Montebello City Council
March 22, 2023

PROFESSIONAL SERVICES AGREEMENT NO. 4079

deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall no t discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orient ation. The CONSULTANT will take affirmativ e action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, nation al origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performe d by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement , no person ha ving any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covena nt under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreeme nt is held by a court of competent jurisdic tion 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. 4079

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

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO MCGREGOR SHOTT, INC.

René Bobadilla, City Manager Beth Shott, Principal

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – RFP No. 23-5 and McGregor Shott, Inc. proposal • Exhibit B – Schedule of Compensation

EXHIBIT “A”

RFP No. 23-5 and
McGregor Shott, Inc. Proposal

PREPARED FOR
The City of Montebello
RFP No. 23-5

PROPOSAL

GRAPHIC DESIGN SERVICES

DESIGN BRANDING GRAPHICS

2 City of Montebello – Recreation and Community Services Department 1700 W. Victoria Ave.

Montebello, CA 90640
Attn: Nadine Hernandez, Recreation Supervisor
Attn: David Sosnowski, Director of Recreation and Community Services January 23, 2023
Thank you for allowing McGregor Shott to submit qualifications for the City of Montebello’s Parks and Recreation Guide – Printing and Graphic Design Services. We are an award-winning agency with areas of expertise in graphic design, marketing and branding for cities and municipalities, with an exceptional reputation for producing creatively engaging, well-produced city guides and multi-page brochures.

Please let me know if you have any questions at all.

Thank you,
Beth Shott
Principal
McGregor Shott
[email protected]
McGregor Shott, Inc.
24325 Main Street #101
Newhall, CA 91321
661-702-0765
Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

3Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
Established in 2002, McGregor Shott has worked with several cities and municipalities to provide marketing and design services.

We are a 100% women-owned business with SBA WOB, California DBE and SBE certifications.

We specialize in graphic design, website design, branding and marketing, with particular expertise in government, university and public sectors .

The company is financially solid with offices in two states, with their main office located in the heart of Old T own Newhall on Main Street in Santa Clarita. McGregor Shott maintains strong client referrals and we have operated under a number of municipal contracts from five to 20 years standing.

McGregor Shott has been instrumental in building imagery for many government programs in their communication with the public and business. The list includes the government departments of Parks and Recreation, Community Services, Arts & Events, Economic Development, Capital Improvement, Environmental Services, and Film, T ourism and Public Information on branding and identity, collateral materials, trade show graphics, website design and annual reports.

Our agency has earned over 120 rewards for excellence in event marketing, tourism, economic development and city outreach efforts.

Beth Shott and Lois McGregor are co-creative directors who provide the overall creative direction, design and management for each city project.

SERVICES:

Branding and Identity Graphic Design
Marketing and Planning Website Development
Social Media Management Content Writing
Event Branding Tradeshow Graphics

RELEVANT EXPERIENCE

4Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
McGregor Shott has maintained a number of other successful, long lasting municipal and public sector design contracts. Clients include the City of Santa Clarita, the City of Barstow, the T own of Apple Valley, the City of Fontana, the City of Menifee, the City of Lodi, the City of Montclair, the City of Palmdale, the Los Angeles County Economic Development Corporation, the City of Grand T errace, the City of Lancaster, UC Irvine, Mount St. Mary’s University and the City of Dunwoody Police Department.

CLIENTS
Municipal Experience:

City of Santa Clarita
City of Fontana
City of Barstow
City of Palmdale
T own of Apple Valley
City of Lodi
City of Montclair
City of Menifee
City of Grand T errace
City of Lancaster
City of Dunwoody, Georgia
Dunwoody Convention and T ourism Bureau
Santa Clarita Film Office
Santa Clarita Public Library
Business and Academics:

Georgia Institute of T echnology
Shared Space of Atlanta
Santa Clarita Valley Water Agency
Los Angeles Economic Development Corporation
TJFACT Government Contractor
Thomas Jefferson University, Philadelphia
Mount Saint Mary’s University, Los Angeles
University of California at Irvine
College of the Canyons

5Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

RELEVANT EXPERIENCE
The City of Santa Clarita | Seasons Magazine
Branding and design for the 80-page quarterly recreation magazine with a print circulation of 77,000 and online registration capabilities. Highlights include editorial features, Parks & Recreation classes, libraries, activities, community programs and events. Contract is ongoing.

Carrie Lujan, Communications Division Manager/ PIO
[email protected], 661-255-4314
Nancy Grover, Recreation and Community Services Coordinator [email protected], 661-250-3755
www.mcgregorshott.com/seasons-magazine-design
The City of Fontana | Fontana Magazine
Branding and design for the 56-page triannual recreation magazine and guide for the City.

We recently completed their Winter/Spring 2023 guide.

Monique Claude, Marketing and Communications Specialist [email protected] 909-349-6964
www.mcgregorshott.com/play-magazine-design
The City of Barstow | Branding
Complete branding for the City of Barstow, including logo, press kit, brochures and communications materials, style guide, signage and memorabilia.

Kody Tomkins, General Manager
[email protected], 760-577-4585
www.mcgregorshott.com/barstow
The City of Lodi | Play Lodi MagazineLodi Magazine
The City of Lodi recently awarded us a multi-year contract to create art for its many events and programs throughout the year. This also includes Lodi’s 36-page recreation guide. The guide, published semi-annually, features exciting activities available for all ages and provides endless opportunities to learn something new, refine skills or take advantage of Lodi’s 367 acres of parkland.

Laura Johnston, Deputy Director Parks, Recreation and Cultural Services [email protected], 209-269-4852
www.mcgregorshott.com/lodi-magazine

6Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
T own of Apple Valley | Branding
Extensive identity for their economic development division, including outreach and business attraction programs. Website, trade show booth, press kit, logo and tagline, insert sheets targeting industries, map system, and general brochure. McGregor Shott has been working with the T own of Apple Valley on a variety of projects for the past 17 years.

Orlando Acevedo, Assistant Town Manager
[email protected], 760-240-7915
www.mcgregorshott.com/project/town-on-display
City of Santa Clarita | Branding
Development of brand for the City of Santa Clarita, the third-largest city in Los Angeles County with 213,231 residents. Items include City logo, street and monument signage, City buses and vehicles, sheriff vehicles, branding of communications materials. Work with in-house City staff to develop a standards guide. McGregor Shott has been working with the City of Santa Clarita for the past 22 years.

Carrie Lujan, Communications Division Manager
PIO, [email protected], 661-255-4314
www.mcgregorshott.com/project/branding-santa-clarita
Old T own Newhall Arts, T ourism and Business Guide
Four-fold brochure consisting of businesses inn the Old T own district, including map highlighting retail, entertainment and theatre, wineries, restaurants and bakeries.

Monica Fawcett, Economic Development Associate,
[email protected], 661-286-4017
www.mcgregorshott.com/old-town-newhall-arts-retail
City of Fontana Arts and Events | Materials
Annual Fontana Arts Festival Materials, including stage banner, posters, advertising, and collateral.

Monique Claude, Marketing and Communications Specialist [email protected], 909-349-6964
www.mcgregorshott.com/fontana-arts-festival
www.mcgregorshott.com/fontana-amphitheater-grand-opening

7Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
SCV Water Agency | Marketing Materials
Develop State of the Agency materials, including annual report, illustrations and infographics.

Kathie Martin, Public Information Officer, [email protected], 661-2568-8108 www.mcgregorshott.com/scv-water
City of Fontana Community Services | Invitation
Quarterly Invitation and Program for Artists’ Showcase.

Monique Claude, Marketing and Communications Specialist [email protected]@fontana.org, 909-349-6964
www.mcgregorshott.com/fontana-artists-showcase
Los Angeles County Bike Coalition | Event Branding
Logo, merchandising, map system, media, signage and marketing materials.

Eli Kaufman, Executive Director
[email protected], 213-629-2142
www.mcgregorshott.com/la-rivers-event
City of Palmdale Economic Development | Marketing Materials Business attraction materials for Advanced Manufacturing Aerospace and Industry.

Mica Schuler, Management Analyst II
[email protected], 661-267-5148

8Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

REFERENCES
ENCLOSURE 1
1 ENCLOSURE 1 – REFERENCES
Company Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Printing Project
Date of Order
Company Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Printing Project
Date of Order
Company Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Printing Project
Date of Order
City of Santa Clarita
23920 Valencia Blvd., Santa Clarita CA, 91355
Carrie Lujan
Communications Manager
661-259-2489
[email protected]
McGregor Shott has worked under contract with the City or Santa Clarita from 2002 to present. They have created collateral, signage, events materials, and branding for the City. They have designed/produced 80 page quarterly Seasons Magazine for the past seven years.

City of Fontana
16860 Valencia Avenue, Fontana, CA 92335
Monique Claude
Marketing and Communications Specialist
909-349-6964
[email protected]@fontana.org
McGregor Shott has been working with the City of Fontana on Community Service and Arts and Events for the past five years, including grand openings, arts festivals, recreation magazine and artist showcases.They design/produce Fontana's tri-annual 60 page recreation/activity guide.

City of Lodi
1230 W. Elm Street, Lodi, CA 95240
Laura Johnston
Deputy Director
209-269-4852
[email protected]
The City of Lodi recently awarded McGregor Shott a multi-year contract to create art for its many events and programs throughout the year. This also includes Lodi’s 36-page recreation guide, which is published semi-annually.

9Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

COST PROPOSAL
ENCLOSURE 2
1 ENCLOSURE 2 – COST PROPOSAL
Graphic Design Cost per Edition to consult, design, layout, & produce per Response Requirements and Format items identified on Invitation for Bid:

The guide will be approximately 18 pages but there can be scenarios in the future where that guide may be 22 pages.

Recreation Guide:

Item 1 - Design Fee 18 pages (up to 3 successive proofs per brochure) Item 2 - Additional Pages $
Item 3 - Digital Web Hosting Per FY $
Cost per Edition
Cost per Page
Item 4 - Post print Digital Edits (for edits made only to the online PDF) $ Hourly Rate
Note: This work is separate and additional from the Recreation Guide.

Item 5 $ Hourly Design
Contracted Hourly Rate for design services for additional projected, (see Scope of Work ) for special events, editable flyers, promo items, banners, posters, marketing and advertising materials.

Cost per Edition Item 6 - Printing Cost (20 page guide) $ Miscellaneous Charges not defined above (must be itemized):

Item 7: $
Item 8: $
Item 9: $
All cost for developing proposals in response to this RFP are the obligation of the Design Company and are not chargeable to the City. All proposals may be withdrawn at any time prior to the published closing date, provided notification is received in writing to the City Purchasing Agent, listed in the RPF. Proposals cannot be withdrawn after the published closing date.

The undersigned, on behalf of the vendor, certifies that: (1) the person whose signature appears below is legally empowered to bind the company in whose name the bid entered; (2) has read the complete Request for Bid and understands all provisions; (3) if accepted by the City, this bid is guaranteed as written and will be implemented as stated. (4) by submitting bid, Bidder agrees to all the terms of this Bid document, including but not limited to, each and every provision of the General Term and Conditions of Bid; and (5) mistakes in writing of the submitted bid will be the bidder’s responsibility.

Authorized Signature: Date:

Name: Title:

Company Name: Phone:
$ $4,770+tax
$145
$95
$115
16 Pages plus 4 page
Cover - 8.375" x 10.5" 4/4
Saddle stitch on 10.5" Side
Trim to Size
Cover: 100# Gloss Book /
Pages: 70# Gloss Book
Production/layout rate addl projects $95/hour
Photo shoots $95/hour
Copywriting $95/hour
Web design $105/hour
1/26/23
Beth Shott Principal
McGregor Shott, Inc. 661-702-0765

8.375” x 10.5” folded
20 pages per addendum
$9,600
$4,820+tax
(price for all three editions per FY)

10Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
WHY US?

PROPOSED SCOPE OF SERVICES
Our team is well educated in art, design, marketing, communications, media, public relations and writing.

We have worked with cities of varying sizes and demographics, backgrounds, and strategic plans for the future. We have experience working with Parks and Recreation to assist in events, programs and communications. One of these important communications tools is though a City’s recreation guide, of which we have created and produced on a regular basis.

With Montebello, we are aware of the importance of helping local community through emphasis on quality programs, parks, recreation and athletics, arts, educational facilities, and community living. After the past couple of years, it is important the City assure the community that it will thrive with the help of these many programs, events, facilities and specific services which are available. Communication and messaging can have a lasting and durable effect on the community’s health and wellness. A recreation guide is one important tool which can help to convey this important information.

Our experience designing and producing guides are a great plus for city staff. They will know they are in good hands, find it easy to communicate with us and rest assured project stays on track.

IN ALL OF OUR WORK WE CONSISTENTLY:
• Bring engaging and well-designed creative for marketing and outreach projects. • Work well within existing brands, providing continuity in all media, web and print. • Are enthusiastic and stay plugged-in to current trends and technology. • Have relationships with key players including photographers, printers and developers. • Provide excellent customer service and availability at all stages of the project.

11Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

APPROACH GUIDE PRODUCTION
For our customers we currently create a template in InDesign, formatting content from a variety of sources, including Microsoft Word. Some city staff like to input their own class information utilizing InCopy, an adjoining Adobe online product.
• We will work with the City of Montebello and the printer to provide quality control. • City will provide all copy to McGregor Shott providing any additional photos or page design graphics as needed, and McGregor Shott can implement stock photos utilizing their Adobe Cloud resources.
• We will provide printer and City with final packaged files for each guide. • We will create digital-ready PDF files for website and format to services such as Issu or Flipping Book.
• Hosting and printing services are available per enclosed cost estimate.

METHODOLOGY
COMMUNICATION INCLUDES:
• Developing accurate expectations at the start of each project. • Working together with City of Montebello staff to create a timeline with pertinent deadlines. • Keeping the City of Montebello informed as to each stage of the job and next stages. • Being continuously available to discuss status of project, progress, and deadlines. • Maintaining internal communications for McGregor Shott by writing creative briefs and setting deadlines and key dates to deliver to client, such as comps and designs.

Project turnaround times would be based on the complexity of the job. A sign would require less time than a brochure, or website design, for example. A sample of a project timeline would include:

1. inception of project

2. discussion of project goals and intended audience

3. initial layouts due with different looks to consider

4. client selection of initial design and first round of revisions

5. photo shoot, illustrator and copy schedule

6. revised comps due to client

7. client approval of comp and second round of revisions

8. final comp provided to client

12Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

10. third round of revisions and approval of final art

11. files due to printer

12. printer proofs due

13. approval of proofs and revisions process

14. due to client/fulfillment house/printer/web manager This is how we would proceed with a typical project assignment , such as an event or an annual report.
• McGregor Shott provides a design estimate and a separate printing estimate if needed. • We meet over phone, video or in person to gather information pertaining to the job, which can include marketing strategy, design criteria, target audience, location, budget, and final deliverables. • Size, color, visuals (e.g., illustration or photography), paper and printing methods, available area photography and the specific “look” and purpose of the project may be discussed. • McGregor Shott designs creative of an event, complete with color, imagery and mockups. • General revisions, directional changes, and decisions from staff will be discussed. • After approval of one layout or direction, McGregor Shott will begin assembling the elements and services necessary, including photography, illustration, and copy. • A revised comp is presented, often as pdf files for the client to review and make copy or layout corrections.
• Once approved, a final printer ready file or online product is created and reviewed for release. • Files created by McGregor Shott are uploaded to the printer by Dropbox, Google Drive, or any other number of digital upload platforms.
• If print, the printer will produce a color proof (pdf) for approval, after which a press check may be necessary.
• The client will be notified once the job has been sent to the printer and when it is due for delivery. • We would also prepare any social media posts to spec and save out logos and graphics in various formats as needed.
• We will always be available at any stage of the project to meet with City staff, vendors or planners.

We want to make sure all departments and parties have exactly what they need and on time.

13Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
• Throughout the project process we are continually proofing and grammar checking all files. We are meticulous with our designs and software production and we always make sure all layout is accurate, consistent, adhering to branding guidelines and on target with graphic design best practices.

A rough estimate of timelines from start to finish for various projects is as follows:

Digital samples of three recreation guides are on the following pages:
1 Week 1-2 Weeks 2 Weeks
Advertisement
Modifications
Postcards
Simple Graphic
Flyers, Signage
Digital Ads/Banners
Collateral, Street Banners,
Bus Shelter Ads
Posters
3-Fold Brochure
New Website Content
Large Format Stage Banners
Social Media (production)
3 Weeks 3-4 Weeks 5 Weeks
Logo
4 Page Newsletter
E-mail Blasts
8-16 Page Brochure
Multi-element Campaign
Multi-tiered Website Design
20+ Page Magazines

Recreation Guide Samples
Seasons Magazine
2016 to Present
www.mcgregorshott.com/seasons-magazine-design
14Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
Design, art direction, and production
of the City of Santa Clarita’s Seasons
Magazine, an 80-page quarterly
publication with a print circulation
of 77,000 and online capabilities for
viewing and registration.

Recreation Guide Samples
Seasons Magazine
2016 to Present
www.mcgregorshott.com/seasons-magazine-design
15Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
Design, art direction, and production
of the City of Santa Clarita’s Seasons
Magazine, an 80-page quarterly
publication with a print circulation
of 77,000 and online capabilities for
viewing and registration.

Recreation Guide Samples
The City of Fontana
Triannual Recreational Brochure
2019 to Present
www.mcgregorshott.com/fontana-magazine-2023
16Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

Recreation Guide Samples
The City of Fontana
Triannual Recreational Brochure
2019 to Present
www.mcgregorshott.com/fontana-magazine-2023
17Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
Design, art direction, and production
of the City of Fontana’s Recreation
Magazine, a 60-page triannual
publication with a print circulation
and online capabilities for viewing
and registration.

Recreation Guide Samples
The City of Lodi
Semiannual Recreational Brochure
2022 to Present
www.mcgregorshott.com/lodi-magazine
18Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

Recreation Guide Samples
The City of Lodi
Semiannual Recreational Brochure
2022 to Present
www.mcgregorshott.com/lodi-magazine
19Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
Design, art direction, and production
of the City of Lodi’s Recreation
Magazine, a 36-page semiannual
publication with a print circulation
and online capabilities for viewing
and registration.

20Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

ASSIGNED PERSONNEL
Principals Beth Shott and Lois McGregor are designers with a combined 56 years of design, branding and agency experience. Beth and Lois will be involved in all aspects of the design and production process, from initial concept to final completion.

Beth Shott will serve as project manager for the City of Montebello, acting as the City’s single point of contact. Resumes of Principals Beth Shott and Lois McGregor are included at the end of this section.

CO-FOUNDER AND GRAPHIC DESIGNER - Beth Shott is a principal at McGregor Shott with over 28 years working in the advertising and graphic design industry. Beth has designed branding for numerous cities. She specializes in design and production of municipal publications for clients such as the City of Santa Clarita, the City of Fontana, the City of Barstow, the City of Menifee, the City of Lodi, The City of Montclair, the Los Angeles Economic Development Corporation, and the T own of Apple Valley on an ongoing basis.

Beth received a B.F .A. with honors from the Art Center College of Design in 1990. From 1986-1987, she attended the Graduate School of Business in Advertising at the University of T exas at Austin. In 1986, she received a B.A. in Advertising/Minor in Journalism with Distinction and Senior Honors from Valparaiso University in Indiana. Beth is a member of Mensa and is an accomplished violinist in two California symphonies. She has also volunteered her services at organizations such as the Domestic Violence Center, the William S. Hart Park and Museum, the Santa Clarita Food Pantry, Bridge to Home., the Claremont symphony Orchestra and the LA County Aboretum.

Beth specializes in the type of public sector work requested in this proposal. A partial list of projects include complete branding of cities, quarterly magazines for parks and recreation, annual reports, community service materials, events materials, economic development materials, outdoor signage and many other forms of communication.

21Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321
CO-FOUNDER AND GRAPHIC DESIGNER - Lois McGregor is a principal at McGregor Shott with over 27 years working in the advertising and graphic design industry . Lois has contributed to the design, layout and art direction for print and websites for the City of Santa Clarita, the City of Barstow, the City of Dunwoody, Georgia, Mount St. Mary’s University in Los Angeles, Thomas Jefferson University in Philadelphia and the Los Angeles Economic Development Corporation.

Lois is also an accomplished writer in marketing, sales and technical data.

She has donated many services to non-profit organizations such as the Child and Family Center and the School and Business Alliance.

Lois received a B.A. degree from California State University, Bakersfield in Communications, with an emphasis in Public Relations. She received a minor in English Literature.

Lois has performed similar work as requested in this proposal. Public sector projects include complete branding and development of campaigns, annual reports, collateral, events and community services.

22Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

OUR TEAM

STAFFING
Lois McGregor

CREATIVE
Lois McGregor is a principal at McGregor Shott with 27 years working in the advertising and graphic design industry.

Lois guides all aspects of client management and team operations and participates in creative, writing and social media marketing.

