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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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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
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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".
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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
RFP No. 23-11
Montebello Bus Lines
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:
RFP No. 23-11
Montebello Bus Lines
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.)
RFP No. 23-11
Montebello Bus Lines
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.)
RFP No. 23-11
Montebello Bus Lines
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:
RFP No. 23-11
Montebello Bus Lines
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.
RFP No. 23-11
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
RFP No. 23-11
Montebello Bus Lines
EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
RFP No. 23-11
Montebello Bus Lines
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
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
Letter of introduction
I am writing to introduce you to A&A Fleet Painting, Inc. and The Paint Department, a business that specializes in painting, welding, collision repair, and fabrication. With over 30 years of experience in the industry, we have become a trusted name in the Chino, California area for providing high-quality repair services to our customers.
At A&A Fleet Painting, Inc. and The Paint Department, we understand the concern that comes with downtime. Our mission is to complete any job with the quality you expect as fast and efficiently as possible, to ensure that you can get back to business. We have a large facility with three paint booths, 13 painters, 11 painter helpers, 6 bodymen, 6 welders, 2 mechanics, 3 class A drivers, and 5 estimators to help us achieve this mission.
In addition to our extensive capabilities, we have been validating paint warranty claims for Sikkens since 1991 and are also experts in Axalta. This dual expertise allows us to offer a range of services, including heavy-duty and automotive collision repair, structural frame repair and welding, custom paint, custom metal fabrication, fiberglass mold fabrication, fiberglass repair, vinyl decal installation, upholstery, and electrical/mechanical troubleshooting and repa ir.
We are proud to offer our customers quality service and complete any job as fast and efficiently as possible to minimize downtime and reduce costs for our customers. We would welcome the opportunity to work with you and show you why we are the go-to choice for collision repair and fabrication services in the Chino area.
Thank you for your time and consideration, and we look forward to hearing from you soon.
Sincerely,
Cristian Barajas
A&A Fleet Painting, Inc.
ATTACHMENT C
Title Page:
REQUEST FOR PROPOSALS (RFP)
Exterior Bus Graphics Decal Replacement and Repainting Services RFP No. 23-11
Issued by: A and A Fleet Painting Inc
Date of Issue: August 9, 2023
Written by: Cristian Barajas
Approved by: Abel Bautista
Proposal Submission Deadline: August 10, 2023
Business Name: A and A Fleet Painting Inc
Business Address: 13565 12th Street, Chino, CA 91710
Business Website: http://www.aafleetpaintinginc.com
Description of Business: A and A Fleet Painting Inc is a premi er provider of fleet painting, welding, collision repair, and fabrication services with over 30 years of experience in the industry. Our facility is equipped with three paint booths and staffed by 13 painters, 11 painter helpers, 6 bodymen, 6 welders, 2 mechanics, 3 class A drivers, and 5 estimators. We also offer a range of services, including heavy -duty and automotive collision repair, structural frame repair and welding, custom paint, custom metal fabrication, fiberglass mold fabrication, fiberglass repair, vinyl decal installation, upholstery, and electrical/mechanical troubleshooting and repair. Our mission is to provide our customers with high-quality repair services and complete any job as fast and efficiently as possible to minimize downtime and reduce costs for our customers.
Contact Information:
Name: Abel Bautista
Title: President
Phone: 562-254-0721
Email: A and A Fleet Painting Inc
Table of Contents
1. Cover Letter
2. Title Page
3. Table of Contents
4. Company Profile
a. Corporate Overview
i. Firm History
ii. Mission Statement
b. Employment Practices
iii. Policies and Procedures
iv. Respiratory Protection Program
v. House Keeping
5. Project Team
a. Organizational Chart
b. Size of Project Team
c. Job Description
6. A and A Fleet Painting Approach to Accomplish Scope of Work a. Description of Proposer's Approach
b. Work Plan or Description of Work
7. Other Information Required by RFP or Addenda
4. Company Profile
a. Company Overview
i. Firm History:
A and A Fleet Painting Inc was founded in April 2003 by Abel Bautista. Abel previously worked as a Manufacturing Representative for Sikkens where he audited manufacturing companies such as Bombardier, National Rv, Amtrak, Metrolink, Caltrans, and camper shell MFG. With his experience as a manufacturer rep, he understood the business of fleet accounts and fleet management, which led him to found A and A Fleet Painting Inc.
As a Manufacturing Representative, Abel's job involved auditing manufacturing companies that used Sikkens' paint products. His primary responsibility was to ensure that the proper painting procedures were followed to provide warranty work and to train the manufacturers regarding the correct application of paint product.
This involved visiting manufacturing sites and working with the staff to ensure that they were following the proper procedures for mixing and applying paint products, as well as ensuring that the correct equipment and protective gear were being used. Abel also provided training sessions to the staff on the proper use and application of the paint products, as well as troubleshooting issues that arose during the painting process.
Through his work with Sikkens, Abel gained valuable experience in fleet accounts and fleet management, which ultimately led him to found A and A Fleet Painting Inc.
The company started by painting units for companies such as Amtrak, Metrolink, Bombardier, and Caltrans. They did bodywork and painting, as well as fabricated any metal or fiberglass required. Over time, they expanded to painting and repairing buses for various fleet companies.
In 2017, A and A Fleet Painting Inc moved its facility to Chino, California and acquired a 50, 60, and 80-foot booth, along with a 70,000 square-foot property to accommodate large units such as buses and trailers.
Today, A and A Fleet Painting Inc provides a range of services for industries such as transportation, municipal fleets, and industrial equipment. The company's clients include the City of Montebello, City of Claremont, Transdev, LA Metro, LA DOT, Wor ld Oil, Alstom, MV Transportation, Herzog, Empire Transportation, Anaheim Resort Transit, Progressive Rail, Sunline Transit Agency, Creative Bus Sales, and more.
ii. Mission Statement:
Our mission is to be the go-to provider for high-quality and efficient repair services for businesses. We understand the impact that downtime can have on your operations, and we are committed to minimizing this by completing every job with the utmost quality and speed. At our one-stop-shop, we provide a comprehensive rang e of services, covering all aspects of your unit's repair needs. Our team of highly trained professionals is dedicated to using only the highest quality parts and equipment, ensuring that every repair we perform meets industry standards. We pride ourselves on delivering excellent customer service, communicating with you throughout the repair process to ensure your needs are met. Our goal is to build long -term relationships with our customers by providing consistent, reliable service that exceeds expectations. Trust us to handle all your repair needs and get your unit back up and running in no time.
b. Employment Practices
iii. Policies and Procedures
I. Purpose
The purpose of these policies and procedures is to ensure the safe and efficient repair and maintenance of heavy-duty vehicles, as well as the safe and compliant operation of a paint shop for painting and finishing heavy-duty vehicles surfaces.
II. Scope
These policies and procedures apply to all employees and contractors involved in the repair and maintenance of heavy-duty vehicles and the operation of a paint shop for heavy-duty vehicle surfaces.
III. Heavy-Duty Vehicle Repair Policies and Procedures
A. Safety
1. All employees and contractors involved in heavy-duty vehicle repair and maintenance must receive safety training prior to performing any work.
2. Personal protective equipment (PPE), including eye protection, hearing protection, and respiratory protection, must be worn at all times when performing heavy -duty vehicle repair and maintenance.
3. Equipment and tools must be properly maintained and inspected prior to use to ensure safe operation.
4. All hazardous materials and waste must be properly labeled, stored, and disposed of in accordance with applicable regulations and best practices.
5. All accidents, incidents, and near misses must be reported immediately to the appropriate supervisor or safety officer.
B. Repair
1. Repair the damage. This can include replacing damaged parts with new ones, fabricating parts if they are metal, aluminum, or fiberglass, or repairi ng the damaged part.
2. Damaged metal parts may need to be replaced or repaired using welding or other fabrication techniques.
3. plastic or fiberglass parts may require specialized bonding agents or repair compounds.
4. In some cases, it may be necessary to completely replace the damaged part with a new one.
5. Carefully documented to ensure that all necessary repairs are completed and that the vehicle is restored to its pre-damage condition. This documentation can include photographs, written descriptions of the repairs, and any necessary measurements or specifications.
C. Surface Preparation
1. Prior to painting or other finishing processes, heavy-duty vehicle surfaces must be properly prepared using appropriate abrasives, sanding discs, and masking products in accordance with manufacturer guidelines.
2. All surfaces must be thoroughly cleaned and free of dirt, grease, and other contaminants prior to painting or other finishing processes
D. Painting and Finishing
1. All painting and finishing products must be stored, handled, and used in accordance with manufacturer guidelines and applicable regulations.
2. Appropriate personal protective equipment, including respiratory protection, must be worn during all painting and finishing processes.
3. Painting and finishing must be performed in a well-ventilated area, and all hazardous fumes and vapors must be properly contained and ventilated.
4. All painting and finishing must be performed in accordance with applicable regulations and best practices to ensure a high-quality, durable finish.
E. Decal Installation
1. All decals and logos must be applied to surfaces that have been adequately prepared and are free from any contaminants. Proper surface preparation ensures maximum adhesion and longevity of the decals/logos.
2. The decal/logo application ar ea must be thoroughly cleaned using a suitable cleaning solution to remove any residual grease, wax, or other contaminants. This ensures proper adhesion and prevents any bubbling or peeling of the decals.
3. Decals and logos must be applied smoothly, without any creases or air bubbles.
Using a squeegee or a similar tool, smooth out the decal/logo from the center outwards, ensuring no trapped air or wrinkles.
4. Ensure that the decals/logos are positioned correctly and straight. Take proper measurements if necessary, and use masking tape to mark the position before application.
5. Allow the decals/logos to set and adhere properly to the surface. Refrain from washing the vehicle or exposing it to direct sunlight for at least 24 hours after application.
6. Inspect the decals/logos for any imperfections or issues. If there are any issues arising from improperly applying or cutting, or if an attempt to install the decals inappropriately damages the paint, necessary corrective actions must be taken promptly.
IV. Paint Shop Policies and Procedures
A. Safety
1. All employees and contractors involved in the operation of a paint shop must receive safety training prior to performing any work.
2. Personal protective equipment (PPE), including eye protection, hearing protection, and respiratory protection, must be worn at all times when operating a paint shop.
3. All equipment and tools must be properly maintained and inspected prior to use to ensure safe operation.
4. All hazardous materials and waste must be properly labeled, stored, and disposed of in accordance with applicable regulations and best practices.
5. All accidents, incidents, and near misses must be reported immediately to the appropriate supervisor or safety officer.
B. Spray Guns and Equipment
1. All spray guns and other painting equipment must be properly maintained and inspected prior to use to ensure safe operation.
2. All spray guns and other painting equipment must be properly cleaned and maintained after use to ensure a high-quality, consistent finish.
3. All spray guns and other painting equipment must be properly calibrated and adjusted in accordance with manufacturer guidelines and best practices.
C. Respiratory Protection
1. All employees and contractors involved in the operation of a paint shop must wear appropriate respiratory protection during all painting and finishing processes.
2. Respirators must be properly fitted and maintained to ensure adequate protection.
D. Safety and Compliance
1. All applicable safety regulations and best practices must be followed during the operation of a paint shop.
2. All hazardous materials and waste must be properly labeled, stored, and disposed of in accordance with applicable regulations and best practices.
3. All employees and contractors involved in the operation of a paint shop must be trained in the proper use and handling of hazardous materials and waste.
4. All necessary permits and licenses must be obtained prior to the operation of a paint shop.
5. All required documentation and record keeping must be maintained in accordance with applicable regulations and best practices.
6. Our proposal confirms that we can acquire and uphold the insurance requirements specified in the contract documents. Should we be granted a contract based on this RFP, we commit to carrying the insurance without any reservations or exclusions.
V. Training and Record Keeping
A. All employees and contractors involved in heavy-duty vehicle repair and maintenance and the operation of a paint shop must receive appropriate training prior to performing any work.
B. Training must be provided on an ongoing basis to ensure compliance with applicable regulations and best practices.
C. All training records and documentation must be maintained in accordance with applicable regulations and best practices.
VI. Compliance and Enforcement
A. Compliance with these policies and procedures is mandatory for all employees and contractors involved in heavy-duty vehicle repair and maintenance and the operation of a paint shop.
B. Violations of these policies and procedures may result in disciplinary action up to and including termination.
C. All violations must be reported to the appropriate supervisor or safety officer.
VII. Revision History
A. These policies and procedures are subject to revision and update as necessary to ensure compliance with applicable regulations and best practices.
B. All revisions and updates must be documented and communicated to all affected employees and contractors.
iv. Respiratory Protection Program
JOB NAME: Painters
Policy Statement
The guidelines listed above are necessary to maintain a safe working environment at Fleet Painting. Inc. Failure to follow these policies and procedures could result in serious personal injury and disciplinary action, up to and including discharges. Any questions regarding this program should be directed to the Pla nt Manager.
