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during construction, renovation, or installation, including any time dur ing which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self ‐insurance maintained by the County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contra ct number and title. Alternatively the County will accept an insurance industry recognized Memorandum of Insurance
6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring.
Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4
th Avenue 320 West Lincoln Street ,
Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by an individual Project/Task Order)
6.3.1 If requested for an individual Order and c oncurrently with the submittal of the proposal associated with the Order , the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor
6.3.1.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Order in accordance with plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Order.
6.3.1.2 A Payment Bond equal to the full contract amount ($________or as specified) solely f or the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Order.
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6.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part o f his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizon a issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an aut horized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the sign ing official. In add ition, said company or companies shall be rated “Best -A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences , or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of for eign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor disp ute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non -performance shall have the burden of proving that reasonable steps were tak en to minimize delay or damages caused by foreseeable events, that all non -excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non -performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contr act. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require pr ompt correction of any services failing to meet the Contractor's warranty herein for one year following the performance of those services . Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to th e same extent as services originally furnished hereunder.
6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS . COUNTY’S SOLE AND
EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL
EXPRESSED, IMPLIED OR STATU TORY WARRANTIES, WHE THER IMPLIED
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BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract . County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If prior to completion of an Order any of the services required by that Order do not conform to Contract requirements, County may require th e Contractor to perf orm the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:
6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again as provided in Section 6.6.3 or to take the necess ary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor , through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requi rements contract. H owever, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Cont ractor awarded that item if the Contractor can meet all the delivery requirements of the County . Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to canc el Purchase Orders w ithin a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The Co unty will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellatio n of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
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6.8 BACKGROUND CHECK:
Contractors need t o be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the C ounty. This applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negl igence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
6.10 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediatel y comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop- work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
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6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cur e such failure with in 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R .S. § 38 -511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of t he Contract. Addit ionally, pursuant to A.R.S § 38- 511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.
6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements , required by any and all governmental or non -governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify bo th Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shal l possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Lice nsing, at (602) 542 -1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not as sign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the jo b project. The County hereby consents to Contractor’s subcontracting work to Authorized Service Providers under contract with Contractor.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing sec tion, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass -through the costs to the County, withou t mark -up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
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6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discr etion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of th is Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract wit hout additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009- 09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009 -09 supersedes Executive order 99- 4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate agains t any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009 -09 supersedes Exec utive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 ) which is hereby incorporated into this contract as if set forth in full herein. D uring the performance of this Contract, Contractor shall not discrimin ate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin
6.22 ISRAEL BOYCOTT:
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel.
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6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
have not within 3 -year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transact ion; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
are not presently indicted or otherwise criminall y or civilly charged by a government entity (Federal, State or local) with commission of a ny of the offenses enumerated in paragraph (2) of this certification; and
have not within a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to inclu de, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of h is or her knowledge and belief that the Contractor, it s current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any criminal offen se in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Feder al or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presen tly indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other
transaction; and have not within a three (3) year period preceding this Contract had any public t ransaction (Federal, State or local) terminated for cause or default.
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6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors ) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVI SED STATUTES §41 - 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying com pliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification form s (I -9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification f or the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All co sts necessary to verify compliance are the responsibility of the Contractor.
6.25 INFLUENCE
As prescribed in MC1 -1202 MC1-1203 of the Maricopa County P rocurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct o r any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by th e Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
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6.26 CONTRACTOR EMPLOYEE W HISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112– 239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor shall info rm its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C . § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause , including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.27.1 In accordance with section MCI 371 of the Mari copa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State aud itors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other recor ds and back -up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.27.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contrac tor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.28 AUDIT DISALLOWANCES:
If at any time , County determines tha t a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.
6.29 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any mon ey due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
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6.30 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retain ed by the Records Manager at the O ffice of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential informat ion. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contr act should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information sho uld not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.31 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than thos e paid by any other similar customer for these or similar services under similar terms.
6.32 INTEGRATION:
This Contract re presents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, unders tandings, representations, or agreements, whether oral or written, express or implied.
6.33 RELATIONSHIPS:
In the performa nce of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, princi pal and agent, or joint venture between the County and the Contractor.
6.33.1 In the performance of th e services described herein, the Contract or shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co - employee, partnership, principal and a gent, or joint venture between the County and the Contractor.
6.33.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on Count y projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.34 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona
6.35 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
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6.36 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.37 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.37.1 This Contract does not guarantee any mi nimum or maximum purchases will be made. Orders will only be placed under this Contract when the Cou nty identifies a need and proper authorization and documentation have been approved.
6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.38 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable p eriod of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse th e Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor fo r any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.39 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
For purchases of $50,000 or greater under this agreement, the applicable participating entity must disclose to THD when it is receiving any federal funds related to that requested purchase prior to THD agreeing to that purchase.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or c onfidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its a gents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contrac tor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) cale ndar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidenti al information shall be referred to the County for review and approval, prior to any dissemination.
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6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor:
Interline Brands Inc., DBA: Supply Works Home Depot U .S.A., Inc. DBA: The Home Depot Pro Institutional
701 San Marco Blvd. 18th Floor P.O. BOX 2317
Jacksonville, FL. 32207 Jacksonville, FL 32203
ATTN: Contract Administration
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EXHIBIT A
PRICING
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NIGP CODE: 45041
RESPONDENT'S NAME:
Home Depot U.S.A., Inc. DBA: The Home Depot Pro
Institutional
Interline Brands Inc. dba: SupplyWorks a Home Depot
Company
COUNTY VENDOR NUMBER : TBD
ADDRESS:
P.O. BOX 2317, Jacksonville, FL 32203
701 San Marco Blvd., Jacksonville, FL 32207
531 Central Park Ave., Scarsdale, NY 10583-1018
REMIT ADDRESS: P.O. Box 404284, Atlanta, GA 30384-4284 P.O. ADDRESS: interlinebrands.com
TELEPHONE NUMBER: 1.800.393.1131
FACSIMILE NUMBER: 856.317.9802
WEB SITE: www.supplyworks.com www.homedepotpro.com
CONTACT (REPRESENTATIVE): John Pettinelli
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected]
YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X
PAYMENT TERMS. [ X ] NET 30 DAYS
1.0 PRICING:
1.2 Wholesale Catalog Discount By Category Annual Issue Date of Catalog ** **Online catalog pricing is reviewed every March and September for updates (Insert Sub-categories as necessary)
MINIMUM Discount from
List
MINIMUM
1.1 Category 1 Appliances
Small Appliances 5 %
Dishwashers 6 %
Microwaves 5 %
Ranges, Ovens & Cooktops 5 %
Range Hoods 15 %
Washers & Dryers 15 %
Appliance Parts and Accessories 15 %
All Other 10 %
1.2 Category 2 Building Materials 5 %
1.3 Category 3 Hardware
Fasteners 8 %
Garage Door Openers & Accessories 11 %
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Mailboxes & Postal Accessories 15 %
Window Hardware 15 %
All Else 10 %
1.4 Category 4 HVAC %
Air Filters & Accessories 15 %
Air Treatment & Accessories 15 %
Ac Refrigeration 5 %
Central Equipment 5 %
Fans & Blowers 5 %
Hydronic Equipment & Parts 5 %
Room Air Equipment 5 %
Ducting & Venting 15 %
Hvac Tools 12 %
Ventilation & Exhaust 15 %
Venting 15 %
All Else 10 %
Category 5 Kitchen and Bath Cabinets %
Cabinet Accessories 15 %
Bathroom Vanities & Cabinets 15 %
Kitchen Cabinets 15 %
Kitchen Countertops 15 %
All Else 10 %
1.6 Category 6 Janitorial
Chemicals and Soap 15 %
Paper 15 %
Personal Care 15 %
Cleaning Tools & Supplies 15 %
Wipers and Absorbents 10 %
Can Liners 15 %
Equipment Corded 15 %
Equipment Battery 10 %
All Else 10 %
1.7 Category 7 Landscaping Equipment and Supplies
Automotive 5 %
Outdoor Furniture & Accessories 5 %
Outdoor Power Equipment 5 %
Grills & Outdoor Cooking 11 %
Lawn & Garden 15 %
Snow & Ice Removal 15 %
All Else 10 %
1.8 Category 8 Motors/Pumps 5 %
1.9 Category 9 Paints/Coatings 10 %
1.10 Category 10 Plumbing
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Bathtubs & Showers 5 %
Garbage Disposals & Accessories 12 %
Water Heaters & Accessories 5 %
Water Treatment & Filtration 5 %
Bath Safety & Accessibility 15 %
Bathroom Accessories 15 %
Bathroom Partitions & Accessories 15 %
Bathtub & Shower Repair Parts 15 %
Drains, Cleanouts & Accessories 15 %
Faucet Repair Parts 12 %
Faucets 15 %
Plumbing Valves 5 %
Sink Installation & Repair Parts 15 %
Sinks 15 %
Supply Lines & Connectors 15 %
Supply Stops & Valves 15 %
Toilet, Urinals & Parts 15 %
Tubular Drains & Fittings 15 %
All Else 10 %
1.11 Category 11 Pool Supplies 10 %
1.12 Category 12 Tools, Hand-Held General Purpose
Air Compressors 15 %
Air Tools 15 %
Welding & Soldering 5 %
Flashlights & Accessories 12 %
Hand Tools 15 %
Ladders & Scaffolding 15 %
Plumbing Tools 5 %
Tool Storage 15 %
All Else 10 %
1.13 Category 13 Tools, Power Type
Corded Power Tools 13 %
Cordless Power Tools 15 %
Power Tool Accessories 15 %
All else 10 %
1.14 Category 14 Flooring and Window Coverings
Ceiling 15 %
Blinds & Window Treatments 15 %
All Else 10 %
1.15 Category 15 Hospitality 10 %
1.16 Category 16 Water/Wastewater Treatment 5 %
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1.17 Category 17 Miscellaneous
Exterior Doors & Windows 10 %
Interior Doors & Windows 15 %
Doors & Windows All Else 10 %
Adhesives, Glues & Cements 15 %
Patching and Repair 15 %
Adhesives, Sealants & Patching All Else 15 %
Electrical Batteries 15 %
Electrical Doorbells & Intercoms 15 %
Electrical Boxes, Covers & Accessories 15 %
Electrical Wires & Cables 15 %
Extension Cords & Surge Protectors 15 %
Electrical Receptacles 15 %
Electrical Surface Trims 15 %
Electrical Switches & Controls 15 %
Electrical Timers 15 %
Electrical Wall Plates & Accessories 15 %
Electrical All Else 10 %
All Food Service 10 %
Flooring 10 %
Ceiling 15 %
Gas Ball Valves & Shut-Offs 5 %
Gas Pipe, Tubing & Fittings 5 %
Flexible Gas Connectors 14 %
Gas Test Equipment and Guages 15 %
Gas Products All Else 10 %
Lighting Ballasts 15 %
Lighting Parts & Accessories 15 %
Outdoor Lighting 15 %
Lighting Lamps & Bulbs 12 %
Lighting All Else 10 %
Office Supplies 10 %
Safety Signs, Flags & Tapes 15 %
Safety Products All Else 10 %
Security 10 %
Shipping, Moving & Storage 10 %
1.18 Category 18 In Store Services
Custom fabrication of doors 0 %
Custom fabrication of cabinets 0 %
Custom fabrication windows 0 %
Custom fabrication other 0 %
Design & installation restroom 0 %
Design & installation matting 0 %
Design & installation flooring 0 %
Design & installation window treatments 0 %
Equipment repair 0 %
Equipment rental 0 %
Equipment leasing 0 %
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1.2 Do you offer a Rebate in lieu of a discount N (Y/N)
1.3 COST PLUS SALES
ANY PRODUCT THAT IS SOLD AS COST PLUS A MARKUP CANNOT
EXCEED A MARKUP OF FIVE (5) PERCENT.
PROPOSED
MARKUP
5%
ALL COST PLUS ORDERS SHALL BE APPROVED BY THE USING AGENCY.
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EXHIBIT B
SCOPE OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and e quipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entities under agreement with the County may have access to services provided hereunder.