CALIFORNIA STATE UNIVERSITY, BAKERSFIELD
DEGREE – MAJOR, B.A. Communications, Emphasis in
Public Relations
Studies included social media, corporate communications and writing.

EDUCATION

CALIFORNIA STATE UNIVERSITY, BAKERSFIELD
DEGREE – Minor in English Literature

COLLEGE OF THE CANYONS, VALENCIA
TWO YEAR – Biology, EMT
Beth Shott

PROJECT MANAGER/CREATIVE
Beth Shott is a principal at McGregor Shott with 28 years working in the advertising and graphic design industry. Beth is an award- winning designer, creating and maintaining brands for business. She designs graphics and materials or special events, community outreach, tradeshows, websites and social media.

ART CENTER COLLEGE OF DESIGN
DEGREE – MAJOR, B.F .A. with Honors, Fine Arts Studies included art and graphic design.

EDUCATION

VALPARAISO UNIVERSITY, INDIANA
DEGREE – B.A. with Distinction and Senior Honors, Advertising Minor in Journalism

UNIVERSITY OF TEXAS, AUSTIN
DEGREE – Graduate School of Business in Advertising
LICENSES AND CERTIFICATIONS:

Federal Tax Identification Number 16-1639747
Resale/Sellers Number SRAC 100-181653
DBE and SBE Certification CUCP Number 44676, Metro File Number 7573

24325 Main Street, Suite 101 Newhall, CA 91321 | 661-305-5600 | www.mcgregorshott.com [email protected]
BETH SHOTT – CREATIVE DIRECTOR AND DESIGNER
BACKGROUND Co-founder and Graphic Designer - Beth Shott is a principal at McGregor Shott with over 28 years working in the advertising and graphic design industry. Beth has designed branding for numerous cities. She specializes in design and production of municipal publications for clients such as the City of Santa Clarita, the City of Montclair, the Los Angeles Economic Development Corporation, and the Town of Apple Valley on an ongoing basis. Publications include 40 to 80 page guides for Parks and Recreation, Summer Camps, Film, Tourism, Economic Development, and New Business Opportunities.

EDUCATION ART CENTER COLLEGE OF DESIGN
DEGREE – MAJOR, B.F.A. with Honors, Fine Arts
Studies included art and graphic design.

VALPARAISO UNIVERSITY , INDIANA
DEGREE – B.A. with Distinction and Senior Honors, Advertising Minor in Journalism

UNIVERSITY OF TEXAS, AUSTIN
Graduate School of Business in Advertising

PROFESSIONAL

ACHIEVEMENTS
AWARDS
ADDY (American Advertising Federation)
American Corporate Identity
CALFEST Competition
California Park and Recreation Society
California Association of Public Information Officials (CAPIO) Communicator Awards
California Tourism Award
International Festival and Events Association
Maverick Award of Excellence
Pinnacle Awards

BOARDS AND MEMBERSHIP
Mensa
William S. Hart Park and Museum
Santa Clarita Food Pantry
The Symphony of the Canyons
Santa Clarita Philharmonic
Accomplished violinist in two California symphonies

Page | 2 BETH SHOTT – CREATIVE DIRECTOR AND DESIGNER

SKILLS Graphic Design
Branding
Art Direction
Social Media Marketing
Advertising

WORK HISTORY

MCGREGOR SHOTT, INC. , PARTNER - CREATIVE DIRECTOR
Jan 2001 – Present

AFTER HOURS DESIGN, OWNER - GRAPHIC DESIGNER
May 1993 – Dec 2000

CAMPBELL AND WAGMAN, ART DIRECTOR
Jan 1990 – May 1993

4470 Chamblee Dunwoody Road, #510, Atlanta, GA 30338 | 661-305-5600 | www.mcgregorshott.com [email protected]
LOIS MCGREGOR – CREATIVE DIRECTOR AND DESIGNER
BACKGROUND Co-founder and Graphic Designer - Lois McGregor is a principal at McGregor Shott with over 27 years working in the advertising and graphic design industry. Lois has contributed to the design, layout and art direction for print and websites for the City of Santa Clarita, California, the City of Dunwoody, Georgia, CVB in Dunwoody, Mount Saint Mary’s University in Los Angeles, Thomas Jefferson University in Philadelphia and the Los Angeles Economic Development Corporation. Lois is also an accomplished writer in marketing, sales and technical data.

EDUCATION CALIFORNIA STATE UNIVERSITY, BAKERSFIELD
DEGREE – MAJOR, B.A. Communications, Emphasis in Public Relations Studies included social media, corporate communications and writing.

CALIFORNIA STATE UNIVERSITY, BAKERSFIELD
DEGREE – Minor in English Literature

COLLEGE OF THE CANYONS, VALENCIA
TWO YEAR – Biology, EMT

PROFESSIONAL

ACHIEVEMENTS
AWARDS
ADDY (American Advertising Federation)
American Graphic Design Award
CALFEST Competition Gold Award
Summit International Awards
Neenah Paper Text and Cover First Place
Communicator Awards
California Tourism Award
Maverick Award of Excellence

BOARDS AND MEMBERSHIP
Santa Clarita School and Business Alliance
The Atlanta Writers Club

SKILLS Graphic Design
Branding
Art Direction
Account Management
Sales and Technical Writing
HTML and CSS, Email Marketing

Page | 2 Lois Mcgregor – CREATIVE DIRECTOR AND DESIGNER

WORK HISTORY

MCGREGOR SHOTT, INC. , PARTNER - CREATIVE DIRECTOR
Jan 2001 – Present

INSYNC DESIGN, OWNER - GRAPHIC DESIGNER
Mar 1996 – Dec 2000

CENTRIC ADVERTISING, PARTNER - GRAPHIC DESIGNER
Jan 1994 – Feb 1996

27Phone: 661-702-0765
McGregor Shott, Inc.
24325 Main Street, Suite 101
Newhall, CA 91321

CONFLICT OF INTEREST

At this time McGregor Shott has no conflict of interest with the City of Montebello.

EXHIBIT “B”

Schedule of Compensation

Design Fee (18-page recreation guide per guide) $4,770

Optional Services

Design Fee (additional pages of guide per page) $ 145

Digital Web Hosting (per year) $ up to 2,000

Post Print Digital Edits (for edits to digital version per hour) $ 95

Design Services (per hour) $ 115

Production / Layout (per hour additional services) $ 95

Photo Shoots (per hour) $ 95

Copywriting (per hour) $ 95

Web Design (per hour) $ 105

Printing of Guide* (2,500 copies per edition) $ 4,820 + tax

*16 page guide + 4 page cover / 8.375 ” x 10.5” folded / 4/4 saddle stitch on 10.5” side trim to size / cover – 100# gloss book / pages – 70# gloss book

Printing prices may vary based upon necessary changes in guide printing quantities, pages per guide, or other variables changed such as, but not limited to, paper type or size.

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT, NO. 4080, WITH R&S OVERHEAD DOORS OF COMMERCE, INC., FOR

PREVENTATIVE MAINTENANCE AND DOOR REPAIR SERVICES AT

THE TRANSPORTATION FACILITY

DATE: March 22, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Professional Services Agreement, No. 4080, with R&S Overhead Doors of Commerce, Inc. (R&S Overhead Doors), for a three-year (3) term, for a total not-to-exceed amount of Eighty-Five Thousand, Two Hundred and Seventy-Three Dollars ($85,273), for preventative maintenance and door repair services at the City of Montebello Transportation Facility; and

2. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) of the total agreement amount; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The project cost to provide preventive maintenance and door repair services at the City's Transportation facility is a total not-to-exceed amount of $85,273, including up to a fifteen percent (15%) contingency or $11,122. Funding for this project will be allocated from the Transportation Department's Fiscal Year 2022-23 adopted operating budget: Transit Operations expense Account No. 600-90-915-6040.60. Therefore, no budget amendment is needed. The FY 2023-24 budget will be developed to include sufficient funding for this agreement.

BACKGROUND/DISCUSSION:

The City operates the Montebello Bus Lines (MBL) on approximately 5.8 acres of city- owned property, located at 400 South Taylor Avenue and 311 South Greenwood Avenue.

The City’s Transportation Facility is comprised of Building A (Administration and

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 22, 2023

Operations), Building B (Corporate Shop), an Employee Parking Structure, a Fuel Dispensing Station, and a Bus Wash System. The Transportation Facility was constructed in 1996 and has exceeded the Federal Transit Administration’s useful life benchmark of 25 years.

In December 2022, MBL staff conducted a process to identify a qualified vendor for a one-year (1-year) term, to provide preventive maintenance and door repair services, for the Transportation Facility’s seventeen (17) overhead doors, six (6) motorized gates, and three (3) aluminum roll up doors. Due to extensive usage and normal wear and tear, the door mechanisms and related components (e.g., cables, rollers, hinges, bearings, bushings, v-groove wheels, drive belts, springs, etc.) have eroded and started to malfunction. After researching multiple vendors and consulting with industry professionals, three (3) vendors were identified and solicited for a proposal: Vortex Industries LLC (Vortex Industries), McKinley Equipment, Inc. (McKinley Equipment), and R&S Overhead Doors.

McKinley Equipment was non-responsive, while Vortex Industries and R&S Overhead Doors provided competitive proposals to meet the scope of services requested. R&S Overhead Doors was selected based on a review of the proposal, which outlined a clear and detailed work plan on how each task and deliverable requested will be accomplished.

In addition, R&S Overhead Doors provided a work plan that included four (4) quarterly visits at a cost that was most advantageous to the City (see Attachment A).

In February 2023, an assessment was conducted of all the transportation facility overhead doors, motorized gates, and aluminum roll up doors. Once a thorough assessment was conducted, it was determined that eight (8) overhead bay doors, one (1) aluminum roll up door, and two (2) motorized gates required extensive repair and preventative maintenance service to remain operable and compliant with the safety standards for commercial doors and gates.

ENVIRONMENTAL:

N/A

ANALYSIS:

The 1-year term agreement with R&S Overhead Doors does not provide coverage for any major repair, or replacement parts required to ensure all overhead doors, motorized gates, and rollup doors remain operable. As such, it is recommended that the City Council approve a new agreement with R&S Overhead Doors, which contemplates a total amount needed to cover the cost of the required repairs and service, with a 3-year term (see Attachment B), in the not to exceed amount broken out in the table below:

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 22, 2023

SUMMARY:

Staff recommends that the City Council consider: (1) approving Agreement No. 4080, attached hereto in substantial form (see Attachment C), with R&S Overhead Doors for a 3-year term, for a total not-to-exceed amount of Eighty-Five Thousand, Two-Hundred Seventy-Three Dollars ($85,273), for preventative maintenance and door repair services at the Transportation Facility; (2) authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) of the total agreement amount; and (3) direct staff to take such additional, and related, actions that may be desirable.

ATTACHMENT(S)

1. Attachment A – One-year Agreement with R&S Overhead Doors

2. Attachment B – Proposal: R&S Overhead Doors

3. Attachment C – Proposed Professional Services Agreement No. 4080

NEXT STEPS:

N/A

OFFER376195
Customer Info   Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640Attn: Cesar Lopez Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640 Date Offer No Submitted By Reference
2/23/2023 376195 Jessica Sanchez (Operations) Repairs Needed Description Amounts R&S Overhead doors of Commerce Inc proposes the following : Door #'s 2, 3, 4, 5, 6 and 7 * Disconnect curtain from barrel (can be left in opening or removed)* Remove existing barrel from opening and transport to our shop* Remove damaged spring(s) and any additional needed components* Replace spring(s) and needed components*Return barrel to job site and reinstall.* Reattach curtain to barrel, adjust, Lube and check door for proper operation* Includes Labor and lift equipment $27,000.00
R&S Overhead doors of Commerce Inc proposes the following, to furnish and install: Door 9 * Removal of the damaged/frayed cable* (30') New steel cables for existing sectional door* Adjust, lube and check door for proper operation Note: Customer to provide scissor lift. If not available $500 will need to be added to cost. $860.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 1 * Removal of the damaged drive belt, v-groove wheels and batteries *One new drive belt will be secured onto the existing operator * Two new v-groove wheels will be installed onto the bottom of the gate and track * 6"X10" Flat bar/mesh to cover post * 9V Battery will be replaced on the existing transmitter $2,163.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 2 * Two new 6"X10" post will be secured onto the existing gap to cover positive stop *9V Battery will be replaced on the existing transmitter $1,226.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 3 * Two new 6"X10" post will be secured onto the existing gap to cover positive stop *9V Battery will be replaced on the existing transmitter $1,226.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Door 11 * Removal of the damaged coil cord $681.00

* One new take-up reel will be secured in place * Take-up reel will be connected to the existing operator and door * Testing of the door for proper operation R&S Overhead doors of Commerce Inc. proposes the following* Provide Quarterly PM service on (17) Over head doors , ( 6 ) Motorized sliding gates, ( 3 ) Aluminum roll up grille doors* Lube all friction points on door(s) & Gates, inspect and minor adjustments as needed* Lube all friction points on motor operator, inspect and minor adjustments as needed* Check all safeties and activation devices* Price is per visit $ 1,686* Contract for (1) year period starting from initial service* Any major repair or needed parts will be quoted Note: Customer to supply scissor lift. Quoted for 4 visits a year for 2 years. Each visit is $1,686.00. $13,488.00
CHANGE ORDER R&S Overhead doors of Commerce Inc proposes the following :* Disconnect curtain from barrel (can be left in opening or removed)* Remove existing barrel from opening and transport to our shop* Remove damaged spring(s) and any additional needed components* Replace spring(s) and needed components Note: New springs will be 100k cycles, (High cycle set up)*Return barrel to job site and reinstall.* Reattach curtain to barrel, adjust, Lube and check door for proper operation*Large forklift rental $20,762.13
Date Payment Terms Acceptance Terms Valid Thru Total Amount 2/23/2023 50% Deposit, 50% Completion 30 Days 3/25/2023 $67,406.13 Submitted By Phone No Email Jessica Sanchez (Operations), Operations Manager (323) 321-3297 [email protected] Terms & Conditions Excluded:* Hidden damage: Damage that was Not able to be seen during estimate inspection* Offer does not include permits or fees. All permits and fees by others* Work to be performed during normal business hours 8:00 am to 4:30 pm, Monday through Friday. Overtime and weekend work at an additional charge. 90 Day warranty on parts and labor (for repairs on the gates and cable job)NOTE: Warranty work to be performed during normal business hours 8:00 am to 4:30 pm. Monday through Friday, excluding weekends and holidays. 1 year warranty parts (Springs Only) and 90 days laborNOTE: Warranty work to be performed during normal business hours 8:00 am to 4:30 pm. Monday through Friday, excluding weekends andholidays. Semiannual maintenance to be performed by our company at an additional cost to honor the warranty. * Offer does not include original service call from  2/13/23 and 2/16/23.  Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICE AGREEMENT, THE PREVAILING PARTYSHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT IAM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THESATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is notpaid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, anoriginal contract for work of improvement or a modification thereof, in the office of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded insuch office. Said bond shall be in an amount not less that fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full

claims of all persons furnishing labor, services, equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar ofthe board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 958261) CUSTOMER, at its own expense, shall guarantee that the wall construction around openings is suitable forhanging all closures, door seals, and accessories, and that there are proper clearances for their erection. CUSTOMER, at its own expense, shall further guarantee that the openings into which closures or aroundwhich door seals are to be installed are complete, unobstructed, and available to employees of R & S or any subcontractor of R & S without delay or interruption of their work. At its own expense, Customer shallprovide access to everything needed by R&S to perform its work. Customer, at its own expense, shall restore that which was damaged or removed to provide access.2) R & S will not prepare or furnish the opening, sills, jambs, lintels, structural members to which closures or door seals or accessories are to be attached, or glass or glazing, or, when motor operators are part of theproducts furnished, any wire, wiring, fuses, or conduits, or any auxiliary steel work for carrying, supporting, or attaching power units. All electrical is the responsibility of customer. R& S is not responsible for errorsin the plans, specs or drawings prepared by others. Damages caused by others during or after installation are not the responsibility of R&S.3) If permits are required, customer shall obtain them at Customer's own expense.4) Prices quoted for services are based upon performing work during normal straight-time hours. If services are performed at any other time, CUSTOMER agrees to pay R & S the overtime rate of all premium pay andother additional costs incurred by R & S or R & S's subcontractor(s). Additional work or changes in the work will be done at a price agreed upon prior to their start.5) Until the agreed price (and any interest due thereon) for any and all products sold hereunder have been paid in full by CUSTOMER, R & S reserves a security interest in each and all of said products, and in theproceeds of said products, ("Collateral"), for the price thereof and all allowances under the terms hereof. CUSTOMER agrees that this Collateral and CUSTOMER'S acceptance of the Contract or order to R & S basedon this Contract and R & S's acceptance of said order, if any, shall constitute a security agreement evidencing such security interest and CUSTOMER by accepting this OFFER or by placing an order based on thisContract appoints R & S as CUSTOMER'S attorney in fact to execute any and all documents necessary to perfect this security interest. Customer grants R&S a security interest in the Collateral to secure payment byCUSTOMER.6) R&S shall not be liable for any loss or damage due to delays caused by the manufacturer, distributor, shipper, owner, or by fire, strikes, weather, or any other cause beyond R&S's control.7) Title to the products and the risk of loss of all products shall pass to Customer when they are delivered to Customer, to the jobsite, or a common carrier for transportation to the specified destination.8) Under no circumstances shall there be any allowance for or reimbursement to customer for repairs or alterations made by anyone other than R & S except and unless previously authorized in writing by R & S.9) No warranties shall apply if R&S was not paid in full for all of the work it performed. Any obligation of R & S under any warranty, express or implied, is conditioned upon R & S receiving written notice fromCustomer of any claimed breach promptly after its discovery, and in any event within 90 days for parts andone year for labor from the date of performance by R & S, and does not include consequential damages and is limited to the repair or replacement, without charge, of any item or part which upon inspection by R & Sproves not to have been as warranted when shipped, or if erected by R & S, when erected. If a claim of breach of warranty proves unfounded, the expense of the inspection and repair performed by R & S shall beborne by CUSTOMER. By hiring R&S and notwithstanding any provision to the contrary, whether contained in the subcontract or in the contract between the general contractor and the owner, or in any otherdocument, you expressly agree that R&S’s obligation to indemnify shall be limited to only the reasonable cost to repair or replace R&S's defective work, and does not include any other damages of any kindwhatsoever.10) In the event that collection efforts are initiated against Customer, Customer agrees to pay for all associated costs of collection including collection agency fees, legal fees, expert fees, and other costs. If anycheck tendered by Customer does not clear the bank for Insufficient funds, Customer can be held liable for three times the amount of the check, in no case more than $1,500, nor less than $100, plus the face valueof the check, or the maximum amount allowed by law as set forth in California Civil Code Section 1719. These remedies are in addition to any other right or remedy that R&S may have.11) Customer agrees that if customer has a dispute or a problem with R&S's work performed under this contract, Customer will notify R&S in writing of the exact nature of the problem or dispute. Customer will giveR&S a reasonable opportunity to correct the problem or dispute, before hiring another to correct it or before filing a claim or lawsuit against R&S. Customer’s failure to give written notice relieves R&S of allresponsibility and liability to customer.12) No action of any kind arising from or related to this contract or the performance thereof may be commenced by Customer against R&S more than two years after completion or cessation of work under thisContract.13) No oral or prior written offers, promises, agreements, or understanding relating to the subject matter of this contract shall be binding upon R & S. No person shall depart from the Terms and Conditions hereinunless authorized in writing by R&S.14) CUSTOMER agrees, that if R&S must employ the services of an attorney to collect the amount due to R & S under this agreement, or if legal action, arbitration or mediation be instituted to enforce any term,condition or covenant set forth herein, then the prevailing party shall be entitled to recover all costs and attorneys fees actually incurred in addition to any other damages awarded. CUSTOMER agrees that theCalifornia Court located nearest to the address of R & S as set forth on the face of the Contract shall have jurisdiction over the subject matter of the contract and shall be the proper Court for bringing any such legalaction and CUSTOMER agrees to be bound by the decision of such California Court which shall interpret the provisions of the contract according to California law.15) In case one or more of the provisions of this Agreement shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions shall not in any way be impaired thereby.16) A failure by Customer to make payment when due is a material breach of this agreement.

Work Order
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/13/2023 C817788 JE     2023-0000560 Equipment Type Description Door # 1: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door #2: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door#3: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door # 4: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door # 5: Rolling Steel Door 16'x14', Cookson, Maintenance shop Door #6: Rolling Steel Door 16'x14', Cookson, Maintenance shop Door#7: Rolling Steel Door 16' x 14', Cookso Rolling Steel door, Maintenance shop Door#8: Rolling Steel Door 16'x14', Atlas rolling steel door, Maintenance shop Door # 9: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door # 9: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door# 10: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door # 11: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door# 12: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door # 13: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door # 13: Sectional Door Sectional door Description
(8) Cookson rolling steel doorsWORK PERFORMED: R&S crew performed a preventive maintenance on all rolling steel doors and found that 6 doors need barrel rebuild. Techs found shavingand pieces of metal inside the hoods. Crew tagged out and turned power off on door 4,5,6,7.Also door 2 needs left stop and door 7 needs right stop RECOMMENDATIONS: Needs an estimate to rebuild barrel on door 2,3,4,5,6,7. Also door 2 needs left stop and door 7 needs the right stop (5) sectional doorsWORK PERFORMED: R&S crew performed a preventive maintenance on all sectional doors, lubed all friction points and tested for proper operation. Techsfound a damage cable on door 9.