Program Administrator
The company has designated Abel Bautista as the Program Administrator. He is knowledgeable in this program and will oversee its implementation. He shall conduct evaluations of the workplace as necessary to ensure that the provisions of the current written programs are being effectively implemented and that it continues to be effective.
Selection of Respirators
After due evaluation of the respiratory hazards in the workplace, it has been determined that NIOSH certified respirator U.S. Safety Model 100M00 should be used in this area.
Medical Evaluation
A medical evaluation to determine the employee's ability to use a respirator will bee administered to all employees required to use a respirator in the workplace.
The company will have a physician or a licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial medical examination that obtains the same information as the medical questionnaire.
The medical questionnaire and examinations shall be administered confidentially during normal working hours or at a time and place convenient to the employee.
The following information must be provided to the PLHCP before a recommendation concerning an employe e's ability to use a respirator:
◦ The type and weight of the respirator to be used.
◦ The duration and frequency of respirator use.
◦ The expected physical work effort.
◦ Additional protective clothing and equipment to be worn. ◦ Temperature and humidity extremes that may be encountered.
The PLHCP shall provide the company and employee with a written recommendation regarding the employee's ability to use a respirator.
Additional medical evaluations shall be conducted upon changes in conditions and recommendations by the Program Administrator.
Fit Testing
Before an employee is required to use a respirator with a negative or positive pressure tight-fitting face piece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. The employee shall pass an appropriate qualitative fit test (QLFT) or quantitative fit test (ONFT) prior to initial use of the respirator and at least annually thereafter.
Additional fit tests must be conducted whenever condition s develop that could effect the respirator fit.
Use of Respirators
Employees with facial hair of any other condition, such as other personal protection equipment that interferes with the face -to-face piece seal or valve function shall not be permitted to use a respirator. All individuals who use a tight fitting respirator are to perform a user seal check to ensure that an adequate seal is achieved each time the respirator is put on. The respirator manufacturers recommended user seal check method shall be used.
When there is a change in work area conditions or degree of employee exposure or stress that may affect respirator effectiveness, the company shall reevaluate the situation. If the employee detects vapor or gas breakthrough, change in breathing resistance, or leakage of the fact piece, they should vacate the work area and report the circumstances to their supervisor immediately. No employee shall return to the work area until the condition has been reevaluated and the necessary corrections made. This could mean replacing the filter, cartridge or canister element before allowing the employee to return to the work area. No one should remove a respirator in a hazardous environment.
Additional instructions will be given to any employee who is exposed t o an Immediately Dangerous to Life or Health (IDLH) atmosphere.
Maintenance and Care of Respirators
The company shall provide each respirator user with a respirator that is clean, sanitary, and in good working order. All respirators will be cleaned, dis infected, and stored according to the manufacturers recommended procedures.
Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as needed, but no less than weekly. Respirators issued to more than one employee shall be cleaned and disinfected before being worn by different individuals. Respirators maintained for emergency and fit testing shall be cleaned and disinfected after each use.
All respirators shall be inspected before each use and during cleaning in ac cordance with the manufacturer's recommendations.
Identification of Filters, Cartridges, Canisters
The company shall ensure that all filters, cartridges, and canisters used in the workplace are labeled and color coded with the NIOSH approval label and that the label is not removed and remains legible.
Training and Information
Before any employee uses a respirator in the workplace, they shall receive respiratory training, and annually thereafter. The training shall include the following:
1. Explanation of the company's respiratory program and the OSHA regulations;
2. The name of the program administrator and their responsibility;
3. Why the respirator is necessary and how improper fit, usage, and maintenance can compromise the protection of the respirator;
4. What the limitations and capabilities of the respirator are;
5. Explanation of the selection process;
6. How to put on, remove, use, inspect, and check the seal of the respirator;
7. How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;
8. What the procedures are for maintenance and storage of the respirator;
9. How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators;
10. Fit testing.
Retraining shall occur when there are changes in the workplace, change in trpe of respirator, and when an employee demonstrates a lack of understanding or skill
All employees trained must be able to demonstrate their knowledge of the respiratory protection program.
Program Evaluation
The company shall conduct evaluations of the workplace to ensure that this written respiratory program is being properly and effectively implemented. The company shall regularly consult and identify any problems. Any problems that are identified during this assessment shall be corrected
Recordkeeping
The company shall establish and retain written information regarding medical evaluations, fit testing, and the respiratory program. Records of medical evaluations required must be retained and made available in accordance with 29 CFR 1910.1020.
The fit testing record should include:
1. The name of the employee;
2. Type of fit test performed;
3. Specific make, model, style, and size of respirator tested;
4. Date of the test;
5. The pass/fail results.
Respirator User Training Record
Prior to using a respirator in the workplace, I received the following training and have demonstrated knowledge and understanding of the same.
Appendix C to 1910.134: OSHA Respirator Medical Evaluation Questionnaire (Mandatory for all employees required to wear a respirator)
To the employer: Answers to questions in Section 1, and to question 9 in Section 2 of Part 1, do not require a medical examination.
To the employee:
Can you read (circle one): Yes No?
Your employer must allow you to answer this questionnaire during normal working hours, or at a time and place that is convenient to you. To maintain your confidentiality, your employer or supervisor must not look at or review your answers, and your
employer must tell you how to deliver or send this questionnaire to the health care professional who will review it.
Part A. Section 1. (Mandatory) Every employee must provide the following information who has been selected to use any type of respirator ( please print)..
Today's Date: _______________
Your Name: _______________
Your Age (to nearest year):
Sex (circle one):
Height: _______________
Weight: _______________
Job Title: _______________
Telephone number where you can be reached by the health care professional who reviews this questionnaire ( include Area Code):
The best time to contact you at this number:
Has your employer told you how
1. Why the respirator is necessary and how improper fit, usage, or maintenance can* compromise the protective effect of the respirator;
2. What the limitations and capabilities of the respirators are;
3. How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;
4. How to inspect, put on and remove, use and check the seals of the respirator;
5. What the procedures are for maintenance and storage of the respirator;
6. How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators;
7. The general requirements of the OSHA regulation 1910.134 and the company respiratory program;
8. Explanation of the selecti on process and fit testing,
Date: _______________
Name: _______________
Signature: ____________________
Social Security Number: _______________
Type of Fit Testing: _______________
Respirator Make: _______ Model: _______ Size: _______
Circle One: Pass Fail
Trainer's Signature: _________________________
Remarks:
V. HOUSEKEEPING PLAN
Policy: A and A Fleet Painting Inc will maintain clean, orderly, sanitary, and safe work areas , materials, and equipment, and eliminate or control employee exposure to hazardous conditions.
PROGRAM ADMINISTRATION
Function Name/Department Phone
Plan Administrator Abel Bautista (562)254-0721
Supervisor Elmar Mejia
Plan Administrator. The Plan Administrator will:
• Implement the housekeeping program.
• Enforce all safet y policies and procedures in this Plan.
The Administrator may designate and authorize other personnel, including managers and supervisors, to implement the requirements of this Plan.
Designees (including Supervisors ). Designees will:
• Continually conduct safety checks of work operations. • Ensure that employees follow safety procedures and policies in the Plan.
Employees. All employees must:
• Follow the procedures of this Plan and the instructions of their supervisor. • Report any unsafe or hazardous conditions or acts that may cause injury to either themselves or any other employees.
• Keep work areas uncluttered, orderly, sanitary, and free of other hazards that could result in personal injury or injury to others.
Plan Review and Update
This Plan will be reviewed annually by all supervisors and changed or updated as needed to ensure the program’s effectiveness.
DEFINITIONS
Combustible dust means a combustible particulate solid that presents a fire or deflagration hazard when suspended in air or some other oxidizing medium over a range of concentrations, regardless of particle size or shape.
Deflagration means propagation of a combustion zone at a speed that is less than the speed of sound in the unreacted medium.
Explosion means the bursting or rupture of an enclosure or a container due to the development of internal pressure from deflagration.
HAZARD ASSESSMENT
The Administrator will conduct a job hazard analysis (JHA) of [insert work area] for potential hazards. See the attached Job Hazard Analysis Worksheet for more information.
From the JHA, the Administrator will develop hazard and exposure control measures to prevent injuries and illnesses to employees. Certain areas of the building will require different types of cleaning due to differences in the types of hazards. For example, areas requiring differential housekeeping attention include:
• Entryways and lobbies
• Bathrooms
• Hallways and corridors
• Kitchen and cafeteria
• Offices
• Warehouse
JHA Revision
The JHA will be revised or updated whenever new equipment or work processes are introduced to work areas or when reviews of accident records and reevaluation of selected personal protective equipment (PPE) and/or engineering controls warrant such revision.
HOUSEKEEPING AREAS —SAFE WORK PRACTICES
Supervisors and workers will implement the following safe work practices for housekeeping in all areas of the facility.
All Working Surfaces
• Keep all walking and working surfaces clean, sanitary, and orderly. • Keep work surfaces dry.
• Clean up small spills immediately; report large spills to a supervisor. • Ensure that all walking and working surfaces and passageways are free from protruding nails, splinters, holes, or loose boards.
Floors
• Provide warning signs for wet floor areas .
• Clean up small spills immediately; report large spills to a supervisor . • Use no-skid waxes and surfaces coated with grit to create non slip surfaces in slippery areas such as toilet and shower areas.
• Immediately clean up all spilled hazardous materials or liquids according to hazardous material spill response procedures.
• Immediately repair, cover, or otherwise make safe any holes in the floor or other walking surface.
• Re-lay or stretch carpets that bulge or have become bunched to prevent tripping hazards.
• Promptly remove combustible scrap, debris, and waste, and discard them according to the waste disposal procedures.
• Keep toilets and washing facilities clean and sanitary. • Eliminate uneven floor surfaces.
Wet Floors
• Where wet processes are used, ensure that drainage channels are kept clear and that dry standing places such as mats are provided.
• Use waterproof footgear to decrease slip and fall hazards in areas that are frequently wet. • Restrict or control access to wet floors or cover them with nonslip materials.
Aisles and Passageways
• Keep aisles and passageways clear and marked as appropriate. • Tape or otherwise anchor to the floor temporary electrica l cords that cross aisles. • Clean only one side of a passageway at a time.
• Ensure there is safe clearance for walking in aisles where motorized or mechanical handling equipment is operating.
• Store materials or equipment in such a way that sharp projections will not interfere with or protrude into aisles or passageways.
• Clean up small spills immediately, and report large spills to a supervisor. • Arrange a isles or walkways that pass near moving or operating machinery, welding operations, or similar operations so that employees will not be subjected to potential hazards.
Elevated Surfaces
• Pile, stack, or rack material on elevated surfaces in a manner that will prevent the material from tipping, falling, collapsing, rolling, or spreading . • Use dock boards or bridge plates when transferring materials between docks a nd trucks or railcars .
Entryways and Exits
All entryways and exits will be kept clean, dry, and clear of all obstructions. Follow the housekeeping requirements in the Fire Exits section of this Plan.
Stairs
All stairways will be kept clean, dry, and free of debris.
No accumulation of any material will be allowed on stairs or in stairways or stairwells.
Lighting
Ensure that all halls and stairwells are well lighted to help reduce accidents and promote security. Replace lightbulbs and/or fixtures as necessary to maintain adequate lighting at all times.
FIRE AND EXPLOSION PREVENTION
Flammable and combustible materials and residues will be controlled so that they do not cause or contribute to a fire emergency.
Maintenance of Ignition Sources
Equipment and systems installed on heat- or ignition-producing equipment and processes will be maintained to prevent the accidental ignition of flammable and combustible materials.
Dry Combustibles
Keep combustibles such as paper, cardboard, wooden pallets, or rags in designated locations away from ignition sources. The accumulation of such material provides a place for a fire to start and spread quickly.
Extension Cords
• Electric extension cords will be inspected before each use and kept in good condition. • Employees will not yank cords from electrical outlets. • Tools and equipment that require grounding will be of the three -wire grounded-connection type.
• Never use extension cords to replace permanent wiring. • If an extension cord is used for temporary wiring, it must be listed by Underwriters Laboratories or another recognized testing laboratory.
• Avoid kinking or excessive bending of the cord; broken strands may pierce the insulated covering and become a shock or short-circuit hazard.
Flammable and Combustible Liquid Storage
General Safe Work Practices
• No open flames, smoking, sparks, or welding will be allowed in storage areas with flammable liquids.
• Electrical equipment must be explosion-proof if flammable or combustible liquid will be stored near such equipment.
• Keep flammable and combustible liquids away from direct sunlight and stored in a cool, dry place.
• The storage area must be well ventilated to prevent vapors from building up; the vents should be from floor to ceiling.
• Store oxidizers and other incompatible materials away from flammable and combustible liquids to prevent a dangerous reaction.
• Use secondary containment methods to make sure any spills are contained. • Return flammable and combustible liquids to their storage location immediately after use.
Containers
Store flammable an d combustible liquids in approved fire-resistant containers with self-closing lids. Ensure that such containers are grounded and bonded during any transfer of flammable or
combustible liquids between containers. These containers prevent sparks and other ignition sources from igniting the liquids stored in them. Keep the containers closed when not in use.