The County reserves the right to award in whole or in part, b y item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the ri ght to add additional contractors, at th e County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill- set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead P ublic Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and othe r government agencies and nonpr ofit orga nizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Ag reement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industr ial Supplies in a Retail and Wh olesale e nvironment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR, and OPERATING SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Services (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and suppli es, motor s, pumps, paints and coatings, plumbing, pool chemical s and supplies, hand- held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services availab le through the Supplier such as, but not limited to, i nstallation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renov ation Services) – A complete range of related products , excludi ng janitorial supplies, and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, a nd remodeling in the residentia l, commercial and industrial environments relating to any of th e following (non -inclusive):
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roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and doors, in terior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic re pairs, gearbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPA IR, OPERA TING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Wholesale and/or Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinet s, janito rial supplies, landscaping equipment and supplies, mot ors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services avail able through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUC TS AND SE RVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier, excluding janitorial supplies.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 As part of your Proposal response, detail your firm’s program in offering services including:
2.2.6.2 Providing and managing qualified contractors
2.2.6.3 Budget management in keeping projects on budget
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2.2.6.4 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
2.2.7 Service Providers (Labor):
2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
1.3.3.1. National Employee Database
1.3.3.2. SSN Verification
1.3.3.3. National Criminal Database Check
1.3.3.4. Two County Search
1.3.3.5. Sex Offender Search
1.3.3.6. Annual Review (National Criminal Database)
1.3.3.7. Two (2) Year Complete Re-Screen and Renewal
1.3.3.8. Financial Background
2.2.7.5 All Service Provider emp loyees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Solicitation is to establish a nationwide purc hasing agreement for the acquis ition of the following products. The category descriptive exam ples below are not to be considered restrictive, but rather, provide a general, non -inclusive, description of the category. These are standard use in the residential, commercial, and industria l environ ments. Your firm may not have the ability to provide all categories.
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete prod uct line so that Participating Public Agencies may order a wide array of product as appropriat e for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters , microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timber), millwork, ro ofing, siding, plywood, paneling, hardwood, trim, molding, fenc ing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
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2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), threaded rod/ste el shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary supplies, tools, and components.
2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancill ary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, ins ect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.7 CATEGORY 7: MOTORS/PUMPS
Fractional and full horse, st arters, pulleys, belts, fans, motor controls, and all ancillary supplies, tools, and components.
2.3.8 CATEGORY 8: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paint s, pressure washers, sand blast ers, fini shes, abrasives, epoxy, cleaners, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, showe r doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: POOL SUPPLIES
Pool chemicals, tools, timers, p ump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.12 CATEGORY 12: TOOLS, POWER TYPE
Electric or gas operated, mobile or stat ionary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.13 CATEGORY 13: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, car pet and cove base; b linds, shades, screens, window glass, mirrors, parts, and all ancillary su pplies, tools, and components.
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2.3.14 CATEGORY 14: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, gu est room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.15 CATEGORY 15: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders , chemical feed, collection systems, flow metering, gauges, gro unds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sa mpling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.16 CATEGORY 16: MISCELLANEOUS
Including, but not limited to: s helving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (pu rchased), packaging supplies, c ommunication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.17 CATEGORY 17: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special orders, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractors complete product line (Wholesale or Retail ) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
Internet
Will Call (Phone or FAX order)
Point-of-Sale (POS)
2.5 PRODUCT PRICING:
2.5.1 Wholesale:
Pricing shall be a fixed percentage (%) off catalog p ricing by Product Category (Section
2.3 above) and a rebate on gross sales (see Exhibit A ). Catalog price updates will be twice per year.
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, the capability exists to access an on -line catalog reflecting contract pricing of all products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Publi c Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided.
2.7.2 All quotations shall be for a “not to exceed” amount.
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2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most cur rent R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.8 SUPPLIER MANAGED INVENTORY (CONSIGNMENT):
Supplyworks offers a variety of inventory management solutions throug h the StockWise™ Program. These programs can be customized and tailored to fit the specific ne eds or goals of an agency. In most cases, there is no cost associated with these programs. However, each program is unique and prices will depend on the investment required to implement the pro gram. Below is an overview of the various solutions available:
Shop Management Program (SMP) - The SMP solution focuses on organization of the inventory and can be facilitated through a customized racking order to full scale, project -based layout and inst allation. The SMP solution includes racking, bins, bin labels a nd custom catalog.
Racking and bin options are determined by customer and could include color coding by product category. Management of the inventory in a SMP can be done in a variety of ways to include:
-Customer Managed- After Supplyworks sets up the shop, the customer manages their inventory utilizing a variety of tools ranging from manual to the Supplyworks Mobile App or Supplyware.
-Supplyworks Managed- The sales representative assists in the inventory process. The customer and sales rep agree upon frequency and responsibilities.
-Supplyware- Customer manages inventory through the Supplyware software program.
Vendor Managed Inventory (VMI) – The VMI is a St ockWise™ Solution that provides an onsite employee dedicated to a customer’s inventory needs. Spend requirements and/or service fees may be required for the VMI. This is available to customers with an annual spend of $500,000 or more annually.
Consignment/Pre-positioned Inventory (PPI ) – Consignment provides product in a customer’s inventory, which is not invoiced until the time of use. Consignment is an option within both the Shop Management and Vendor Managed Inventory programs. Consignment can also be offered outside of these programs for “bigger ticket”, frequently-purchased items.
Supplyware – Supplyware is a software program which allows the customer to control inventory in real time and automate ordering, cycle counts, and replenishments. Supplyware utilizes barcode scanning technology at time of use. Supplyware can accompany theStockWise™ program or act as a stand-alone software solution.
2.9 SALES REPORTING:
Describe your firm’s ability to provide detailed management reporting by Participating Public Agency. Identify the level( s) (Agenc y, Division, Department, Individual) of reporting deta il available in the following categories:
2.9.1 Sales Dollars
2.9.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.9.3 Procurement card (MasterCard or Visa brand)
2.10 BRAND NAMES:
The County reserves the right to request samples to det ermine quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to define the desired quality and are not i ntended to be restrictive or to limit co mpetition. Materials substantially equivalent to those designated shall qualify for consideration.
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2.11 DELIVERY, FREIGHT REQUIREMENTS:
2.11.1 All domestic ground shipments shall be FOB Destination, Freight Prepaid and Includ ed.
Any handling fees shall also be included in the pricing.
2.11.2 Should a Participating Public A gency determine that rush shipping or other alternate shipping is required, it shall notify the Contractor. The Contractor shall determine any additional costs a ssociated with such delivery te rms and c ommunicate that cost to the Participating Public Agency.
2.11.3 The Proposer shall retain control for carrier selection and payment of freight charges of all goods until received by the requesting Participating Public Agency and the contract coverage co mpleted. The Proposer shall also file all claims for visible o r concealed damage. The Participating Public Agency will notify the Proposer of any damaged goods and shall assist the Proposer in arranging for inspection of the goods.
2.11.4 Any requests for loca l delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.11.5 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.11.6 A packing list or other suitable ship ping document shall accompany e ach shipment and shall include the following:
2.11.6.1 Contract Serial number
2.11.6.2 Contractor’s name and address
2.11.6.3 Participating Public Agency’s name and address
2.11.6.4 Participating Public Agency’s purchase order number
2.11.6.5 A description of product(s ) shipped, including item numbe r(s), qua ntity (ies), number of containers and package number(s), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, s ervice manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a comp lete operating condition.
3.4 ACCEPTANCE: (If required):
Upon del ivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Solution. In the event that Contractor personnel’s employment status changes, Contractor shal l provide County a list of proposed cand idates with equivalent experience with the Solution. C ounty reserves the right to assist in the
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selection of the replacement candidate. Under no circumstances is it acceptable for the implementation schedule to be im pacted by a personnel change on the part of the Contractor.
3.5.2 Contractor shall not reassign any provided personnel without the express consent of the County.
3.5.3 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
3.5.4 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 TRAINING:
The Contractor shall provide a minimum of TBD (hours or days) to completely train County personnel in the use and care of the equipment. All training is to take place on -site at Maricopa County.
3.7 WARRANTY:
3.7.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
3.7.2 The warranty pe riod for workmanship and materials shall be for an initial period of twelve (12) months and commence upon acceptance by County.
3.7.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply.
3.7.2.2 The Contractor agrees that he will, at his own ex pense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon re quest delineating the acquisition activity governed by the Contr act. The format of the report shall be approved by th e County and shall disclose the quantity and dollar value of each contract item by individual unit.
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EXHIBIT C
MARICOPA COUNTY FACILITIES MANAGEMENT REQUIREMENTS
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excl uding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, and 365 days per year.
1.6 Contractor shall provide 24 hours per day, 7 days per week, and 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTE R HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within four (4) hours of receipt of a service request.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall res pond on- site within two (2) hours of receipt of a serv ice request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arrives onsite an d is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00) . The Contractor is not author ized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
SERIAL 16154-RFP
4.3 The Contractor agrees to utilize only experienced, responsible and capable p eople in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.5 No one except authorized employees of the Contractor is allowed on the premises of M aricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to al l regulat ions, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the w ork or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty -four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
5.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.
6.0 SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvage rights automatically app ly for all work if in the best interest to the County. Salvageable materials without pre- approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County.
If contractor is given salvage rights, salvageable mat erials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
7.0 INVOICES AND PAYMENTS:
Invoices are required to co ntain the following information and should be e -mailed to FMD- [email protected]. If invoices cannot be e- mailed, U.S. Mail is
SERIAL 16154-RFP
acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information
7.3 Building Name and Building Number
7.4 Contract Serial Number or
7.5 County purchase order number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms:
For Time & Material work, Contractor(s) must pro vide, all equipment, expendable shop supplies (rags, cleaners, solvents, gas ses, etc. ), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Only if applicable, contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25. 00 per work order to cover thes e type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
SERIAL 16154-RFP
EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management Requirements
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on- site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties.
2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report on- site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $ 50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order) , are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
SERIAL 16154-RFP
4.0 DEAD END CHARGE:
If the C ontractor is unable to locate a County representative familiar with the work or is u nable to gain access to the work site, the Contractor shall call the County Boiler Room (602- 506-3310). The Boiler Room technician will give C ontractors further instruction at this tim e. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, t ools, and equipment sufficient in number, condition and capacity to eff iciently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not li mited to: loose dirt, dislocated gravel; removed vegetation; footprin ts; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor failed to clean up afte r work has been performed, the County will notify the Contra ctor of the discrepancy and the Contractor will have twenty -four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County reserves the rig ht to mak e other arrangements to have the area cleaned and the cost o f such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Mari copa County property, or any adjacent property due to any se rvices performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage cause d by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html
.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The Contractor agrees to utilize only experienced, responsible, and capable p eople in the performance of the work.
5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles , or consistent with the Contractor ’s business practice s. The le tters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’ s business practices.
5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following:
• Shirt/blouse
SERIAL 16154-RFP
• Vest
• Cap
5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Co ntractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants , or any other person unless said person is an authorized employee of the Contractor.
5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found n ot to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or co des, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County unti l such non- compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn -in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case -by-case basis. Should an empl oyee leav e the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty -four (24) hours if any keys, badges, or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with t hese requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re -keying the ENTIRE building at the expense of the Contractor.
7.0 CANCELLATION COST:
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost.
8.0 SALVAGE:
Salvage and trade -in rights shall be eva luated on a project-by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On -site storage of Contractor’s salvaged materials is not permitted.
SERIAL 16154-RFP
9.0 DELIVERY:
9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7 th) calendar day after order is received.
9.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
9.3 Maricopa County reserves the right to obtain material on the open m arket in the event vendors fail to make delivery and charge any price differential to the vendor.
9.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County.
10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
10.3 Home Depot Account invoices should contain access to the following information:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied
SERIAL 16154-RFP
• Payment Terms as stated in the agreement
10.4 Questions regarding billing or invoicing shall be directed to the email address below.
10.5 Invoices shall be e-mailed to: [email protected]
10.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Tra nsfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors).
10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
SERIAL 16154-RFP
HOME DEPOT U.S.A., INC. DBA: THE HOME DEPOT PRO INSTITUTIONAL, P.O. BOX 2317 JACKSONVILLE, FL 32203
INTERLINE BRANDS INC. DBA: SUPPLY WORKS, 701 SAN MARCO BLVD. 18TH FLOOR, JACKSONVILLE, FL 32207
PRICING SHEET: NIGP CODE 45041
Terms: NET 30
Vendor Number: VC0000002248 VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026.
