________ Date: ________________________________ ________

RFP No. 22-4
53 City of Montebello

EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 22-4
54 City of Montebello

EXHIBIT C

INSURANCE
The p roposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

Successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted doing business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy, or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross-liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 includin g symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy de scribed in the pre ceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and prop erty damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West RFP No. 22-4
55 City of Montebello

Beverly Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce, or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to the beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

RFP No. 22-4
56 City of Montebello

EXHIBIT D1

COST PROPOSAL SHEET

RFP No. 22-4
57 City of Montebello

EXHIBIT D2

TURN AROUND TIME SCHEDULE

CATEGORY ALLOWABLE TIME
Quick Fix 1-HOUR
Maintenance and Repair

 80% within 24 Clock-hours
 95% within 48 Clock-hours
Body and Paint Repair

 Not to exceed five (5) calendar days for
repairs less than $2000.00
 Not to exceed ten (10) calendar days for
repairs more than $2000.00

"UNLESS WRITTEN AGREEMENT WITH
CITY."
New Vehicle Preparation Two-(2) business days from receipt of preparation letter.

Emergency Services Response Same Business Day

RFP No. 22-4
58 City of Montebello

EXHIBIT D3

CONTRACTOR FACILITY INSPECTION REPORT

CITY OF MONTEBELLO

CONTRACTOR FACILITY INSPECTION REPORT

Mark “S” for Satisfactory or “U” for Unsatisfactory where applicable:

CONDITION SHOP OFFICE RESTROOM LUNCH

ROOM EXTERIOR
Unauthorized building alterations
Facility and/or equipment unsecured
Unauthorized material posted
Safety and accident precautions not met
Unclean conditions/appearance
Flammable/toxic materials not properly stored/disposed
Leaky faucets/hoses
Cluttered areas/work benches
Other – See below

ACTION REQUIRED (UNSATISFACTORY RATING ONLY): COMPLETION

DEADLINE

CORRECTIVE ACTION TAKEN (BY CONTRACTOR): DATE REINSPECTION

COMMENTS (FROM CONTRACTOR) RECEIPT OF COPY
BY:

CONTRACT PROGRAM MONITOR: SIGNATURE DATE

CONTACT PERSON PHONE NUMBER

LOCATION EMAIL ADDRESS

ADDRESS

CONTRACTOR
RFP No. 22-4
59 City of Montebello

EXHIBIT D4
City Vehicles Inventory

RFP No. 22-4
60 City of Montebello

RFP No. 22-4
61 City of Montebello

RFP No. 22-4
62 City of Montebello

RFP No. 22-4
63 City of Montebello

RFP No. 22-4
64 City of Montebello

EXHIBIT F
Bidder’s List of sub-Contractors (DBE and Non-DBE)
Part I
The bidder shall list all sub -Contractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE sub-Contractors elsewhere in the proposal. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

RFP No. 22-4
65 City of Montebello

Part II
The bidder shall list all sub -Contractors who provided a quote or bid but were not selected to participate as a sub - Contractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations.

Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

RFP No. 22-4
66 City of Montebello

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)

knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statemen ts or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default.

If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.

Signature of Attorney Date

RFP No. 22-4

67 Montebello Bus Lines

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION

The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Contractor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 22-4

68 City of Montebello

EXHIBIT I

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and

(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, o r shall promptly

1. Complete the Contract in accordance with its terms and conditions, or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a success ion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.

The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators, or successors of the City.

RFP No. 22-4

69 City of Montebello

Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

Attach hereto proof of authority of officers or agents to sign bond.

RFP No. 22-4

70 City of Montebello

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the

Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

RFP No. 22-4

71 City of Montebello

EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

RFP No. 22-4

72 City of Montebello

[THIS PAGE INTENTIONALLY LEFT BLANK]

ATTACHMENT B

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 3988
WITH FORD OF MONTEBELLO, INC. DBA FORD OF MONTEBELLO

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on June 8, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and FORD OF MONTEBELLO, INC. dba FORD OF MONTEBELLO (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide vehicle maintenance and repair services for over two hundred city-owned and-operated vehicles on an as-needed basis; and

WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and

WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Gove rnment Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, CONTRACTOR responde d to CITY’s Request for Proposal dated January 27, 2022 (“RFP No. 22 -4”), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this r eference (hereinafter “Con tractor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS

A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of prece dence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

a. This Agreement and its Exhibits.
b. CONTRACTOR’S Scope of Services and Associated Cost
Proposal dated April 20, 2022, attached hereto as Exhibit “B”. c. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 2 of 12 ends

B. These documents shall be collectively referred to herein as the “Contract Documents.” I n the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in CONTRACTOR’s proposal dated April 20, 2022 “Scope of Services and Associated Cost Proposal” attached hereto as Exhibit “B ” and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed -upon work schedule to be determined by the Parties.