RECOMMENDATIONS: Needs a new cable on door 9.( 3/16" 30') Material & Items Used Quantity Unit Price Totals Lube 3
PM Service Discount       Arrive Depart Shop Time Travel Time Lunch Taken Total Time Current Status 8:45 AM 4:00 PM 0.00 1.00 Hrs Yes 7.75 Hrs Incomplete Foreman Helper Total Labor Total Material Additional Work Jesse Monterroso Robert Sanchez     Needs Estimate Material Warranty Labor Warranty Payment Terms Total Amount COD $1,686.00 Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE

Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICEAGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THECOURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THISWORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps toimprove your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against suchclaims by filing, before commencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less that fifty percent (50%) ofthe contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full claims of all persons furnishing labor, services,equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractormay be referred to the Registrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

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PM Summary
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/13/2023 C817788 JE     2023-0000560
Rolling Steel Door Checklist
Lubricate bracket bearing & brass bushings
Check spring tension and balance the door
Remove guides to inspect & straighten all endlocks
Inspect slats for wear, cracks & splits
lubricate guides Motor Operator
lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screw on all sprockets - tighten
Check power shaft bracket bushing for wear
Lubricate limit shaft, limit nuts, limit sprocket
Inspect electric brake assemblies, roll pins, brake disc Inspect sash chain, hand chain, chain lock & manual operation Test all control functions, open, close, key switches
Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key code

Door # 4: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Remarks Tension wheel has a lot of movement when door is traveling. Didn't find shavings on door but might be a good time to fix barrel before it starts cutting downbarrel 77977844-42af-4098-b9f5-fb98050f225e.jpg2/13/2023 10:31 AM VIEW
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Door#3: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status

16' x 14', Cookson, Maintenance shop2/13/2023 10:30 AM
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Alling bender2/13/2023 10:32 AM
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Door # 5: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair

Remarks
Needs a barrel rebuild
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Power switch2/13/2023 11:18 AM
VIEW

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Door #6: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair Remarks Found shaving metal and pieces of brass fitting inside hood. Might have damaged bearing on barrel.

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16'x14', Cookson, Maintenance shop2/13/2023 11:36 AM
VIEW
CHECK SPRING TENSION AND BALANCE THE DOOR2/13/2023 11:36 AM VIEW
Door #2: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status
Complete Remarks
Needs left stop. Stop is broken

16' x 14', Cookson, Maintenance shop2/13/2023 10:19 AM
VIEW
Alling lander 225f02010 Serial No: 282823962/13/2023 10:24 AM VIEW
Door # 1: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status
Complete
16' x 14', Cookson, Maintenance shop2/13/2023 10:14 AM
VIEW
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VIEW
Door#7: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookso Rolling Steel door Maintenance shop   Checklist Status Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair

Motor Operator Needs Repair
Test all reversing devices, edges, photo cells, loops Needs Repair Remarks Found shaving metal inside hood and shaft on tension wheel is bent. The shaft is cutting down the slot of the barring 16' x 14', Cookso Rolling Steel door, Main...2/13/2023 12:06 PM VIEW
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Door#8: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Atlas rolling steel door Maintenance shop   Motor Operator Atlas rolling steel door Inspect for loose set screw on all sprockets - tighten Repaired Remarks Sprocket was missing set screw.

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VIEW

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Sectional Door Checklist
Inspect & lubricate flag bracket bearings
Inspect cable drums for wear, cracks, chips
Inspect cables for wear, fraying, kinks
Inspect all hinges for wear, cracks, breaks. replace if needed Lubricate shaft, spring & center bracket bearings

Lubricate springs
Inspect all rollers for worn bearings, replace/lube as needed Inspect all vertical and horizontal tracks
Balance the door for proper operation
Visually inspect the operation of door Motor Operator
Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screws on all sprockets - tighten Inspect operator drive bushings/bearings for wear
Lubricate limit shaft, limit nuts, limit sprocket, ideler sprocket Inspect brake assemblies, cluth disc, drive belts for wear Inspect trolly assemlby. lubricate trolly rail
Inspect drive chain, tighten as needed.

Inspect manual release, manual operation. balance the door Test all control functions, open, close,stop, key switches Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key pad code Door # 9: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop   Checklist Status Inspect cable drums for wear, cracks, chips Needs Repair Remarks Need.a new cable on the the right side 3/16"

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14' 2" x 14', Sectional door, Mainten...2/13/2023 2:11 PM VIEW
Door# 10: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop     Status Complete

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14' 2" x 14', Sectional door, Mainten...2/13/2023 3:12 PM VIEW
Door # 9: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop     Status Complete

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VIEW
Liftmaster gearhead 460v 3PH, LH2/13/2023 2:18 PM
VIEW
Door # 11: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status Complete Remarks
Coil cord is damage needs to be upgraded to a take up reel. 14' 2" x 12', Sectional door, Mainten...2/13/2023 3:16 PM VIEW

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Door# 12: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status

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14' 2" x 12', Sectional door, Mainten...2/13/2023 3:26 PM VIEW
Door # 13: Sectional Door
Size Make / Model Number / Location Serial / ID No
Sectional door

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Door # 13: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status

14' 2" x 12', Sectional door, Mainten...2/13/2023 3:31 PM VIEW
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VIEW
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Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALESAND SERVICE AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLEATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THEPURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND IACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK. "NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Underthe Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his labor,services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, beforecommencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less thatfifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in fullclaims of all persons furnishing labor, services, equipment or materials for the work described in said contract. IN THE STATE OF CALIFORNIA: Contractorsare required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to theRegistrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

Work Order
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/16/2023 C817788 JE     2023-0000560 Equipment Type Description Aluminum Grille 10’8”x8’9” , Lawrence grille , Entrance grille Aluminum Grille 10’8”x8’9”, Lawrence Grille , Underground exit Aluminum Grille 31’10”x14’, Lawrence , Taylor stree entrance grille Sectional Door
Automatic Gate 20’10”x8’5” wrought iron gate, 222 X3 ST, Gate 2 on Green wood exit (Serial #36B532-1249-646) Automatic Gate 20’10”x8’5” wrought iron gate , Exit on GreenWood Automatic Gate SL300UL1HP3, From Taylor gate Description Pm Service.WORK PERFORMED: Techs arrived at job site checked in with contact and began inspectionGate 1 on Taylor street inspected and found worn rollers gate requires mesh on post to cover opening. Needs new drive-belt cracking. 9v battery.Gate 2 on GreenWood entrance side safety edge needs 9v battery for transmitter, flat bar for post covering 20, positive stops.Gate 3 exit on Greendwood needs 9v battery, positive stops and 20 flat bar on post.Entrance underground grille checked door operation lubricated and performed Pm service checked all activations and safetys.Exit underground grille checked all activations and safetys, lubricated and performed Pm service.Taylor street Grille unable to check operation due to operation not functioning at time of visit. RECOMMENDATIONS: Recommend replacement ofGate 1(1) drive belt(2) heavy duty v-grove wheels(1) 6x10 flat bar for post covering(1) 9v batteriesGate 2(2) 6x10 flat bar for post covering(1) 9v batteriesGate 3(2) 6x10 flat bar for post covering(1) 9v battery

Arrive Depart Shop Time Travel Time Lunch Taken Total Time Current Status 11:00 AM 1:00 PM 0.00 1.00 Hrs No 3.00 Hrs Complete Foreman Helper Total Labor Total Material Additional Work Jose Villasana Jesus Barquin       Material Warranty Labor Warranty Payment Terms Total Amount COD $1,686.00 Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE

Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICEAGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THECOURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THISWORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps toimprove your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against suchclaims by filing, before commencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less that fifty percent (50%) ofthe contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full claims of all persons furnishing labor, services,equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractormay be referred to the Registrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

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PM Summary
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/16/2023 C817788 JE     2023-0000560
Aluminum Grille Checklist
Inspect ends of rod for damage, missing cotter pins
Inspect rods links for oblong holes, wear & damage
Inspect aluminum guides for wear & missing felt
Inspect rod sleeves for holes, damaged & shorten Motor Operator Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screw on all sprockets - tighten
Check power shaft bracket bushing for wear
Lubricate limit shaft, limit nuts, limit sprocket
Inspect electric brake assemblies, roll pins, brake disc Inspect sash chain, hand chain, chain lock & manual operation Test all control functions, open, close, key switches
Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key code Aluminum Grille

Size Make / Model Number / Location Serial / ID No
10’8”x8’9” Lawrence grille Entrance grille     Status

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Aluminum Grille
Size Make / Model Number / Location Serial / ID No
10’8”x8’9” Lawrence Grille Underground exit     Status

Complete
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Aluminum Grille
Size Make / Model Number / Location Serial / ID No
31’10”x14’ Lawrence Taylor stree entrance grille     Status Complete

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Sectional Door Checklist
Inspect & lubricate flag bracket bearings
Inspect cable drums for wear, cracks, chips
Inspect cables for wear, fraying, kinks
Inspect all hinges for wear, cracks, breaks. replace if needed Lubricate shaft, spring & center bracket bearings
Lubricate springs
Inspect all rollers for worn bearings, replace/lube as needed Inspect all vertical and horizontal tracks
Balance the door for proper operation
Visually inspect the operation of door Motor Operator
Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screws on all sprockets - tighten Inspect operator drive bushings/bearings for wear
Lubricate limit shaft, limit nuts, limit sprocket, ideler sprocket Inspect brake assemblies, cluth disc, drive belts for wear Inspect trolly assemlby. lubricate trolly rail

Inspect drive chain, tighten as needed.

Inspect manual release, manual operation. balance the door Test all control functions, open, close,stop, key switches Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key pad code Sectional Door
Size Make / Model Number / Location Serial / ID No

Automatic Gate Checklist
Adjust surface mount hydralic door closer
Lubricate and adjust locking hardware
Check and lubricate hinges or flange bearings
Adjust and lubricate all chains
Check operator mounting bolts and pads
Check set screws and adjust sprockets
Check shafts and bearings
Check and lubricate limit assemblies
Check gear box for leaks
Adjust brake and clutch
Inspect drive belt
Check and lubricate manual disconnect
Check and lubricate roller wheels or bearings
Check and lubricate hardware arms and brackets
Test all request open functions
Test all ground loops
Inspect all loops for surface cracks
Test closing timer
Test reversing edges and photo cells

Test on board current sensor
Test battery back up system
Check for gate warning signs
Check for cycle counter
Record remote or key pad code Automatic Gate
Size Make / Model Number / Location Serial / ID No
SL300UL1HP3 From Taylor gate   Checklist Status
Check shafts and bearings Worn
Test all ground loops Worn
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Automatic Gate
Size Make / Model Number / Location Serial / ID No
20’10”x8’5” wroughtiron gate
222 X3 ST Gate 2 on Green wood exit 36B532-1249-646
Checklist Status
Test reversing edges and photo cells Needs Repair
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Automatic Gate
Size Make / Model Number / Location Serial / ID No
20’10”x8’5” wroughtiron gate
Exit on GreenWood
Checklist Status
Test reversing edges and photo cells Needs Repair Terms & Conditions NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALESAND SERVICE AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLEATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THEPURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND IACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK. "NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Underthe Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his labor,services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, beforecommencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less thatfifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in fullclaims of all persons furnishing labor, services, equipment or materials for the work described in said contract. IN THE STATE OF CALIFORNIA: Contractorsare required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to theRegistrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. 4080 WITH R&S OVERHEAD DOORS OF COMMERCE, INC. THIS PROFESSIONAL SERVICES and entered into on March 22, 2023 , by and between the CITY OF MONTEBELLO, a California municipal corporation (the R&S OVERHEAD DOORS OF COMMERCE, INC. (the CONTRACTOR The CITY and the CONTRACTOR joi RECITALS WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide preventative maintenance and door repair services at the CITYs Transportation Facility; 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 Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 1092 of the California Government Code, in the subject matter of this Agreement. NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein: a. This Agreement and its Exhibits. b. Scope of Services and Associated Cost Proposal dated February 23, 2023, attached hereto as Exhibit . c. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits. B. These documents shall be collectively referred to herein as the lict among the Contract Documents, the order of precedence list above shall apply.

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 2 of 12 SECTION 2. SERVICES / COMPENSATION. A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in CONTRACTORed Cost Pattached hereto as and incorporated fully herein by this Scope of 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 Seventy-Four Thousand, One Hundred and Fifty-One Dollars ($74,151) plus a fifteen percent (15%) contingency sum, for a grand total not-to-exceed sum Eighty- Five Thousand, Two Hundred and Seventy-Three Dollars ($85,273) (the mance of the Scope of Services as set forth in . 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 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 March 22, 2023, and shall be in effect for three (3) years or terminate upon completion of the Scope of Services set forth herein; provided such shall be on or before March 21, 2026 unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein. SECTION 4. PERFORMANCE. a. The 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 and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement. c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 3 of 12 d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion 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 shall 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 written 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 extra services 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 Manager (the City . 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 agent with respect to obtaining the CONTRACTOR compliance hereunder. SECTION 8. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default. a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 4 of 12 its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the 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 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, 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. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving five (5) business daywritten notice to the CONTRACTOR. Upon the termination of this Agreement as provided 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 previous 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-refundabl costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such non- refundabl costs were incurred by the CONTRACTOR prior to the date 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-refundabl 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 cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 9. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of the CITY shall be employed by the 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 shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the 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

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 5 of 12 employee benefits shall be available to t he 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 CONTRACTORs employees or the CONTRACTORs subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he 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 not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to t he CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with worker compensation insurance or any other insurance. SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a CalifRetirement System , the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the 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 determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, th e 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 penalties and interest on such contributions, which would otherwise be the responsibility of the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and 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 contribution and/or employee contributions for PERS benefits.

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 6 of 12 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 governments 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 defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and 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 CONTRACTORs 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 CONTRACTORs 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 damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 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 Limits, and Employ Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Professional Liability insurance appropriate to the CONTRACTORS profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 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 maintained by the CONTRACTOR.

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 7 of 12 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) day 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 CONTRACTORs 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 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. 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 C Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work underthis Agreement, file with the CITs Risk Manager such certificate(s). h. The 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. i. The general l i a b i l i t y a n d 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 under this Agreement shall contain an endorsement providing that the

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 8 of 12 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 endeav with regard to any notice provisions. j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTORs insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTORs 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. l. 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. m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTORs duties to indemnify, hold harmless and defend under 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 subcontract, 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 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 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. 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

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 9 of 12 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 attorneys 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 19. ATTORNS FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 20. WARRANTIES. Each of the parties represents and warrants to one another as follows: a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. SECTION 21. MISCELLANEOUS. a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and 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.

PROFESSIONAL SERVICES AGREEMENT NO. 4080 Page 10 of 12 e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal 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 Electronic Notice as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: If to CITY: 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: Adrianna Kendricks, Director of Transportation 400 South Taylor Avenue Montebello, CA 90640 (323) 558 -1625 x 201 (323) 887- 4643 (Fax) [email protected] If to Contractor: R&S Overhead Doors Of Commerce, Inc. Attn: Jessica Sanchez, Operation Manager 5560 Flotilla Ave Commerce, CA 90040 (323) 727-1220 [email protected] Electronic Noticenotice 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. 4080 Page 11 of 12 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 origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The 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, physical or mental handicap, medical condition or sexual orientation. SECTION 24. CONFLICT OF INTEREST. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the 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. 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 performance 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 covenant under this section shall survive the termination of this Agreement. SECTION 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the CITY and the 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. 4080 Page 12 of 12 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CONTRACTOR CITY OF MONTEBELLO R&S OVERHEAD DOORS OF COMMERCE, INC. René Bobadilla, City Manager Jessica Sanchez, Operation Manager Date: ___________ Date: ____________ ATTEST: Christopher Jimenez, City Clerk APPROVED AS TO FORM: Arnold M. Alvarez-Glasman, City Attorney EXHIBITS Exhibit A ContractorScope of Services and Associated Cost Exhibit B Terms for Compliance with California Labor Law Requirements Exhibit C Affidavit Of Non-Collusion

Exhibit CONTRACTORSERVICES

OFFER376195
Customer Info   Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640Attn: Cesar Lopez Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640 Date Offer No Submitted By Reference
2/23/2023 376195 Jessica Sanchez (Operations) Repairs Needed Description Amounts R&S Overhead doors of Commerce Inc proposes the following : Door #'s 2, 3, 4, 5, 6 and 7 * Disconnect curtain from barrel (can be left in opening or removed)* Remove existing barrel from opening and transport to our shop* Remove damaged spring(s) and any additional needed components* Replace spring(s) and needed components*Return barrel to job site and reinstall.* Reattach curtain to barrel, adjust, Lube and check door for proper operation* Includes Labor and lift equipment $27,000.00
R&S Overhead doors of Commerce Inc proposes the following, to furnish and install: Door 9 * Removal of the damaged/frayed cable* (30') New steel cables for existing sectional door* Adjust, lube and check door for proper operation Note: Customer to provide scissor lift. If not available $500 will need to be added to cost. $860.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 1 * Removal of the damaged drive belt, v-groove wheels and batteries *One new drive belt will be secured onto the existing operator * Two new v-groove wheels will be installed onto the bottom of the gate and track * 6"X10" Flat bar/mesh to cover post * 9V Battery will be replaced on the existing transmitter $2,163.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 2 * Two new 6"X10" post will be secured onto the existing gap to cover positive stop *9V Battery will be replaced on the existing transmitter $1,226.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Gate 3 * Two new 6"X10" post will be secured onto the existing gap to cover positive stop *9V Battery will be replaced on the existing transmitter $1,226.00
R&S Overhead doors of Commerce Inc. proposes the following, to furnish and install: Door 11 * Removal of the damaged coil cord $681.00