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE ISSUING AN EXTERIOR BUS GRAPHICS DECAL
REPLACEMENT AND REPAINTING SERVICES REQUEST FOR
PROPOSAL, NO. 23-11
DATE: June 14, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve issuing an Exterior Bus Graphics Decal Replacement and Repainting Services Request for Proposal, No. 23-11 (RFP No. 23-11); and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact to issuing RFP No. 23-11 for Exterior Bus Graphics Decal Replacement and Repainting Services (see Attachment A). Once a contractor is selected for award, the City Council will be asked to consider approving a Professional Services Agreement and amend the City of Montebello Department of Transportation’s (Transportation) Fiscal Year 2023-24 adopted budget. Funding for this project will be allocated primarily from Transportation’s FY 2023-24 adopted operating budget: Transit Operating Budget – Outside Contracts.
BACKGROUND/DISCUSSION:
The City of Montebello operates Montebello Bus Lines (MBL) to provide public transportation services to the City and neighboring communities. The City is soliciting competitive proposals from fully qualified and experienced contractors, licensed in the State of California, to remove and install new decals/logos, bus numbers, and California numbers, for 50 active Hybrid and CNG New Flyer low-floor buses.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
In February 2022, the City awarded an agreement to 789, Inc., for graphic design consulting services to update and refresh the City of Montebello and department branding and to develop a City-wide updated graphic standards manual. The intent of this project was to modernize the City’s brand identity, including everything from transit buses’ graphic decals, street signs, wayfinding, City banners, street monuments, letterhead, business cards, and the City logo.
Since that time, the City has purchased 16 new CNG New Flyer buses and installed a new contemporary eye-catching design. The new design has a bold and updated look which signals progress, standing and momentum for a 21 st century environment. The City seeks a contractor to provide a turnkey solution for the remaining 50 buses in MBL’s fleet. RFP No. 23-11 was developed setting clear expectations and a detailed scope of work to ensure that the selected contractor will effectively and efficiently install new bus decals/logos most advantageous to the City. As a vital public transportation system within the Greater Los Angeles Metropolitan Area, MBL must continue to ensure consistency of fleet appearance while improving the overall perception of the agency.
Once approved, the notice inviting proposals will be published using Planetbids.com, Masstransitmag.com, Transittalent.com, and the Wave Newspaper, beginning June 15, 2023. All bids will be submitted through the Planetbids.com platform. The due date for all proposals will be August 10, 2023. It is anticipated that a vendor will be selected in May with the award of a professional services agreement presented to the City Council for consideration shortly thereafter.
ENVIRONMENTAL:
N/A
ANALYSIS:
Staff requests approval to issue RFP No. 23-11, to identify a contractor that will remove MBL’s existing bus decals and logos, primer and repaint, and install the new exterior bus graphics decal for the agency. The contractor will provide the requested services outlined in RFP No. 23-11, over a one-year (1-year) period.
A selection process will be used to evaluate proposals based on various qualitative components, and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, Equipment and Facility, qualifications and experience, and technical approach.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
The award selection will be based on a combination of qualitative and price factors to determine the proposal deemed most advantageous to the City.
SUMMARY:
Staff recommends that the City Council approve issuing RFP No. 23-11, attached hereto in substantial form, to remove, repaint, and install new bus decals/logos on MBL’s fleet; and direct staff to take such additional related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – Request For Proposal (RFP) No. 23-11
NEXT STEPS:
N/A
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-11
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND
REPAINTING SERVICES
June 15, 2023
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
ATTACHMENT A
RFP No. 23-11
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 3
COVER LETTER 4
TIMETABLE & SCHEDULE OF EVENTS 5
PROPOSAL SUBMISSION CHECKLIST 6
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS
9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-19
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-23
SECTION 5 - QUALIFICATIONS 24
RFP No. 23-11
3 Montebello Bus Lines
SECTION 6 - FORM OF CONTRACT (SAMPLE) 25-35
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 36
EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
RFP No. 23-11
4 Montebello Bus Lines
Introduction/ Background
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting competitive proposals from fully qualified and experienced c ontractors, licensed in the State of California, to remove and install new decals/logos, bus numbers, and C alifonia numbers, for 50 active Hybrid and CNG New Flyer low -floors buses included in this project.
The City operates MBL to provide reliable and efficient pu blic transportation services to the residents of Montebello and neighboring communities. As the third -largest municipal bus system in Los Angeles County, MBL proudly serves 4.5 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
The City’s intent of this Request for Proposal (RFP) is to obtain services to remove MBL’s previous logo design and prepare the buses to have new paint and decals/logos applied from roof to bottom/all exterior current painted body panels, to ensure consistency of fleet appearance. The City reserves the right to increase or decrease the quantity listed and to delete any item from the contract.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
RFP No. 23-11
5 Montebello Bus Lines
DATE: June 15th, 2023
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-11
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES The City of Montebello (City) , Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced contractors, licensed in the State of California, to remove and install new decals/logos, bus numbers, and CA numbers, for 50 active Hybrid and CNG New Flyer low -floors buses included in this project.
The term of the propose d agreement shall be for a one year term commencing upon the date of the contract execution between the City and the successful Contractor.
A Pre-Proposal Meeting will be held on Tuesday, July 11, 2023. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.
It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Rohan Anderson
Title: Senior Management Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City ’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in - person will not receive a response.
Proposals must be received by Thursday, August 10, 2023, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer
RFP No. 23-11
6 Montebello Bus Lines
affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.
The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Adrianna Kendricks
Title: Director of Transportation
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov
TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 15th, 2023
Pre-Proposal Meeting Tuesday July 11th, 2023
Deadline to Submit Questions Thursday July 20th, 2023, at 3:00 PM PST Responses to Questions Provided Thursday July 27th, 2023 Deadline to Submit Proposals Thursday August 10th, 2023, at 3:00 PM PST Presentations & Intent to Award Week of August 21st, 2022
RFP No. 23-11
7 Montebello Bus Lines
PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 37
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
RFP No. 23-11
8 Montebello Bus Lines
SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, August 10, 2022.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.
Proposals shall be typed, single -spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional ma terial. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.
All requests for exceptions or deviations as a result of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alt ernate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined a nd become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods and services neces sary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim agai nst the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from t he requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.
CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said adden dum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.
All questions, clarifications or comments must be submit ted to or no later than 3:00 pm, Thursday, July 20th, 2022. No questions will be answered individually by the City or Transportation Departments.
Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.
Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.
Every attempt will be made to provide responses to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
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DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Proposing Company shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies fo und in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference informa tion requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Proposer’s implementation and performance.
PROPOSAL SIGNATURES
If an individual makes the proposal it shall be signed and the full name and address of the Proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a me mber of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the proposal in response to this request.
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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.
3. Accept all or any part of a proposal.
4. Cancel the entire RFP;
5. Issue subsequent RFPs; and/or
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Vendors are hereby put on notice that each proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Quote shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The Cit y shall not in any way be liable or responsible for the disclosure if required to do by law.
JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime -sub Contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered col lusive and may be rejected as non-responsive.
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COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all ti mes. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of contract. All sub-Contractors of successful Proposer shall abide by all the requirements set forth in this section.
SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, includin g all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.
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TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related p rofessional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of invoice.
Payment Schedule: Monthly
Provide (1) One invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.
Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Contractor written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to effect such termination, determined in accordance with Part 1 -8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Contractor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the Contractor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The Contractor shall be liable for any and all costs incurred by MBL as a result of such default.
SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services
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of the type prescribed. Any items omitted fr om such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City C ouncil or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the Proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitt ed should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if a ny, may be made by the City within ninety (90) calendar days after the opening of the proposals.
Point of Contact
This RFP is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during th e RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualif ication. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
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City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical appr oach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed t o review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Technical proposals will be reviewed and scored first without consideration for price. The committee will then open the cost and price proposals and evaluate and score them accordingly. During the technical evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the technical and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal.
A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
If the committee determined it to be necessary, it may then conduct interviews a nd negotiations with short-listed Proposers. As no other interview dates are available. Proposers who are unable to attend their interview as scheduled may be eliminated from further participation. The interview may consist of a short presentation by the Proposer after which MBL may ask questions and/or request clarification related to any element of a proposal and its qualifications. MBL may also enter negotiations with the Proposer.
At the conclusion of interviews and negotiations, the evaluation committee may choose to proceed using one of the following processes:
The committee may find it necessary to re -score the proposals in light of information gained during the interviews and negotiations process. The proposals will be scored in the same manner as th e original proposals.
The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for submission of the revised proposals. If a Proposer is unable to meet the deadline
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or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.
Proposers remaining within the competitive range may be asked to submit a Best and Final Offer (BAFO).
In the BAFO request, the Proposers may be asked to provide additional information, confirm or clarify issues and submit a final cost/price offer. A deadline for submission will be stipulated. The BAFO’s will be scored in the same manner as the original proposals.
After the BAFO’s are evaluated and scored, the evaluation committee may recommend a proposal with the highest final ranking or a short list of top ranked proposals within the competitive range whose offers(s) are the most advantageous to MBL.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria · Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that proposer can meet the insurance requirements in the RFP should be attached to proposal. (P/F)
· Proposer has demonstrated at least five (5) years of related services experience. (P/F) · Proposer has demonstrated previous experience working for or with public agencies, transit entities, or corporations on security project. (P/F)
If the Proposer does not meet any of the criteria mentioned above, their proposal may not be considered for evaluation:
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The Proposer’s qualitative proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work.
10 points
2 Equipment/ Facility
Contractor must demonstrate that they possess all required equipment, personnel and the facility required to perform this contract. MBL reserves the right to inspect location of work to be performed, which must be in compliance with all current applicable laws to perform work identified in this project.
20 points
3 Qualifications and Experience
Demonstrate experience completing decals & design service projects of the same or similar magnitude. Presentation of a catalog of decal removal and installation experience and expertise most advantageous to the City.
15 points
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4 Technical Approach
Contractor will submit with their proposal a written plan of action, consisting of a schedule, listing the first bus/pilot bus and include the remaining 49 buses to be prepared, painted and logos/decals applied. Schedule shall include number of day’s per-vehicle and when it will be ready for inspection at contractor’s facility, prior to delivery to MBL property. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
All other Price proposals will be scored as follows:
Proposer Price Score = Best Price proposal x 25 (Total Points Available for Price Evaluation).
SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Contractor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $250 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 5% of the bid price.
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In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully rec ompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
Performance Guarantee
A Performance Guarantee in the amount of 100% of the Agreement first year value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.
The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protec tion when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.
If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
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5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the Ci ty and the Contractor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.
SECTION 4 – SCOPE OF WORK
PROJECT DESCRIPTION
The Request for Proposal, No. 23 -11, seeks a Contractor to furnish all labor, tools, materials, and equipment needed to complete 50 transit buses that require decal removal and complete exterior preparation, primer, paint, and supply and install the approved design of the City’s logos/decals for this project. The Contractor must have a minimum of five (5) years of recent experience performing similar work/services. The work will be performed at the Contractor’s body shop unless otherwise agreed to in writing by the City. Compensation will be based on the price sheet proposed in the Contractor’s bid form (see Exhibit D).
TECHNICAL SPECIFICATIONS
EXTERIOR REPAINT & NEW DECALS/LOGOS PROJECT
The Contractor must meet specifications referenced in this RF P. It is the Contractor’s responsibility to ensure the proposed methodology to remove current logos and decals, and bus preparation for new primer and paint meets or exceeds the specifications for application of new City decals/logos and numbers. The Contractor may visit MBL to review buses and current MBL logos and decals to fully understand the scope of work and application of the City’s new logo/decal design.
SCOPE
The City’s bus repaint and installation of new decals/logos must be in compliance with commercial painting industry standard. The painting applied to vehicles must be dry and suitable to accept the new decals/logos printed on 3M product. MBL new logos/decals are all designed by 789, Inc., and will require skilled applicators to install on the transit buses. Buses are similar in design with minor curves at the front of each bus and vents in the rear. It shall be the Contractor’s responsibility to ensure that the decal installation match the current design as they have been applied at the front and rear of the City’s buses.
Contractor shall receive one-(1) bus as a pilot bus that will receive all aspects of the work identified in this Scope of Work. The pilot bus and remaining fleet will be inspected b y MBL Project Manager at the Contractor’s facility. Upon acceptance of the Pilot bus, MBL will reserve four buses, and one of the four will always be in the inspection and approval phase. While the third bus is being accepted, the Contractor will be given the fourth bus.