Used rags. Put rags soaked with flammable or combustible liquids in approved, closed containers. The containers must be kept closed to prevent vapor buildup.
Reactive Materials
Do not store reactive materials near one another. Reactive materials, when mix ed, often create an exothermic reaction, which produces heat and could cause these materials to spontaneously combust.
Electrical and Hot Equipment
• Keep combustible materials, dust, and grease away from electrical equipment and hot machinery.
• Maintain a clear access to electrical panels at all times so that they can be opened quickly in case of an emergency that requires the power to a machine or the building to be shut down.
Fire Exits
• Always keep evacuation routes clear.
• Don’t store boxes or other items in aisles, hallways, or stairwells that lead to emergency exits.
• Ensure that exit doors are kept clear on both sides so that they can be easily opened in an emergency.
Fire Extinguishers
• Fire extinguishers will not be used as hangers for coats, air hoses, electrical cords, or anything else.
• Access to extinguishers will be kept clear at all times. • Extinguishers will always be kept visible. They will not be blocked by stacks of boxes, forklifts, or other items.
Combustible Dust
Combustible dusts that accumulate on surfaces can cause a deflagration, other f ires, or an explosion. Combustible dusts are often either organic or metal dusts that are finely ground into very small particles, fibers, fines, chips, chunks, flakes, or a small mixture of these. These dusts include, but are not limited to:
• Metal dust, such as aluminum and magnesium
• Wood dust
• Coal and other carbon dusts
• Plastic dust and additives
• Biosolids
• Other organic dust, such as sugar, flour, paper, soap, and dried blood
• Certain textile materials
Criteria for Dust Cleanup
Immediate cleaning and collection of accumulated combustible dust is warranted whenever a layer of combustible dust 1/32-inch thickness (i.e., approximately the thickness of a typical paper clip) accumulates over a surface area of at least 5 percent of the floor area of the facility or any given room.
The 5 percent factor will not be used if the floor area exceeds 20,000 square feet (sq ft) , in which case a 1,000 sq ft layer of dust is the upper limit. Accumulations on overhead beams, joists, ducts, the tops of equipment, and other surfaces should be included when determining the dust coverage area. Vertical surfaces will be included if the dust is adhering to them. Likely areas of dust accumulations within a plant are:
• Structural members
• Conduit and pipe racks
• Cable trays
• Floors
• Above the ceiling
• On and around equipment (leaks around dust collectors and ductwork)
Procedures for Dust Cleanup
Routinely remove accumulations of combustible dust from elevated surfaces, including the overhead structure of buildings. Accumulations will be removed and collected in dust collectors.
Hot Work Near Dust Collection Points
The Administrator or designee will ensure that approved hot work permits are issued for any hot work in areas where hazardous levels of dust accumulations may occur. In addition, anyone who performs combustible dust collection operations near hot work on and around collection points and ductwork must receive written approval to perform such work from the issuer of the hot work permit. Dust collection operations will not be conducted while hot work operations are in progress. S
WASTE RECYCLING AND DISPOSAL
The Administrator or designee will ensure that the following waste recycling and disposal procedures are implemented in all work areas where such waste is generated:
• Scrap materials will be collected and sorted weekly for recycling or disposal. • Scrap containers will be placed near areas where the waste is produced to encourage orderly waste recycling or disposal.
• All waste receptacles will be clearly labeled (e.g., recyclable glass, plastic, metal, toxic , flammable).
• All waste containers will be emptied monthly.
• Covered metal waste cans will be provided for oily or paint-soaked waste.
HAZARDOUS CHEMICAL SPILL CONTROL
The Administrator or designee will implement procedures for the cleanup of large and smal l hazardous chemical spills at the facility. Large spills will be managed according to the facility’s
Spill Prevention Safety Plan.
Spill Prevention
Regularly cleaning and maintaining machines and equipment are ways to do this. Others are to use drip pans and guards where possible spills might occur.
Small Spills
The following procedure will be followed by all employees when a small chemical spill less than 1 cup has occurred:
1. Notify Sebastian Garibay.
2. If toxic fumes are present, secure the area (with caution tape or cones) to prevent other personnel from entering.
3. Deal with the spill in accordance with the instructions described in the safety data sheet (SDS).
4. Small spills must be handled in a safe manner while wearing the proper PPE.
5. Use absorbent material to wipe up greasy, oily, or other liquid spills.
6. Absorbents must be disposed of properly and safely.
ELECTRICAL PARTS AND EQUIPMENT
Employees will not perform housekeeping duties near live electrical parts where there is a possibility of contact, unless adequate safeguards such as insulating equipment or barr iers are provided. See the Electrical Safety Plan for information about safe work distances and other electrical hazard control procedures.
Electrical equipment will be kept free of dust, debris, and grease.
Cleaning Materials
Electrically conductive cle aning materials, including conductive solids such as steel wool, metalized cloth, and silicon carbide, as well as conductive liquid solutions, will not be used near energized parts unless written procedures authorized by the Administrator or designee that will prevent electrical contact are followed.
GENERAL STORAGE
The Administrator or designee will ensure that the following general material storage procedures are implemented:
• Store or stack materials to allow a clear space of 3 feet or more under water sprinkler heads.
• Stack cartons and drums on a firm foundation and cross-tie them where necessary to reduce the chance of their movement.
• Do not allow stored materials to obstruct aisles, stairs, exits, fire equipment, emergency eyewash fountains, emergency showers, or first aid stations. • All storage areas will be clearly marked .
MACHINES AND TOOLS
Machines
• Keep the area around machines clear of combustibles, slip and tr ip hazards, or any other debris.
• Inspect machines before use.
• Ensure that all guards are i n place and operating properly. • Follow lockout/tagout procedures when servicing or repairing a machine. • When done using the machine, put away tools and clean up both the machine and the work area.
Hand and Power Tools
• Store blades and sharp tools carefully so that they do not create a hazard when not in use. • Store new blades for band saws, circular saws, or utility knives in labeled boxes so s omeone doesn’t accidentally stick his or her hands inside and get cut. • When it’s time to discard an old blade, cover the sharp edge with tape or cardboard and discard the blade directly into a metal trash container or Dumpster. • Keep blades on utility knives sheathed or retracted when not in use.
PPE
The Administrator or designee will ensure the appropriate PPE is provided to and worn by employees performing housekeeping activities and that the PPE is in good condition.
PPE will not be used as a substitute for engineering, safe work practice, or administrative controls for preventing exposure to recognized physical or chemical hazards .
PPE for housekeeping operations include:
• Eye protection
• Gloves
• Proper shoes
• Dust masks
• Other items such as protective clothing, respirators, and hearing protection, depending on the hazards
Employees involved in housekeeping activities will implement the following PPE use and care procedures:
• Inspect PPE before each use, checking for signs of wear or damage . • Keep PPE clean.
• Store PPE properly according to instructions on labels or received during training to prevent damage or contamination from dirt or chemicals.
• Replace PPE when it is worn out, damaged, or no loner provides the protection that is required.
When performing housekeeping tasks, employees will select the right equipment for the job, including the right PPE. Employees must consult with a supervisor concerning appropriate PPE when starting a new job or housekeeping task.
INSPECTIONS
Programs related to housekeeping will be regularly monitored to ensure a high standard of sanitation and safety in all work areas, as well as to identify deficiencies . The Administrator or designee(s) will conduct regular inspections of work areas t o monitor hazards and ensure that housekeeping safe work practices are implemented.
The Administrator or designee(s) will develop housekeeping inspection schedules and checklists for each work area with specific hazards or work processes that differ from those found in the facility as a whole.
Frequency of Inspections
The frequency of inspections for each work area will be determined by identification of hazards and hazard control recommendations from hazard assessments, deficiencies identified in previous inspections, frequency of changes in work processes, and any other factors that may affect compliance with housekeeping requirements and policies.
At a minimum, inspections of all work areas will be conducted monthly. Surprise inspections may be conducted at any time.
Inspection Documentation
Copies of inspection checklists or reports will be kept at 13563 12th Street Chino Ca 91710. Each report will be maintained for 3 years after the date of the inspection.
EMERGENCIES
The Administrator or designee will ensure that:
• All evacuation routes are clearly marked and unobstructed. • Access to fire extinguishers and other emergency equipment is unobstructed. • All emergency-related signs, placards, posters, notices, and markings are cle arly visible and legible at all times.
• All used emergency and fire -fighting equipment is replaced.
Post-emergency cleanup operations will be conducted by personnel trained and authorized to perform specific cleanup tasks.
TRAINING
Sebastian Garibay will provide housekeeping training to all employees at the time of hire and as needed thereafter.
Supervisors will provide safety meetings or talks to employees as a group every month and to individual employees who fail to follow safe procedures.
Training Records
Training will be documented with employee sign-in sheets, date of training, and the training session agenda.
RECORDKEEPING
Copies of all hazard assessments and inspection checklists will be maintained at 13565 12th street Chino Ca 91710 for 3 years.
5. Project Team
a. Organizational Chart
President/Director of Operations: Abel Bautista
Office Manager/Quality Assurance Assistant: Cristian Barajas Supervisor - Bodyman: Eduardo G
Office Administrator: Kimzie Bautista
Assistant to Office Administrator: David Valdez
Production Supervisor: David G
Quality Assurance Director: Abel Bautista
Estimators:
• Abel Bautista
• Sebastian G
• Cristian B
• David V
Abel Bautista
Cris tian Barajas
Eduardo G
Team 6
Team 5
Hilario T
Elmar
Sebas G
Team 2
Team 3
Team 4
Kimzie B
David V
Team 8 Team 9
Team 1
• Kimzie B
• Team 1:
• Painter: Ernesto F
• Painter Helpers:
• Francisco H
• Jofter B
• Angel T
• Team 2:
• Painter: Alfredo T
• Painter Helpers:
• Mirella G
• Carlos H
• Lorena V
• Team 3:
• Painter: Sebastian G
• Painter Helpers:
• Danny V
• Isidro V
• Jesus V
• Team 4:
• Painter: Javier J
• Painter Helpers:
• Kevin M
• Jose Espino
• Murillo Silvero
• Team 5:
• Painter: Rudy O
• Painter Helpers:
• Roger M
• Alex S
• Team 6:
• Bodyman: Juan T
• Painter Helpers:
• Roberto A
• Humberto G
Team 8:
• Carlos F (Welder)
• Rudy T (Welder)
• Ernesto T (Welder)
• Irwin G (Welder)
• William Mcgeorge (Welder)
Supervisor: Hugo C
Team 9:
• Louie D (Mechanic)
b. Size of Project Team
• Painters: 13
• Estimators: 5
• Mechanics: 2
• Painter Helpers: 11
• Bodyman Welders: 6
• Class A Drivers: 3
• Welders: 6
Total: 42
c. Job Description:
President/Director of Operations:
• Develop and implement the organization's strategic plans in alignment with its mission and objectives
• Oversee the organization's day-to-day operations and ensure its financial sustainability • Develop and maintain relationships with key stakeholders such as customers, suppliers, and regulatory bodies
• Lead the organization's senior management team and foster a positive work culture that aligns with the organization's values
• Ensure that the organization complies with all applicable laws and regulations
Office Manager/Quality Assurance Assistant:
• Manage the day-to-day operations of the organization's administrative and quality assurance functions
• Develop and implement processes and procedures that promote efficient and effective workflow and compliance with quality standards
• Support the organization's senior management team in the development and implementation of policies and procedures
• Monitor and report on key quality indicators to senior management • Manage relationships with external partners and vendors as required
Supervisor - Bodyman:
• Supervise the work of a team of body repair technicians and ensure that quality standards are met
• Develop and maintain relationships with customers to ensure their satisfaction with the work performed
• Schedule work and assign tasks to the body repair team based on their skills and experience
• Monitor and report on key performance indicators such as productivity, efficiency, and quality of work
• Ensure that all work performed complies with relevant safety regulations and s tandards
Office Administrator:
• Manage the day-to-day operations of the organization's administrative functions, financial administration, and human resources
• Develop and implement processes and procedures that promote efficient and effective workflow
• Maintain accurate financial records and prepare financial reports as required • Manage relationships with external partners and vendors as required • Support the senior management team in the development and implementation of policies and procedures
Assistant to Office Administrator:
• Provide administrative support to the Office Administrator as required • Maintain accurate records of administrative and financial transactions • Assist in the preparation of financial reports and other administrative tasks • Manage relationships with external partners and vendors as required • Provide support to other members of the organization's administrative team as required
Production Supervisor:
• Supervise the work of a team of production workers and ensure that quality standards are met
• Develop and maintain relationships with customers to ensure their satisfaction with the work performed
• Schedule work and assign tasks to the production team based on their skills and experience
• Monitor and report on key performance indicators such as productivity, efficiency, and quality of work
• Ensure that all work performed complies with relevant safety regulations and standards
Quality Assurance Director:
• Develop and implement quality assurance processes and procedures that promote efficient and effective workflow
• Ensure that all work performed meets relevant quality standards and regulatory requirements
• Monitor and report on key quality indicators to senior management and other stakeholders
• Develop and maintain relationships with customers to ensure their satisfaction with the work performed
• Provide leadership and guidance to the organization's quality assurance team
Estimators:
• Prepare estimates of the cost and time required to complete repair work or other services
• Use knowledge of repair techniques and industry standards to ensure that estimates are accurate
• Collaborate with the organization's senior management team and body repair technicians to ensure that estimates are feasible and meet customer expectations • Monitor and report on key performance indicators such as the accuracy of estimates and customer satisfaction with the estimate process
Painter:
• Perform painting and related duties on a variety of vehicles and other equipment • Follow safety procedures and ensure that all work performed complies with relevant safety regulations and standards
• Use knowledge of paint application techniques and industry standards to ensure that the finished product meets quality standards and customer expectations • Maintain accurate records of invoices, work orders, and other related documents and ensure that they are properly stored and easily accessible.