* One new take-up reel will be secured in place * Take-up reel will be connected to the existing operator and door * Testing of the door for proper operation R&S Overhead doors of Commerce Inc. proposes the following* Provide Quarterly PM service on (17) Over head doors , ( 6 ) Motorized sliding gates, ( 3 ) Aluminum roll up grille doors* Lube all friction points on door(s) & Gates, inspect and minor adjustments as needed* Lube all friction points on motor operator, inspect and minor adjustments as needed* Check all safeties and activation devices* Price is per visit $ 1,686* Contract for (1) year period starting from initial service* Any major repair or needed parts will be quoted Note: Customer to supply scissor lift. Quoted for 4 visits a year for 2 years. Each visit is $1,686.00. $13,488.00
CHANGE ORDER R&S Overhead doors of Commerce Inc proposes the following :* Disconnect curtain from barrel (can be left in opening or removed)* Remove existing barrel from opening and transport to our shop* Remove damaged spring(s) and any additional needed components* Replace spring(s) and needed components Note: New springs will be 100k cycles, (High cycle set up)*Return barrel to job site and reinstall.* Reattach curtain to barrel, adjust, Lube and check door for proper operation*Large forklift rental $20,762.13
Date Payment Terms Acceptance Terms Valid Thru Total Amount 2/23/2023 50% Deposit, 50% Completion 30 Days 3/25/2023 $67,406.13 Submitted By Phone No Email Jessica Sanchez (Operations), Operations Manager (323) 321-3297 [email protected] Terms & Conditions Excluded:* Hidden damage: Damage that was Not able to be seen during estimate inspection* Offer does not include permits or fees. All permits and fees by others* Work to be performed during normal business hours 8:00 am to 4:30 pm, Monday through Friday. Overtime and weekend work at an additional charge. 90 Day warranty on parts and labor (for repairs on the gates and cable job)NOTE: Warranty work to be performed during normal business hours 8:00 am to 4:30 pm. Monday through Friday, excluding weekends and holidays. 1 year warranty parts (Springs Only) and 90 days laborNOTE: Warranty work to be performed during normal business hours 8:00 am to 4:30 pm. Monday through Friday, excluding weekends andholidays. Semiannual maintenance to be performed by our company at an additional cost to honor the warranty. * Offer does not include original service call from  2/13/23 and 2/16/23.  Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICE AGREEMENT, THE PREVAILING PARTYSHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT IAM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THESATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is notpaid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, anoriginal contract for work of improvement or a modification thereof, in the office of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded insuch office. Said bond shall be in an amount not less that fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full

claims of all persons furnishing labor, services, equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar ofthe board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 958261) CUSTOMER, at its own expense, shall guarantee that the wall construction around openings is suitable forhanging all closures, door seals, and accessories, and that there are proper clearances for their erection. CUSTOMER, at its own expense, shall further guarantee that the openings into which closures or aroundwhich door seals are to be installed are complete, unobstructed, and available to employees of R & S or any subcontractor of R & S without delay or interruption of their work. At its own expense, Customer shallprovide access to everything needed by R&S to perform its work. Customer, at its own expense, shall restore that which was damaged or removed to provide access.2) R & S will not prepare or furnish the opening, sills, jambs, lintels, structural members to which closures or door seals or accessories are to be attached, or glass or glazing, or, when motor operators are part of theproducts furnished, any wire, wiring, fuses, or conduits, or any auxiliary steel work for carrying, supporting, or attaching power units. All electrical is the responsibility of customer. R& S is not responsible for errorsin the plans, specs or drawings prepared by others. Damages caused by others during or after installation are not the responsibility of R&S.3) If permits are required, customer shall obtain them at Customer's own expense.4) Prices quoted for services are based upon performing work during normal straight-time hours. If services are performed at any other time, CUSTOMER agrees to pay R & S the overtime rate of all premium pay andother additional costs incurred by R & S or R & S's subcontractor(s). Additional work or changes in the work will be done at a price agreed upon prior to their start.5) Until the agreed price (and any interest due thereon) for any and all products sold hereunder have been paid in full by CUSTOMER, R & S reserves a security interest in each and all of said products, and in theproceeds of said products, ("Collateral"), for the price thereof and all allowances under the terms hereof. CUSTOMER agrees that this Collateral and CUSTOMER'S acceptance of the Contract or order to R & S basedon this Contract and R & S's acceptance of said order, if any, shall constitute a security agreement evidencing such security interest and CUSTOMER by accepting this OFFER or by placing an order based on thisContract appoints R & S as CUSTOMER'S attorney in fact to execute any and all documents necessary to perfect this security interest. Customer grants R&S a security interest in the Collateral to secure payment byCUSTOMER.6) R&S shall not be liable for any loss or damage due to delays caused by the manufacturer, distributor, shipper, owner, or by fire, strikes, weather, or any other cause beyond R&S's control.7) Title to the products and the risk of loss of all products shall pass to Customer when they are delivered to Customer, to the jobsite, or a common carrier for transportation to the specified destination.8) Under no circumstances shall there be any allowance for or reimbursement to customer for repairs or alterations made by anyone other than R & S except and unless previously authorized in writing by R & S.9) No warranties shall apply if R&S was not paid in full for all of the work it performed. Any obligation of R & S under any warranty, express or implied, is conditioned upon R & S receiving written notice fromCustomer of any claimed breach promptly after its discovery, and in any event within 90 days for parts andone year for labor from the date of performance by R & S, and does not include consequential damages and is limited to the repair or replacement, without charge, of any item or part which upon inspection by R & Sproves not to have been as warranted when shipped, or if erected by R & S, when erected. If a claim of breach of warranty proves unfounded, the expense of the inspection and repair performed by R & S shall beborne by CUSTOMER. By hiring R&S and notwithstanding any provision to the contrary, whether contained in the subcontract or in the contract between the general contractor and the owner, or in any otherdocument, you expressly agree that R&S’s obligation to indemnify shall be limited to only the reasonable cost to repair or replace R&S's defective work, and does not include any other damages of any kindwhatsoever.10) In the event that collection efforts are initiated against Customer, Customer agrees to pay for all associated costs of collection including collection agency fees, legal fees, expert fees, and other costs. If anycheck tendered by Customer does not clear the bank for Insufficient funds, Customer can be held liable for three times the amount of the check, in no case more than $1,500, nor less than $100, plus the face valueof the check, or the maximum amount allowed by law as set forth in California Civil Code Section 1719. These remedies are in addition to any other right or remedy that R&S may have.11) Customer agrees that if customer has a dispute or a problem with R&S's work performed under this contract, Customer will notify R&S in writing of the exact nature of the problem or dispute. Customer will giveR&S a reasonable opportunity to correct the problem or dispute, before hiring another to correct it or before filing a claim or lawsuit against R&S. Customer’s failure to give written notice relieves R&S of allresponsibility and liability to customer.12) No action of any kind arising from or related to this contract or the performance thereof may be commenced by Customer against R&S more than two years after completion or cessation of work under thisContract.13) No oral or prior written offers, promises, agreements, or understanding relating to the subject matter of this contract shall be binding upon R & S. No person shall depart from the Terms and Conditions hereinunless authorized in writing by R&S.14) CUSTOMER agrees, that if R&S must employ the services of an attorney to collect the amount due to R & S under this agreement, or if legal action, arbitration or mediation be instituted to enforce any term,condition or covenant set forth herein, then the prevailing party shall be entitled to recover all costs and attorneys fees actually incurred in addition to any other damages awarded. CUSTOMER agrees that theCalifornia Court located nearest to the address of R & S as set forth on the face of the Contract shall have jurisdiction over the subject matter of the contract and shall be the proper Court for bringing any such legalaction and CUSTOMER agrees to be bound by the decision of such California Court which shall interpret the provisions of the contract according to California law.15) In case one or more of the provisions of this Agreement shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions shall not in any way be impaired thereby.16) A failure by Customer to make payment when due is a material breach of this agreement.

Work Order
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/13/2023 C817788 JE     2023-0000560 Equipment Type Description Door # 1: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door #2: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door#3: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door # 4: Rolling Steel Door 16' x 14', Cookson, Maintenance shop Door # 5: Rolling Steel Door 16'x14', Cookson, Maintenance shop Door #6: Rolling Steel Door 16'x14', Cookson, Maintenance shop Door#7: Rolling Steel Door 16' x 14', Cookso Rolling Steel door, Maintenance shop Door#8: Rolling Steel Door 16'x14', Atlas rolling steel door, Maintenance shop Door # 9: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door # 9: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door# 10: Sectional Door 14' 2" x 14', Sectional door, Maintenance shop Door # 11: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door# 12: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door # 13: Sectional Door 14' 2" x 12', Sectional door, Maintenance shop Door # 13: Sectional Door Sectional door Description
(8) Cookson rolling steel doorsWORK PERFORMED: R&S crew performed a preventive maintenance on all rolling steel doors and found that 6 doors need barrel rebuild. Techs found shavingand pieces of metal inside the hoods. Crew tagged out and turned power off on door 4,5,6,7.Also door 2 needs left stop and door 7 needs right stop RECOMMENDATIONS: Needs an estimate to rebuild barrel on door 2,3,4,5,6,7. Also door 2 needs left stop and door 7 needs the right stop (5) sectional doorsWORK PERFORMED: R&S crew performed a preventive maintenance on all sectional doors, lubed all friction points and tested for proper operation. Techsfound a damage cable on door 9.

RECOMMENDATIONS: Needs a new cable on door 9.( 3/16" 30') Material & Items Used Quantity Unit Price Totals Lube 3
PM Service Discount       Arrive Depart Shop Time Travel Time Lunch Taken Total Time Current Status 8:45 AM 4:00 PM 0.00 1.00 Hrs Yes 7.75 Hrs Incomplete Foreman Helper Total Labor Total Material Additional Work Jesse Monterroso Robert Sanchez     Needs Estimate Material Warranty Labor Warranty Payment Terms Total Amount COD $1,686.00 Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE

Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICEAGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THECOURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THISWORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps toimprove your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against suchclaims by filing, before commencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less that fifty percent (50%) ofthe contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full claims of all persons furnishing labor, services,equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractormay be referred to the Registrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

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PM Summary
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/13/2023 C817788 JE     2023-0000560
Rolling Steel Door Checklist
Lubricate bracket bearing & brass bushings
Check spring tension and balance the door
Remove guides to inspect & straighten all endlocks
Inspect slats for wear, cracks & splits
lubricate guides Motor Operator
lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screw on all sprockets - tighten
Check power shaft bracket bushing for wear
Lubricate limit shaft, limit nuts, limit sprocket
Inspect electric brake assemblies, roll pins, brake disc Inspect sash chain, hand chain, chain lock & manual operation Test all control functions, open, close, key switches
Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key code

Door # 4: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Remarks Tension wheel has a lot of movement when door is traveling. Didn't find shavings on door but might be a good time to fix barrel before it starts cutting downbarrel 77977844-42af-4098-b9f5-fb98050f225e.jpg2/13/2023 10:31 AM VIEW
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Door#3: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status

16' x 14', Cookson, Maintenance shop2/13/2023 10:30 AM
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Alling bender2/13/2023 10:32 AM
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Door # 5: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair

Remarks
Needs a barrel rebuild
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Power switch2/13/2023 11:18 AM
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Door #6: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Cookson Maintenance shop   Checklist Status
Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair Remarks Found shaving metal and pieces of brass fitting inside hood. Might have damaged bearing on barrel.

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16'x14', Cookson, Maintenance shop2/13/2023 11:36 AM
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CHECK SPRING TENSION AND BALANCE THE DOOR2/13/2023 11:36 AM VIEW
Door #2: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status
Complete Remarks
Needs left stop. Stop is broken

16' x 14', Cookson, Maintenance shop2/13/2023 10:19 AM
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Alling lander 225f02010 Serial No: 282823962/13/2023 10:24 AM VIEW
Door # 1: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookson Maintenance shop     Status
Complete
16' x 14', Cookson, Maintenance shop2/13/2023 10:14 AM
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Door#7: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16' x 14' Cookso Rolling Steel door Maintenance shop   Checklist Status Lubricate bracket bearing & brass bushings Needs Repair Check spring tension and balance the door Needs Repair

Motor Operator Needs Repair
Test all reversing devices, edges, photo cells, loops Needs Repair Remarks Found shaving metal inside hood and shaft on tension wheel is bent. The shaft is cutting down the slot of the barring 16' x 14', Cookso Rolling Steel door, Main...2/13/2023 12:06 PM VIEW
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Door#8: Rolling Steel Door
Size Make / Model Number / Location Serial / ID No
16'x14' Atlas rolling steel door Maintenance shop   Motor Operator Atlas rolling steel door Inspect for loose set screw on all sprockets - tighten Repaired Remarks Sprocket was missing set screw.

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Sectional Door Checklist
Inspect & lubricate flag bracket bearings
Inspect cable drums for wear, cracks, chips
Inspect cables for wear, fraying, kinks
Inspect all hinges for wear, cracks, breaks. replace if needed Lubricate shaft, spring & center bracket bearings

Lubricate springs
Inspect all rollers for worn bearings, replace/lube as needed Inspect all vertical and horizontal tracks
Balance the door for proper operation
Visually inspect the operation of door Motor Operator
Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screws on all sprockets - tighten Inspect operator drive bushings/bearings for wear
Lubricate limit shaft, limit nuts, limit sprocket, ideler sprocket Inspect brake assemblies, cluth disc, drive belts for wear Inspect trolly assemlby. lubricate trolly rail
Inspect drive chain, tighten as needed.

Inspect manual release, manual operation. balance the door Test all control functions, open, close,stop, key switches Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key pad code Door # 9: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop   Checklist Status Inspect cable drums for wear, cracks, chips Needs Repair Remarks Need.a new cable on the the right side 3/16"

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14' 2" x 14', Sectional door, Mainten...2/13/2023 2:11 PM VIEW
Door# 10: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop     Status Complete

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Door # 9: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 14' Sectional door Maintenance shop     Status Complete

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Liftmaster gearhead 460v 3PH, LH2/13/2023 2:18 PM
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Door # 11: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status Complete Remarks
Coil cord is damage needs to be upgraded to a take up reel. 14' 2" x 12', Sectional door, Mainten...2/13/2023 3:16 PM VIEW

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Door# 12: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status

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Door # 13: Sectional Door
Size Make / Model Number / Location Serial / ID No
Sectional door

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Door # 13: Sectional Door
Size Make / Model Number / Location Serial / ID No
14' 2" x 12' Sectional door Maintenance shop     Status

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Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALESAND SERVICE AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLEATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THEPURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND IACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK. "NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Underthe Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his labor,services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, beforecommencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less thatfifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in fullclaims of all persons furnishing labor, services, equipment or materials for the work described in said contract. IN THE STATE OF CALIFORNIA: Contractorsare required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to theRegistrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

Work Order
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/16/2023 C817788 JE     2023-0000560 Equipment Type Description Aluminum Grille 10’8”x8’9” , Lawrence grille , Entrance grille Aluminum Grille 10’8”x8’9”, Lawrence Grille , Underground exit Aluminum Grille 31’10”x14’, Lawrence , Taylor stree entrance grille Sectional Door
Automatic Gate 20’10”x8’5” wrought iron gate, 222 X3 ST, Gate 2 on Green wood exit (Serial #36B532-1249-646) Automatic Gate 20’10”x8’5” wrought iron gate , Exit on GreenWood Automatic Gate SL300UL1HP3, From Taylor gate Description Pm Service.WORK PERFORMED: Techs arrived at job site checked in with contact and began inspectionGate 1 on Taylor street inspected and found worn rollers gate requires mesh on post to cover opening. Needs new drive-belt cracking. 9v battery.Gate 2 on GreenWood entrance side safety edge needs 9v battery for transmitter, flat bar for post covering 20, positive stops.Gate 3 exit on Greendwood needs 9v battery, positive stops and 20 flat bar on post.Entrance underground grille checked door operation lubricated and performed Pm service checked all activations and safetys.Exit underground grille checked all activations and safetys, lubricated and performed Pm service.Taylor street Grille unable to check operation due to operation not functioning at time of visit. RECOMMENDATIONS: Recommend replacement ofGate 1(1) drive belt(2) heavy duty v-grove wheels(1) 6x10 flat bar for post covering(1) 9v batteriesGate 2(2) 6x10 flat bar for post covering(1) 9v batteriesGate 3(2) 6x10 flat bar for post covering(1) 9v battery

Arrive Depart Shop Time Travel Time Lunch Taken Total Time Current Status 11:00 AM 1:00 PM 0.00 1.00 Hrs No 3.00 Hrs Complete Foreman Helper Total Labor Total Material Additional Work Jose Villasana Jesus Barquin       Material Warranty Labor Warranty Payment Terms Total Amount COD $1,686.00 Signature

ACCEPTED BY   PRINT NAME   EMAIL ADDRESS   DATE

Terms & Conditions
NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALES AND SERVICEAGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLE ATTORNEY'S FEES AS MAY BE FIXED BY THECOURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THE PURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THISWORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND I ACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK."NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps toimprove your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against suchclaims by filing, before commencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less that fifty percent (50%) ofthe contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full claims of all persons furnishing labor, services,equipment or materials for the work described in said contract.IN THE STATE OF CALIFORNIA: Contractors are required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractormay be referred to the Registrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

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PM Summary
Customer Info Job Info
City of Montebello1600 W. Beverly BlvdMontebello, CA 90640(323) 827-9130Cesar Lopez (323) 827-9130 Maintenance On All Equipment1600 W. Beverly BlvdMontebello, CA 90640Cesar Lopez (323) 827-9130 Date Job No Job Type Account No PO / Contract No 2/16/2023 C817788 JE     2023-0000560
Aluminum Grille Checklist
Inspect ends of rod for damage, missing cotter pins
Inspect rods links for oblong holes, wear & damage
Inspect aluminum guides for wear & missing felt
Inspect rod sleeves for holes, damaged & shorten Motor Operator Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screw on all sprockets - tighten
Check power shaft bracket bushing for wear
Lubricate limit shaft, limit nuts, limit sprocket
Inspect electric brake assemblies, roll pins, brake disc Inspect sash chain, hand chain, chain lock & manual operation Test all control functions, open, close, key switches
Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key code Aluminum Grille

Size Make / Model Number / Location Serial / ID No
10’8”x8’9” Lawrence grille Entrance grille     Status

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Aluminum Grille
Size Make / Model Number / Location Serial / ID No
10’8”x8’9” Lawrence Grille Underground exit     Status

Complete
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Aluminum Grille
Size Make / Model Number / Location Serial / ID No
31’10”x14’ Lawrence Taylor stree entrance grille     Status Complete

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Sectional Door Checklist
Inspect & lubricate flag bracket bearings
Inspect cable drums for wear, cracks, chips
Inspect cables for wear, fraying, kinks
Inspect all hinges for wear, cracks, breaks. replace if needed Lubricate shaft, spring & center bracket bearings
Lubricate springs
Inspect all rollers for worn bearings, replace/lube as needed Inspect all vertical and horizontal tracks
Balance the door for proper operation
Visually inspect the operation of door Motor Operator
Lubricate drive & limit chains
Inspect operator mounting bolts, isolators, angle mount bolts Inspect for loose set screws on all sprockets - tighten Inspect operator drive bushings/bearings for wear
Lubricate limit shaft, limit nuts, limit sprocket, ideler sprocket Inspect brake assemblies, cluth disc, drive belts for wear Inspect trolly assemlby. lubricate trolly rail

Inspect drive chain, tighten as needed.

Inspect manual release, manual operation. balance the door Test all control functions, open, close,stop, key switches Test all reversing devices, edges, photo cells, loops
Check for cycle counter
Test closing timer
Record remote or key pad code Sectional Door
Size Make / Model Number / Location Serial / ID No

Automatic Gate Checklist
Adjust surface mount hydralic door closer
Lubricate and adjust locking hardware
Check and lubricate hinges or flange bearings
Adjust and lubricate all chains
Check operator mounting bolts and pads
Check set screws and adjust sprockets
Check shafts and bearings
Check and lubricate limit assemblies
Check gear box for leaks
Adjust brake and clutch
Inspect drive belt
Check and lubricate manual disconnect
Check and lubricate roller wheels or bearings
Check and lubricate hardware arms and brackets
Test all request open functions
Test all ground loops
Inspect all loops for surface cracks
Test closing timer
Test reversing edges and photo cells

Test on board current sensor
Test battery back up system
Check for gate warning signs
Check for cycle counter
Record remote or key pad code Automatic Gate
Size Make / Model Number / Location Serial / ID No
SL300UL1HP3 From Taylor gate   Checklist Status
Check shafts and bearings Worn
Test all ground loops Worn
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Automatic Gate
Size Make / Model Number / Location Serial / ID No
20’10”x8’5” wroughtiron gate
222 X3 ST Gate 2 on Green wood exit 36B532-1249-646
Checklist Status
Test reversing edges and photo cells Needs Repair
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Automatic Gate
Size Make / Model Number / Location Serial / ID No
20’10”x8’5” wroughtiron gate
Exit on GreenWood
Checklist Status
Test reversing edges and photo cells Needs Repair Terms & Conditions NOTICE: IT IS UNDERSTOOD AND AGREED BY EACH PARTY HERETO IF SUIT IS BROUGHT TO ENFORCE ANY TERM, CONDITION OR COVENANT OF THIS SALESAND SERVICE AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS OF SUCH ACTIONS, INCLUDING REASONABLEATTORNEY'S FEES AS MAY BE FIXED BY THE COURT. I REPRESENT TO R&S OVERHEAD DOORS OF COMMERCE THAT I AM AUTHORIZED TO BIND THEPURCHASER TO THE TERMS SET FORTH HEREIN. BY EXECUTING THIS WORK ORDER, I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT, AND IACKNOWLEDGE THE SATISFACTORY COMPLETION OR THE OR THE DESIRED WORK. "NOTICE TO OWNER" (Section 7019 - Contractor's License Law) Underthe Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his labor,services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, beforecommencing such work of improvement, an original contract for work of improvement or a modification thereof, in the office of the county recorder of thecounty where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less thatfifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in fullclaims of all persons furnishing labor, services, equipment or materials for the work described in said contract. IN THE STATE OF CALIFORNIA: Contractorsare required to be licensed and required and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to theRegistrar of the board whose address is: Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826

EXHIBIT TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement may call for services that, in whole or in part, constitute ned in Division 2, Part 7, Chapter 1 (commencing with Section CONTRACTOR acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this Exhibit, above. 3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. CONTRACTOR shall not perform work with any Sub-CONTRACTOR that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and Sub-CONTRACTORs shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the CONTRACTOR or any Sub-CONTRACTOR ceases to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, CONTRACTORsubject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement. 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any Sub-CONTRACTOR. 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each Sub-CONTRACTOR to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR, and each of its Sub-CONTRACTORs shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. The CONTRACTOR shall not perform Work with any Sub-CONTRACTOR that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of CONTRACTORs from public works. The CONTRACTOR and Sub-CONTRACTORs shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of CONTRACTORs from public works. If the CONTRACTOR or any Sub-CONTRACTOR becomes debarred or suspended during the duration of the project, the CONTRACTOR shall immediately notify City. 10. CONTRACTOR acknowledges that eight hours labor constitwork. CONTRACTOR shall comply with and be bound by Labor Code Section 1810. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the CONTRACTOR or by any Sub-CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows: ction 3700 of the Labor Code which compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perf 12. For every Sub-CONTRACTOR who will perform work on the project, CONTRACTOR shall be responsible for such Sub-CONTRACTORiance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each Sub-CONTRACTOR a copy of those statutory provisions and a requirement that each Sub-CONTRACTOR shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure Sub-CONTRACTORreview of the certified payroll records of the Sub-CONTRACTOR and upon becoming

aware of the failure of the Sub-CONTRACTOR to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent CONTRACTORs serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its Sub-CONTRACTORs, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all duties of CONTRACTOR under this Section shall survive the termination of the Agreement. [END OF

EXHIBIT AFFIDAVIT OF NON-COLLUSION California Public Contract Code § 7106 The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Public Contract Code section 7106. OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated this ___ day of ____________________, 20 ___ _________________________________________________ (Name of Organization) _________________________________________________ (Title of Person Signing) (Signature) ACKNOWLEDGEMENT STATE OF _______________________) ) ss COUNTY OF______________________) Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this _______ day of _____________, _______. ______________________________ Notary Public Signature My Commission Expires: _______________________________________

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: ADOPT RESOLUTION NO. 23-22 AUTHORIZING THE CITY OF

MONTEBELLO TO APPLY TO THE FEDERAL TRANSIT

ADMINISTRATION (FTA) FOR FUNDING TO PURCHASE ZERO-

EMISSION BUSES UNDER THE LOW OR NO EMISSION GRANT

PROGRAM AND THE GRANTS FOR BUSES AND BUS FACILITIES

PROGRAM

DATE: March 22, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-22 authorizing the City of Montebello to apply to the Federal Transit Administration (FTA) for funding to purchase zero-emission buses under the Low or No Emission Grant Program (Low-No Program), in the amount of $6,925,000; and

2. Authorize the City of Montebello to apply to the FTA for funding to purchase zero- emission buses under the Grants for Buses and Bus Facilities Program (Bus and Bus Facilities Program); in the amount of $6,925,000; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City of Montebello will submit two (2) separate applications to the FTA in accordance with the Notice of Funding Opportunity (NOFO) guidelines (see Attachment A), each in the amount of $6,925,000 (the total amount includes a required non-Federal match amount of $1,038,750), for funds under the FTA Low-No Program and the Bus and Bus Facilities Program. If a submitted project is selected for consideration under both programs, the FTA will exercise its discretion to determine under which program the project will receive an award. This funding will assist with the purchase of up to five (5) hydrogen fuel cell electric buses (FCEBs). All future procurement processes required for FCEBs will be included in the annual budget development process for each identified fiscal year and will be presented to City Council for review, budget amendment and

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 22, 2023

approval as necessary.