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Final acceptance of vehicle will happen upon Contractor delivering completed vehicle to MBL. MBL Project Manager must sign off that the vehicle conforms to all approved work and vehicle has arrived and ready for service.
EXTERIOR PREP AND PAINT
The project will consist of 50 Hybrid and CNG Low-floor buses:
The Contractor is responsible to prepare each bus to accept the primer and paint as required by the manufacture of the primer and paint product, and to ensure the City is protected under t he warranty of the paint manufacture. The application of the new primer and paint will require the removal of current decals and pressure washing/cleaning of bus exterior. Areas to be primed and painted consist of current painted sections that include roof/caps, sides, and front and back as well as sections below the windows of the vehicles identified. The paint color must match the current paint applied to the buses and must meet the following standards:
INITIAL INSPECTION OF VEHICLE
The vehicle must be inspected, and digital pictures taken of each vehicle included in this contract prior to any work being performed and saved to a digital file for review by MBL and Contractor. Digital pictures must be made available to MBL upon request regarding contract or workmanship and or damage prior to doing any work on the City bus.
ASSESMENT OF WORK
The removal of decals will reveal the condition of the paint below, and Contractor must determine if the paint can be buffed on the City’s buses and remove all appearance of old decals. MBL will consider painting from the windows down on the buses based on assessment after the decals have been removed. The application of the decals, once the body of the bus has been cleaned and washed must cover all fa ding paint from the windows up to the rain gutter, and there for from the rain gutter up, the bus may be able to be buffed and or may need a new application of paint. This will be determined during the assessment of the bus.
EXTERIOR DAMAGE
The exterior of the vehicle is to be inspected for damage; pictures taken to confirm damage was present at time of assessment. All major bodywork will be noted and submitted to the MBL designated project manager for approval as extra work. Damage is to be repaired using materials and workmanship conforming to the best practices known in the transit industry. Functionally damaged, cracked or corroded panels are to be replaced with new parts. Scratched, dented, faded panels or minor cracks of less than a nickel thickness, shall be considered normal wear, and included in the cost of the rehab. Major body work shall be considered broken or severely cracked panels. The completed results of repairs/paint work must give the vehicle exterior the appearance of a new vehicle.
FRONT AND REAR BUMPERS
Bumpers are to be removed from the vehicle, rubber modules are to be cleaned appropriately removing all oils or debris and painted black, using only approved rubber/primer paint to prevent chipping or peeling and reinstalled with new hardw are. The Contractor is to quote City of Montebello Bus Lines all rubber
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bumper modules that are found to be torn or otherwise defective and un-repairable. Contractor (s) must use MBL’s vendors for purchasing parts if price is lower than contractors provided estimate.
FENDERS AND SKIRT PANELS
Rubber fender flares are to be cleaned, painted and reinstalled. Excessively warped or broken flares are to be replaced. If fender flare replacement becomes necessary they are to be replaced as sets of four.
Hinges prop rod, and latches on battery compartment door and skirt panels are to be replaced as needed.
Parts and Supplies
Defective body panels, or other parts such as hinges, prop rods, bumpers, bicycle racks must be estimated and approved for replacement by MBL pr oject manager. MBL will provide for replacement excessively faded taillights, and or headlights.
Contractor will be given the opportunity to provide the parts, if the Contractor can provide a better price for like parts, and/or provide the part faster than MBL can obtain, if needed to complete the vehicle within the established time constraints.
EXTERIOR SIDES, FRONT, REAR AND ROOF
After the assessment is done and sections of the bus have been identified to be painted of the exterior.
The exterior shall be pressure washed, prepared and primed and painted to provide a new appearance to the vehicle and must include the following process:
a. Filler strips on rub rails are to be replaced.
b. Exterior mirrors shall be replaced, with the exact same B&R mirrors with turn signal built into mirror, and include new arm, spacer and plug at the spacer, in addition to a new heavy duty mirror switch.
c. Prep work to include but not limited to removing all exterior lights, fender flares, etc. d. All decals are to be removed and the body properly cleaned and or sanded and prepped before paint. Minor dings and scratches will be included in the base bid price. e. All major bodywork will be noted and submitted to the project manager for approval as extra work. All bodywork is to be done to current ISO9000 industry standards. Once the bus is properly prepared, the City’s bus must be painted in Northstar base coat clear coat system (see the following Paint Procedure and Specification).
f. The Contractor will be r esponsible for installing all decals including vehicle roof, side front and interior and CA numbers. Decals installed improperly, for example: misalignment, bubbles, excessive overlapping must be replaced at Contractor’s expense.
Note: At no time is the Contractor to paint around lights, glazing/rubber, window frames, latches etc.
Taping around any accessory, part window molding or decal is unacceptable. Contractor will be required to adhere to this, and if caught painting around any identified items must be repainted at the Contractor’s Expense.
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PAINT PROCEDURE AND SPECIFICATION
The following Paint Procedure must be followed:
a. Surface Preparation - All surfaces must be thoroughly power washed and degreased prior to primer and paint application and dry to meet 3M decal application. All bodywork and repairs must be cleaned, sanded, and allowed to fully cure. Use Northstar S10 Cleanwipe as a final wipe. b. Primer Preparation- All surfaces must be dried with compressed air. Compressed air must have a relative humidity of 30% or less. Bus shall be primed within 24 hours of surface preparation. c. Primer- Surface to be primed with Northstar Coatings, division of Lusid Technologies, Inc., EP210- series Epoxy Primer. The EP210 will be applied in two coats to a dry film thickness (DFT) of 2.0 –
2.5 mils.
d. Body White – Allow Northstar Epoxy Primer to cure for a minimum of 90 minutes at 77 degrees e. Northstar Epoxy Primer must be top coated before 48 hours. If Northstar Epoxy Primer is allowed to cure in excess of 48 hours, primed surface must be scuff sanded prior to topcoat or basecoat application. Apply Northstar 990 -WB9791 Z-1 Oxford Bright White Basecoat to body and roof surfaces. (See Bus layout)
f. Clear Coat- Apply Northstar MS210 Clear to areas painted Northsta r Z-1 Oxford Bright White in should be applied in two (2) coats to a DFT of 2.0-2.5 mils. Allow MS210 to cure for 24 hours at 77 degrees F prior to decal application.
g. Tape Removal- All tape must be removed carefully and quickly from fully Basecoated Bus. Inspect all areas for any dirt, dust or other contamination prior to application of Clear.
VOC Rules- All products and application requirements must be in compliant with SCAQMD Rules 1151, 1107, and 1171.
DECALS/LOGOS REQUIRED
The project will consist of 50 Hybrid and CNG Low-floor buses:
The Contractor must provide new approved materials and inks that will be used for the City’s decals/logos.
The new decals/logos must not be applied until the paint has cured. Paint must be thoroughly cleaned to accept new p roduct, and if there are any issues arising from the improperly applying or cutting or attempting to install decals inappropriately, Contractor must correct the issues and will be burdened with the additional cost of replacing the decal and paint damage as a result of replacing the damaged product.
The type of material used to produce the new Artwork/Decals is as follows:
• Production Specs:
Digital print on 3M 180C -10 White Vinyl with 3M 8518 Lamination and 3M Window Perf w/ 3M 8914 Lamination, Kiss Cut, Wee d, and 3M SCPM -44X Premask. 3M 180C Series Vinyl must be used for Roof, Interior, Exterior, & CA Numbers.
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Roof Numbers, Interior and Exterior Numbers and CA numbers • Roof numbers, interior and exterior and CA numbers will be required for all MBL’s 5 0 New Flyer low-floor buses. The Contractor must bid appropriately.
Product specifications for the material to be used for interior and exterior numbers including CA, must be 3M 180C Series Vinyl must be used for Roof, Interior, Exterior, & CA Numbers.
CLEANING OF BUS
Buses that are ready for final review and acceptance must be detailed and ready for delivery. The purpose is to ensure all dust, tape; overspray and debris do not hide potential concerns.
Detail must include interior: ceiling to floor, stations, se ating, side panels, wheelchair parked and deployed, vents windows (graffiti guard removed and put back). Exterior cleaning includes: engine compartment, removal of all dirt, debris and dust, cleaning of vents and polishing exterior of wheels front and rear, opening roof-caps and blowing out all debris and hosing off tanks. Most of the exterior cleaning should have already been completed prior to painting.
Buses delivered to MBL after acceptance that have not been detailed and or approved for delivery, MBL reserves the option of detailing any and or all buses and subtract associated labor and material from the final invoice of vehicles identified if the Contractor declines to rectify the issue within 24 hours of notification. Labor and material for each bus t hat failed inspection as stated above in the amount of $250.00 per-bus/incident, will be subtracted from the final invoice of each vehicle that failed to meet MBL’s standards.
PICKUP AND DELIVERY OF VEHICLES
• Contractor must provide a DOT certified driver(s) with insurance that will pick-up and return the vehicles to designated location(s).
• The City’s buses will be picked up and returned to 400 So. Taylor Ave. Montebello, CA 90640.
Between the hours of 8:00 – 5:30 pm. Mon -Fri. Contractor’s driver(s) must not leave until the vehicle is signed off by MBL Maintenance Supervisor. The driver is to bring with them a QA sheet that identifies all inspection points. There must be a QA sheet at time of pick -up of City bus and drop-off of vehicle.
• The Contractor must provide his/her driver transportation.
CODES AND STANDARDS
All work and materials used in this project must be in accordance with the requirements of all applicable local codes; ordinances, rules and regulations of all authorities who have jurisdiction to include AQMD, EPA and DOT.
WARRANTY AND SERVICE
The Contractor will provide warranty on workmanship from time of acceptance and clearly noted on cost sheet. Warranty on paint must cover fading, bliste ring, peeling in the areas that contractor performed work, and documented, for a period of five-(5) years.
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SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and present projects. The Contractor will state the cl ient’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
• Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non -compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and secur ity for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
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SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2023, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to re tain a qualified professional Contractor to provide reliable and effective Exterior Bus Graphics Decal Replacement and Repainting Services (“Project”); and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated June 15, 2023 (RFP No. [23-11]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this referenc e (hereinafter “Contractor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
C. CONTRACTOR shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized bil ling statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
D. CITY will be invoiced at the end of the first billing per iod following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.
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E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
F. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.
SECTION 2. TERM.
This Agreement shall commence on ………………, 2023 , and shall be valid until………………,2024, unless terminated sooner as provided in Section 7 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 1 9 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 3. CONTRACT DOCUMENTS.
For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):
A. RFP No. 23-11;
B. Proposer’s [DATE] Proposal for Exterior Bus Graphics Decal Replacement and Repainting Services and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.
All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.
SECTION 4. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfull y, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Contrac tors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
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E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise pro vided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 5. WORK PRODUCT.
A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.
B. All data, documents , discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
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SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of t he provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be correc ted within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by con tract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the te rmination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termi nation, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.
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Neither CITY nor any of its elected officials, officers, employees or agents shall have control o ver the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter en acted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retireme nt System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appoint ed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers,
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officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, inde pendent contractors, personal injury or bodily injury, and advertising injury, with limits no less than One Million Dollars and Zero Cents ($1,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and E mployer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving su brogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONTRACTOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Err ors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effecti ve date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
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If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest e dition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non -payment) prior written notice .
CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, a gents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agr eement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, th e policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self -insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub -Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
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Coverage applies separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions m ust be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employe es shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any 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 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 enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
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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 car efully 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 de scriptive 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.
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 s igned 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 counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
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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 personally or on the second 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:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handi cap, mental condition or sexual orientation.
CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
CONTRACTOR and its officers, employees, associates and sub -Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performa nce of its services pursuant to this Agreement.
CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services t hat may be procured by CITY as a result of the recommendations made by CONTRACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
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SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO CONTRACTOR
_______________________ _____________________
René Bobadilla Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 23-11
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall only proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
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2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
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38 Montebello Bus Lines
Date Date
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
RFP No. 23-11
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 23-11, Exterior Bus Graphics Decal Replacement and Repainting Services
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, co sts, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (col lectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 2 3-11 Exterior Bus Graphics Decal Replacement and Repainting Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemn itees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
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EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
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EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $1,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be s atisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in t he policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer 's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
RFP No. 23-11
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Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 23-11
EXHIBIT D
RFP No. 23-11
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
Item # Description Per Bus
Price Total Price
1 Labor – Remove Existing Decals/Logos $ $ 2 Labor – Body/Dent Repair $ $
3 Labor – Painting $ $
4 Labor – Install New Decals/Logos $ $ 5 OEM Materials– 3M Manufacturered $ $
6 Paint Materials Rate $ $
GRAND TOTAL $
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
List other costs/fees: Description
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EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
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EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
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Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
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EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
RFP No. 23-11
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:
Authorized Signature:
Title:
Date:
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EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $___ __________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, i f Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this par agraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
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Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
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EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
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EXHIBIT K
Bank Draft
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
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ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE ISSUING A SCRUBBERS AND SWEEPER EQUIPMENT REPLACEMENT REQUEST FOR QUOTE, NO. RFQ-23-1
DATE: June 14, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Issuing a Scrubbers and Sweeper Equipment Replacement Request for Quote, No. RFQ-23-1; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact to issue RFQ No. Q-23-1 for the Scrubbers and Sweeper Replacement (see Attachment A). Once a vendor is selected for award, the City Council will be asked to consider approving a Professional Services Agreement and amend the City of Montebello Department of Transportation’s (Transportation) Fiscal Year 2023-24 adopted budget. Funding for this project will be allocated primarily from Transportation’s FY 2023-24 adopted operating budget.
BACKGROUND/DISCUSSION:
The City of Montebello is soliciting quotes from highly qualified vendors to provide three (3) new Scrubbers and Sweeper Industrial Equipment (“Scrubbers and Sweeper”). MBL must purchase two (2) new scrubbers and a sweeper to maintain the cleanliness of the MBL maintenance facilities. The current models are close to 20 years old and past their useful life.
RFQ No. Q-23-1 seeks a vendor to provide three (3) new Tennant Scrubbers and Sweeper models S30, T16, and T20. The equipment will be used to clean the MBL
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
maintenance facilities and surrounding pavement of the facility. The selected vendor must provide Scrubbers and Sweeper that are new, meet the Original Equipment Manufacturer (OEM) specifications, and include a unique tracking number.
Once approved, the notice inviting proposals will be published using Planetbids.com, Masstransitmag.com, Transittalent.com, and the Wave Newspaper, beginning June 15, 2023. All bids will be submitted through the Planetbids.com platform. The due date for all proposals will be July 13, 2023. It is anticipated that a vendor will be selected in August with the award of a professional services agreement presented to the City Council for consideration shortly thereafter.
ENVIRONMENTAL:
N/A
ANALYSIS:
MBL is requesting authority to issue RFQ No. Q-23-1, to identify a vendor to provide three (3) Scrubbers and Sweeper to replace MBL’s old Tennant sweeper model 6500, Tennant combination sweeper/scrubber model 7200, and Tenant scrubber model 7300.
The new models will be the Tennant S30 (sweeper), T16 (scrubber), and T20 (scrubber).
Each model serves a specific purpose for the maintenance shop and surrounding facilities. The S30 will be mostly used for cleaning the outside areas of the maintenance facility. The T16 will be used for cleaning smaller spills and cleaning smaller width areas in the maintenance building. Finally, the T20 will clean larger area spills inside the maintenance facility shop and outside of the maintenance facility shop.
The acquisition of the Scrubbers and Sweeper will be obtained through the procedures outlined in Montebello Municipal Code (“MMC”) Section 3.20.080, as authorized under California Government Code Section 54202. In accordance with MMC 3.20.080(E) a contract shall be awarded by the City Council to the lowest responsible bidder.
SUMMARY:
Staff recommends that the City Council approve issuing RFQ No. Q-23-1, attached hereto in substantial form, to replace MBL’s existing Sweepers and Scrubbers; and direct staff to take such additional related action that may be desirable.
ATTACHMENT(S)
1. Attachment A - Request for Quotes (RFQ), No. Q-23-1
NEXT STEPS:
N/A
City of Montebello
REQUEST FOR QUOTE (RFQ) No. Q-23-1
SCRUBBERS AND SWEEPER REPLACEMENT
June 15th, 2023
ONLINE QUOTE SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFQ are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
ATTACHMENT A
RFQ No. Q-23-1
2 INTRODUCTION
The City of Montebello (“City”), Montebello Bus Lines (MBL), is soliciting quotes from highly - qualified vendors to provide three (3) new Tennant scrubbers and sweeper equipment. MBL must purchase new scrubbers and sweeper to replace old inoperable sweeper and scrubber Tennant models 6500, 7200, and 7300.
As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 4.5 million passengers annually throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier. To provide reliable and efficient pu blic transportation services to the residents of Montebello and neighboring communities, the agency relies on the Maintenance Division to have the relevant equipment required to maintain and service MBL’s fleet.
SCOPE OF SERVICES
PROJECT DESCRIPTION
This Request for Quote (RFQ) seeks a Vendor (“Vendor”) to provide three (3) new scrubbers and sweeper equipment Tennant models T16, S30, and T20. The scrubbers and sweeper equipment are meant to clean the flooring and surrounding pavement at the MBL maintenance facilty . The selected Vendor must provide scrubbers and sweeper equipment that are new, meet the Original Equipment Manufacturer (OEM) specifications, and include a unique tracking number.
Manufacturer: Tennant
TENNANT SCRUBBERS AND SWEEPER EQUIPMENT
1. Tennant S30 – This sweeper will require the base equipment and the optional equipment listed below:
a. Audio-Visual Backup Alaram
b. Light Packages
c. Rear Tower Bumpers
d. Dual Side Brushes
e. WaterShield Side Brush Wet Dust Control
f. Blower Attachment
g. Vacuum Wand
h. Fire Extinguisher
i. Steel Hopper
j. Engine-LPG
2. Tennant T16 – This scrubber will require the base equipment and the optional equipment listed below:
a. EC-H20 Solution System
b. FAST-Foam activated Scrub Technology
c. ES-Extended Scrub w/ Detergent Metering
d. Scrubbing Side Brush
e. Back-Up Rear Safety AV Module (LED)
RFQ No. Q-23-1
3 f. Tubular Steel Front Bumper
g. Tubular Steel Rear Squeegee Guard
h. Spray Hose (15ft/5m) w/ Retracting Reel
i. Pre-sweep Attachment with Dust Control
j. Battery Watering System
k. Dual Vacuum Fans
l. Rollout Battery Kit
m. Head Light (LED)
n. Vacuum Wand (on demand)
o. On Board Charger
p. High-Capacity Batteries (4hrs) 36V, 360AH
3. Tennant T20 – This scrubber will require the base equipment and the optional equipment listed below:
a. Engine-LPG
Warranty:
A. The Vendor warrants all provided services, components, parts, and material furnished under this contract against defects or failures, for a period of at one (1) year from the date of acceptance.
B. Warranty repairs shall include materials, freight of any kind, travel expenses, mileage, labor, and any other related expenses necessary to correct defects.
Term of Agreement
A. Completion of this project will be no later than December 30th, 2023. However, the City may grant additional hours for services related to this project.
GENERAL TERMS AND CONDITIONS
QUOTE SUBMITTALS
Quotes must be received by Thursday, July 13th, 2023, at 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFQ. No exceptions will be granted regardless of reason or circumstances. Quote Submittals will be received electronically via the City website, on-line electronic submission at www.PlanetBids.com The RFQ shall include the following:
▪ Cover sheet stating the following:
· Company/Vendor Name
· Name of Representative
· Contact telephone and email
· Signature
· Title
· Date
RFQ No. Q-23-1
4 ▪ Vendor’s resume
▪ Cost Proposal Sheet
▪ Three (3) references
All Quotes must contain an original signature by an authorized officer of the company.
POINT OF CONTACT
This RFQ is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during the RFQ submission and procurement process.
Communication initiated by respondents to this RFQ with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiry or request during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, the response will be issued to all prospective Vendors via:
https://pbsystem.planetbids.com/portal/33072/portal-home
INCORPORATION OF QUOTE INTO AGREEMENT
This RFQ and the Vendor’s response, including all promises, warranties, commitments, and representations made in the successful Quote, shall be binding and incorporated by reference in the City’s contract with the successful Vendor.
TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 15th, 2023
Deadline to Submit Questions Tuesday June 27th, 2023, at 3:00 PM PST Responses to Questions Provided Thursday July 6th, 2023 Deadline to Submit Proposals Thursday July 13th, 2023, at 3:00 PM PST Presentations & Intent to Award Week of August 7th, 2023
ADDENDA
Any changes made by the City to the requirements in this RFQ will be made by written addenda.
Any written addenda issued to this RFQ shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFQ as the result of oral instructions. The City reserves the right to revise or withdraw this RFQ at any time and for any reason.
RFQ No. Q-23-1
5 CLARIFICATIONS
Should a Vendor require clarifications of this RFQ, the Vendor shall notify the Point of Contact identified in this RFQ in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The aforesaid addendum shall be posted on the www.PlanetBids.com web page.
All questions, clarifications, or comments must be submitted no later than 3:00 pm, Tuesday, June 27th, 2023. No questions will be answered individually by the City or MBL.
Requests for clarification, questions, and comments must be posted on the PlanetBids.com Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.
Responses by the City to the clarifications, comments, and quest ions will be communicated via PlanetBids.com. Every attempt will be made to respond to all Vendors in accordance with the procurement schedule for this RFQ. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Vendors must satisfy themselves by personal examination of any worksite, drawings, Scope of Services , and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed . No Proposing Vendor shall at any time after submission of the Quote, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the City and clarified before the submission of Quotes.
WITHDRAWAL OF QUOTES
Proposing Vendors may withdraw their Quotes in writing, provided that such requests are received by the City before the scheduled deadline for Quote submission or within six (6) months following the scheduled deadline for Quote submission when no contract has been awarded.
TIME OF COMPLETION
The contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the RFQ. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Vendor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between Vendor and MBL.
RFQ No. Q-23-1
6 PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Montebello, Attn:
Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of the invoice.
SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Service described in this RFQ.
AWARD OF CONTRACT
The contract resulting from this RFQ will be awarded to the responsive and responsible Vendor whose quote, conforming to the requirements of the RFQ, is determined to be the lowest responsible bidder (“Best Value” as described in the Federal Transit Administration Circular 4220.1F). No agreement shall exist until the City Council or the City Manage r has awarded the contract and it has been mutually executed. The City reserves the right to:
· Accept all or any part of a Quote;
· Reject any or all Quotes for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFQ; and/or
· Issue subsequent RFQ’s.
An Evaluation Committee comprised of MBL staff in accordance with the Quote Evaluation Criteria set forth in the Evaluation Criteria section of this RFQ will evaluate all the Quotes.
EVALUATION CRITERIA
Acceptance of any statement submitted pursuant to this RFQ shall not constitute any implied intent to enter into a contract for consulting services. Award will be made to the Vendor whose quote offers lowest responsible Bidder whose Quote complies with all requirements prescribed herein. If lowest responsible Bidder refuses or fails to execute the Contract, the City may award the contract to the next lowest responsible Bidder.
REFERENCES
All reference information requested in this RFQ and specified in the form included in this RFQ must be submitted with the Quote. Refer to Exhibit A.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Vendor’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFQ Evaluation Committee members would travel, at City expense, to sites at which finalist Vendors are performing like servic es. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Vendor’s implementation and performance.
RFQ No. Q-23-1
7 PROPOSAL SIGNATURES
If an individual makes the Quote it shall be signed and the full name and address of the Vendor shall be given. If a partnership makes the Quote, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the Quote, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Quote. A certified letter is to be included in the Quote accompanied by the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre -contractual expenses are defined as expenses incurred by Vendor in:
· Preparing the Quote in response to this request
· Submitting that Quote to the City
· Negotiating with the City any matter related to this Quote, and/or · Any other expenses incurred by the Vendor before the date of the award
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all Quotes for no reason or any reason including but not limited to the following:
a. The Quote is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Vendor failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any Quote that, in the opinion of the City, is so unbalanced in comparison to other Quotes received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
3. Accept all or any part of a Quote;
4. Cancel the entire RFQ;
5. Issue subsequent RFQs; or
6. Waive any errors or informalities in any Quote, to the extent permitted by law
RFQ No. Q-23-1
8 LICENSING, PERMITS, AND TAXES
The Vendor shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Vendor. The successful Vendor is liable for all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Vendor’s product, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, re gardless of whether or not they are referred to in the RFQ.