Bodyman:
• Repair and restore damaged vehicles to their original condition • Replace and repair damaged parts, sand, and paint as necessary • Have a thorough understanding of auto body repair techniques • Work independently or as part of a team
Welders:
• Weld and fabricate metal parts to repair or modify vehicles • Read and interpret blueprints and work orders
• Have a strong understanding of welding techniques and metallurgy • Operate various welding equipment, including MIG, TIG, and stick welders • Perform routine maintenance on welding equipment
Class A Drivers:
• Safely operate a tractor-trailer combination or other large commercial vehicle to transport goods and materials
• Have a valid Class A commercial driver's license and a clean driving record • Adhere to federal and state regulations regarding the transportation of hazardous materials
• Maintain accurate records of their driving time and vehicle maintenance • Communicate effectively with dispatchers and other team members • Perform routine maintenance on their vehicles.
A and A Fleet Painting Approach to Accomplish Scope of Work
Scope of Work: A and A Fleet Painting will provide repair and painting services for commercial vehicles, including trucks, trailers, buses, and vans. The services to be provided include but are not limited to:
1. Surface preparation: This includes sandblasting, power washing, and cleaning the surface to ensure proper adhesion of the paint.
2. Repair: A and A Fleet Painting will repair any damage to the vehicle's body, including dents, scratches, and rust. The company will use high-quality materials and techniques to ensure that the repairs are long -lasting
3. Painting: A and A Fleet Painting will use high-quality paint and apply it using a spray gun to ensure a smooth and even finish. The company will also ensure that the paint color matches the original color of the vehicle.
4. Customization: A and A Fleet Painting will provide customization services, for adding vinyl graphics designs, logos, and lettering to the vehicle to older style bus to match to as best as possible to New Design
Detailed Proposal:
1. A and A Fleet Painting Inc. will provide class A drivers with insurance to handle the pick - up and return of buses to 400 So. Taylor Ave. Montebello, CA 90640, between 8:00 – 5:30 pm from Monday to Friday.
2. A detailed estimate will be provided to the client, including the cost of materials, labor, and any additional services required. The estimate will also include a timeline for completion of the work.
3. Once the estimate is approved by the client, A and A Fleet Painting will begin the repair process
4. The first step will be to prepare the surface of the vehicle. This include s removing all decals and logos, sanding, power washing, to remove any dirt, grease, or debris. Then we will use special surface cleaner to remove grease prior to primer application
5. Next, any necessary repairs will be made to the vehicle's body. This may include fixing dents, scratches, rusted areas, or frame.
6. Bumpers will be detached, appropriately cleaned, and then painted black. If any rubber bumper modules are found defective and un-repairable, they will be quoted for replacement.
7. Rubber fender flares will be cleaned, painted, and reinstalled. Warped or broken flares will be replaced in sets of four. Necessary parts, such as hinges, prop rods, and latches, will be replaced as per requirement. Parts like exterior lights and fender flares will be removed for the painting process.
8. After the repairs are complete, the vehicle w ill be painted using a spray gun to ensure a smooth and even finish. The bus surfaces will be prepared using Northstar S10 Cleanwipe, primed using Northstar Coatings' EP210-series Epoxy Primer, and painted with Northstar 990-WB9791 Z-1 Oxford Bright White Basecoat. Clear coating will be done using Northstar MS210 Clear.
9. Once the paint has dried, any customization requested by the client will be added to the vehicle, such as graphics, logos, or lettering. A and A Fleet Painting Inc. will use approved materials and inks for the City’s decals/logos. The decals will be digitally printed on 3M 180C-10 White Vinyl with the necessary lamination. The 3M 180C Series Vinyl will be used for Roof, Interior, Exterior, & CA Numbers.
1. See section Understanding the Paint Cu ring Process and Its Importance for more information regarding dried paint or “curing”
10. Finally, A and A Fleet Painting will conduct a final inspection of the vehicle to ensure that the work has been completed to the client's satisfaction.
11. The client will be asked to inspect the vehicle and provide feedback. If any issues are identified, A and A Fleet Painting will make any necessary corrections to ensure complete satisfaction.
12. Upon completion of the work, the client will be provided with a detailed invoice, including a breakdown of all costs, materials used, and labor charges.
13. A and A Fleet Painting will stand behind its work and provide a warranty 5 years on all repairs and painting services performed.
Work Plan
I. Vehicle Inspection and Assessment
A. Inspect the vehicle to identify all damage, including dents, scratches, and rust.
B. Determine the extent of the damage and identify any structural or safety concerns.
C. Prepare a detailed estimate of the repair costs and submit it to the customer f or approval.
D. Once the estimate is approved, work will commence on the repairs.
II. Preparation and Disassembly
A. Remove all damaged parts and components from the vehicle, including the hood, doors, fenders, and bumpers.
B. Clean the surfaces to be painted using a suitable cleaning agent.
C. Mask off any areas that will not be painted.
D. Sand and prep all surfaces to ensure proper adhesion of the paint.
III. Paint Application
A. Mix the paint according to the manufacturer's instructions.
B. Apply the paint in multiple thin coats to achieve the desired color and finish.
C. Allow the paint to dry completely between coats.
D. Apply clear coat to protect the paint and provide a glossy finish.
IV. Reassembly and Quality Control
A. Reinstall all repaired and replaced parts and components.
B. Perform a thorough quality control inspection to ensure that all repairs meet industry standards and customer expectations.
C. Test drive the vehicle to ensure proper performance and alignment.
V. Safety and Compliance
A. Follow all applicable safety regulations a nd best practices during the operation of the paint shop.
B. Properly label, store, and dispose of all hazardous materials and waste in accordance with applicable regulations and best practices.
C. Ensure that all employees involved in the operation of the paint shop are trained in the proper use and handling of hazardous materials and waste.
VI. Training and Record Keeping
A. Provide appropriate training to all employees involved in the repair and maintenance of vehicles and the operation of the paint shop.
B. Maintain accurate training records and documentation in accordance with applicable regulations and best practices.
VII. Compliance and Enforcement
A. Ensure that all employees involved in the repair and maintenance of vehicles and the operation of the paint shop comply with all policies and procedures.
B. Take appropriate disciplinary action for any violations of these policies and procedures.
C. Report all violations to the appropriate supervisor or safety officer.
Understanding the Paint Curing Process and Its Importance
Paint curing is an essential step in the vehicle painting process, and its significance cannot be overstated. Here's a breakdown of the curing process and its intricate details:
1. Composition of Paint:
A. The paint used for vehicles contains various components, including reducers, hardeners, polyester materials, and pigments. These components are combined in specific mixing ratios to produce the paint mixture.
2. Application of Paint:
A. Once the paint is applied to the surface of a vehicle, it takes about seven weeks for the solvents to evaporate completely. Solvents are crucial for making the paint mixable and sprayable.
3. Drying Process:
A. Hardeners in the paint create a 'dry to the touch' surface, making the outer layer hard. However, this traps the solvents inside.
B. The trapped solvents are pushed out when the temperature fluctuates - expanding with heat and contracting with cold. This process is known as "hazing," which can dull the paint's finish.
C. Using slow reducers can mitigate hazing. In contras t, using accelerators or fast hardeners can exacerbate the problem.
4. Cross-linking:
A. Over a period of seven weeks, the solvents evaporate, allowing the isocyanates, pigments, and polyester resins in the paint to cross-link. Cross-linking refers to the chemical bonds forming between these components, ensuring the paint's durability and finish.
B. It's vital to avoid applying decals or wax during this period, as trapping solvents can lead to delamination - a defect where the paint doesn't adhere to the surface properly.
5. Potential Risks:
A. If a fresh paint job comes into contact with new solvents, it can reverse and wrinkle. To prevent this, a primer seal can be used to seal off the reducers and prevent reactions with new solvents.
B. After the seven-week period, the paint is devoid of solvents, making it safe for further applications or repairs.
6. The Seven-Day Compromise:
A. While waiting seven weeks for the paint to be cured fully is ideal, often, due to client demands, waiting that long is not feasible.
B. Allowing the paint to cure for at least seven days can significantly reduce the risks associated with fresh paint. Although not foolproof, waiting a week minimizes potential issues like solvent pop and delamination.
C. By allowing this seven-day window, you reduce potential risks by approximately 40%.
In conclusion, understanding and respecting the paint curing process is essential to ensure the longevity, durability, and finish of a paint job. While compromises can be made in urgent situations, it's always recommended to allow the paint to cure for as long as possible to achieve the best results.
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
36 Montebello Bus Lines
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,
RFP No. 23-11
37 Montebello Bus Lines
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
RFP No. 23-11
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:
REQUEST FOR PROPOSALS (RFP)
Exterior Bus Graphics Decal Replacement and Repainting Services RFP No. 23-11
Issued by: A and A Fleet Painting Inc
Date of Issue: August 9, 2023
Written by: Cristian Barajas
Approved by: Abel Bautista
Proposal Submission Deadline: August 10, 2023
Business Name: A and A Fleet Painting Inc
Business Address: 13565 12th Street, Chino, CA 91710
Business Website: http://www.aafleetpaintinginc.com
In line with our proposal submission for RFP No. 23-11 concerning Exterior Bus Graphics Decal Replacement and Repainting Services, we at A and A Fleet Painting Inc hereby commit to the following:
1. Insurance Compliance: Our proposal includes a definitive statement affirming our ability and intention to acquire and uphold the insurance requirements detailed in the contract documents. We pledge to maintain these insurance requirements without any reservations or exclusions should we be awarded the contract pursuant to this RFP.
2. Insurance Requirements Overview:
• Commercial General Liability Insurance: Using ISO Commercial General Liability form CG 00 O1 or its equivalent, defense costs inclusive. Limits shall be a minimum of $1,000,000 per occurrence.
• Business Auto Coverage: ISO Business Auto Coverage form CA 00 O1 or its equivalent, with limits of no less than $1,000,000 per accident. • Workers' Compensation Insurance: Statutory benefits as required by law with employer's liability limits of no less than $1,000,000 per accident. • Professional Liability or Errors and Omissions Insurance: Coverage designed to protect against acts, errors, or omissions with policy limits of no less than $2,000,000 per claim.
• Policy Modifications: We assure that no insurance coverage under the agreement will be non-renewed, canceled, reduced, or otherwise modified by our insurance carrier without a prior 30-day written notice to the City of Montebello. • Submission of Proof: Prior to commencing work, we will submit the necessary insurance certificates and endorsements, executed on City's standard forms, indicating compliance with the stipulated insurance requirements.
We are dedicated to ensuring full compliance and fulfilling all obligations as outlined. We thank you for considering our proposal and look forward to the possibility of working closely with the City of Montebello on this esteemed project.
Sincerely,
Abel Bautista
President
A and A Fleet Painting Inc
Phone: 562-254-0721
Email: A and A Fleet Painting Inc
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, costs, 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. 23-11 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. Indemnitor 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 misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence 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, concurrent, 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: ________________________________________
RFP No. 23-11
Montebello Bus Lines
EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
RFP No. 23-11
Montebello Bus Lines
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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RFP No. 23-11
Montebello Bus Lines
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.)
RFP No. 23-11
Montebello Bus Lines
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:
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
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4131
WITH A and A FLEET PAINTING, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on September 27 , 20 23 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and A and A Fleet Painting, Inc., a Cal ifornia corporation ( the “ CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
W HEREAS , the CITY desires to retain a qual ified professional CONTRACTOR to remove and install new decals/logos, bus numbers, and California numbers, for fifty (50) active Hybrid and CNG New Flyer low -floors buses for the City’s Transportation Department; and
WHE REAS, the CONTRACTOR represents that it is fully qualified to perform such services by vi rtue of its experi ence and the training, education and expertise of its principals and employees; and
W
HEREAS, the CONTRACTOR represents the degree of specializ ed 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 W
HEREAS, no official or employee of the CITY has a fin ancial inte rest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
W
HEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated June 15, 2023 (“RFP No. 2 3-11”), as such is set forth fully in Exhibi t “A” hereto and incorporated fully herein by this reference (hereinafter “Cont ractor Proposal”).