BACKGROUND/DISCUSSION:

On October 27, 2021, the City Council adopted Resolution No. 21-80 approving Montebello Bus Lines’ (MBL) Zero Emission Bus (ZEB) Rollout Plan (see Attachment B) to serve as a blueprint for how MBL plans to achieve a complete transition to zero- emissions technologies by 2040. Furthermore, the ZEB Rollout Plan provides information on strategies to address MBL’s current bus fleet composition, future bus purchases, and potential funding sources that will assist MBL align with the City’s commitment to invest in the innovative technology required to further reduce its carbon footprint and support the sustainable electrification of transportation.

On January 27, 2023, the FTA posted a combined NOFO announcing the opportunity for transit agencies to apply for approximately $1.22 billion in funds under the Low-No Program and approximately $469 million in funds under the Buses and Bus Facilities Program for the Fiscal Year 2023. These programs provide the FTA an opportunity to award grants through a competitive process to transit agencies for low or zero-emission projects, including the purchase of low or zero-emission buses that use advanced technologies for transit revenue operations. In accordance with the ZEB Rollout Plan, MBL identified FTA’s Low-No Program and the Bus and Bus Facilities Program as potential funding opportunities to assist with purchasing up to five (5) FCEBs. The City is eligible to apply for both FTA grant programs in accordance with Section 5307 of Title 49, U.S. Code.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council adopt Resolution No. 23-22 (see Attachment C) to authorize applying to the FTA for funding to purchase zero-emission buses under the Low-No Program and the Buses and Bus Facilities Program; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Federal Register Vol. 88 No. 18 Notice of Funding Opportunity

2. Attachment B - Resolution No. 21-80 approving MBL’s ZEB Rollout Plan

3. Attachment C - Resolution No. 23-22

NEXT STEPS:

N/A

5400 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must
provide an opportunity for public
comment on the request.

The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).

The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)) with the reasons for denying
or granting the application and, if
granted, the name of the person or class
of persons receiving the exemption and
the regulatory provision from which the
exemption is granted. The notice must
specify the effective period and explain
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).

III. Encore’s Request
Encore seeks an exemption from the
requirement in 49 CFR 393.25(e) that all
exterior lamps (both required lamps and
any additional lamps) be steady-
burning, except for turn signal lamps,
hazard warning signal lamps, school bus
warning lamps, amber warning lamps or
flashing warning lamps on tow trucks
and CMVs transporting oversized loads,
and warning lamps on emergency and
service vehicles authorized by State or
local authorities.

Encore asserts that using the
Intellistop module, which pulses the
rear clearance, identification, and brake
lamps from low-level lighting intensity
to high-level lighting intensity 4 times
in 2 seconds when the brakes are
applied rather than providing steady
burning lamps during the first 2
seconds, would enhance rear signal
systems. Encore submits that pulsing
the rear brake lamps of a CMV may
significantly increase visibility and
reduce the frequency of rear-end
crashes, and thus would maintain a
level of safety that is equivalent to, or
greater than, the level that the CMV
would achieve without the requested
exemption.

On October 7, 2022 (87 FR 61133),
FMCSA denied Intellistop’s application
for an industry-wide exemption to allow
all motor carriers to operate commercial
motor vehicles (CMVs) equipped with
Intellistop’s module. FMCSA noted that
the decision did not preclude individual
motor carriers from seeking an
exemption from 49 CFR 393.25(e) to
purchase, install, and use Intellistop’s
device subject to terms and conditions
to allow sufficient monitoring of the use
of the device. Therefore, consistent with
the October 7, 2022, decision, the
Agency seeks public comment on
Encore’s carrier-specific exemption
application.

A copy of Encore’s application is
included in the docket referenced at the
beginning of this notice.

IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Encore’s application for a five-year
exemption from 49 CFR 393.25(e) to
allow the company to operate CMVs
equipped with Intellistop’s module
which pulses the rear clearance,
identification and brake lamps from
low-level lighting intensity to high-level
lighting intensity 4 times in 2 seconds
when the brakes are applied.

All comments received before the
close of business on the comment
closing date will be considered and will
be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice.

Comments received after the comment
closing date will be filed in the public
docket and may be considered to the
extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–01602 Filed 1–26–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2023 Competitive Funding
Opportunity: Low or No Emission
Grant Program and the Grants for
Buses and Bus Facilities Competitive
Program
AGENCY: Federal Transit Administration
(FTA), DOT.

ACTION: Notice of funding opportunity
(NOFO).

SUMMARY: The Federal Transit
Administration (FTA) announces the
opportunity to apply for approximately
$1.22 billion in competitive grants
under the fiscal year (FY) 2023 Low or
No Emission Grant Program (Low-No
Program) (Federal Assistance Listing:

20.526) and approximately $469 million
in competitive grants under the FY 2023
Grants for Buses and Bus Facilities
Program (Buses and Bus Facilities
Program) (Federal Assistance Listing

20.526), subject to availability of
appropriated funding.

DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on April 13,
2023. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.

ADDRESSES: Instructions for applying
can be found on FTA’s website at
https://www.transit.dot.gov/howtoapply
and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2023–002–TPM–
LWNO for Low-No applications and
FTA–2023–003–TPM–BUS for Buses
and Bus Facilities applications. Please
note, if an applicant is choosing to
apply to both programs, the applicant
must submit a separate GRANTS.GOV
package to each opportunity ID.

Applicants should also select both
programs and respond to all questions
needed for both programs on the
supplemental form. Mail and fax
submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT :

Either Program may be contacted by
email at [email protected],
or applicants may call Margaretta Veltri,
FTA Office of Program Management, at
202–366–5094.

SUPPLEMENTARY INFORMATION: As
required by Federal public
transportation law, Low or No Emission
Grant Program funds will be awarded
competitively for the purchase or lease
of low or no emission vehicles that use
advanced technologies for transit
revenue operations, including related
equipment or facilities. As required by
Federal public transportation law, Buses
and Bus Facilities Program funds will be
awarded competitively to assist in the
financing of capital projects to replace,
rehabilitate, purchase or lease buses and
related equipment, and to rehabilitate,
purchase, construct or lease bus-related
facilities. Zero-emission projects will
include costs for workforce
development, unless the applicant
certifies funds are not needed for this
purpose. In general, projects may
include costs incidental to the
acquisition of buses or to the
construction of facilities, such as the
costs of related workforce development
and training activities, and project
administration expenses. As these two
programs have overlapping eligibilities
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5401 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices and must be implemented on the same
timeline as required by 49 U.S.C. 5339,
FTA is publishing this joint NOFO. Per
Federal public transportation law, FTA
will award grants for these programs
within 75 days after the date this
solicitation expires from funds available
for award at that time. FTA may award
additional funding that is made
available to the programs prior to the
announcement of project selections.

Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a joint NOFO and announces
the availability of FY 2023 funding for
both the Low-No and the Buses and Bus
Facilities Programs.

Federal public transportation law (49
U.S.C. 5339(c)) authorizes FTA to award
grants for low or no emission bus
projects through a competitive process,
as described in this notice. The Low-No
Program provides funding to States
(including territories and Washington,
DC), local governmental authorities, and
tribal governments for the purchase or
lease of zero-emission and low-emission
transit buses, including acquisition,
construction, and leasing of required
supporting facilities such as recharging,
refueling, and maintenance facilities.

Federal public transportation law (49
U.S.C. 5339(b)) authorizes FTA to award
grants for the Buses and Bus Facilities
Program through a competitive process,
as described in this notice. Grants under
this program are for capital projects to
replace, rehabilitate, purchase, or lease
buses and related equipment, or to
rehabilitate, purchase, construct, or
lease bus-related facilities.

The Department seeks to fund projects
under the Low-No and the Buses and
Bus Facilities Programs that reduce
greenhouse gas emissions in the
transportation sector; incorporate
evidence-based climate resilience
measures and features; avoid adverse
environmental impacts to air or water
quality, wetlands, and endangered
species; and address the
disproportionate negative
environmental impacts of transportation
on disadvantaged communities,
consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad (86 FR 7619).

In addition, the Department seeks to
award projects under the Low-No and
the Buses and Bus Facilities Programs
that proactively evaluate whether a
project will create proportional impacts
to all populations in a project area and
increase equitable access to project
benefits, consistent with Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009). The
Department also seeks to award projects
that address equity and environmental
justice, particularly for communities
that have experienced decades of
underinvestment and are most impacted
by climate change, pollution, and
environmental hazards, consistent with
Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86
FR 7619).

In addition, the Department intends to
use the Low-No and the Buses and Bus
Facilities programs to support the
creation of good-paying jobs with the
free and fair choice to join a union and
the incorporation of strong labor
standards and training and placement
programs, especially registered
apprenticeships, in project planning
stages, consistent with Executive Order
14025, Worker Organizing and
Empowerment (86 FR 22829), and
Executive Order 14052, Implementation
of the Infrastructure Investment and
Jobs Act (86 FR 64335). The Department
also intends to use the Low-No and the
Buses and Bus Facilities programs to
support wealth creation, consistent with
the Department’s Equity Action Plan,
through the inclusion of local inclusive
economic development and
entrepreneurship such as the utilization
of Disadvantaged Business Enterprises,
Minority-owned Businesses, Women-
owned Businesses, or 8(a) firms.

B. Federal Award Information
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$73,056,178 in FY 2023 for the Low-No
Program. The 2021 Bipartisan
Infrastructure Law (BIL) (enacted as the
Infrastructure Investment and Jobs Act,
Pub. L. 117–58) provided an additional
$1,029,000,000 in advance
appropriations for FY 2023 grants after
accounting for the authorized takedown
for administrative and oversight
expenses and the Office of Inspector
General (OIG). The Consolidated
Appropriations Act, 2023 appropriated
an additional $49,625,000 for FY 2023
grants after accounting for the
authorized oversight takedown, for a
total of $1,151,681,178 for grants under
the Low-No program. Further, due to
less funding being requested than
funding available during the FY 2022
competition for low-emission projects,
$69,668,939 of FY 2022 Low-No
Program funds remain available for
award, of which $69,192,987 are
reserved for low-emission projects as
required by statute. A grand total of
$1,221,350,117 is being made available
for the FY 2023 Low-No Program under
this notice. Additional funds made
available prior to project selection may
be allocated to eligible projects.

As required by Federal public
transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of
the amount awarded under the Low-No
Program will be awarded to low-
emission projects other than zero-
emission vehicles and related facilities.

As noted above, $69,192,987 of FY 2022
funding for low-emission projects
remains available. This amount, along
with the $287,920,295 low-emission set-
aside for FY 2023, totals $357,113,282
specifically set aside by law for low-
emission projects through the Low-No
Program in FY 2023.

In FY 2022, the Low-No program
received applications for 248 projects
requesting a total of $4,033,245,618.

One hundred projects were funded at a
total of $1,105,329,750.

Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$383,544,933 in FY 2023 funds for the
Buses and Bus Facilities Program. The
Consolidated Appropriation Act, 2023
appropriated an additional $90,000,000.

After the oversight takedown of
$4,099,509, FTA is announcing the
availability of $469,445,424 for the
Buses and Bus Facilities Program
through this notice. Additional funds
made available prior to project selection
may be allocated to eligible projects.

As required by Federal public
transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of
the amount awarded under the Buses
and Bus Facilities Program will be
awarded to projects located in rural
areas. As required by 49 U.S.C.
5339(b)(8), no single grant recipient will
be awarded more than 10 percent of the
amount made available. In FY 2022, the
program received applications for 282
projects requesting a total of
$3,682,203,133. Fifty projects were
funded at a total of $551,366,311.

An applicant may submit a low or no
emissions project to both the Buses and
Bus Facilities Program and the Low-No
Program, or submit the project only to
the Low-No Program or only to the
Buses and Bus Facilities Program.

Applicants are encouraged to submit
projects for consideration under both
programs whenever practicable. If a
project submitted for consideration
under both programs is selected for
funding, FTA will exercise its discretion
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5402 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices to determine under which program the
project will receive an award. Please
note that if submitting to both programs,
a separate application package must be
submitted to each opportunity ID for the
respective program listed on
GRANTS.GOV. If there are not enough
eligible requests for either the low-
emission set-aside under the Low-No
Program or the rural set-aside under the
Buses and Bus Facilities Program, and
eligible applications that would qualify
under either of those set-asides were
submitted only to the other program,
FTA may contact such applicants to
request additional information in order
to consider them under the program for
which they would satisfy a statutory set-
aside.

FTA may cap the amount a single
recipient or State may receive as part of
the selection process for either program.

FTA will grant pre-award authority to
incur costs for selected projects
beginning on the date FY 2023 project
selections are announced on FTA’s
website. Funds are available for
obligation for three fiscal years after the
fiscal year in which the competitive
awards are announced. Funds are
available only for eligible costs incurred
after announcement of project
selections. FTA intends to fund as many
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants
Eligible applicants for the Low or No
Emission Program include designated
recipients, States (including territories
and Washington, DC), local
governmental authorities, and Indian
Tribes. Proposals for funding projects in
rural (non-urbanized) areas—defined as
any area that has not been designated in
the 2010 census, as an ‘‘urbanized area’’
with at least 50,000 in population by the
Secretary of Commerce—must be
submitted as part of a consolidated State
proposal. To be considered eligible,
applicants must be able to demonstrate
the requisite legal, financial, and
technical capabilities to receive and
administer Federal funds under this
program. Assistance on this requirement
is available from FTA’s Regional
Offices.

Eligible applicants for the Buses and
Bus Facilities Program include
designated recipients that allocate funds
to fixed route bus operators, States
(including territories and Washington,
DC) or local governmental entities that
operate fixed route bus service, and
Indian tribes. Eligible subrecipients
include all otherwise eligible applicants
and also private nonprofit organizations
engaged in public transportation.

Except for projects proposed by
Indian tribes, all proposals for projects
in rural (non-urbanized) areas must be
submitted by a State, either individually
or as a part of a statewide application.

States and other eligible applicants also
may submit consolidated proposals for
projects in urbanized areas. The
submission of a statewide or
consolidated urbanized area application
does not preclude any other eligible
recipients in an urbanized area or in a
State from also submitting a separate
application. Proposals may contain
projects to be implemented by the
recipient or its subrecipients.

As permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or an
applicant proposing only a low or no
emission project under the Low-No
program, may include partnerships with
other entities that intend to participate
in the implementation of the project,
including, but not limited to, specific
vehicle manufacturers, equipment
vendors, owners or operators of related
facilities, or project consultants. If an
application that involves such a
partnership is selected for funding, the
project will be deemed to satisfy the
requirement for a competitive
procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are
advised that any changes to the
proposed partnership will require FTA
written approval, must be consistent
with the scope of the approved project,
and may necessitate a competitive
procurement.

2. Cost Sharing or Matching
The maximum Federal share for
projects that involve leasing or
acquiring transit buses (including clean
fuel or alternative fuel vehicles) for
purposes of complying with or
maintaining compliance with the Clean
Air Act (CAA) or the Americans with
Disabilities Act (ADA) of 1990 is 85
percent of the net project cost.

The maximum Federal share for the
cost of acquiring, installing, or
constructing vehicle-related equipment
or facilities (including clean fuel or
alternative fuel vehicle-related
equipment or facilities) for purposes of
complying with or maintaining
compliance with the CAA or ADA is 90
percent of the net project cost of such
equipment or facilities that are
attributable to compliance with the CAA
or ADA. The award recipient must
itemize the cost of specific, discrete,
vehicle-related equipment associated
with compliance with the CAA to be
eligible for the maximum 90 percent
Federal share for these costs.

The Federal share of the cost of other
projects shall not exceed 80 percent.

Eligible sources of match include the
following: cash from non-Government
sources other than revenues from
providing public transportation
services; revenues derived from the sale
of advertising and concessions; amounts
received under a service agreement with
a State or local social service agency or
private social service organization;
revenues generated from value capture
financing mechanisms; funds from an
undistributed cash surplus; replacement
or depreciation cash fund or reserve;
new capital; or in-kind contributions.

Transportation development credits or
in-kind match may be used for local
match if identified and documented in
the application. Other Federal funds
from non-U.S. Department of
Transportation sources may only be
used as match (Federal fund braiding) if
the proposed project is eligible under
the other Federal program and the other
Federal program providing the matching
funds expressly authorizes its funds to
fulfill the match requirement of other
Federal programs. Learn more about
Federal fund braiding at https://
www.transit.dot.gov/regulations-and-
programs/ccam/about/coordinating-
council-access-and-mobility-ccam-
federal-fund.

3. Eligible Projects
Under the Low-No Program (49 U.S.C.
5339(c)), eligible projects include
projects or programs of projects in an
eligible area for: (1) purchasing or
leasing low or no emission buses; (2)
acquiring low or no emission buses with
a leased power source; (3) constructing
or leasing facilities and related
equipment for low or no emission buses;
(4) constructing new public
transportation facilities to accommodate
low or no emission buses; or (5)
rehabilitating or improving existing
public transportation facilities to
accommodate low or no emission buses
(49 U.S.C. 5339(c)(1)(B)). As required by
Federal public transportation law (49
U.S.C. 5339(c)(5)), FTA will consider
only eligible projects relating to the
acquisition or leasing of low or no
emission buses or bus facilities that
make greater reductions in energy
consumption and harmful emissions
than comparable standard buses or other
low or no emission buses. A single
application may include both vehicle
and facility components, along with
associated equipment and workforce
development plans.

A low or no emission bus is defined
as a passenger vehicle used to provide
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5403 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices public transportation that sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
standard vehicle. The statutory
definition includes zero-emission transit
buses, which are defined as buses that
produce no direct carbon emissions and
no particulate matter emissions under
any and all possible operational modes
and conditions. Examples of zero-
emission bus technologies include, but
are not limited to, hydrogen fuel-cell
buses, battery-electric buses, and rubber
tire trolley buses powered by overhead
catenaries. All new transit bus models
must successfully complete FTA bus
testing for production transit buses
pursuant to FTA’s Bus Testing
regulation (49 CFR part 665) in order to
be procured with funds awarded under
the Low-No Program. All transit
vehicles must be procured from certified
transit vehicle manufacturers in
accordance with the Disadvantaged
Business Enterprise (DBE) regulations
(49 CFR part 26). The development or
deployment of prototype vehicles is not
eligible for funding under the Low-No
Program.

Eligible projects for the Buses and Bus
Facilities Program include capital
projects to replace, rehabilitate,
purchase, or lease buses, vans, or related
equipment; or to rehabilitate, purchase,
construct, or lease bus-related facilities
regardless of propulsion type or
emissions. A single application may
include both vehicle and facility
components, along with associated
equipment and workforce development
activities.