CONFIDENTIALITY AND PUBLIC RECORD
All Vendors are hereby put on notice that each Quote received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Quote shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure if required to do by law.
JOINT OFFERS
Where two (2) or more Vendors desire to submit in response to this RFQ, they shall do so on a prime-sub Vendor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any Quote submitted on behalf of any form of a joint venture or partnership between two (2) existing Vendors may be considered collusive and may be rejected as non-responsive.
COMPANY PERSONNEL
It shall be the burden of the successful Vendor to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Vendor. Personnel shall not be employees of or have any contractual relationship with the City. Successful Vendor’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Vendor will not be tolerated and the offense can be justification for termination of the contract. All sub-Vendors of successful Vendor shall abide by all the requirements outlined in this section.
SINGLE QUOTE RESPONSE
If only one Quote is received in respo nse to this RFQ, a detailed cost/price Quote may be requested of the Vendor. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Vendor must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.
RFQ No. Q-23-1
9 PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFQ) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure, or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFQ shall be received no later than ten (10) days before the Quote due date; or within five (5) days after Quote opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the Point of Contact identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA.
However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
RFQ No. Q-23-1
10 EXHIBIT A
REFERENCES
At Least Three (3) References
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
RFQ No. Q-23-1
CITY OF MONTEBELLO
MONTEBELLO BUS LINES
Exhibit B
RFQ No. Q-23-1
OUTDOOR SWEEPER AND SCRUBBER REPLACEMENT
COST PROPOSAL SHEET
Quantity Description of Work Cost of Needs
3 Outdoor Sweeper and Scrubber Equipment $
1 Shipping Cost $
Warranty (Months)
$
$
$
TOTAL
$
List other costs/fees: Description Cost/Fees
RFQ No. Q-23-1
12 Authorized Signature: Date:
Print Name & Title:
Business Name:
Address:
City, State, Zip:
Phone Number:
E-mail Address:
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: ADOPT RESOLUTION NO. 23-42 TO AUTHORIZE THE SUBMISSION
OF APPLICATIONS TO THE FEDERAL TRANSIT ADMINISTRATION
TO RECEIVE FUNDING FOR HYDROGEN FUEL CELL ELECTRIC
BATTERY BUSES AND TRANSIT FACILITY HVAC UPGRADE
PROJECTS
DATE: June 14, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-42 to authorize the submission of applications to the Federal Transit Administration (FTA) to receive funding for hydrogen fuel cell electric battery buses (FCEBs) and transit facility heating, ventilation, and air conditioning (HVAC) upgrade projects; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello is eligible to apply for federal funding through the Federal Transit Administration (FTA) Urbanized Area Formula Funding program under Title 49 U.S.C. Chapter 53 Section 5307 (49 U.S.C. 5307) (see Attachment A). The FTA Section 5307 Funding (5307 Funding) is distributed every year through the Bus Operators Subcommittee (BOS) of the Los Angeles County Metropolitan Transportation Authority (Metro). The proposed Section 5307 Funding allocations for each project are as follows:
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
After approval of the applications to FTA for the Section 5307 funding, Staff will return to the City Council with an item amending the budget to appropriate these funds in the proper accounts.
BACKGROUND/DISCUSSION:
The City of Montebello is eligible to apply for federal funding through the Federal Transit Administration (FTA) Urbanized Area Formula Funding program under Title 49 U.S.C.
Chapter 53 Section 5307 (49 U.S.C. 5307) (see Attachment A). The FTA Section 5307 Funding (5307 Funding) is distributed every year through the Bus Operators Subcommittee (BOS) of the Los Angeles County Metropolitan Transportation Authority (Metro). As a BOS member, MBL receives allocated 5307 Funding that must be obligated within five (5) years of the date of disbursement to prevent a lapse of funds. Over the past five (5) years, MBL has received the following 5307 funds:
• FY 2018 - $1,329,802
• FY 2019 - $4,576,349
• FY 2020 - $4,578,946
• FY 2021 - $4,510,751
• FY 2022 - $1,764,600
The 5307 Funding allocation for Fiscal Year 2018 must be obligated to prevent funds from lapsing on September 30, 2023, respectively.
On March 23, 2022, the City Council approved resolution No. 22-13 to authorize submitting an application to the BOS for FY 2023 FTA Section 5307 – 15% Discretionary Capital Funds. This grant opportunity provides for funds to be awarded competitively for the financing of capital projects such as bus purchases, mechanical rehabilitation of existing buses to extend the life of the bus, and the structural rehabilitation of transit centers. On April 19, 2022, BOS awarded the City $1,764,600 to replace gasoline hybrid buses with FCEBs (see Attachment B). The awarded grant will assist MBL to align with the City’s commitment to invest in the innovative, cutting-edge technology required to further reduce its carbon footprint and support the sustainable electrification of transportation.
City Council is being asked to consider authorizing the submission of an application to the FTA to receive funding for hydrogen fuel cell electric battery buses and transit facility HVAC upgrade projects.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
ENVIRONMENTAL:
N/A
ANALYSIS:
Through MBL, the City serves 14 cities within the Greater Los Angeles Metropolitan Area as well as portions of Unincorporated Los Angeles County. MBL’s service area is comprised of the City of Montebello and a quarter mile radius from any fixed route bus stop, which encompasses a population of 361,624 individuals. The services provided include eight (8) fixed route bus lines comprised of seven (7) local routes and one (1) express route. Correspondingly, a need exists to maintain an efficient and reliable bus fleet to serve public transportation.
A. Hydrogen Fuel Cell Electric Battery Buses (FCEBs)
On October 27, 2021, the City Council adopted Resolution No. 21-80 approving MBL’s Zero Emission Bus (ZEB) Rollout Plan to serve as a blueprint for how MBL plans to achieve a full transition to zero-emissions technologies by 2040. The ZEB Rollout Plan provides information on strategies necessary to address MBL’s current bus fleet composition, future bus purchases, facilities and infrastructure modifications, and potential funding sources. Following the ZEB Rollout Plan, MBL identified the 5307 Funding as an additional funding opportunity to assist with the purchase of FCEBs.
B. HVAC Upgrades
On January 25, 2023, the City Council approved an energy services contract with Alliance Building Solutions, Inc. for the construction of energy conservation measures at various City facilities. City staff had identified failing HVAC equipment located at the Transportation Department Facility, built in 1996, that operates with low energy efficiency and exceeded its useful life. The project proposed to replace much of this equipment with new energy-efficient equipment that will result in substantial annual energy and maintenance savings. Additionally, the project will install solar photovoltaic (PV) equipment that will lower energy bills. The reduced energy consumption will not only result in immediate annual savings on utility bills but also reduce potential adverse budget impacts in the future from unpredictable annual increases to SoCal Edison (SCE) rates.
SUMMARY:
Staff recommends the City Council adopt Resolution No. 23-42 (see Attachment C) to authorize submission of applications to the Federal Transit Administration to receive funding for hydrogen fuel cell electric battery buses and transit facility HVAC upgrade projects; and take such additional, related action that may be desirable.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
ATTACHMENT(S)
1. Attachment A – FTA Fact Sheet: Urbanized Area Formula Grants
2. Attachment B – FY 2023 FTA Section 5307 15% Capital Discretionary Fund Allocations
3. Attachment C – Resolution No. 23-42 for Application to FTA
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FACT SHEET:
URBANIZED AREA FORMULA PROGRAM GRANTS
49 U.S.C. Chapter 53, Sections 5307 & 5340
FY16
(in millions)
FY17
(in millions)
FY18
(in millions)
FY19
(in millions)
FY20
(in millions)
Passenger
Ferry
$30.00 $30.00 $30.00 $30.00 $30.00
Urbanized
Area
Formula
(5307)
$4,508.90 $4,599.68 $4,696.90 $4,797.11 $4,899.45
Growing
States/High
Density
Formula
(5340)
$536.26 $544.43 $552.78 $561.31 $570.03
Urbanized
Area
Formula
Program
TOTAL
$5,075.16 $5,174.11 $5,279.68 $5,388.42 $5,499.48
PROGRAM PURPOSE: The Urbanized Area Formula Funding program (49 U.S.C. 5307) makes Federal resources available to urbanized areas and to Governors for transit capital and operating assistance and for transportation related planning in urbanized areas. An urbanized area is an Census-designated area with a population of 50,000 or more as determined by the U.S. Department of Commerce, Bureau of the Census.
Sta
tutory References: 49 U.S.C. Section 5307 and 5340 / FAST ACT Sections 3004, 3016 Program Requirement: https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/urbanized- area-formula-program-program-guidance-and
Eligible Recipients: Funding is made available to designated recipients, which must be public bodies with the legal authority to receive and dispense Federal funds. Governors, responsible local officials and publicly owned operators of transit services are required to designate a recipient to apply for, receive, and dispense funds for urbanized areas pursuant to 49 U.S.C. 5307(a)(2). The Governor or Governor’s designee is the designated recipient for urbanized areas between 50,000 and 200,000.
Elig
ible Activities: Eligible activities include planning, engineering, design and evaluation of transit projects and other technical transportation-related studies; capital investments in bus and bus-related activities such as replacement of buses, overhaul of buses, rebuilding of buses, crime prevention and security equipment and construction of maintenance and passenger facilities; and capital investments in new and existing fixed guideway systems including rolling stock, overhaul and rebuilding of vehicles, track, signals, communications, and computer hardware and software. All preventive maintenance and
ATTACHMENT A
some Americans with Disabilities Act complementary paratransit service costs are considered capital costs. For urbanized areas with populations less than 200,000, operating assistance is an eligible expense.
For urbanized areas with 200,000 in population and over, funds are apportioned and flow directly to a designated recipient selected locally to apply for and receive Federal funds. For urbanized areas under 200,000 in population, the funds are apportioned to the Governor of each state for distribution.
What’s Changed?
The 100 Bus Rule has been expanded to include demand-response service, excluding ADA complementary paratransit service. An exception to the 100 Bus Rule has been added as well. If a public transportation system executes a written agreement with one or more other public transportation systems within the urbanized area to allocate funds by a method other than by measuring vehicle revenue hours, each public transportation system that is part of the written agreement may follow the terms of the written agreement instead of the measured vehicle revenue hours.
Under Grant Recipient Requirements, a provision has been added that directs recipients to maintain equipment and facilities in accordance with their transit asset management plan.
Recipients are no longer required to expend 1% of their funding for associated transit improvements.
However, recipients are still required to submit an annual report listing projects that were carried out in the preceding fiscal year.
Funding:
Federal Share: The Federal share is not to exceed 80 percent of the net project cost. The Federal share may be 90 percent for the cost of vehicle-related equipment attributable to compliance with the Americans with Disabilities Act and the Clean Air Act. The Federal share may also be 90 percent for projects or portions of projects related to bicycles. The Federal share may not exceed 50 percent of the net project cost of operating assistance.
Formula Details: Funding is apportioned on the basis of legislative formulas. For areas of 50,000 to 199,999 in population, the formula is based on population and population density. For areas with populations of 200,000 and more, the formula is based on a combination of bus revenue vehicle miles, bus passenger miles, fixed guideway revenue vehicle miles, and fixed guideway route miles as well as population and population density.
Passenger Ferry Grant Program: $30 million is set aside for passenger ferry grants, to be allocated through competitive selection.
Anything else relevant: Funds are available the year appropriated plus five years.
Other:
• Match can come from other Federal (non-DOT) funds. This can allow local communities to implement programs with 100 percent federal funding.
• Agencies that receive Section 5307 funding must offer half fare or reduced fare to people with disabilities and seniors during off-peak hours for fixed-route services.