NOW THEREFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1 . INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A.
The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following document s, in or der of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. Thi
s Agreement comprised of Sections 1 through 25.
b. RFP No. 23-11, attached hereto as Exhibit “A.”
c. CO
NTRACTOR’S Proposal to RFP No. 23-11 dated August 9 ,
202
3, attached hereto as Exhibit “B”.
d. CONTRACTOR’S “Best and Final Offer” t o RFP No. 23 -11 dated August 31, 2023, attached hereto as Exhibit “C”.
ATTACHMENT D
PROFESSIONAL SERVICES AGREEMENT NO. 4131
e. All other documents, including but not limit ed to all applicable bonds, insuranc e certif icates, permits, n otices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
SECTION 2. S ERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP No. 2 3-11 and Contractor ’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully her ein by this r eference ( hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed- upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a s um not-to-exceed Eight Hundred Ninety-Four Thousand, Nine Hundred and Fifty D ollars ($894,950 ) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “ C”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Serv ices set forth herein. Paym ent in full of an i nvoice must be rec eived by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen ( 15) days o f invoice date by w ritten notice spec ifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
F. Contingency Funding. CONTRACTOR ackno wledges and
understands that CITY has reserved contingency funds to be awarded to CONTRACTOR in addition to the Compensation defined above if and only if all of the following conditions are met:
1) U pon inspection of CITY ’s Transit b uses, CO NTRACTOR, using its best and experienced judgment det ermines that CITY requires additional parts, body panels, doors, supplies, and fixtures not included in Exhibit “A and B”; and
2) CONTRACTOR submits in writing t o CI TY work spec ifications an d projected costs associ ated with extra parts, body panels, doors, supplies, and fixtures; and
3) CITY has an opportunity to review, comment, and request revisions and/or recommendations to such parts, supplies, and fixtures; and
PROFESSIONAL SERVICES AGREEMENT NO. 4131
4) C ITY approves the purchase of such parts, supplies, and fixtures and both Parties execute a binding “First Amendment” to this Agreement for the purpose of awarding CONTRACTOR additional funding from CITY’s approved Continency Amount in an additional amount of up to, and including, Thirty-Five Thousand Dollars ($35,000); and
5) CONTRACTOR receives a written Notice to Proceed from CITY specifically for the requested parts, supplies, and fixtures.
SECTION 3. T ERM.
This Agreement shall commence on September 27 , 2023 , and shall termi nate upon completion o f the Scope of Services set forth herein; provided such shall be on or before March 26, 202 5 (“Date of Completion”), unless such deadline is extended in writing by a further agreement between the Parties or the Agreeme nt is terminated sooner as provided i n Section 8 herein.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all tim es, faithfu lly, competently, and to t he best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR sh all employ, at a minimum, genera lly accepted standards a nd practices utilized by companies engag ed in providing sim ilar services, as a re required of CONTRACTOR hereunder, in meeti ng its o bligations under this Agreement.
c. The CONTRACTOR sh all b e knowledgeable of a nd su bject to a ll CITY ordinances, rul es and regul ations, standard oper ating pr ocedures, and t he supervisory chain of command.
d. The CONTRACTOR shall have t he rig ht to retai n, subj ect to the CITY's ap proval, additional individuals, co ntractors or sub contractors to assist in the compl etion of services as herein define d. C ompensation for addition al individuals, contractors or sub contractors sh all be the sole and excl usive responsibility of the CONTRACTOR.
e. The CONTRACTOR sh all re tain al l original report s, fiel d an d offi ce notes, correspondence, calcul ations, maps , an d other documents specificall y related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to t he a ttorney- client privilege or any other law. Said do cuments sh all be made ava ilable for inspection by the CITY upon request.
SECTION 5. WOR K PRODUCT.
a. The CONTRACTOR hereby agrees that all non- proprietary w ork product produced pursuant t o this Agreement, and provided to the CITY during and upon compl etion of this Agreement, sh all be t he property of t he CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retai n co pies of such wr itten p rod ucts as desired, but no such written products sh all be the subje ct of a copyrig ht app lication by the CONTRACTOR.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
b. All dat a, do c uments, discussion, or other information develop ed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. T he CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY upon the termination or expir ation of this A greement. The CONTRACTOR agree s that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTR A SERVICES.
No ex tra ser vices over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement u nless such extra servi ces first shall have been d uly authoriz ed in wri ting by t he CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have t he right of general supervision of all work performed by the CONTRACTOR and sh all be the CITY’s agent with r espect to obtaining the CONTRACTOR’s compliance hereunder.
SECTION 8. T ERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this A greement at the time and i n 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 pr ovisions of t he 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 aft er the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) d ays cease and terminate. Violations by the CONTRACTOR which cannot be c orrected within ten (10) days, said cont ract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and a t the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY for any excess c ost occasioned in the event of any such termination. This change shall not be construed to p revent the termination, for other causes au thorized by law or other provisions of this contract.
In the event of a termination for caus e, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience . T he CITY shall have t he option, at its sole discretion and without cause, to terminate this Agreement in wh ole, or in part, by giving t en ( 10) business day s’ written n otice to the CONTRACTOR. Upo n the termination of this A greement a s pro vided herei n, t he CITY sh all provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR f or services the CONTRACTOR had compl eted as of t he date of termination, l ess t he amou nt of al l pre vious payment with resp ect to t he
PROFESSIONAL SERVICES AGREEMENT NO. 4131
Compens ati on. Further, upon such a termination for convenience by the CITY, the Parties agr ee that the CONTRACTOR sh all be reimbur sed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: ( 1) such “non- refundabl e” costs w ere i ncurred by the CONTRACTOR prior to the date of termination, and ( 2) th at the CONTRACTOR provides t he CITY with adequat e proof that the CONTRACTOR incurred the costs, and is una ble to be seek a refun d for such costs. Such “non- refundable” costs may include, but are not limited to, travel res ervations incurred by the CONTRACTOR f or its perfo rmance of services under this Agreement . The CONTRACTOR agrees t o cease all w ork under this Agreement on o r b efore t he effective date of any notice of termination.
SECTION 9. EMP LOYMENT OF CITY EMPLOYEES.
No regul ar employ ee of t he CITY sh all be employ ed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON- LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which m ay become due to the CONTRACTOR.
SECTION 11. I NDEPENDENT CONTRACTOR.
a. T he CONTRACTOR i s and shall , at al l times, remain as t o the CITY a wholly independent contractor. Neither t he CITY nor an y of its el ected o fficials, officers, employee s, or a gents sh all h ave control o ver t he conduct of th e CONTRACTOR except as ex pressly set forth in this Agreeme nt. Th e CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elect ed official, o fficer, employ ee, or agent of t he CITY. N o employee benefits sh all be availa ble to the CONTRACTOR in connecti on with the performan ce of this Agreement . Except as provided in this A gr eement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereund er f or the CITY, the CITY shall not b e liable fo r compensation to the CONTRACTOR, the CONTRACTOR’s em ployees o r the CONTRACTOR’s sub contractors f or injur y or sickness arisi ng out o f performing services hereunder.
b. T he
parti es fu rther ackno wledge and agr ee that nothi ng in this Agreement sh all create or be constr ued to create a partnership, joint ventur e, employment rel ationship or a ny other rel ationship e xcept as set f orth in this Agreement.
c. T he CITY sh all not dedu ct fr om t he Compe nsation paid to the CONTRACTOR a ny sums requir ed for S ocial S ecurity, withholding tax es, F ICA, state disab ility insurance or any other fed eral, state or l ocal t ax or charge which may or may not be in effect or hereina fter enact ed or requir ed as a charg e or withholding on t he compensation p aid to the CONTRACTOR. The CITY sh all have no r esponsibility t o p rovide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such f act a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such no tification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this A greement remains in place, the CONTRACTOR shall execute any amendment(s) to this A greement requested by the City in order to comply with all laws and r egulations applicable to CalPERS annuitants.
b. In t he event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims o r is d etermined by a court of competent jurisdiction or CalPERS t o be eligible for enro llment i n CalPERS as an employee of t he CITY, the CONTRACTOR sh all ind emnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions f or CalPERS benefits on behalf of the CONTRACTOR or its employees, agents, or sub contractors, as well as for t he payment of a ny p enalties and i nterest on such con tributions, which would ot herwise be t he responsibility of the CITY.
c. N otwithst anding any other agency, state or feder al p olicy, rul e, regulation, law or ordinance to t he co ntrary, the CONTRACTOR and any of its employees, a gents, a nd sub contractors providing service under this A greement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit , o r an y i ncident o f employment by the CITY, including but not limited to e ligibility to enroll in P ERS as an employee o f the CITY and entitl ement to any con tribution to be p aid by t he CITY f or employ e r contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGA L RESPONSIBILITIES.
The CONTRACTOR shall at all tim es observe and comply with all app licable laws, ordinances, c odes, and reg ulations of the f ederal, stat e, and loc al g overnments including, but not limited to the Montebe llo Mu nicipal Cod e. T he CITY, and its appointed or elected officers, employees, or agents, shall not be liable at l aw or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. I NDEMNIFICATION.
The CONTRACTOR agrees to, and shal l d efend, ind emnify, protect a nd h old harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteer s from and ag ainst an y a nd all claim s, demands, lawsuit s, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may b e impo sed upon them for injuries or deaths of persons, or dama ge t o property to the extent caused by the CONTRACTOR’s neg ligent or wrongful act, or omission under the terms of this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
SECTION 15. I NSURANCE COVERAGE.
a. D uring t he term of this Agreement, the CONTRACTOR shall carry, maintain, and kee p in ful l force and e ffect i nsurance agai nst claims f or de ath or injuries to p ersons or damages to property that m ay arise from or in connection with CONTRACTOR’s performance of this Agreement. S uch insurance shall be of the types and in the amounts as set forth below:
• Commercial Gen eral Liabil ity (CGL) : Insurance Services O ffice Form CG 00 01 covering CGL on an “occurr ence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than One Million Dollars and Zero Cents ($1,000,000), combined single li mits, per occur rence. If a g eneral aggregate limit applies, the limit shall be twice the required oc currence limit.
• Business Aut omobile Lia bility Insu rance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 ( non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• W
orker's Compensation insurance as requir ed by t he laws of t he State o f California, with St atutory L imits, and Employ er’s Lia bility I nsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Lia bility insurance appropriate to the CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Such coverage may be co mbined with the Commercial General Liability limits.
b. The CONTACTOR sh all require each of its sub contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
c. T he p olicy or p olicies requir ed by this A greement sh all be issued by an insurer admitted in the State of California and with a current r ating of at least A :VII in the latest edition of Best's Insurance Guide.
d. E ac
h insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has be en giv en to t he C ITY. The CONTRACTOR agrees that if it does no t keep the aforesaid insurance in full force and e ffect the CITY may either (i) immediately terminate this A greement for Cause; or (ii) take out t he necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
e. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and upon renewal of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
PROFESSIONAL SERVICES AGREEMENT NO. 4131
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
f. Coverage shall n ot be suspended, voided, cancelled, reduc ed in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer t o the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case t en (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement , the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof tha t p olicies of insurance required herein e xpiring duri ng t he term of this Agreement have be en renew ed or replaced wit h other policies providing at least t he same coverage. S uch proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers shall be included as additional insureds, to the extent of CONTRACTOR’S indemnification obligations under this Agreement and up to the required insurance coverage amount, on the CONTRACTOR’s general liability and automobile policies of insurance
j. T he general liability and automobile policies of insurance required b y this Agreement sh all contain an endorsement including the CITY, its officers, employees, agents and volunteers as additional insureds where required by written contract. Coverage may be provided by a blanket endorsement that covers additional insureds where required by written contract. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. T he i nsurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. A ny i nsurance or self-i nsurance maintained by the CITY, its o fficers, employees, agents, or volunteer s, sh all be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All i nsurance cov erage pro vided pursua nt t o this A greement sh all n ot prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, fr om waiving t he right of subrogati on prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
m. A ny deductibles or self-insured retentions must be declared to and approved by the CITY. Approval of self -insured retentions and deductibles shall not be
PROFESSIONAL SERVICES AGREEMENT NO. 4131
unreasonably withheld upon CONTRACTOR’s demonstr ation of financial capacity to carry said d eductibles and self-insured retentions. At the option of the CITY, the CONTRACTOR shall procure a financial guarantee of CONTRACTOR’s parent company guaranteeing payment of losses and related claims investigation, administration and defense expenses that f all within the policy self -insured retentions and deductibles.
n. Pr ocurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full perfo rmance of CONTRACTOR’s duti es to indemnify, h old ha rmless an d defend und er the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall n ot subcon tract, d elegate, or assig n its duties or rights hereunder, either in whole or in pa rt, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any su bcontract, d elegation or assignment sh all be made in t he name o f the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any o bligations und er this Agreement i ncluding, bu t n ot limited to, t he duty to prop erly supervise and coordinate the w ork of employees, assignees, d elegees or sub-contractors. No such subco ntract, d elegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WA IVER.