Recipients are permitted to use up to

0.5 percent of their requested grant
award for workforce development
activities eligible under Federal public
transportation law (49 U.S.C. 5314(b)),
including on-the-job training, labor-
management partnership training, and
registered apprenticeships, and an
additional 0.5 percent for costs
associated with training at the National
Transit Institute. Supportive services,
such as childcare and transportation
assistance for participants, may be an
eligible use of program funds under 49
U.S.C. 5314(b). FTA will publish
clarifying frequently asked questions.

For applicants proposing any project
related to zero-emission vehicles
(including vehicles, facilities,
equipment, etc.) for either program, 5
percent of the total requested Federal
amount, including the workforce
development activities, but not
including additional required local
share, must be used for workforce
development to retrain the existing
workforce and develop the workforce of
the future, including registered
apprenticeships and other joint labor-
management training programs, as
outlined in the applicant’s Zero-
Emission Transition Plan (see Section
E(1)(c) of this notice), unless the
applicant certifies via the application
that less funding is needed to carry out
the Plan. Supportive services, such as
childcare and transportation assistance
for participants, may be an eligible use
of program funds within this 5 percent.

FTA will publish clarifying frequently
asked questions. Applicants must
identify the proposed use of funds for
these activities in the project proposal
and identify them separately in the
project budget. These amounts are
additional, not a take-down, from other
eligible project expenses. For example,
if an application includes a Federal
request of $95,000 for total capital costs
of the zero-emission vehicles and
associated equipment, an additional
Federal request of $5,000 should be
included in the budget for workforce
development expenses for a total
Federal request of $100,000. The local
share for the vehicles, equipment, and
workforce development is in addition to
the $100,000 Federal request.

Applicants are encouraged to discuss
training needs with their workforce and
to develop training plans in
collaboration with unions and other
workforce representatives, as well as
with workforce boards, community
colleges, and other workforce
organizations. Applicants that propose
not to use the full 5 percent available
must include an explanation as to why
the funds are not needed.

If a single project proposal involves
multiple public transportation
providers, such as when an agency
acquires vehicles that will be operated
by another agency, the proposal must
include a detailed statement regarding
the role of each public transportation
provider in the implementation of the
project.

D. Application and Submission
Information

1. Address To Request Application
Package
Applications must be submitted
electronically through GRANTS.GOV.

General information for accessing and
submitting applications through
GRANTS.GOV can be found at https://
www.transit.dot.gov/howtoapply along
with specific instructions for the forms
and attachments required for
submission. Mail or fax submissions of
completed proposals will not be
accepted. A complete proposal
submission for each program consists of
two forms: the SF–424 Application for
Federal Assistance (available at
GRANTS.GOV) and the supplemental
form for the FY 2023 Low-No and Buses
and Bus Facilities Programs
(downloaded from GRANTS.GOV or the
FTA website at https://
www.transit.dot.gov/funding/grants/
lowno). The same supplemental form
will be used to apply to either program
or both programs. However, please note
that if an applicant is applying to both
programs, they must submit the
materials through each of the
GRANTS.GOV opportunity IDs listed for
each program. Failure to submit the
information as requested can delay
review or disqualify the application.

2. Content and Form of Application
Submission
a. Proposal Submission
A complete proposal submission for
each program consists of two forms: (1)
the SF–424 Application for Federal
Assistance; and (2) the supplemental
form for the FY 2023 Low-No and Buses
and Bus Facilities Programs. The
supplemental form and any supporting
documents must be attached to the
‘‘Attachments’’ section of the SF–424.

The application must include responses
to all sections of the SF–424
Application for Federal Assistance and
the supplemental form, unless indicated
as optional. The information on the
supplemental form will be used to
determine applicant and project
eligibility for the program, and to
evaluate the proposal against the
selection criteria described in part E of
this notice.

FTA will accept only one
supplemental form per SF–424
submission. FTA encourages States and
other applicants to consider submitting
a single supplemental form that
includes multiple activities to be
evaluated as a consolidated proposal. If
a State or other applicant chooses to
submit separate proposals for individual
consideration by FTA, each proposal
must be submitted using a separate SF–
424 and supplemental form.

Applicants may attach additional
supporting information to the SF–424
submission, including but not limited to
letters of support, project budgets, fleet
status reports, or excerpts from relevant
planning documents. Applicants for
zero-emission projects must attach the
fleet transition plan. Any supporting
documentation must be described and
referenced by file name in the
appropriate response section of the
supplemental form, or it may not be
reviewed.

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5404 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices Information such as applicant name,
Federal amount requested, local match
amount, description of areas served, etc.
may be requested in varying degrees of
detail on both the SF–424 and
supplemental form. Applicants must fill
in all fields unless stated otherwise on
the forms. If information is copied into
the supplemental form from another
source, applicants should verify that
pasted text is fully captured on the
supplemental form and has not been
truncated by the character limits built
into the form. Applicants should use
both the ‘‘Check Package for Errors’’ and
the ‘‘Validate Form’’ validation buttons
on both forms to check all required
fields on the forms, and ensure that the
Federal and local amounts specified are
consistent. Applicants should enter
their information in the supplemental
form (fillable PDF) that is made
available on FTA’s website or through
the GRANTS.GOV application package,
and should attach this to the application
in its original format. Applicants should
not use scanned versions of the form,
‘‘print’’ the form to PDF, convert or
create a version using another text
editor, etc.
b. Application Content
The SF–424 Application for Federal
Assistance and the supplemental form
will prompt applicants for the required
information, including:
i. Applicant name
ii. Unique Entity ID (UEI) assigned by
SAM.GOV
iii. Key contact information (including
contact name, address, email
address, and phone)
iv. Congressional district(s) where
project will take place
v. Project information (including title,
an executive summary, and type)
vi. A detailed description of the need for
the project
vii. A detailed description on how the
project will support either
Program’s objectives
viii. Evidence that the project is
consistent with local and regional
planning documents
ix. Evidence that the applicant can
provide the local cost share
x. Address all the applicable criteria and
priority considerations identified in
Section E.
xi. A description of the technical, legal,
and financial capacity of the
applicant
xii. A detailed project budget
identifying the amounts requested,
amounts of other Federal funds, if
any, and amounts of non-Federal
funds.
xiii. An explanation of the scalability of
the project
xiv. Details on the non-Federal
matching funds
xv. A detailed project timeline
Except for the information properly
marked as described in Section H, the
Department may share application
information within the Department or
with other Federal agencies if the
Department determines that sharing is
relevant to the respective program’s
objectives.

3. Unique Entity Identifier and System
for Award Management (SAM)
Each applicant is required to: (1) be
registered in SAM.GOV before
submitting an application; (2) provide a
valid unique entity identifier in its
application; and (3) continue to
maintain an active SAM registration
with current information at all times
during which the applicant has an
active Federal award or an application
or plan under consideration by FTA.

These requirements do not apply if the
applicant has an exemption approved
by FTA pursuant to 2 CFR 25.110(c), or
is otherwise excepted from registration
requirements. FTA may not make an
award until the applicant has complied
with all applicable unique entity
identifier and SAM requirements. If an
applicant has not fully complied with
the requirements by the time FTA is
ready to make an award, FTA may
determine that the applicant is not
qualified to receive an award and use
that determination as a basis for making
a Federal award to another applicant.

All applicants must provide a unique
entity identifier provided by SAM.

Registration in SAM may take as little
as 3–5 business days, but since there
could be unexpected steps or delays (for
example, if there is a need to obtain an
Employer Identification Number), FTA
recommends allowing ample time, up to
several weeks, for completion of all
steps. For additional information on
obtaining a unique entity identifier,
please visit https://www.sam.gov/.

4. Submission Dates and Times
Project proposals must be submitted
electronically through GRANTS.GOV by
11:59 p.m. Eastern time on April 13,
2023. GRANTS.GOV attaches a time
stamp to each application at the time of
submission. Proposals submitted after
the deadline will only be considered
under extraordinary circumstances not
under the applicant’s control. Mail and
fax submissions will not be accepted.

Within 48 hours after submitting an
electronic application, the applicant
should receive an email message from
GRANTS.GOV with confirmation of
successful transmission to
GRANTS.GOV. If a notice of failed
validation or incomplete materials is
received, the applicant must address the
reason for the failed validation, as
described in the email notice, and
resubmit before the submission
deadline. If making a resubmission for
any reason, include all original
attachments regardless of which
attachments were updated and check
the box on the supplemental form
indicating this is a resubmission.

FTA urges applicants to submit
applications at least 72 hours prior to
the due date to allow time to receive the
validation messages and to correct any
problems that may have caused a
rejection notification. GRANTS.GOV
scheduled maintenance and outage
times are announced on the
GRANTS.GOV website. Deadlines will
not be extended due to scheduled
website maintenance.

Applicants are encouraged to begin
the process of registration on the
GRANTS.GOV site well in advance of
the submission deadline. Registration is
a multi-step process, which may take
several weeks to complete before an
application can be submitted. Registered
applicants may still be required to take
steps to keep their registrations up to
date before submissions can be made
successfully. For example, (1)
registration in SAM.GOV is renewed
annually, and (2) persons making
submissions on behalf of the Authorized
Organization Representative (AOR)
must be authorized in GRANTS.GOV by
the AOR to make submissions.

5. Funding Restrictions
Funds under this NOFO cannot be
used to reimburse applicants for
otherwise eligible expenses incurred
prior to FTA award of a grant agreement
until FTA has issued pre-award
authority for selected projects. FTA will
issue pre-award authority to incur costs
for selected projects beginning on the
date that project selections are
announced. FTA does not provide pre-
award authority for competitive funds
until projects are selected, and even
then, there are Federal requirements
that must be met before costs are
incurred. FTA will issue specific
guidance to awardees regarding pre-
award authority at the time of selection.

For more information about FTA’s
policy on pre-award authority, please
see the most recent Apportionment
Notice on FTA’s website. Refer to
Section C.3., Eligible Projects, for
information on activities that are
allowable in this grant program.

Allowable direct and indirect expenses
must be consistent with the
Governmentwide Uniform
Administrative Requirements and Cost
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5405 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices Principles (2 CFR part 200) and FTA
Circular 5010.1E. Funds may not be
used to support or oppose union
organizing.

6. Other Submission Requirements
All applications must be submitted
via the GRANTS.GOV website. FTA
does not accept applications on paper,
by fax, email, or other means. For
information on application submission
requirements, please see Section D.1. of
this notice, Address to Request
Application.

E. Application Review Information

1. Criteria
Projects will be evaluated primarily
on the responses provided in the
supplemental form. Additional
information may be provided to support
the responses; however, any additional
documentation must be directly
referenced on the supplemental form,
including the file name where the
additional information can be found.

FTA will evaluate proposals based on
the criteria described in this notice.

Applicants are encouraged to identify
scaled funding options in case
insufficient funding is available to fund
a project at the full requested amount.

If an applicant indicates that a project
is scalable, the applicant must provide
an appropriate minimum funding
amount that will fund an eligible project
that achieves the objectives of the
program and meets all relevant program
requirements. The applicant must
provide a clear explanation of how the
project budget would be affected by a
reduced award. FTA may award a lesser
amount regardless of whether a scalable
option is provided.

If an applicant is proposing to deploy
autonomous vehicles or other
innovative motor vehicle technology,
the application should demonstrate that
all vehicles will comply with applicable
safety requirements, including those
administered by the National Highway
Traffic Safety Administration (NHTSA)
and Federal Motor Carrier Safety
Administration (FMCSA). Specifically,
the application should show that
vehicles acquired for the proposed
project will comply with applicable
Federal Motor Vehicle Safety Standards
(FMVSS) and Federal Motor Carrier
Safety Regulations (FMCSR). If the
vehicles may not comply, the
application should either (1) show that
the vehicles and their proposed
operations are within the scope of an
exemption or waiver that has already
been granted by NHTSA, FMCSA, or
both agencies or (2) directly address
whether the project will require
exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if
the project will require exemptions or
waivers, present a plan for obtaining
them.
a. Demonstration of Need
Since the purpose of these programs
is to fund vehicles and facilities,
applications will be evaluated based on
the quality and extent to which they
demonstrate how the proposed project
will address an unmet need for capital
investment in vehicles and/or
supporting facilities. For example, an
applicant may demonstrate that it
requires additional or improved
charging or maintenance facilities for
low or no emission vehicles, that it
intends to replace existing vehicles that
have exceeded their minimum useful
life, or that it requires additional
vehicles to meet current ridership
demands or expand services to better
connect underserved communities.

FTA will consider an applicant’s
responses to the following criteria when
assessing the need for capital
investment underlying the proposed
project:

For bus projects (replacement or
expansion):

For replacement requests, applicants
must provide information on the age,
condition, and performance of the
vehicles to be replaced by the proposed
project. Vehicles to be replaced must
have met their minimum useful life at
the time of project completion. For
service expansion requests, applicants
must provide information on the
proposed service expansion and the
benefits for transit riders and the
community from the new service. For
all vehicle projects, the proposal must
address whether the project conforms to
FTA’s spare ratio guidelines. Vehicles
funded under these programs are not
exempt from FTA’s standard spare ratio
requirements, which apply to and are
calculated based on the agency’s entire
fleet. Applicants that are introducing
zero-emission vehicles into their fleet
may consider including vehicles that
have already met their minimum useful
life in a contingency fleet, which is not
included in the spare ratio calculation.

Additionally, applicants who may need
to exceed the spare ratio for a temporary
period are encouraged to work with
their FTA Regional Office to determine
what flexibilities may be afforded to
them and include reference to that in
their application.

For bus facility and equipment
projects (replacement, rehabilitation, or
expansion):

For replacement requests, applicants
must provide information on the age
and condition of the asset to be
rehabilitated or replaced relative to its
minimum useful life. For expansion
requests, applicants must provide
information on the proposed expansion
and the reason that transit riders and the
community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
Applicants to the Low-No Program
must demonstrate how the proposed
project will support the statutory
requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In
particular, FTA will consider the quality
and extent to which applications
demonstrate how the proposed project
will: (1) Reduce Energy Consumption;
(2) Reduce Harmful Emissions; and (3)
Reduce Direct Carbon Emissions.

Reduce Energy Consumption:

Applicants must describe how the
proposed project will reduce energy
consumption. FTA will evaluate
applications based on the degree to
which the proposed technology reduces
energy consumption as compared to
comparable standard vehicle propulsion
technologies.

Reduce Harmful Emissions:

Applicants must demonstrate how the
proposed vehicles or facility will reduce
the emission of particulates that create
local air pollution, which leads to local
environmental health concerns, smog,
and unhealthy ozone concentrations.

FTA will evaluate the rate of particulate
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.

Reduce Direct Carbon Emissions:

Applicants should demonstrate how the
proposed vehicles or facility will reduce
emissions of greenhouse gases from
transit vehicle operations. FTA will
evaluate the rate of direct carbon
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities
Program
Applicants to the Buses and Bus
Facilities Program will be evaluated
based on how well they describe how
the proposed project will improve the
condition of, or otherwise modernize,
the transit system; improve the
reliability of transit service for its riders;
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5406 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices enhance access and mobility within the
service area, particularly for low-income
or underserved communities; and
expand accessibility for people with
disabilities.

Safety: FTA will evaluate the
potential for projects to provide positive
safety benefits for all users, while not
negatively impacting safety for all users.

Applicants may describe how the
project will reduce the frequency of
safety events and/or improve the
outcomes of safety events.

System Condition: FTA will evaluate
the potential for replacement projects to
improve the condition of the transit
system by rehabilitating or replacing
assets that are in poor condition or have
surpassed their minimum or intended
useful life benchmarks. Applicants may
describe the benefits of reducing
breakdowns and service interruptions;
increasing service performance; and/or
reducing the cost of maintaining
outdated vehicles, facilities and
equipment.

Enhanced Access and Mobility: FTA
will evaluate the potential for expansion
projects to improve access and mobility
for the transit riding public, particularly
for low-income and underserved
communities, including improved
headways, creation of new
transportation choices, or eliminating
gaps in the current route network.

Proposed benefits should be based on
documented ridership demand, based
on indicators like area population
density, employment served, and
existing and planned affordable housing
in the corridor, and be well-described or
documented through a study or route
planning proposal.

Applicants that intend to apply to
both programs must submit information
that addresses the requirements of both
programs as described above.
c. Planning and Local or Regional
Prioritization
Applicants must demonstrate how the
proposed project is consistent with local
and regional long-range planning
documents and local government
priorities. FTA will evaluate
applications based on the quality and
extent to which the project is consistent
with the transit priorities identified in
the long-range plan for all proposals;
contingency or illustrative projects
included in that plan; or the locally
developed human services public
transportation coordinated plan.

Applicants may submit copies of the
relevant pages of such plans to support
their application. FTA will consider
how the project will support regional
goals and applicants may submit
support letters from local and regional
planning organizations attesting to the
consistency of the proposed project with
these plans. Applicants are encouraged
to also consult DOT’s Promising
Practices for Meaningful Public
Involvement in Transportation
Decision-Making at https://
www.transportation.gov/priorities/
equity/promising-practices-meaningful-
public-involvement-transportation-
decision-making.

Evidence of additional local or
regional prioritization may include
letters of support for the project from
local government officials, public
agencies, and non-profit or private
sector supporters.

Applicants may also address how the
proposed project will impact overall
system performance, asset management
performance, or specific performance
measures tracked and monitored by the
applying entity to demonstrate how the
proposed project will address local and
regional planning priorities.

For applications related to zero-
emission vehicles (including vehicles,
facilities, equipment, etc.) under either
the Low-No or Buses and Bus Facilities
programs, applicants are required by
law (49 U.S.C. 5339(c)(3)(D)) to submit
a Zero-Emission Fleet Transition Plan.

This plan must be a separate document
from other local or regional planning
documents and must: (1) demonstrate a
long-term fleet management plan with a
strategy for how the applicant intends to
use the current application and future
acquisitions; (2) address the availability
of current and future resources to meet
costs for the transition and
implementation; (3) consider policy and
legislation impacting relevant
technologies; (4) include an evaluation
of existing and future facilities and their
relationship to the technology
transition; (5) describe the partnership
of the applicant with the utility or
alternative fuel provider; and (6)
examine the impact of the transition on
the applicant’s current workforce by
identifying skill gaps, training needs,
and retraining needs of the existing
workers of the applicant to operate and
maintain zero-emission vehicles and
related infrastructure and avoid the
displacement of the existing workforce.

FTA has developed resources for
applicants regarding the development of
this plan which can be found at https://
www.transit.dot.gov/funding/grants/
zero-emission-fleet-transition-plan. For
agencies with smaller fleets, a fleet
transition plan need not be complex and
should be tailored as applicable, but it
still must address all six elements. For
applications from State departments of
transportation, the state may either
provide a fleet transition plan that
covers some or all of the subrecipients,
attach individual plans developed by
the subrecipients, or a combination of
both.
d. Local Financial Commitment
Applicants must identify the source of
the local cost share and describe
whether such funds are currently
available for the project or will need to
be secured if the project is selected for
funding. FTA will consider the
availability of the local cost share as
evidence of local financial commitment
to the project. Applicants should submit
evidence of the availability of funds for
the project; for example, by including a
board resolution, letter of support from
the State, a budget document
highlighting the line item or section
committing funds to the proposed
project, or other documentation of the
source of local funds. FTA will
favorably view an applicant that
proposes to use grant funds only for the
incremental cost of new technologies
over the cost of replacing vehicles with
standard propulsion technologies.
e. Project Implementation Strategy
FTA will rate projects higher if grant
funds can be obligated within 12
months of selection and the project can
be implemented within a reasonable
time frame. In assessing when funds can
be obligated, FTA will consider whether
the project qualifies for a Categorical
Exclusion (CE), or whether the required
environmental work has been initiated
or completed for projects that require an
Environmental Assessment (EA) or
Environmental Impact Statement (EIS)
under the National Environmental
Policy Act of 1969 (NEPA). As such,
applicants should submit information
describing the project’s anticipated path
and timeline through the environmental
review process for all proposals,
including those that may qualify for a
CE. The proposal must state when grant
funds can be obligated and indicate the
timeframe under which the
Metropolitan Transportation
Improvement Program (TIP) and
Statewide Transportation Improvement
Program (STIP) can be amended to
include the proposed project.

In assessing whether the proposed
implementation plans are reasonable
and complete, FTA will review the
proposed project implementation plan,
including all necessary project
milestones and the overall project
timeline. For projects that will require
formal coordination, approvals, or
permits from other agencies or project
partners, the applicant must
demonstrate coordination with these
organizations and their support for the
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5407 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices 1 Supportive services are critical to help women
and people facing systemic barriers to employment
be able to participate and thrive in training and
employment. Supportive services include childcare,
tools, work clothing, application fees and other
costs of apprenticeship or required pre-employment
training, transportation and travel to training and
work sites, and services aimed at helping to retain
underrepresented groups such as mentoring,
support groups, and peer networking.
project, such as through letters of
support.