For Additional Information on FTA and the FAST Act, please visit: www.transit.dot.gov/fastact
Section 5307 15% Project Proposals
Project Proposal Sponsor
Amount
Requested Award Value
Regional Training
SCRTTC/Southern California
Regional Transit Training
Consortium 360,000$ 360,000$
Purchase of Ten Battery Electric Buses Culver City Transit 7,000,000$ 3,649,560.50$ Zero Emission Bus Infrastructure Foothill Transit 6,400,000$ 3,349,560.50$ Purchase (7) 40-foot Zero Emission Buses City of Gardena's GTrans 698,466$ 698,466$ Replace (3) CNG Buses
LADOT/City of Los Angeles
Department of
Transportation 2,592,631$ 2,592,631$
LBT1 Facility Modernization Project Long Beach Transit (LBT) 8,000,000$ 3,200,000.00$ Replace (5) gasoline hybrid buses with hydrogen fuel cell City of Montebello Bus
Lines 4,411,500$ 1,764,600$
Charging Infrastructure Project LA Metro 40,000,000$ 24,174,000$ Transportation Facility Improvements (Phase III) City of Norwalk 1,221,105$ 760,113$ Purchase Ten Zero-Emission Battery Electric Buses
City of Santa Monica's Big
Blue Bus 8,642,104$ 8,642,104.00$
Total Requested 78,965,806$ 24,657,035.00$
Total BOS 15% Capital Discretionary Allocation 48,708,000.00$ Less SCRTTC Allocation - Second of Three Years 360,000.00$ Balance for Award Distribution 48,348,000.00$
50% -max receivable by any one agency 24,174,000.00$
Total 24,174,000.00$
Section 5307 1% Project Proposals
Project Proposal Sponsor
Amount
Requested Award Value
Bus Stop Improvements City of Commerce Municipal 25,497$ 25,497$ Transit Center Shelter and Ticketing Improvement Project Culver City Transportation 454,600$ 454,600$ Bus Stop Enhancement Program Foothill Transit 128,000$ 128,000$ Bus Stop Seating Project City of Gardena's Gtrans 112,000$ 112,000$ Bus Improvements for Phase 3 Long Beach Transit 610,000$ 610,000$ E-Paper/Bus Stop Electronic Display Project LA Metro 620,000$ 620,000$ Bus Stop Improvements City of Santa Monica's Big Blue Bus 846,868$ 846,868$ Total Requested 2,796,965$ 2,796,965$
Total BOS 1% ATI Allocation 3,280,000.00$
Total Requested 2,796,965.00$
Balance for Award Distribution to Muni Agencies, applied towards 15% project proposals 483,035.00$
FY 2023 FTA Section 5307 15% Capital Discretionary and 1% Associated Transit Improvement Fund Allocation BOS Recommendations
19-Apr-22
ATTACHMENT B
ATTACHMENT _C_
RESOLUTION NO. 23-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AUTHORIZING THE CITY’S
SUBMISSION OF APPLICATIONS TO THE FEDERAL TRANSIT
ADMINISTRATION (FTA) URBANIZED AREA FORMULA FUNDING
PROGRAM (49 U.S.C. 5307)
RECITALS
WHEREAS, the Federal Transit Administration (FTA) has the authority to award federal assistance for a transportation project; and
WHEREAS, the City of Montebello (the “City”) as an “applicant,” is interested in applying for FTA funding for its hydrogen fuel cell electric battery buses (FCEBs) and transit facility heating, ventilation, and air conditioning (HVAC) upgrade projects; and WHEREAS, a grant or cooperative agreement for federal financial assistance will impose certain obligations upon the applicant and may require the applicant to provide the local share of the project cost; and
WHEREAS, the applicant has or will provide all annual certifications and assurances to the FTA required for the project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
APPROVES THE FILING OF APPLICATIONS FOR THE FTA URBANIZED AREA FORMULA FUNDING PROGRAM (49 U.S.C. 5307); AND
SECTION 1. APPROVALS AND CERTIFICATIONS.
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the projects included in this application, sufficient funds to complete the projects; and
2. Certifies that if funding is awarded, the Applicant has or will have sufficient funds to operate and maintain the projects; and
3. Delegates the authority to the Director of Transportation or their designee to execute and file with its application the annual certifications and assurances and other documents the FTA requires before awarding a federal assistance grant or cooperative agreements; and
4. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines; and
RESOLUTION NO. 23-42
SECTION 2. That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-42 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 14 th day of June 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
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.
DATE:
Christopher Jimenez, City Clerk
ITEM # 19
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: ADOPT RESOLUTION NO. 23-43 APPROVING MONTEBELLO BUS
LINES AMERICAN WITH DISABILITIES ACT (ACT) REASONABLE
MODIFICATION / ACCOMMODATION ADMINISTRATIVE POLICY
DATE: June 14, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-43 approving Montebello Bus Lines American with Disabilities Act Reasonable Modification / Accommodation Administrative Policy; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to taking action on this item.
BACKGROUND/DISCUSSION:
The Federal Transit Administration (FTA), through its C 4710.1 Circular, provides guidance on how transit agencies who receive federal financial assistance should be complying with the Americans with Disabilities Act (ADA). Montebello Bus Lines remains dedicated to providing superior transportation services to everyone including people with disabilities. An administrative policy has been formulated to comply with FTA regulations and the provisions of the ADA.
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
ANALYSIS:
The purpose of the policy being proposed is to implement the transportation and related provisions of the ADA as well as the Rehabilitation Act of 1973. The policy covers education for employees in order to ensure that staff is aware how to maintain compliance while rendering services. The proposed policy provides a nondiscrimination stance when MBL renders service to the public and makes note that the agency will accommodate reasonable requests for service. This policy will also cover all contracted services provided by Montebello Bus Lines including the Dial-A-Taxi and Montebello Link services.
Furthermore, the policy provides guidance in the operational process. Items covered include but are not limited to the following:
• Individuals using a wheelchair.
• Individuals with service animals.
• Announcement of bus stops.
• Individuals using certain medical equipment or devices. • The assistance and limitations of assistance to passengers with disabilities. • Allowance of food or beverage for diabetic passengers.
Said policy also includes a compliant procedure in which a Designated Responsible Employee coordinates compliance with ADA policies. The process for filling a complaint will be made known on the City of Montebello’s website and on printed materials such as bus inserts and schedule books.
SUMMARY:
Staff recommends that City Council adopt Resolution No. 23-43 (see Attachment B), approving the American with Disabilities Reasonable Modification / Accommodation Administrative Policy, including the encompassed recommendations.
ATTACHMENT(S)
1. Attachment A - Montebello Bus Lines Americans with Disability Act Reasonable Modification / Accommodation Administrative Policy
2. Attachment B - Resolution 23-43
NEXT STEPS:
N/A
C I T Y O F M O N T E B E L L O NUMBER: V-B-DRAFT
A D M I N I S T R A T I V E P O L I C Y EFF. DATE: 06/14/2023 S U B J E C T: AMERICANS WITH DISABILITIES ACT – REASONABLE
MODIFICATIONS /ACCOMMODATIONS
PURPOSE: To implement the transportation and related provisions under the ADA and section 504 of the Rehabilitation Act of 1973 as amended (section 504), specifically to adhere to the requirements to make reasonable modifications/accommodations to policies, practices, and procedures to avoid discrimination and ensure that programs are accessible to individuals with disabilities. They include the regulations promulgated by the U.S. Department of Transportation (“DOT”) and include the following: DOT 49 CFR Part 27, as amended (“Nondiscrimination on the basis of disability in programs or activities receiving federal financial assistance,” hereinafter referred to as “Part 27”); and 49 CFR Part 37 (“Transportation services for individuals with disabilities (ADA),” hereinafte r referred to as “Part 37”). This Policy incorporates the requirements of the above regulations for public transportation.
POLICY: The City of Montebello (hereinafter referred to as “the City”) Transportation Department also known as Montebello Bus Lines (“MBL” herein) is dedicated to providing the highest level of transportation services to the public. To ensure that the disabled community is afforded the same quality of service, MBL supports the Americans with Disabilities Act (“ADA” herein). The ADA extends the Civil Rights Act of 1964, which bars discrimination based on sex, religion, race and national origin, to persons with disabilities.
The ADA of 1990 prohibits discrimination and ensures equal opportunity and access for persons with disabilities. Th e ADA provides guarantees in many areas; one of them is public transportation.
In view of this, the City has adopted this Policy (“Policy” herein) for MBL that is designed to comply with the amendments, revisions and additions to 49 CFR Parts 27 and 37, T ransportation for individuals with disabilities; Reasonable Modification of Policies and Practices to avoid discrimination and ensure that the
U. S. Department of Transportation programs are accessible to individuals with disabilities.
A. EDUCATION AND TRAINING
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ATTACHMENT A
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The education and ongoing awareness component of this Policy included distribution to all covered employees and periodic information sessions conducted during employees’ original training program, annual required training, or as needed to educate employees. Each employee is required to sign -in during training sessions and/or sign an acknowledgment form indicating that they have received a copy of the current policy.
B. DISCRIMINATION PROHIBITED
MBL will make reasonable accommodations in policies, practices, or procedures when such accommodations are necessary to avoid discrimination on the basis of disability unless it can be demonstrated that making the accommodations would
fundamentally alter the nature of the servi ce, program, or activity, or result in an undue financial or administrative burden.
MBL will make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to their services.
C. NONDISCRIMINATION
It is not discrimination under this policy to refuse to provide service to an individual with disabilities because the individual engages in violent, seriously disruptive, or illegal conduct, or represents a direct threat to the health or safety of others. However, MBL cannot refuse to provide service to individuals with disabilities solely because the individuals’ disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience employees of MBL or other persons.
It is not discrimination under this policy to deny a request for modification of MBL’s policies and practices if the request for modification would fundamentally alter the nature of MBL’s services, programs, or activities, would create a direct threat to the health or safety of others, or the individual with the disability is able to fully use MBL’s services, programs, or activities for their intended purpose without the requested modification.
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MBL shall prioritize methods for meeting nondiscrimination and accessibility requirements that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate to the needs of individuals with disabilities.
APPLICATION: This Policy applies to all employees of MBL defined as “transit employees” under the DOT regulations.
PROCEDURES: A. OPERATIONAL PROCESS
Bus Operators must adhere to the following guidelines when providing transportation services to individuals with disabilities:
1. Individuals who use wheelchairs may be required to ride in designated securement locations of a bus or van as
determined by MBL policy.;
2. An individual with a disability cannot be required to be accompanied by an attendant;
3. At a minimum, Bus Operators must announce all major bus stops, transfer points and any significant point of interest.
Any bus stop requested by a customer must also be
announced. If an individual at a bus stop is blind or partially sighted, the Bus Operator must assist by announcing the bus route and destination he/she is operating;
4. Service animals such as guide dog, signal dog, etc., are allowed to accompany individuals onto the bus. Service animals are not required to have identification and must be allowed on the bus if the owner states that the animal is a service animal. Bus Operators are not required to take
charge of a service animal as caring for a service animal is the responsibility of the passenger or Personal Care
Attendant. Bus Operators shall not require an individual to disclose the nature of their disability to receive
transportation services.
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Bus Operators must inform passengers being accompanied
by service animals if another service animal is onboard the bus;
5. The Bus Operator may refuse to transport service animals that are deemed to pose a direct threat to the health or safety of drivers or other riders, create a seriously disruptive
atmosphere, or are otherwise not under the rider’s control.
6. Other riders’ or MBL personnel's allergies to dogs or other animals would not be grounds for denying service to a person accompanied by a service animal.