C. CONTRACTOR shall be compensated at a sum not -to-exceed One Hundred Thousand Dollars ($ 100,000) annually (the “Maximum Annual Compensation”) for the performance of the Scope of Services as set forth in Exhibit “B”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.

The CITY shall pay undisputed amounts as provided for in the preceding paragraph.

SECTION 3. TERM.

This Agreement shall commence on June 8, 2022, and shall be valid for three (3) years from the Effective Date, with two (2), one-year options , unless terminated earlier as hereinafter provided. Each of the two (2), one -year options shall only be effective upon a duly executed amendment presented to the City’s City Council for approval.

SECTION 4. PERFORMANCE.

a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONTRACTOR shall employ, at a minimum, generally accepted standards a nd practices utilized by companies engaged in providing similar services, as a re required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 3 of 12 ends

c. The CONTRACTOR shall be knowledgeable of a nd su bject to a ll CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, a dditional individuals, contractors or subcontractors to assist in the comp letion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.

e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents sh all be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.

b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No e xtra ser vices over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 4 of 12 ends

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease o r be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written n otice to the CONTRACTOR. Upon the termination of this Agreement as pro vided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all pre vious payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the d ate of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to ce ase all work under this Agreement on or b efore the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.

SECTION 11. INDEPENDENT CONTRACTOR.

a. The CONTRACTOR is and sha ll, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or a gents shall h ave control o ver the conduct of the PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 5 of 12 ends

CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of p erforming services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement sh all create or be construed to create a p artnership, joint venture, employment relationship or a ny other relationship e xcept as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to p rovide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide th e City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is d etermined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any p enalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONTRACTOR and any of its employees, a gents, a nd subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 6 of 12 ends

contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONTRACTOR agrees to, and shall d efend, indemnify, protect a nd hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

  Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property d amage, including products-completed o perations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

  Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

  Worker's Compensation insurance as required by the laws of the State of California, with Statutory L imits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

  Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 7 of 12 ends

maintained by the CONTRACTOR.

c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an a dditional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

i. The CONTRACTOR shall provide proof that p olicies of insurance required herein e xpiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

j. The general l i a b i l i t y and a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required u nder this Agreement shall co ntain an endorsement providing that the PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 8 of 12 ends

policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

k. The insurance provided by the CONTRACTOR shall be primary to any coverage a vailable to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

l. All insurance coverage pro vided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.

m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, h old ha rmless and d efend und er the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any su bcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Page 9 of 12 ends

enforce this Agreement or b ecause of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs a nd necessary d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an a ward of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and h as relied solely on the stateme nts expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive par agraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made b y the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 10 of 12 ends

Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel ac knowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as h ereinafter pro vided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200

With a copy to: City of Montebello – Montebello Bus Lines Attn: Lupita Ibarra, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 101
(323) 887- 4643 (Fax)
[email protected]

If to Contractor: Ford of Montebello, Inc. dba Ford of Montebello.

Attn: Steven Chen, Service Director
2747 Via Campo
Montebello, CA 90640 -1701
(323) 838 - 6920
[email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 11 of 12 ends

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national or igin, ancestry, age, p hysical or mental h andicap, mental co ndition or sexual orientation. The CONTRACTOR will take affirmative action to e nsure that sub- contractor and a pplicants are employed, a nd that employees are treated d uring employment, without regard to their race, color, creed, religion, sex, marital status, national ori gin, a ncestry, age, physical or mental h andicap, medical co ndition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONTRACTOR covenants that it presently has no intere st and shall not acquire any interest, direct or indirect, which may be affected by the services to be p erformed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONTRACTOR further co venants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall a void the a ppearance of having any interest that would conflict in any manner with the p erformance of its services pu rsuant to this Agreement.

The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the p erformance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's co venant under this section sh all sur vive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the e ntire u nderstanding between the CITY a nd the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3988

Page 12 of 12 ends

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO FORD OF MONTEBELLO, INC. DBA
FORD OF MONTEBELLO.

René Bobadilla, City Manager Steven Chen, Service Director

Date: ___________ Date: ____________

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – RFP No. 22-4
 Exhibit B – Contractor’s Scope Of Services
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 22-4

CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES
January 27th, 2022

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://www.planetbids.com/portal

EXHIBIT A
RFP No. 22-4
2 City of Montebello