Waiver by any p arty hereto of any te rm, condition or covenant of this Agreemen t shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DI SPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding t he interpretation or appli cation of an y p rovision(s) of thi s Agreement shall, to t he extent reasonably feasible, be resolved through good faith negotiations between the P arties. If any action at la w or in equity is broug ht t o enforce this Agreement or b ecause of a lleged disput e, breach, default o r misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action sh all be entitl ed to reasona ble attorney’s fee s, expert fees , costs a nd necessar y d isbursements i ncurred in that action or pr oceedi ng, in addition t o such other relief as m ay be soug ht and aw arded. T he venue f or any litigation sh all be County of Los Angel es, Ca lifornia. T he Parti es agr ee that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORN EY’S FEES AND COSTS.
If litigation is reasona bly requir ed to enforce or i nterpret t he provisions of thi s Agreement, t he prevailing pa rty in such litigation sh all be entitl ed to an award o f reasonable attorney's fees and costs in additi on to any other relief to which it m ay be entitled.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
SECTION 20. WA RRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and h as relied solely on the stateme nts expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other per son 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. MI SCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shal l n ot 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. I n 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 respec t, 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 signe d copy of this Agreement or of any other document or agreem ent 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepaid, register ed or c ertified, addr essed as h ereinafter pro vided. All notices, demands, requests, or approvals hereund er sh all be giv en t o the fo llowing addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Arlene Salazar, Acting City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Adrianna Kendricks, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 201
[email protected]
If to Contractor: A and A Fleet Painting, Inc.
Attn: Abel Bautista, President
13565 12th Street
Chino, CA 91710
(562) 254-0721
[email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed wr itten notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shal l be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In t he perfo rmance of this A greement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or app licant f or employment because o f race, color, creed, re ligion, sex, marital st atus, national origin, ancestry, age , p hysical or ment al h andicap, ment al co ndition or sexua l orientation. The C ONTRACTOR will take affi rmative action t o e nsure that sub- contractor an d a pplicants are employed, a nd that employees are treated d uring employment, without regard to their race, color, cree d, religion, sex, marital status, national origi n, a ncestry, age, ph ys i cal or ment al h andicap, medical condition or sexual orientation.
PROFESSIONAL SERVICES AGREEMENT NO. 4131
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be perfo rmed by the CONTRACTOR under this A greement, or which wo uld conflict in an y manner wit h the p erformance of its services hereunder. The CONTRACTOR fu rther co venants th at, in perf ormance of this A greement, no person having an y su ch i nterest sh all be employed by it. Fu rthermore, the CONTRACTOR sh all a void t he appe arance of havi ng an y interest that wo uld conflict in any manner with th e p erformance of its services pursuan t to this Agreement.
The CONTRACTOR covenants not to give or rec eive any compensation, monetary or otherwise, to or from the ultim ate vendor(s) of services to the CITY as a r esult of t he p erformance of this Agreeme nt, or t he servi ces that m ay be procured by t he CIT Y as a r esult of t he recommendations mad e by the CONTRACTOR. The CONTRACTOR's co venant unde r this secti on sh all sur vive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This A greement contai ns t he e ntire u nderstanding between t he CITY a nd the CONTRACTOR. A ny prior agreements, promises, negotiations or represent ations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writi ng and signed by each party. If an y term, conditi on, or covenant of this A greement is h eld by a court of competent jurisdiction to be inva lid, voi d, or unenforceabl e, t he remaini ng provisions of thi s Agreement shall be valid and binding.
[S
IGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4131
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO , a California
municipal corporation
A and A FLEET PAINTING, INC.,
a California corporation
Arlene Salazar, Acting City Manager Abel Bautista, President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 23-11
• Exhibit B – Contractor’s Proposal to RFP No. 23-11 dated August 9, 2023
• Exhibit C – Contractor’s “Best and Final Offer” to RFP No. 23- 11 dated August 31, 2023
Exhibit “A”
RFP No. 23-11
Exhibit “B”
CONTRACTOR’S PROPOSAL TO
RFP NO. 23-11 DATED AUGUST 9, 2023
Exhibit “C”
CONTRACTOR’S “BEST AND FINAL OFFER” TO
RFP NO. 23-11 DATED AUGUST 31, 2023
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4127 TO KYA
SERVICES, LLC, FOR THE TRANSIT RESTROOM RENOVATION
SERVICES REQUEST FOR PROPOSAL NO. 23-14
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4127 to KYA Services, LLC for the Restroom Renovation Services Request for Proposal No. 23-14 (RFP No. 23-14); and
2. Authorize the Acting City Manager to execute and finalize the Professional Services Agreement on behalf of the City of Montebello with KYA Services, LLC; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
On August 31, 2023 KYA Services, LLC (KYA) submitted their best and final value contract pricing of Three Hundred Sixty-Nine Thousand, Five Hundred Fifty Dollars $369,550. The total project cost was determined after MBL staff highlighted intricate details of work to be performed by the vendor. The vendor was able to revise their original proposal, placing emphasis on their technical approach to the Transit Restroom Renovation project.
While the total project cost is estimated to be $369,550, (Attachment A), it should be noted that MBL recommends reserving an additional $50,000 in contingency funds to be added to the Project budget for potential, additional change order work due to unforeseen circumstances that fall outside the established scope of work. The proposed Professional
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Services Agreement will incorporate specific provisions which will trigger the use of the Maximum Contingency under pre-defined circumstances.
The Project will be funded utilizing Transit Fund Account No. 600-90-915-6040.60, designated for Contract Services – Building Maintenance and Repairs. It should be noted that allocations for this Project were included in the adopted budget for Fiscal Year 2023- 24 and no budget amendment is necessary at this time.
BACKGROUND/DISCUSSION:
The City published RFP No. 23-14 (Attachment B), on May 25, 2023. RFP No. 23-14 was developed to solicit services for the renovation of four (4) restrooms within the Transit Department facility. The scope of work encompassed the removal and replacement of various restroom fixtures and associated components, including but not limited to: urinals, toilets, sinks, drainage systems, countertops, lighting solutions, finishes, ventilation systems, as well as heating and cooling apparatuses.
RFP No. 23-14 was published to invite proposals using PlanetBids.com, Transittalent.com, and The Wave publication. Prospective bidders were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s advertising platform, PlanetBids.com.
All proposals were due Thursday, July 20, 2023; MBL received two (2) proposals from HZS Construction Engineering & Construction Inc., and KYA. On August 8, 2023, an Evaluation Committee reviewed the two (2) proposals submitted, which precipitated a phase of continued negotiations and subsequently led to the request for revised proposal submissions from the respective vendors. The deadline for submitting revised proposals was set for August 31, 2023. The "Analysis" section below provides additional detail on the proposal review process.
ENVIRONMENTAL:
N/A
ANALYSIS:
On September 5, 2023, an Evaluation Committee, composed of four (4) raters from the Transportation and Public Works Departments, evaluated the revised proposals. The Committee utilized evaluation criteria directly aligned with the project’s scope of work. The criteria for proposal assessment were both qualitative and quantitative in nature and included:
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Based on these criteria, the Evaluation Committee produced the following scores:
KYA was selected over its competitor based on a review of various qualitative attributes, including the efficacy of their project management plan, the competency of the proposed personnel, and their overall qualifications and experience. Moreover, KYA presented the most economically advantageous proposal for the City.
KYA’s expertise in commercial construction and restroom renovation is further substantiated by an extensive portfolio of previous engagements. Noteworthy projects include restroom modernization for San Juan Unified School District, asphalt and turf replacement for the Santa Ana Unified School District, and flooring reconstruction for Newport Mesa Unified School District, among others.
Furthermore, the vendor presented a comprehensive technical approach that is characterized by both efficiency and fluidity in their proposal. Vendors were given an opportunity to clarify elements of their original proposals before they were reviewed and scored by the Evaluation Committee. KYA’s proposal revealed a comprehensive approach to the Project. Work customization options were included to fit MBL’s needs to minimize disruptions to operations throughout the renovation process.
KYA’s proposal yields substantial cost savings to the City, totaling $193,250 when compared to the next closest bid. Furthermore, their pricing structure has displayed consistency from the original submission, reinforcing their credibility and dedication to transparent pricing.
Considering these evaluations and analyses, it is recommended that the City Council award Professional Services Agreement No. 4127 to KYA Services, LLC.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
SUMMARY:
Staff recommends that the City Council award Agreement No. 4127, attached hereto in substantial form (Attachment D), to KYA Services, LLC for the Transit Facility Restroom Renovation project in an amount not-to-exceed Three Hundred Sixty-Nine Thousand, Five Hundred Fifty Dollars $369,550; authorize MBL to reserve and use $50,000 in contingency funds to be added to the Project amount at a later time only if certain conditions are met; authorize the Acting City Manager to take action necessary to execute and finalize a contract on behalf of the City and make any amendments thereto; and direct staff to take such additional, and related, action that may be desirable. This project was anticipated as part of the FY 2023-24 budget, therefore no budget amendments are needed.
ATTACHMENT(S)
1. Attachment A – Price Sheet
2. Attachment B – Request for Proposal (RFP) No. 23-14
3. Attachment C – KYA Services, LLC Proposal
4. Attachment D – Draft Agreement
NEXT STEPS:
N/A
The KYA Services LLC
1800 E Mcfadden Ave Ste 2
Santa Ana, CA 92705
P: 714-586-5543 F: 714-586-5544 C: 562-666-6988
Lic #1001904 C15 & C54, exp. 03-31-25 DIR #1000017376 exp 06-30-25 CLIENT: PROJECT:
Montebello Bus Lines Montebello Bus Lines RR Renovation Attention: Cesar Lopex
Email:
DATE:
Description:
GENERAL CONDITIONS
Permits and Approvals
Safety Compliane
Site Conditions
Demolitiom
Contract Documents
Shop Drawings
74,000.00$
TILE T-1 Emser Tile Color TBD 12" x 24" Floor - $6 Per SF 144,800.00$ T-2 Emser Tile Color TBD 6" x 6" Shower Floor - $8 per SF T-3 Emser Tile Color TBD 12" x 24" Walls - $6 Per SF
TR-1 Schluter Dilex AE Cove Pieces
TR-2 Schluter Dilex Scheine Corners Inside and Outside
TR-3 Schluter Schiene AE Tile Trim
Float Floor 1"-2" TCNA F112
RG RedGard Waterproofing and Crack Isolation Membrane Roll On Demo all existing tile and Dispose of debri
Install new Denshield
PLUMB Reconfigure Plumbing 59,850.00$
Install New Shower Fixtures
New Urinals
New Toilets
New Lavaotry's
New Trap Primers
Excavation and Sand Backfilll
Provide access Panes for plumbing
Manufactures warranties
FRAMING Reframing at damaged areas only 9,750.00$
PAINT Painitng Of Ceilings only at Restrooms, includes primers 5,790.00$ TOIL. Toilet Compartments and Screens 5 Restrooms 23,870.00$ SCRN. Restroom Accessories per plans & Specs
MILL Restroom Countertops - Quart Calacatta
WORK Fabricated Millwork for Bathroom Vanities 17,050.00$ ELC. Restrooms Demo all the lights and install new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and Exchange fan 10.5W
Change new light switches
All Lights Surface mounts will be demolitioned $ New can lights will be nstalled 23,640.00$ 08/31/23
Scope of Work:Construction of new 4 restrooms with new tile,paint,plumbing,framing,toilet screens,millwork,electrical,new mirrors
ATTACHMENT A
MIRROR10,800.00$ SCOPE: TO REMOVE EXISTING DAMAGEDMIRRORS AND INSTALL NEW ONTO RESTROOMWALL1/4" MIRROR 108" X 60"HT CUSTOMER PROVIDEDMEASUREMENTS1/4" CLEAR MIRRORFLAT POLISH EDGES21/4" MIRROR 60" X 60"HT CUSTOMER PROVIDEDMEASUREMENTS1/4" CLEAR MIRRORFLAT POLISH EDGES2MISC. MIRROR MASTICLABOR MATERIAL, TAX, AND LABOR TO REMOVE
Total Price369,550.00$ Exclusions:Fire ProtectionAccess PanelsPremuim TimeConcrete Slab EX Ray and ChippingSlurry Back FillCathodic protection tha includes electrical bonding and isolation of cast iron pipe and fittingsThank you for giving Progressive Surface Solutions, LLC the opportunity to do business with you!Add AlternatesPRICING:1) -$ 2) -$ 3) -$ QUALIFICATIONS:Price includes applicable taxes. Progressive Surface Solutions LLC. is Union with Local #1247 & #4 and all prevailing wage rates are included in the price."California Stewardship Assessment" fee is included in the contract price, for further information go to;www.calrecycle.ca.gov/Work to be performed during normal business hours Mon. - Fri. unless otherwise noted.Price excludes: asbestos abatement, removal of existing furniture, removal of existing flooring, excessive floor preparation, floorleveling, scraping or grinding, moisture vapor testing or vapor protection, heat, power, lights, cleaning, waxing, and protection. Sincerely, Represented and accepted by: Date:Andy GastelumPrinted Name619*592*0262Signature Floor Sealers and Coatings, Intumescent Coatings, Lead and AsbestosAbatement, Cabinets, Millwork, Stains, Clear Coats, Pre FinishedItems, Powder Coatings, Anti-Graffiti Coatings,High Performance/Special Coatings, Acoustic T-Bar Ceilings.This quote excludes all backing, blocking, anchor plates, caulking, any mirrors not noted above, pipewrap / under lav. Guards, installation of hand dryers (FOB jobsite only), fillers of any kind, items not shownon plans, signs, electrical, demolition, any patching / repairing of floor / wall / ceiling, final cleaning,bond. This Quotation is based on our interpretation of the plans & specifications. If not accepted within 60 days of the date stated above this quotation is void. Seller reserves the right to withdraw this proposal at any time or to correct errors or make revisions. Any alterations or deviations from above specifications involving extra costs will be executed upon and will become an extra charge over and above this estimate. Adequate backing by others is to be furnished in order to provide proper installation. Price includes standard insurance coverage of $1,000,000.00 per occurrence. Any coverage greater than this amount will be an additional fee.If Waiver of Subrogation required, please add $300.00 to contract
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-14
TRANSIT RESTROOM RENOVATION SERVICES
May 25th, 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 B
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TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Scope of Contract
Performance of Work
Access to Site
Selective Demolition
Preparation
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 – STATE AND LOCAL REQUIREMENTS 17-19 Compliance with the Law
Prevailing Wages
Payroll Records
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Hours of Work
Registration with the Department of Industrial Relations Classification of Contractor’s License
Ineligible Contractor or Subcontractor
Contract with Debarred Subcontractor is Void
Apprentices
SECTION 4 – OTHER REQUIREMENTS 19-22 Contract Documents
Clean Air/ Water Pollution/ Energy Conservation
Bond Requirements
Seismic Safety
SECTION 5 - QUALIFICATIONS 23
SECTION 6 - SCOPE OF WORK 23-26
SECTION 7 - FORM OF CONTRACT (SAMPLE) 27-40
SECTION 8 - FORMS AND CERTIFICATIONS 41-58 Letter of Transmittal
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 DBE Participants
Exhibit F – Bidder’s List of sub-Contractor (DBE and Non- DBE) Exhibit G – Buy America Provisions/ Certificates
Exhibit H – Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit I – Performance Guarantee Certification
Exhibit J – Performance Bond
Exhibit K – Irrevocable Standby Letter of Credit Certificate Exhibit L – Bank Draft
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INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from highly -qualified contractors to provide restroom renovation services to the Operation Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department.