7. A passenger’s request to position the bus to avoid
obstructions to the passenger’s ability to enter or exit the bus at a designated bus stop location, such as parked cars and construction, must be granted, provided that re -positioning the bus does not pose a direct threat. To be granted, such a request should result in the bus sto pping in reasonably close proximity to the designated stop location. Bus Operators are not required to pick up passengers with disabilities at non - designated locations;
8. A passenger’s request for the Bus Operator to handle the fare media when the passenge r with a disability cannot pay the fare by himself or herself (e.g., in a situation where a passenger cannot reach or insert a fare into the farebox) must be granted. Bus Operators are not required to reach into pockets or backpacks in order to extract the fare media;
9. A request to eat or drink aboard the bus from a passenger with diabetes or another medical condition in order to avoid adverse health consequences must be granted;
10. A request from passengers to take medication while on board must be granted. For example, if the passenger needs to administer insulin injections and conduct finger stick blood glucose testing, the Bus Operator must allow the passenger to do so. However, the Bus Operator does not need to provide medical assistance;
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11. A request from a wheelchair user to board the bus separately from his or her device must be granted;
12. All wheelchair makes/models must be accommodated on a public transit bus unless the wheelchair/occupant
combination is larger or heavier than the design standards of the bus can safely accommodate. Bus Operators must attempt to secure all wheelchairs. However, an individual with a disability cannot be denied transportation because the
wheelchair cannot be secured or restrained, or because an individual declines
securements or restraints. However,
the Bus Operator must inform the passenger that the use of securements or restraints is for his or her own safety and for the safety of others. Bus Operators must notify Dispatch via bus radio of such refusal;
13. Individuals who use wheelchairs must be allowed to enter first and exit last to maximize the space that is available for maneuvering. Bus Operators must ask able -bodied
passengers occupying seats within the wheelchair area to give up the seats for wheelchair securement;
14. An individual with a disability using a wheelchair cannot be required to transfer to a seat
and the Bus Operator may
recommend that the individual transfer to a seat ; however, passengers who wish to transfer to a seat must be allowed to do so;
15. Defective or non -operating ramps must be reported to a supervisor immediately. If a ramp fails to work properly while in service, the Bus Operator must use the ramp
manually;
16. An individual with a disability who cannot be boarded because of space capacity or inability to deploy the ramp must be informed of the inability to board. Bus Operators must notify Dispatch immediately so proper accommodations can be implemented;
17. An individual with a disability must be aided when necessary or upon request to use the ramp and securement devices. If it is necessary for the Bus Operator to leave his or her seat to
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provide such assistance, he or she must do so. It is the responsibility of the Bus Operator to ensure proper use of the wheelchair securements;
18. Individuals who use canes, walkers, crutches or those individuals who cannot climb steps must be allowed to use the ramp if they request to do so;
19. Individuals with respirators or portable oxygen tanks cannot be denied transportation;
20. A Bus Operator is not required to provide a fixed route service if the request would require the Bus Operator to travel outside of its service area or to operate outside of its operating hours;
21. Bus Operators are not required to provide a Personal Care Attendant (“PCA”) or personal care attendant services to meet the needs of passengers with disabilities. For example, a Bus Operator may deny a passenger’s request for the Bus Operator to remain with the passenger who, due to his or her disability, cannot be left alone without an attendant upon reaching his or her destination;
22. A Bus Operator is not required to provide transit services when a passenger with a disability cannot or refuses to pay the fare;
23. MBL is not required to assent to a pas senger’s request for a specific driver;
24. In the absence of an MBL policy or practice of assisting with luggage, Bus Operators do not need to assist with luggage or packages;
25. Except in emergency situations, a passenger’s request for a Bus Operator to lift the passenger out of his or her mobility device must be denied because of the safety, dignity, and privacy issues implicated by hand- carrying a passenger.
Hand-carrying a passenger is a PCA-type service and outside the scope of the Bus Operator;
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26. Where a request for modification cannot practicably be made and determined in advance (e.g. because of a condition or barrier of which the individual with a disability was unaware until arriving), MBL Bus Operators shall make a
determination of whether the modification should be
provided at the time of request. MBL Bus Operators may also consult with MBL’s management before making a
determination to grant or deny the request. Requests may only be denied in accordance with Section C, 3 of this Policy.
B. COMPLAINT PROCESS
1. MBL has a designated responsible employee (DRE) to
coordinate compliance with 49 CFR Parts 27.13 and 37.17.
2. MBL shall adopt procedures for filing a complaint, which shall incorporate appropriate due process and prompt and equitable resolution o f complaints alleging any action prohibited by this Policy and 49 CFR Parts 27, 37, 38, and 39.
MBL shall ensure that the procedures for filing a complaint are accessible and usable by individuals with disabilities.
3. The process for filing a complaint, including the name, address, telephone number, and email address of the DRE, shall be sufficiently advertised to the public on the City’s and/or MBL’s website and through other printed material.
4. All complaints alleging any action prohibited by this Policy shall be addressed to the DRE and forwarded to the Director of Transportation for resolution.
5. In instances where additional information is needed for assessment or investigation of the complaint, the DRE will contact the complainant within 10 working days. Failure of the complainant to provide the requested information by a certain date may result in the administrative closure of the complaint.
6. The DRE will investigate the complaint and prepare a response subject to review by and direction of the City’s Director of Transportation. If appropriate, the DRE may
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administratively close the complaint and advise the
complainant of his/her right to file a complaint externally.
7. The DRE will send a final written response to the complainant and advise th e complainant of the final outcome. The
response will include reasons for the response to the complainant. The DRE will use its best efforts to
respond
to complaints alleging any action prohibited by this Policy within 45 workdays of its receipt of such complaints.
8. Complaints alleging any action prohibited by this Policy shall be documented and tracked through MBL’s customer
comment process.
C. REQUESTS FOR REASONABLE MODIFICATIONS
1. MBL has a designated responsible employee (DRE) to
respond to request s for reasonable modifications or
accommodations to policies, practices, and procedures in compliance with 49 CFR Part 37.169. Information regarding the process of making requests for reasonable modifications, including the name, address, telephone number and email address of the DRE and how to use the process, shall be readily available to the public and sufficiently advertised to the public on the City’s and/or MBL’s website and through other printed material.
2. The process of making requests for reasonable modifications shall be accessible to and usable by individuals with
disabilities. The process of making requests for reasonable modifications shall be in operation no later than July 13, 2015.
3. Individuals requesting modifications shall describe what they need in order to use the service. Individuals requesting modifications are not required to use the term “reasonable modification” when making a request. Whenever feasible, requests for modification shall be made and determined
before the transportation service is needed by the individual with a disability. Where a request for modification cannot practicably be made and determined in advance (e.g. because of a condition or barrier of which the individual with a disability was unaware until arriving), MBL operating
personnel shall make a determination of whether the
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modification should be provided at the time of request. MBL operating personnel may consult with MBL’s
management before making a determination to grant or deny the request.
4. The DRE is responsible for the prompt response to requests for reasonable modifications to policies, practices, and procedures.
5. MBL shall prioritize methods for meeting nondiscrimination and accessibility requirements that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate to the needs of
individuals with disabilities.
6. Requests for modification may be denied only in one or more of the following circumstances:
a. The requested modi fication would fundamentally
alter the nature of the MBL’s directly operated or
contracted services.
b. The requested modification would create a direct
threat to the health or safety of MBL employees,
contractors or members of the public.
c. Without the requested modification, the individual
with a disability is still able to fully use the
transportation services.
7. In determining whether to grant a requested modification, the DRE shall be guided by the provisions of Appendix E to CFR Part 37.
8. In any case in which the DRE denies a request for a reasonable modification, MBL shall take, to the maximum extent
possible, any other actions (that would not result in a direct threat or fundamental alteration) to ensure that the individual with a disability receives the services or benefit provided by MBL.
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9. Requests for modification and resolution shall be
documented and tracked through MBL’s customer comment
process.
D. CONTRACTED SERVICE PROVIDER PROCESS
Contracted service providers of fixed -route, semi -fixed route, complementary paratransit and demand- responsive services must submit proof of compliance with the following:
1. The Civil Rights Act of 1964, which bars discrimination based on sex, religion, race and national origin, to persons with disabilities;
2. The Americans with Disability Act of 1990 (ADA) that prohibits discrimination and ensures equal opportunity and access for persons with disabilities; and
3. The U.S. Department of Transportation 49 CFR Parts 27 and 37 specifically to provide that transportation entities are required to make reasonable modifications/ accommodations to policies, practices, and procedures to avoid discrimination and ensure that their programs are accessible to individuals with disabilities.
ATTACHMENT B
RESOLUTION NO. 23-43
RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA,
ADOPTING THE AMERICAN WITH DISABILITIES ACT RESONABLE
MODIFICATIONS / ACCOMODATIONS ADMISITRATIVE POLICY
RECITALS
WHEREAS, the City of Montebello (the “City”), as a transit bus owner by and through Montebello Bus Lines provides transportation services to residents of Montebello and neighboring cities; and
WHEREAS, The Federal Transit Administration has provided guidance through Circular C 4710.1 on compliance with the Americans with Disabilities Act and the Rehabilitation Act of 1973; and
WHEREAS, Montebello Bus Lines is a recipient of federal financial assistance and must provide reasonable accommodations to patrons with disabilities to comply with the Americans with Disabilities Act and the Rehabilitation Act of 1973; and WHEREAS, The Americans with Disabilities Act Reasonable Modifications / Accommodations Administrative Policy sets forwards a nondiscriminatory policy and provides operational processes; and
WHEREAS, The Americans with Disabilities Act Reasonable Modifications / Accommodations Administrative Policy shall be applied to the operations of all Montebello Bus Lines services, including contracted services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1: That the City Council hereby approve and adopt the Americans with Disabilities Act Reasonable Modifications / Accommodations Administrative Policy applicable to the Montebello Bus Lines.
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.
RESOLUTION NO. 23-43
APPROVED AND ADOPTED this 14th day of June 2023.
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-43 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 _14 th day of _June_ 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
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.
DATE:
Christopher Jimenez, City Clerk
ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: ADOPT RESOLUTION NO. 23-44 APPROVING MONTEBELLO BUS LINES’ FY23-25 SHORT-RANGE TRANSIT PLAN
DATE: June 14, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-44 approving Montebello Bus Lines’ Fiscal Year 2023- 25 Short Range Transit Plan, including the encompassed recommendations; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Approval of this resolution and the Fiscal Year 2023-24 short-range transit plan have no fiscal impact.
BACKGROUND/DISCUSSION:
The Short-Range Transit Plan (SRTP) is the principal planning document for Montebello Bus Lines (MBL). It provides a general overview of the Transit Department’s activities and an outlook into future service deployment. MBL is required to submit a triennial SRTP to the Los Angeles County Metropolitan Transportation Authority (Metro) in order to receive federal, state, and local funding.
ENVIRONMENTAL:
N/A
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023
Staff prepared a new SRTP that is divided into three main sections showcasing different aspects of the department and a fourth section, which includes required data tables. The main sections are:
• Section 1 - Transit System Overview and Statistics
• Section 2 - Budget, Funding, and Regulations
• Section 3 - Accomplishments, Goals, and Strategic Planning • Section 4 - “L” Tables
Section 1 provides an overview of the City as a whole and the Department of Transportation specifically. Within said overview, there is a breakdown of all services that MBL offers to the public. A line-by-line breakdown giving key performance indicators and key points of interest is provided as well.
Section 2 delineates the different types of funding that MBL utilizes to run its’ services with descriptions of how each fund is typically used. An overview of audits and compliance measures such as Title VI and ADA are included with descriptions on each measure.
Section 3 highlights accomplishments, sets goals for future projects, and ties in strategic planning measures being conducted by the department. Past accomplishments are a mixture of both operational and capital improvements, demonstrating departmental resiliency especially during the Covid-19 Pandemic. The goals set by the SRTP provide a vision for the day-to-day operations of MBL. Strategic planning measures tie in both the Montebello Moves Comprehensive Operational Analysis and the City of Montebello First Mile Last Mile Masterplan. This section also includes a recommendations section which provides guidance on future service deployment.
Section 4 contains all the data requested by Metro in their “L” table format for the purpose of reporting key performance indicators and financial statistics.
SUMMARY:
Staff recommends that City Council adopt Resolution No. 23-44 (see Attachment B), approving the Montebello Bus Lines FY23-25 Short Range Transit Plan, including the encompassed recommendations.
ATTACHMENT(S)
1. Attachment A - Montebello Bus Lines FY23-25 Short Range Transit Plan
2. Attachment B - Resolution 23-44
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ATTACHMENT A
ATTACHMENT B
RESOLUTION NO. 23-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA ADOPTING THE MONTEBELLO BUS
LINES FY23-25 SHORT RANGE TRANSIT PLAN
RECITALS
WHEREAS, the City of Montebello (the “City”), as a transit bus owner by and through Montebello Bus Lines provides transportation services to residents of Montebello and neighboring cities; and
WHEREAS, Montebello Bus Lines is required to prepare and submit a Short Range Transit Plan (SRTP) to the local Regional Transportation Planning Agency; and WHEREAS, Staff has prepared a Short-Range Transit Plan that gives comprehensive information and statistics including key performance indicators and financial information; and
WHEREAS, The Short Range Transit Plan (SRTP) is the leading planning document for Montebello Bus Lines; and
WHEREAS, The Short Range Transit Plan (SRTP) provides recommendations for the decrease of headways in order to provide more reliable and timely service for fixed routes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1: That the City Council hereby approve and adopt the FY23-25 Short Range Transit Plan, including the encompassed recommendations.
APPROVED AND ADOPTED this 14th day of June 2023.
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 23-44
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-44 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 14 th day of June 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
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.
DATE:
Christopher Jimenez, City Clerk