Applicants that have identified a
cooperative procurement strategy listed
in Section 3019 of the Fixing America’s
Surface Transportation Act (Pub. L.
114–94; 49 U.S.C. 5325, note) are
encouraged to describe the method
chosen as part of their implementation
plans and how such a cooperative
procurement will reduce costs.

For proposals that involve a
partnership with a manufacturer,
vendor, consultant, or other third party,
applicants must identify by name any
project partners, including, but not
limited to, other transit agencies, bus
manufacturers, owners or operators of
related facilities, or any expert
consultants. Such partnerships are
permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)) only for applicants
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or for
applicants proposing only a low or no
emission project under the Low-No
program. FTA will evaluate the
experience and capacity of the named
project partners to successfully
implement the proposed project based
on the partners’ experience and
qualifications. Applicants are advised to
submit information on the partners’
qualifications and experience as a part
of the application. Entities to be
involved in the project that are not
named in the application must be
selected through ordinary procurement
processes.
f. Technical, Legal, and Financial
Capacity
Applicants must demonstrate that
they have the technical, legal, and
financial capacity to undertake the
project.

FTA will review relevant oversight
assessments and records to determine
whether there are any outstanding legal,
technical, or financial issues with the
applicant that would affect the outcome
of the proposed project. Applicants with
outstanding legal, technical, or financial
compliance issues from an FTA
compliance review or Federal Transit
grant-related Single Audit finding must
explain how corrective actions taken
will mitigate negative impacts on the
proposed project.

2. Review and Selection Process
A technical evaluation committee will
evaluate proposals based on the
published evaluation criteria. FTA may
request additional information from
applicants, if necessary. Based on the
review of the technical evaluation
committee, the FTA Administrator will
determine the final selection of projects
for program funding. In determining the
allocation of program funds, FTA may
consider geographic diversity, diversity
in the size of the transit systems
receiving funding, whether an applicant
is from a small urban or rural area or is
a tribal government, and the applicant’s
receipt of other competitive awards.

FTA may also consider capping the
amount a single applicant may receive.

After applying the above criteria, to
address climate change and improve
sustainability, FTA will give priority
consideration to applications that are
expected to create significant
community benefits relating to the
environment, including those projects
that incorporate low or no emission
technology or specific elements to
address greenhouse gas emissions and
climate change impacts. Amongst
vehicle applications that include at least
twenty zero-emission 40-foot buses,
FTA will give priority consideration to
applications that identify greater
emission reductions. To be considered
for priority consideration, vehicle
applications for at least twenty zero-
emission 40-foot buses must use the
FTA FY 2023 Bus and Low-No Emission
Reduction Calculator which can be
found at https://www.transit.dot.gov/
funding/grants/fy-2023-bus-and-low-no-
emission-reduction-calculator, attach
the file, and include the amount of
reductions per vehicle in the
supplemental form.

FTA will also prioritize a zero-
emission project higher than other zero-
emission projects if the applicant is able
to demonstrate how the proposed
project and fleet transition plan support
the conversion of the agency’s overall
fleet to zero emissions.

FTA will also provide priority
consideration for applicants that
describe how their projects support
workforce development, job quality, and
wealth creation as follows:

Applicants for facility projects should
identify whether they will commit to
registered apprenticeship positions and
use apprentices on the funded project,
sometimes called an apprenticeship
utilization requirement (e.g., requiring
that a certain percent of all labor hours
will be performed by registered
apprentices); AND detail partnerships
with high-quality workforce
development programs with supportive
services
1 to help train, place, and retain
underrepresented communities in jobs
and registered apprenticeships on the
project; and, for facility projects over
$35 million in total project cost,
whether the project will use a Project
Labor/Community Workforce
Agreement and, for facility projects over
$35 million, whether the recipient
commits to participate in the U.S.

Department of Labor’s Office of Federal
Contract Compliance Programs (OFCCP)
Mega Construction Project Program if
selected by OFCCP (see F.2.e. Federal
Contract Compliance).

To support efficient and cost-effective
vehicle procurements, FTA will provide
priority consideration to applicants that
identify their intent to use a
procurement method that reduces
customization, such as a joint
procurement or procurement using an
existing schedule. The applicant should
identify the proposed approach, other
partners if applicable, and how the
procurement approach reduces vehicle
customization. FTA will evaluate each
project on its own merits and selection
of one participant indicating their intent
to pursue a joint procurement will be
independent of selection of other
potential participants. If after selection,
the proposed procurement method is no
longer feasible due to other selections
made, the applicant may proceed with
a different methodology.

Among zero-emission applications,
FTA will give priority consideration to
zero-emission applicants that are able to
demonstrate that they have consulted
with workforce representatives on all
aspects of the workforce section of the
fleet transition plan; AND include steps
to provide or connect workers to
supportive services (such as childcare
and transportation assistance); AND
identify the use of at least one of the
following in their plan (1) use of labor-
management partnerships for training;
(2) use of registered apprenticeship
training to support skilling of
incumbent and entry-level workers with
focus on using registered apprenticeship
to advance Black, Hispanic, Asian
American, Native Hawaiian and Pacific
Islanders, tribal, women, and other
groups facing systemic barriers to
employment that may be
underrepresented in the current
workforce, especially in higher-paying
jobs.

FTA will also give priority
consideration to projects that support
the Justice40 initiative. In support of
Executive Order 14008, DOT has been
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5408 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices developing a geographic definition of
Historically Disadvantaged
Communities as part of its
implementation of the Justice40
Initiative. Consistent with OMB’s
Interim Guidance for the Justice40
Initiative, Historically Disadvantaged
Communities include (a) certain
qualifying census tracts, (b) any Tribal
land, or (c) any territory or possession
of the United States. Applicants may
use DOT’s Transportation
Disadvantaged Census Tracts
(arcgis.com) tool to identify whether the
project impact area encompasses
disadvantaged communities: https://
usdot.maps.arcgis.com/apps/
dashboards/
d6f90dfcc8b44525b04c7ce748a3674a.

Use of this map tool is optional;
applicants may provide an image of the
map tool outputs, or alternatively,
consistent with OMB’s Interim
Guidance, applicants can supply
quantitative, demographic data of their
ridership demonstrating the percentage
of their ridership that meets the criteria
described in Executive Order 14008 for
disadvantage. Examples of Historically
Disadvantaged Communities that an
applicant could address using
geographic or demographic information
include low income, high and/or
persistent poverty, high unemployment
and underemployment, racial and
ethnic residential segregation, linguistic
isolation, or high housing cost burden
and substandard housing. Additionally,
in support of the Justice40 Initiative, the
applicant also should identify how they
considered the benefits and potential
burdens a project may create, who
would experience them and how they
may be measured over time, with a
specific focus on how the benefits and
potential burdens will impact
underserved/disadvantaged
communities; and, identify how the
applicant utilized a meaningful public
involvement process, inclusive of
disadvantaged populations, throughout
the lifecycle of a project. For technical
assistance using the mapping tool,
please contact [email protected].

Due to funding limitations, projects
that are selected for funding may receive
less than the amount originally
requested, even if an application did not
present a scaled project option. In those
cases, applicants must be able to
demonstrate that the proposed projects
are still viable and can be completed
with the amount awarded.

3. Integrity and Performance Review
Prior to making an award with a total
amount of Federal share greater than the
simplified acquisition threshold
(currently $10,000), FTA is required to
review and consider any information
about the applicant that is in the Federal
Awardee Performance and Integrity
Information Systems (FAPIIS) accessible
through SAM. An applicant may review
and comment on information about
itself that a Federal awarding agency
previously entered. FTA will consider
any comments by the applicant, in
addition to the other information in
FAPIIS, in making a judgment about the
applicant’s integrity, business ethics,
and record of performance under
Federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.206.

F. Federal Award Administration
Information

1. Federal Award Notices
FTA will announce the final project
selections on the FTA website. Selectees
should contact their FTA Regional
Offices for additional information
regarding allocations for projects. At the
time the project selections are
announced, FTA will extend pre-award
authority for the selected projects (see
Section D.5 of this notice for more
information). There is no blanket pre-
award authority for these projects before
announcement.

2. Administrative and National Policy
Requirements
a. Grant Requirements
If selected, awardees will apply for a
grant through FTA’s Transit Award
Management System (TrAMS).

Recipients of funding in urban areas
according to the 2010 Census are subject
to the grant requirements of the
Urbanized Area Formula Grants
program (49 U.S.C. 5307), including
those of FTA Circular ‘‘Urbanized Area
Formula Program: Program Guidance
and Application Instructions’’
(FTA.C.9030.1E). Recipients of funding
in rural areas according to the 2010
Census are subject to the grant
requirements of the Formula Grants for
Rural Areas Program (49 U.S.C. 5311),
including those of FTA Circular
‘‘Formula Grants for Rural Areas:

Program Guidance and Application
Instructions’’ (FTA.C.9040.1G). All
recipients must accept the FTA Master
Agreement and follow FTA Circular
‘‘Award Management Requirements’’
(FTA.C.5010.1E) and the labor
protections required by Federal public
transportation law (49 U.S.C. 5333(b)).

Technical assistance regarding these
requirements is available from each FTA
regional office.

By submitting a grant application, the
applicant assures that it will comply
with all applicable Federal statutes,
regulations, executive orders, directives,
FTA circulars and other Federal
administrative requirements in carrying
out any project supported by the FTA
grant, including the Davis-Bacon Act (40
U.S.C. 3141–3144, and 3146–3148) as
supplemented by Department of Labor
regulations (29 CFR part 5, ‘‘Labor
Standards Provisions Applicable to
Contracts Covering Federally Financed
and Assisted Construction’’). Further,
the applicant acknowledges that it is
under a continuing obligation to comply
with the terms and conditions of the
grant agreement issued for its project
with FTA. The applicant understands
that Federal laws, regulations, policies,
and administrative practices might be
modified from time to time and may
affect the implementation of the project.

The applicant agrees that the most
recent Federal requirements will apply
to the project, unless FTA issues a
written determination otherwise. The
applicant must submit the Certifications
and Assurances before receiving a grant
if it does not have current certifications
on file.

Applicants for the Buses and Bus
Facilities Program are encouraged to
utilize the innovative procurement
practices found in Section 3019 of the
Fixing America’s Surface Transportation
Act (49 U.S.C. 5325, note). Please see
details at https://www.transit.dot.gov/
funding/grants/innovative-procurement-
leasing-fact-sheet-section-3019. If
selected for funding, any project that
purchases fewer than five buses through
a standalone procurement must provide
a written explanation why the tools
authorized under Section 3019 were not
utilized.

As authorized by Section 25019 of the
BIL, applicants are encouraged to
implement a local or other geographical
or economic hiring preference relating
to the use of labor for construction of a
project funded by the grant, including
pre-hire agreements, subject to any
applicable State and local laws, policies,
and procedures.
b. Buy America and Domestic
Preferences for Infrastructure Projects
As expressed in Executive Order
14005, ‘Ensuring the Future Is Made in
All of America by All of America’s
Workers’ (86 FR 7475), the Executive
Branch should maximize, consistent
with law, the use of goods, products,
and materials produced in, and services
offered in, the United States. Therefore,
all capital procurements must comply
with FTA’s Buy America requirements
(49 U.S.C. 5323(j)), which require that
all iron, steel, and manufactured
products be produced in the United
States. In addition, any award must
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5409 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices comply with the Build America, Buy
America Act (BABA) (Pub. L. 117–58,
sections 70901–27). BABA provides that
none of the funds provided under an
award made pursuant to this notice may
be used for a project unless all iron,
steel, manufactured products, and
construction materials are produced in
the United States. FTA’s Buy America
requirements are consistent with BABA
requirements for iron, steel, and
manufactured products.

Any proposal that will require a
waiver of any domestic preference
standard must identify the items for
which a waiver will be sought in the
application. Applicants should not
proceed with the expectation that
waivers will be granted.
c. Civil Rights Requirements
As a condition of a grant award, grant
recipients should demonstrate that the
recipient has a plan for compliance with
civil rights obligations and
nondiscrimination laws, including Title
VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act
of 1990 (ADA), and Section 504 of the
Rehabilitation Act, all other civil rights
requirements, and accompanying
regulations. This should include a
current Title VI plan, completed
Community Participation Plan
(alternatively called a Public
Participation Plan and often part of the
overall Title VI program plan), if
applicable. DOT’s and the applicable
Operating Administrations’ Office of
Civil Rights may work with awarded
grant recipients to ensure full
compliance with Federal civil rights
requirements.
d. Disadvantaged Business Enterprise
Recipients of planning, capital, or
operating assistance that will award
prime contracts (excluding transit
vehicle purchases), the cumulative total
of which exceeds $250,000 in FTA
funds in a Federal fiscal year, must
comply with the Disadvantaged
Business Enterprise (DBE) program
regulations (49 CFR part 26).

To be eligible to bid on any FTA-
assisted vehicle procurement, entities
that manufacture transit vehicles or
perform post-production alterations or
retrofitting must be certified Transit
Vehicle Manufacturers (TVM). If a
vehicle remanufacturer is responding to
a solicitation for new or remanufactured
vehicles with a vehicle to which the
remanufacturer has provided post-
production alterations or retrofitting
(e.g., replacing major components such
as engine to provide a ‘‘like new’’
vehicle), the vehicle remanufacturer
must be a certified TVM.

The TVM rule requires that, prior to
bidding on any FTA-assisted vehicle
procurement, manufacturers of transit
vehicles submit a DBE Program plan
and annual goal methodology to FTA.

FTA then will issue a TVM concurrence
and certification letter. Grant recipients
must verify each manufacturer’s TVM
status before accepting its bid. A list of
compliant, certified TVMs is posted on
FTA’s website at https://
www.transit.dot.gov/TVM. Recipients
should contact FTA before accepting a
bid from a manufacturer not on this list.

In lieu of using a certified TVM, a
recipient may establish project-specific
DBE goals for its vehicle procurement.

FTA will provide additional guidance as
grants are awarded. For more
information on DBE requirements,
please contact Monica McCallum, FTA
Office of Civil Rights, 206–220–7519,
[email protected].
e. Federal Contract Compliance
As a condition of grant award and
consistent with E.O. 11246, Equal
Employment Opportunity (30 FR 12319,
and as amended), all Federally-assisted
construction contractors are required to
make good faith efforts to meet the goals
of 6.9 percent of construction project
hours being performed by women, in
addition to goals that vary based on
geography for construction work hours
and for work being performed by people
of color. Under Section 503 of the
Rehabilitation Act and its implementing
regulations, affirmative action
obligations for certain contractors
include an aspirational employment
goal of 7 percent workers with
disabilities.

The U.S. Department of Labor’s Office
of Federal Contract Compliance
Programs (OFCCP) is charged with
enforcing Executive Order 11246,
Section 503 of the Rehabilitation Act of
1973, and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974.

OFCCP has a Mega Construction Project
Program through which it engages with
project sponsors as early as the design
phase to help promote compliance with
non-discrimination and affirmative
action obligations. OFCCP may identify
construction projects that receive an
award under this notice that have a
project cost above $35 million to
participate in OFCCP’s Mega
Construction Project Program. If
selected and the applicant agrees to
participate, OFCCP will ask selected
project sponsors to make clear to prime
contractors in the pre-bid phase that
award terms may require their
participation in the Mega Construction
Project Program. Additional information
on how OFCCP makes their selections
for participation in the Mega
Construction Project Program is
outlined under ‘‘Scheduling’’ on the
Department of Labor website: https://
www.dol.gov/agencies/ofccp/faqs/
construction-compliance.
f. Planning
FTA encourages applicants to notify
the appropriate State Departments of
Transportation and Metropolitan
Planning Organizations (MPOs) in areas
likely to be served by the project funds
made available under this program.

Selected projects must be incorporated
into the long-range plans and
transportation improvement programs of
States and metropolitan areas before
they are eligible for FTA funding.

3. Reporting
Post-award reporting requirements
include the electronic submission of
Federal Financial Reports and Milestone
Progress Reports in FTA’s electronic
grants management system. Recipients
of funds made available through this
NOFO are also required to regularly
submit data to the National Transit
Database. Recipients should include any
goals, targets, and indicators referenced
in their applications in the Executive
Summary of the TrAMS application.

FTA is committed to making
evidence-based decisions guided by the
best available science and data. In
accordance with the Foundations for
Evidence-based Policymaking Act of
2018 (Evidence Act), FTA may use
information submitted in discretionary
funding applications; information in
FTA’s Transit Award Management
System (TrAMS), including grant
applications, Milestone Progress Reports
(MPRs), Federal Financial Reports
(FFRs); transit service, ridership and
operational data submitted in FTA’s
National Transit Database;
documentation and results of FTA
oversight reviews, including triennial
and state management reviews; and
other publicly available sources of data
to build evidence to support policy,
budget, operational, regulatory, and
management processes and decisions
affecting FTA’s grant programs.

As part of completing the annual
certifications and assurances required of
FTA grant recipients, a successful
applicant must report on the suspension
or debarment status of itself and its
principals. If the award recipient’s
active grants, cooperative agreements,
and procurement contracts from all
Federal awarding agencies exceeds
$10,000,000 for any period of time
during the period of performance of an
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5410 Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices 1 49 CFR 543.7 specifies that the manufacturer
must include a statement that their entire vehicle
line is equipped with an immobilizer that meets
one of the following standards:
(1) The performance criteria (subsection 8
through 21) of C.R.C, c. 1038.114, Theft Protection
and Rollaway Prevention (in effect March 30, 2011),
as excerpted in appendix A of [part 543];
(2) National Standard of Canada CAN/ULC–
S338–98, Automobile Theft Deterrent Equipment
and Systems: Electronic Immobilization (May
1998);
(3) United Nations Economic Commission for
Europe (UN/ECE) Regulation No. 97 (ECE R97),
Uniform Provisions Concerning Approval of
Vehicle Alarm System (VAS) and Motor Vehicles
with Regard to Their Alarm System (AS) in effect
August 8, 2007; or
award made pursuant to this Notice, the
recipient must comply with the
Recipient Integrity and Performance
Matters reporting requirements
described in Appendix XII to 2 CFR part
200.

G. Federal Awarding Agency Contacts
For further information concerning
this notice, please email
[email protected], or call
Margaretta Veltri, FTA Office of
Program Management, at 202–366–5094.

A TDD is available for individuals who
are deaf or hard of hearing at 800–877–
8339. In addition, FTA will post
answers to questions and requests for
clarifications on FTA’s website at
https://www.transit.dot.gov/lowno. To
ensure applicants receive accurate
information about eligibility or the
program, applicants are encouraged to
contact FTA with questions directly,
rather than through intermediaries or
third parties.

For issues with GRANTS.GOV, please
contact GRANTS.GOV by phone at 1–
800–518–4726 or by email at support@
grants.gov. Contact information for
FTA’s regional offices can be found on
FTA’s website at https://
www.transit.dot.gov/about/regional-
offices/regional-offices.

H. Other Information
User-friendly information and
resources regarding DOT’s discretionary
grant programs relevant to rural
applicants can be found on the Rural
Opportunities to Use Transportation for
Economic Success (ROUTES) website at
https://www.transportation.gov/rural.

This program is not subject to
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs.’’
All information submitted as part of
or in support of any application shall
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
an applicant submits information the
applicant considers to be a trade secret
or confidential commercial or financial
information, the applicant must provide
that information in a separate
document, which the applicant may
reference from the application narrative
or other portions of the application. For
the separate document containing
confidential information, the applicant
must do the following: (1) state on the
cover of that document that it ‘‘Contains
Confidential Business Information
(CBI);’’ (2) mark each page that contains
confidential information with ‘‘CBI;’’ (3)
highlight or otherwise denote the
confidential content on each page; and
(4) at the end of the document, explain
how disclosure of the confidential
information would cause substantial
competitive harm. FTA will protect
confidential information complying
with these requirements to the extent
required under applicable law. If FTA
receives a Freedom of Information Act
(FOIA) request for the information that
the applicant has marked in accordance
with this section, FTA will follow the
procedures described in DOT’s FOIA
regulations at 49 CFR 7.29. Only
information that is in the separate
document, marked in accordance with
this section, and ultimately determined
to be confidential will be exempt from
disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023–01654 Filed 1–26–23; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; Ford Motor Company
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

SUMMARY: This document grants in full
the Ford Motor Company (Ford) petition
for exemption from the Federal Motor
Vehicle Theft Prevention Standard (theft
prevention standard) for its Mustang
Mach-E vehicle line beginning in model
year (MY) 2024. The petition is granted
because the agency has determined that
the antitheft device to be placed on the
line as standard equipment is likely to
be as effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
theft prevention standard. Ford also
requested confidential treatment for
specific information in its petition.

Therefore, no confidential information
provided for purposes of this notice has
been disclosed.