As the fourth -largest municipal bus system in Los Angeles County, MBL proudly serves 5.2 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. Our ability to provide reliable and efficient public transportation services is heavily reliant on the well-being and performance of our employees, who play a critical role in delivering these services.
This Request for Proposal (RFP) seeks a contractor to renovate four (4) restrooms. These restrooms were part of the original building construction over 25 years ago. The rooms have never undergone any renovations, are outdated, and need replacement equipment and maintenance services.
The selected contractor will be responsible for providing design, permits, labor, construction supervision, materials, tools, and equipment necessary to complete the renovation.
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DATE: May 25th, 2023
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-14
TITLE: CITY OF MONTEBELLO (CITY) and MONTEBELLO BUS LINES (MBL)
TRANSIT RESTROOM RENOVATION SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals (“Proposals”) from highly-qualified contractors (“Contractors”) to provide restroom renovation services to the Operation Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components, with modern functional restroom equipment and supplies to serve the sanitary needs of the department.
A Pre-Proposal Meeting will be held on Tuesday, June 13th, 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.
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 Pro posers and placed on the City of Montebello website.
Responses to questions or comments regarding this RFP provided by any other department, or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.
Proposals must be received by Thursday, July 20th, 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 affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under this RFP,
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and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.
The City is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services based on race, color, or national origin per 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 May 25th, 2023
Pre-Proposal Meeting Tuesday June 13th, 2023, at 10:00 AM PST Deadline to Submit Questions Thursday June 22nd, 2023, at 3:00 PM PST Responses to Questions Provided Thursday June 29th, 2023 Deadline to Submit Proposals Thursday July 20th, 2023, at 3:00 PM PST Presentations & Intent to Award Week of August 7th, 2022
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PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist along with any of the required forms or attachments may be cause for considering the Proposal non - responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 41
3 Licensing, Permits, Certificates, and Taxes Page # 11 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 DBE Participants Exhibit E
9 Bidder’s List of sub-Contractor (DBE and Non-DBE) Exhibit F 10 Buy America Provisions Exhibit G
12 Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit H
19 Performance Guarantee Certification Exhibit I
20 Performance Bond Exhibit J
21 Irrevocable Stand-By Letter of Credit Certificate Exhibit K 22 Bank Draft Exhibit L
OPTIONAL ITEMS
23 Requests for exceptions or deviations Page # 8
Company Name:
Name of Proposer initialing document (print):
The email address of Company Contact:
Signature:
Title:
Date:
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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, July 20, 2023.
All Proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK
Proposals shall be typed, single -spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the Proposers' references have been checked. All Proposals shall be accompanied by a completed and signed Letter of Transmittal provided as a part of this RFP.
All requests for exceptions or deviations as a result of this RFP shall be identifiable by a separate section of the Proposer’s submitted Proposal for review by the City. It shall be the right of the City to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the Proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the Proposal non -conforming and non -responsive and may cause its rejection. The completed Proposal shall be without interlineations, alterations, or erasures. Proposer s submitting basic conforming Proposals may choose to submit alternate Proposals as complete and separate offers if the alternate Proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate Proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a Proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under 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 necessary 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 against 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 modificat ions to or deviations from the requirements outlined in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.
CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the City’s Point of Contact 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. The aforesaid addendum shall be posted on the PlanetBids.com web page.
All questions, clarifications, or comments must be submitted to or no later than 3:00 pm, Tuesday, June 13th, 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 questions will be communicated via PlanetBids.com. Every attempt will be made to respond to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
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DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of any worksite, drawings, Scopes of Work , and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No Proposer shall at any time after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the City and clarified before the submission of Proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their Proposals in writing, provided that such requests are received by the City before the scheduled deadline for Proposal submission or within six (6) months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the Proposal. Refer to Exhibit B.
At the discretion of the City’s committee assigned to review Proposals in response to this RFP (“Evaluation Committee”), the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members would travel, at City expens e, 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 member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the Proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Proposal. A certified letter is to be included in the Proposal accompanied by the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the Proposal in response to this request
· Submitting that Proposal to the City
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· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all Proposals for no reason or any reason including but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any Proposal that, in the opinion of the City, is so unbalanced in comparison to other Proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
3. Accept all or any part of a Proposal;
4. Cancel the entire RFP;
5. Issue subsequent RFPs; or
6. Waive any errors or informalities in any Proposal, to the extent permitted by law.
LICENSING, PERMITS, AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City and may become public record subject to disclosure, except for those elements determined to be exempt from disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any Proposals or portions thereof where such disclosure is required by law.
JOINT OFFERS
Where two (2) 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 a joint venture or partnership between two (2) existing Proposers may be considered collusive 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 times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of the contract. All sub -Contractors of successful Proposer shall abide by all the requirements outlined in this section.
SINGLE PROPOSAL RESPONSE
If only one Proposal is received in response to this RFP, a detailed cost/price Proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reas onable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure , or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. 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, including all promises, warranties, commitments , and representations made in the successful Proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.
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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 period specified in the RFP. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Contractor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between 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 the City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of the invoice.
Payment Schedule: Monthly
Manner: Provide (1) One invoice monthly.
SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this RFP.
PERFORMANCE OF WORK
These specifications intend to provide only services that meet the standard of care of similar contractors performing similar services in the same or similar locale. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work according to the provisions. It is the aim of these specifications that the Contractor provides complete services of the type prescribed. Any items omitted from such specifications that are necessary for the completion of such services shall be considered a portion of such services, although not 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.
ACCESS TO SITE
The Contractor shall have limited use of the Project site for construction operations during the construction period. The use of the site will be limited to the work area. The Contractor shall not disturb other areas of the site without MBL’s approval.
Driveways, Walkways, and Entrances: Keep entry driveways and personnel entrances serving premises clear and available to MBL, MBL’s employees, and emergency vehicles at all times. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the City of Montebello, Montebello Bus Lines (MBL), and the Project Manager’s approval.
The Contractor shall coordinate their work with the MBL Project Manager and Transit staff to ensure minimal disruption to the operation of the Transportation Facility during construction. At least two of the four restrooms should remain operational during the renovation process to cater to the needs of the staff. Any shared areas or systems adjacent to the restrooms under renovation must remain fully functional. The
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Contractor is also responsible for maintaining the safety and security of portions of the existing building affected by the renovation operations throughout the construction period.
"MBL will continue to occupy the site and the existing building throughout the entire construction period.
The Contractor is expected to cooperate with the MBL Project Manager during the construction operations to minimize conflicts and facilitate the ongoing MBL Transit operations. The work must be performed in a way that does not interfere with MBL’s day-to-day operations.
SELECTIVE DEMOLITION
MBL will occupy portions of the building immediately adjacent to selective demolition areas. Condu ct selective demolition so MBL’s operations will not be disrupted. Maintain existing utilities in service and protect them against damage during selective demolition operations. Demolish and remove existing construction only to the extent required by new construction. Dust suppression methods shall be used to minimize dust generation.
PREPARATION
Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain.
· Provide protection to ensure the safe passage of people around selective demolition area and to and from occupied portions of the building.
· Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations.
AWARD OF CONTRACT
The contract resulting from this RFP will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“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 Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
· Accept all or any part of a proposal;
· Reject any or all proposals for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFP; or
· Issue subsequent RFP’s.
An Evaluation Committee comprised of MBL staff in accordance with the Proposal Evaluation Criteria set forth in the Evaluation Criteria section of this RFP will evaluate all the Proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
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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 t he City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
No agreement shall exist until the City Council or City Manager has awarded the Professional Services Agreement (“Agreement” see Section 7 – Form of Contract [Sample]) and it has been mutually executed.
The City reserves the right to reject any and all Proposals for any reason, to waive any informality or minor errors as determined by the City in any Proposal, and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the Proposals.
POINT OF CONTACT
This RFP is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior 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 Proposers via PlanetBids.com.
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or a project management plan. The award selection is based upon consideration of qualitative factors to determine the offer deemed most advantageous to MBL.
An Evaluation Committee will be appointed to 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.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • The Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example, a sample certificate with another agency, or a statement
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that the proposer can meet the insurance requirements in the RFP shoul d be attached to the proposal.
• The proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If th e Proposer is a partnership or joint venture, provide such evidence for all partners or members. Evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then open the cost and price proposals and evaluate and score them a ccordingly.
During the qualitative evaluation, the Evaluation Committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarif ication. After both the qua litative and cost/price proposals have been evaluated and scored, the Evaluation C ommittee will arrive at a “comprehensive proposal score” for each proposal. A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by the Evaluation Committee members. At this time, the Evaluation Committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The Evaluation Committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing Proposal will be re-scored along with revised Proposals in the same manner as the original Proposals.
EVALUATION CRITERIA
Award will be made to the Contractor whose Proposal offers the best value to the City . Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
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.
15 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of Restroom Renovation Services.
10 points
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3 Qualifications and Experience
Demonstrate experience completing Restroom Renovation Services projects of the same or similar magnitude. Presentation of a catalog of Restroom demolition and construction experience and expertise most advantageous to the City.
20 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.
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 – STATE AND LOCAL REQUIREMENTS
COMPLIANCE WITH THE LAW
The contractor shall at a ll times observe and comply with all applicable laws, ord inances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. Owner, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section.
PREVAILING WAGES
The contractor is aware of the requirements of California Labor Code (“Labor Code”) section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Professional Services are being performed as part of an applicable “public works,” as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Owner shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of th e contemplated agreement. Contractor shall make copies of the prevailing rates of per diem wages for each
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craft, classification, or type of worker needed to execute the Professional Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. The Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The Contractor and each subcontractor shall forfeit as a penalty to Owner not more than Two Hundred Dollars and Zero Cents ($200.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between su ch stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
PAYROLL RECORDS
In accordance with the requirements of Labor Code section 1776, the Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. In the event of noncompliance with the requirements of this Section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day (10) period, Contractor shall, as a penalty to Owner, forfeit not more than One Hundred Dollars and Zero Cents ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.
Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor.