DATES: The exemption granted by this
notice is effective beginning with the
2024 model year.

FOR FURTHER INFORMATION CONTACT :

Carlita Ballard, Office of International
Policy, Fuel Economy, and Consumer
Programs, NHTSA, West Building,
W43–439, NRM–310, 1200 New Jersey
Avenue SE, Washington, DC 20590. Ms.

Ballard’s phone number is (202) 366–
5222. Her fax number is (202) 493–2990.

SUPPLEMENTARY INFORMATION: Under 49
U.S.C. chapter 331, the Secretary of
Transportation (and the National
Highway Traffic Safety Administration
(NHTSA) by delegation) is required to
promulgate a theft prevention standard
to provide for the identification of
certain motor vehicles and their major
replacement parts to impede motor
vehicle theft. NHTSA promulgated
regulations at 49 CFR part 541 (theft
prevention standard) to require parts-
marking for specified passenger motor
vehicles and light trucks. Pursuant to 49
U.S.C. 33106, manufacturers that are
subject to the parts-marking
requirements may petition the Secretary
of Transportation for an exemption for
a line of passenger motor vehicles
equipped with an antitheft device as
standard equipment that the Secretary
decides is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the parts-
marking requirements. In accordance
with this statute, NHTSA promulgated
49 CFR part 543, which establishes the
process through which manufacturers
may seek an exemption from the theft
prevention standard.
49 CFR 543.5 provides general
submission requirements for petitions
and states that each manufacturer may
petition NHTSA for an exemption of
one vehicle line per model year. Among
other requirements, manufacturers must
identify whether the exemption is
sought under section 543.6 or section
543.7. Under section 543.6, a
manufacturer may request an exemption
by providing specific information about
the antitheft device, its capabilities, and
the reasons the petitioner believes the
device to be as effective at reducing and
deterring theft as compliance with the
parts-marking requirements. Section
543.7 permits a manufacturer to request
an exemption under a more streamlined
process if the vehicle line is equipped
with an antitheft device (an
‘‘immobilizer’’) as standard equipment
that complies with one of the standards
specified in that section.
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RESOLUTION NO. 21- 80

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPOVING MONTEBELLO BUS LINES' ZERO­

EMISSION BUS ROLLOUT PLAN

RECITALS
WHEREAS, in December 2018, the Innovative Clean Transit (ICT} regulation was adopted by the State of California, requiring all public transit agencies to gradually transition to a one hundred (100) percent ZEB fleet; and WHEREAS, the ICT regulation aligns with other State policies, including, the Sustainable Communities and Climate Protection Program (SB 375), which creates initiatives for increased development of transit-oriented communities, better-connected transportation, and active transportation; and
WHEREAS, the ICT regulation also requires each transit agency to submit a complete Rollout Plan, approved by its governing body, to the California Air Resources Board (CARS) showing how it plans to achieve a full transition to zero-emission technologies by 2040; and
WHEREAS, the City of Montebello (the "City"), as a transit bus owner by and through Montebello Bus Lines (the "Transportation Department") provides transportation services to residents of Montebello and neighboring cities; and WHEREAS, Montebello Bus Lines will submit the Zero Emission Bus Rollout Plan (Rollout Plan) to CARS on behalf of the City for review and approval.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

APPROVES MONTEBELLO BUS LINES ZERO-EMISSION BUS ROLLOUT PLAN; AND SECTION 1: Approvals and Ce�ifications.

1. The Transportation Department is approved to submit the Rollout Plan to CARS on behalf of the City of Montebello by and through the Montebello Bus Lines.

I ,- ;_;. i ��

2. Monteb�ll¢�_,E(u� ·ur,ies .(MBL) Zero Emissions Bus Rollout Plan has met the{ l·- >· -, , following� ·r�uirements in accordance with ICT regulation by specifically I "''�1 .. .. .....
addres�iog_:
t ::.. �
- \

ATTACHMENT B

RESOLUTION NO. 21-80

■ The Transit agency's information.
■ A goal of full transition to zero-emission buses by 2040 with a strategic plan that coincide with the disposition of conventional transit buses at the end of their lifecycle expectancy.
■ The type(s) of zero-emission bus technologies MBL is planning to deploy, which include the fleet transition schedule over the next 20-year period. • MBL's current bus fleet composition and future bus purchases. • Facilities and infrastructure modifications.
• Providing service in disadvantaged communities.
• Workforce training.
• Potential funding sources.
• Start-up and scale-up challenges.

3. Where reasonably necessary, the Montebello Bus Lines' Director is authorized to make necessary modifications, adjustments and/or changes to the Zero Emission Bus Rollout Plan; provided such modifications, adjustments and/or changes are done for good cause and notice is given to the California Air Resources Board of the proposed changes.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 27th day of October 2021.
/ . 1 ; (Jl(,�
bas-Cawthorne, Mayor
ATTEST:
e1;p�� Christopher Jimez�rk

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF MONTEBELLO
)
)
)
SS:

APPROVED AS TO FORM:

RESOLUTION NO. 21-80

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 21-80 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 27th day of October 2021 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Jimenez, Melendez, Torres, Peralta, Cobos-Cawthorne
None
None
None
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

October 27, 2021
Montebello Bus Lines
Zero Emission Bus Rollout Plan

2 TABLE OF CONTENTS
SECTION A: TRANSIT AGENCY INFORMATION ........................................................................................... 3 SECTION B: ROLLOUT PLAN GENERAL INFORMATION .............................................................................. 4 SECTION C: TECHNOLOGY PORTFOLIO ....................................................................................................... 5 FIGURE 1: Fleet Composition Over 20-Year Transition Period ................................................................. 6 SECTION D: CURRENT BUS FLEET COMPOSITION AND FUTURE BUS PURCHASES ................................... 7 TABLE 1: Bus Information for Current Bus Fleet ....................................................................................... 7 FIGURE 2: Projected Annual Bus Procurements Fleet .............................................................................. 8 TABLE 2: Projected Annual Bus ZEB Procurement Details ........................................................................ 9 TABLE 3: Verifying Block Achievability Throughout Fleet Transition ...................................................... 11 TABLE 4: Estimated Costs of Future ZEB Purchases ................................................................................ 11 SECTION E: FACILITIES AND INFRASTRUCTURE MODIFICATION ............................................................. 12 FIGURE 3: Estimated Annual Infrastructure Costs .................................................................................. 13 TABLE 5: Facilities Information and Construction Timeline .................................................................... 14 TABLE 6: NOx-Exempt Area and Electric Utilities’ Territories ................................................................. 15 SECTION F: PROVIDING SERVICES IN DISADVANTAGED COMMUNITIES (DACs) .................................... 16 TABLE 7: Service in Disadvantaged Communities ................................................................................... 17 SECTION G: WORKFORCE TRAINING ........................................................................................................ 21 TABLE 8: Forecasted Personnel and Positions Training Requirements .................................................. 22 SECTION H: POTENTIAL FUNDING SOURCES ............................................................................................ 23 SECTION I: START-UP AND SCALE-UP CHALLENGES ................................................................................. 24 APPENDIX A: MBL SITE RENDERINGS ...................................................................................................... 26 APPENDIX B: DAC AND LOW-INCOME SERVICE MAP ............................................................................. 28

3 SECTION A: Transit Agency Information

1. Transit Agency’s Name Montebello Bus Lines

2. Mailing Address 400 S. Taylor Ave
Montebello, CA 90640

3. Name of Transit Agency’s Air
Districts South Coast Air Quality Management District

4. Name of Transit Agency’s Air Basin South Coast Air Basin

5. Total Number of Buses in Annual
Maximum Service 66

6. Population of Urbanized Area
Transit Agency Services (Last
Published by the Census Bureau as
of 2019)
520,344

7. Contact Information
Adrianna Kendricks
Acting Director of Transportation
(323)558-1625 ext. 201
[email protected]

8. Is your agency part of a Joint Group
(13 CCR§2023.1 (d) (3))? Yes☐ No☒

4 SECTION B: Rollout Plan General Information

1. Does your transit agency’s Rollout Plan have a goal of full transition to zero-emission technologies by 2040 that avoids early retirement of conventional transit buses (13 CCR § 2023.1(d)(1)(A))?
Yes.

2. The ICT regulation requires 100% ZEB purchase in 2029. Conventional transit buses that are purchased in 2028 could be delivered in or after 2029. Please explain how your transit agency plans to avoid potential early retirement of conventional buses in order to meet the 2040 goal.

Montebello Bus Lines (MBL) will begin purchasing zero-emission buses (ZEB) in the first quarter of 2023, and gradually purchase additional ZEBs through 2040. This purchasing strategy will coincide with the disposition of conventional transit buses at the end of their lifecycle expectancy. MBL does not intend to acquire additional non-ZEBs after 2023.

3. When did your transit agency's board or governing body approve the Rollout Plan? a. Rollout Plan's approval date: 10/27/2021
b. Resolution number: 21 - 80
c. Is a copy of the board approved resolution attached to the Rollout Plan submitted to CARB (13 CCR § 2023.1(d) (2))? Yes

4. Please provide contact information for CARB to follow up on details of the Rollout Plan, if needed.
a. Contact name: John Soria
b. Title: Transit Administration Manager
c. Phone Number: (323) 558-1625 ext.106
d. Email: [email protected]

5. Who assisted in creating the Rollout Plan?
MBL staff worked with bus manufacturing consultants and representatives to create a customized plan that considers MBL’s Current Bus Fleet Composition and Future Bus Purchases, Facilities and Infrastructure Modifications, Workforce Training, Potential Funding Sources, and Start-up and Scale-up Challenges.

5 SECTION C: Technology Portfolio

1. What type(s) of zero-emission bus technologies does your transit agency plan to deploy through 2040? (13 CCR § 2023.1(d)(1)(B))
MBL intends to deploy a complete fleet of Fuel Cell Electric Buses (FCEB). While Battery Electric Buses (BEBs) are also ZEBs with several notable configurations, MBL concluded that FCEBs are more efficient and better aligned with the transit agency’s operational needs. K ey considerations used to identify the preferred option were performance and ease of implementation. FCEBs can accommodate larger
energy demands over the BEBs. In addition,
FCEB technology is operationally flexible during power outages and rolling blackouts.

According to bus manufacturer, New Flyer of America, Inc., FCEBs provide the following:
 Long-range transit services of 350 miles without refueling.  Refueling process between 8 – 20 minutes.
 Increased bus life expectancy of 16 years (CNG – 12 years).  Increased passenger load capacity of 82 (CNG – 62).

Further considerations were made regarding infrastructure needs for both types of ZEBs.

Deploying an FCEB fleet will not require significant changes to the current infrastructure and will provide long term cost savings when compared to a BEB fleet. Figure 1 illustrates MBL's plan to achieve a complete FCEB fleet by 2040. The procurement of FCEBs and the gradual development of MBL’s infrastructure
to receive and support its new fleet will begin in 2023.

6 FIGURE 1: MBL’s FCEB Fleet Transition Schedule Over the next 20-Year Period 28 28 28 28 28 28 28 28 28 28 28 28 28 27
19 12
7 7
3 3 3 3 3 3 3 3 3
35 35 33 33 30 30
26 26
21 8 8 8
3 2 2 5 5
9 9
17 30 30 30
35 39
47 54
59 59
63 66
0 10
20 30
40 50
60 70NUMBER OF BUSES
YEAR

FCEB FLEET TRANSITION SCHEDULE
CNG Electric HYBRID FCEB

7 SECTION D: Current Bus Fleet Composition and Future Bus Purchases Please complete Table 1 with information on each individual bus in your current bus fleet.

Table 1 represents MBL ’s fleet as of the fourth quarter of 2021. Listed are vehicles that routinely operate in service, as well as a supporting contingency fleet.

TABLE 1: Bus Information for Current Bus Fleet
Series Model
Year
No. of
Buses Active/Non-Active Bus Type
Engine
Model
Year
Engine Serial
Number
Engine
Model Engine Family Fuel Type
SR952 2005 3 NON-ACTIVE New Flyer 2010 R07470255 FORD 5ISEC6.8HB UNLEADED/HYBRID SR1224 2008 11 ACTIVE New Flyer 2010 R07721220 FORD 9ISEH06.8HB UNLEADED/HYBRID SR1224 2008 3 ACTIVE New Flyer N/A N/A N/A N/A ELECTRIC SR1363 2009 8 ACTIVE New Flyer 2010 R07443458 FORD 9ISEH06.8HB UNLEADED/HYBRID SR1362 2009 16 ACTIVE New Flyer 2010 R07454955 FORD 9ISEH06.8HB UNLEADED/HYBRID SR1490 2011 3 ACTIVE New Flyer 2010 73165084 ISLG 280 ACEZH0540LBD CNG SR1570 2011 4 ACTIVE New Flyer 2011 73321795 ISLG 280 BCEXH0540LBG CNG SR1683 2013 8 ACTIVE New Flyer 2013 73504250 ISLG 280 DCEXH0540LBG CNG SR2049 2016 7 ACTIVE New Flyer 2016 74015640 ISLG 280 GCEXH0540LBG CNG SR2241 2018 5 ACTIVE New Flyer 2018 74263223 ISLG 280 JCEXH0540LBM CNG SR2524 2020 1 ACTIVE New Flyer 2020 74708434 L9N LCEXHO540LBM CNG

8 Please complete Table 2 regarding expected future bus purchases, including the number of buses in total expected to be purchased or leased in the year of purchase.

Identify the number and percentage of zero-emission buses of the total bus purchases each year, as well as bus types and fuel types. Identify the same type of information for purchases of conventional buses. Bus types include standard, articulated, over-the-road, double decker and cutaway buses. For zero-emission technologies, please identify the fuel type as hydrogen or electricity and the type of charging technology (depot, wireless, and/ or on-route). For conventional technologies, identify the fuel type as diesel, compressed natural gas (CNG), liquefied natural gas (LNG), diesel hybrid (dHEB), gasoline hybrid (gHEB), propane, or gasoline. (13 CCR § 2023.1(d) (1) (D)) Figure 2 illustrates a purchase forecast for MBL to acquire ZEBs while maintaining reliable service. The chart further demonstrates a projected schedule for MBL to fully convert to a ZEB fleet through procurement planning for future years. This process enables MBL to become familiar with the new technology and avoid service disruptions. In addition, the chart reflects the 12-year life span of the current fleet and the 16 -year ZEB replacement plan beginning in 2023. Table 2 demonstrates MBL’s commitment to a 100% ZEB procurement planning process beginning in 2023. Years in which buses are not purchased are omitted from the table.

FIGURE 2: MBL’s Projected Annual FCEB Procurement
2 3 4
8 13
5 4
8 7
5 4 3
0 2
4 6
8 10
12 14
2023 2025 2027 2029 2030 2033 2034 2035 2036 2037 2039 2040

NUMBER OF BUSES PURCHASED
YEAR
Projected FCEB Procurements

9 TABLE 2: MBL’s Projected Annual ZEB Procurement Details Timeline
(Year)
Total
Number of
Buses to
Purchase
Number
of ZEB
Purchases
Percent of
Annual Bus
Purchases
ZEB Bus
Type(s)/ZEB Fuel
Type(s)
Number of
Conventional
Vehicles
2023 2 2 100% 40’ Standard FCEB /
Hydrogen 0
2025 3 3 100% 40’ Standard FCEB /
Hydrogen 0
2027 4 4 100% 40’ Standard FCEB /
Hydrogen 0
2029 8 8 100% 40’ Standard FCEB /
Hydrogen 0
2030 13 13 100% 40’ Standard FCEB /
Hydrogen 0
2033 5 5 100% 40’ Standard FCEB /
Hydrogen 0
2034 4 4 100% 40’ Standard FCEB /
Hydrogen 0
2035 8 8 100% 40’ Standard FCEB /
Hydrogen 0
2036 7 7 100% 40’ Standard FCEB /
Hydrogen 0
2037 5 5 100% 40’ Standard FCEB /
Hydrogen 0
2039 4 4 100% 40’ Standard FCEB /
Hydrogen 0
2040 3 3 100% 40’ Standard FCEB /
Hydrogen 0

10 Following the same bus purchase timeline as identified in Table 2, please identify in Table 3 the required operational range your future zero-emission buses should have to be able to serve in your fleet. Please provide the estimated cost of each bus with that required operational range.

Table 3 demonstrates consideration of the FCEBs achievable duty cycle and range based on the manufacturer’s specifications. One of MBL’s main reservations is the FCEBs ability to complete a full-service block without the need to refuel. An informal Line-by-Line analysis determined that the FCEB technology will generate adequate
energy to provide reliable service for longer routes.

Within the first four years of the ZEB deployment, MBL will deploy nine FCEBs on three of its longest and busiest routes. In 2023, MBL will purchase two FCEBs to be deployed on Route 10.

This route is approximately 13 miles in each direction with an average of six trips per day.

Acknowledging the FCEBs 350 miles long-range capability, the buses will be expected to provide sufficient service without the need to refuel. After analyzing the performance of the first two FCEBs, MBL intends to deploy an additional three buses on Route 40 in 2025. The purchase and deployment of FCEBs on Route 10 and 40 will be to meticulously assess performance, efficiency, and identify any challenges. This strategic approach will assist MBL’s scalability efforts during the transition process from conventional to zero-emission (ZE) transit buses.

Route 50 is MBL’s longest route, covering 25.6 miles from 5th St/Beaudry Blvd to Adelfa Dr/Santa Gertrudes Blvd. While Route 50 is one of the most demanding and rigorous routes within MBL’s system, MBL anticipates a 100% block achievability. Initially, MBL will deploy four new FCEBs on Route 50 and gradually increase the number of buses on route. Using the sam e methodology, MBL will purchase additional FCEBs to be deployed on the remaining routes : 20, 30, 60, 70, and 90.

Table 4 shows the average cost of ZEBs available for purchase using the Washington State Transit Bus Cooperative Master Contract. Although alternative pricing options are available on this Master Contract, the illustrated price is the current cost of a transit FCEB manufactured by New Flyer of America, Inc. Table 4 also depicts MBL’s historic configurable options costs and the state sales tax.

11 TABLE 3: Verifying Block Achievability Throughout Fleet Transition Timeline
(Year)
Number of
FCEBs
in Fleet
Total Number of
Active Buses in
Fleet
Proportion of
FCEBs in Fleet
Proportion of FCEB
Achievable
Blocks*
2023 2 66 3% 100%
2025 3 66 5% 100%
2027 4 66 6% 100%
2029 8 66 9% 100%
2030 13 66 14% 100%
2033 5 66 8% 100%
2034 4 66 15% 100%
2035 8 66 12% 100%
2036 7 66 11% 100%
2037 5 66 8% 100%
2039 4 66 6% 100%
2040 3 66 5% 100%
TABLE 4: Estimated Costs of Future ZEB Purchases
40’ BEB 40’ FCEB
Average Bus Base Price from Washington State Contract $805,000 $1,087,000 Estimated Cost of Configurable Option $88,000 $88,000
Tax 10.25% 10.25%
Estimated Total Cost * $984,533 $1,295,438
*Steady state pricing is assumed for modeling purposes. The general expectation is that but FCEB prices will fall, although there is not enough information to make a confident projection in future pricing.

Is your transit agency considering converting some of the conventional buses in service to zero-emission buses (13 CCR § 2023.1(d) (1) (E))?
No

12 SECTION E: Facilities and Infrastructure Modifications Please complete Table 5 with names, locations, and main functions of transit agency divisions or facilities that would be involved in deploying and maintaining zero-emission buses.

Please limit the facilities to bus yards and facilities with maintenance, fueling, and charging functions, and exclude other operational functions like training centers, information and trip planning offices, and administrative buildings. Please identify which facility(ies) require construction, infrastructure modifications, or upgrades to support your transit agency's long-term transition to zero-emission technologies and the estimated timeline for such an upgrade. Please also specify the type(s) of infrastructure planned in each division or facility and provide their service capacities (e.g., en-route high-power charging system to deploy 20 BEB in 2025). (13 CCR § 2023.1(d) (1) (C)).

In the initial 2-5 years of the ZEB deployment, MBL intends to lease a mobile FCEB fueling station
as a temporary short term solution. MBL considers the mobile fueling station to be a more efficient, cost-effective, and convenient option, while slowly transitioning to this innovative technology. During this period, MBL will conduct extensive research, infrastructure master planning, and design to accommodate a permanent fuel station as illustrated in Appendix A.

Hydrogen infrastructure costs include maintenance bay upgrades for H2 detection, ventilation systems, and the build-out of a hydrogen fueling station which includ es design, construction, and
equipment installation costs. Figure 3 identifies these costs and the related bus procurement costs associated with each project year.

Figure 3 illustrates the projected annual infrastructure cost from the commencement of the ZEB project through 2040. MBL estimates it will expend approximately $600,000 by the end of the initial 5-year period. This cost will include facility modifications, the mobile hydrogen fuel station, and training sessions for maintenance staff and first responders. The initial infrastructure builds also correspond to the annual bus procurement schedule
in Figure 2.