HOURS OF WORK
Pursuant to the provisions of the Labor Code, eight (8) hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight (8) hours during any one calendar day, and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one (1) and one -half (1-1/2) the basic rate for all hours worked in excess of eight (8) hours per day (“Eight-Hour Law”), unless Contractor or the Services are not subject to the Eight -Hour Law. Pursuant to section 1813 of the Labor Code, Contractor shall forfeit a penalty of Twenty-Five Dollars and Zero Cents ($25.00) per worker for each day that each worker is permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Contractor acknowledges, understands and warrants that it is, or will registered with the Department of Industrial Relations (“DIR”) in accordance with Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or
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subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
CLASSIFICATION OF CONTRACTOR'S LICENSE
The Contractor acknowledges and understands that it shall possess a license to perform the public work contemplated herein. Public Contract Code section 3300. The Contractor further acknowledges and understands that it shall possess the proper license at the time the contract is awarded, not at the time the bid is submitted or opened. Public Contract Code section 6100. The Contractor and/or sub-contractor shall possess the following types of contractor’s license (s) to perform the work pursuant to this Agreement:
• A – “General Engineering” or B – “General Building Contractor” • C-10 – “Electrical Contractor”
INELIGIBLE CONTRACTOR OR SUBCONTRACTOR
The Contractor acknowledges and understands that performance of work on a public works project with a subcontractor who is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited. Public Contract Code section 6109(a).
CONTRACT WITH DEBARRED SUBCONTRACTOR IS VOID
The Contractor acknowledges and understands that any agreement on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to worker s of a debarred subcontractor who has been allowed to work on a project. Public Contract Code section 6109(b).
APPRENTICES
If Labor Code section 1777.5 applies to the contemplated Services, the Contractor and any subcontractor hereunder who employs workers in any apprentice able craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving the Contractor or any subcontractor for the employment and training of apprentices.
SECTION 4 – OTHER REQUIREMENTS
CONTRACT DOCUMENTS: Oral Changes / Contract Termination / ‘Buy America’ Provision / Permits (a) 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.
(b) 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
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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 (10) 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.
(c) Buy America: The Buy American requirement provides that federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:
(i) When its application is against the public interest (as decided by the FTA Administration on a case-by-case basis).
(ii) When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
(iii) When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 60 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S. (iv) When the inclusion of domestic material will increase the over -all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.
The Contractor, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Management Analyst at least fifteen (15) days prior to proposal opening.
When a petition for investigation has been filed with FTA before award, MBL reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening of propo sals, MBL reserves the right to not open proposals prior to the resolution of the investigation by FTA.
The Contractor and all Sub-Contractors with contracts of $100,000 or more are required to certify compliance or non -compliance with this provision by submitting the attached “Buy America Certificate” (Exhibit G), with the proposal.
(d) Permits: The contractor shall be responsible for obtaining any and all permits required to perform any installations. The installation shall be in complete compliance with the City of Montebello Building, Fire Codes, and CAL OSHA and any other governmenta l regulations that relate to this contract.
CLEAN AIR/ WATER POLLUTION/ ENERGY CONSERVATION
The Contractor shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C., 1251 et seq.), and all applicable and
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mandatory standards, policies, orders, or requirements issued pursuant to Federal statute or regulation relating to energy efficiency that is contained in applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). The c ontractor is responsible for reporting any violations to MBL and understands and agrees that MBL will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000.
BOND REQUIREMENTS
Bid Guarantee
Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 5% of the total bid price.
In submitting this bid, it is understood and agreed by Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to fu rnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive. (Exhibit I. Performance Bid Guarantee)
Performance Guarantee
A Performance Guarantee in the amount of 100% of the Contract value is required by the City to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.
The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Contract execution (Exhibit J. 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 protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the
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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 Standb y 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.
5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit K. Irrevocable Stand-By Letter of Credit Certificate and Exhibit L. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.
Payment Bonds
A Labor and Materials Payment Bond equal to the full value of the contract must be furnished by the contractor to the City as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to (City) and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.
SEISMIC SAFETY
The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, and is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.
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SECTION 5 – QUALIFICATIONS
To be considered responsive to the RFP, Proposers must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non - compliance with these requirements may disqualify your proposal from further consideration.
A. List and describe a minimum of three (3) projects or experiences, similar to the Project contemplated in this RFP, which the Proposer is currently performing or has performed within the last thirty-six (36) months.
B. The Contractor must have at least 5 years experience in renovation services.
C. All electrical work must be performed with a C10 licensed electrician.
D. The Contractor must have valid liability insurance. Insurance requirements are stated in the General Terms and Conditions.
E. The Proposer’s firm or company has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
F. The Proposer’s firm or company 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.
G. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).
SECTION 6 – SCOPE OF WORK
BACKGROUND
The City of Montebello, Montebello Bus Lines (MBL), is requesting proposals from highly qualified contractors to provide restroom renovation services to the Operation Division at the Transportation Facility. The Division has four restrooms. These restrooms are a part of the original building construction over 25 years ago. The rooms have never undergone any renovations, are outdated, and need replacement equipment and maintenance services. After a recent inspection, MBL staff concluded that there was signif icant water damage near the shower area of the bathrooms. Due to the extent of the damage, the decision was made to completely rebuild all four restrooms in the Operation Division of MBL Transportation Facility.
PROJECT OVERVIEW
The objective of this project is to renovate the restrooms on the first floor of the Transportation Facility - Operation Division. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e .g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department. The contractor wi ll be responsible for providing design, permits, labor, construction supervision, materials, tools, and equipment necessary to complete the renovation.
The contractor will provide the following deliverables, subject to prior MBL approval, during business hours of 7:30 AM and 5:30 PM (Pacific Standard Time) Monday through Friday as follows:
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• Evaluation: The contractor will be responsible for assessing the current conditions of the bathroom layout, structure, stalls, equipment, piping and plumbing, lighting, fixtures, etc. This evaluation shall include and identify, but not be limited to: room dimensions, door and/or window openings, room finishes, all bath and toilet fixtures, waste, drains, vent and water supply piping, floor drains, heating and/or cooling outlets, emergency and area light fixtures and electrical devices.
• Design: The contractor will provide MBL management staff with design plans and recommendations to increase efficiency while improving the ambiance of each room. The contractor will provide a project schedule that will ensure that MBL staff are never without access to a usable washroom.
• Demolition/Disposal: The contractor will be responsible for the demolition of all existing tiles and other materials to rebuild the bathrooms. This includes remov al/disposal of all fixtures, such as toilets, urinals, countertops, partitions, light fixtures, vents, and plumbing fixtures.
• Repairs: The contractor will make necessary repairs to the structure including replacing the bottom plate of wall(s), reinforcing the floor/ceiling framing, and replacing existing damaged studs.
• Waterproofing: The contractor will waterproof the showered areas and ensure the waterproofing is in compliance with the building code requirements for the state of California, using suitable techniques according to industry standards.
• Shower and wall tiling: The contractor will tile the showers to the full height of the wall.
• Plumbing: The contractor will install a new toilet in each of the larger two (2) restrooms. In the men’s restroom, the urinal and toilet will be moved to make room for the additional seat. The contractor will also replace all plumbing fixtures.
• Stall partitions: The contractor will remove and replace all stall partitions for toilets and urinals.
• Countertops and plumbing: The contractor will add new countertops and p lumbing for all bathrooms.
• Fire system: The contractor will remove and reinstall existing fire system devices and replace hardware/devices if they are no longer compliant.
• Drywall, prep surfaces, and paint: The contractor will be tasked with the installation of drywalls, preparation of surfaces, and painting all non-tiled surfaces within the restroom that require paint.
• Light fixtures and vents: The contractor will remove and replace all light fixtures and vents in the bathroom.
• ADA Compliance: The contractor is responsible for ensuring that the two (2) smaller restrooms are handicap accessible and demonstrate complete ADA compliance.
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TECHNICAL SPECIFICATIONS
The Contractor deliverables should include, but is not limited to:
TILE – (x2 Restrooms)
- T-1 Emser Tile Color TBD 12" x 24" Floor
- T-2 Emser Tile Color TBD 6" x 6" Shower Floor
- T-3 Emser Tile Color TBD 12" x 24" Walls
- TR-1 Schluter Dilex AE Cove Pieces
- TR-2 Schluter Dilex Scheine Corners Inside and Outside - TR-3 Schluter Schiene AE Tile Trim
- Float Floor 1"-2" TCNA F112
- RG RedGard Waterproofing and Crack Isolation Membrane Roll On
PLUMBING
- Reconfigure Plumbing
- Install New Shower Fixtures
- New Urinals
- New Toilets
- New Lavatory’s
- New Trap Primers
- Excavation and Sand Backfill
- Provide access Panes for plumbing
PAINTING
- Painting of ceiling, door jams, and any other non -tiled services requiring painting within the Restrooms, including primers and other relevant prep work.
TOILET
SCREENS
- Toilet Compartments and Screens 5 Restrooms
- Restroom accessories per plans & specs
MILL
WORK
- Restroom Countertops - Quart Calacatta
- Fabricated Millwork for Bathroom Vanities
ELECTRICAL
- Restrooms Demo all the lights and install the new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and exchange fan 10.5W
- Install new light switches.
- All Lights Surface mounts will be removed, and new lights will be installed.
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CLEAN UP
The Contractor shall keep the premises and surrounding area free from the accumulation of waste materials or rubbish caused by operations under the agreement. At the completion of the SOW, the Contractor shall remove and clean up all byproducts, debris, and rubbish caused by the operations under the agreement. If the Contractor fails to clean up, the City may do so, and the cost thereof shall be charged to the Contractor.
TESTING AND ACCEPTANCE
Following the renovation, the Contractor shall perform an acceptance test. A test outline shall be provided to MBL for approval prior to performing the test. The test program shall show that the equipment meets all of the conditions described by the specification and that the equipment will perform as intended.
WARRANTY
a. Upon completion of the renovation, the awarded Contractor shall provide twelve (12) months of warranty repairs against manufacturing defects in materials, function, and workmanship. b. Warranty repairs shall include materials, freight of any kind, travel expenses, mileage, labor, and any other related expenses necessary to correct defects. c. In the event of an equipment malfunction or/and any defects during the warranty period, the Contractor will be required to repair any such issue within five (5) days of notification.
SECTION 7 – FORM OF CONTRACT (SAMPLE)
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO.
WITH …………………………, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 22, 2023 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ………………………….. (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional Contractor to to provide restroom renovation services to the Operation Division at the Transportation Facility (“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 Proposals (“RFP”) dated May 25, 2023
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(“RFP No. 23-14”) with a proposal dated [INSERT DATE], as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of preference, all which are incorporated herein and made part of this Agreement, as though fully set forth herein.
A. This Agreement, including any and all addendum, attachments, exhibits or supplemental agreements;
B. RFP No. 23-14;
C. CONTRACTOR’s Proposal dated [INSERT DATE]; and
D. All other documents, including but not limited to, all required bonds, insurance, certificates, permits, notices, schedules, forms, certifications, and affidavits.
These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedent shall be as set forth above.
SECTION 2. SERVICES / COMPENSATION.
A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONTRACTOR shall 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 billing 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 period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details
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in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
F. Failure of CITY to submit full paymen t of an invoice within thirty (3 0) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2023 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein.
The Parties agree that Sections 6(B), 11, 12, 13, 14, 15, 19, 20, 22, 23 and 26 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. CONTRACT DOCUMENTS.
For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):
A. RFP No. 23-14;
B. Proposer’s [DATE] Proposal for Transit Restroom Renovation and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.
All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.
SECTION 5. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
C. CONTRACTOR shall be 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, Contractors, 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 provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents , or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 6. WORK PRODUCT.
A. CONTRACTOR hereby agrees 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 7. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 8. CITY SUPERVISION.
CITY’s Transportation Director (“Transportation Director”) shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
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SECTION 9. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the def ault, 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 corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to preven t the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience . CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment 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 10. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
SECTION 11. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
SECTION 12. INDEPENDENT CONTRACTOR.
A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.
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Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.
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 enacted or required as a charge or withholding on the compensati on paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with workers’ compensation insurance or any other insurance.
SECTION 13. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 14. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employ ees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 15. INDEMNIFICATION.
CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expen ses, causes of action, and judgments at
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law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 16. INSURANCE COVERAGE.
During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and 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 connecti on 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, indep endent 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 Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy 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 Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retro active date prior to the effective date of this Agreement,
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CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A : VII in the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ notice for non-payment) prior written notice.
CONTRACTOR agrees that if it does not keep the 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, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the pol icies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub -Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation 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.
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Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies 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 must 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 employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 17. CALIFORNIA LABOR CODE
A. Licenses, Permits, Fees, and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law of the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed a gainst CITY hereunder. CONTRACTOR shall be responsible for all subcontractors’ compliance with this Sub- Section 18(A).
B. Prevailing Wage Laws.
i. In accordance with California Labor Code (“Labor Code”) section 1770 et seq., the director of the Department of Industrial Relations (DIR) of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in CITY’s Department of Public Works (“Public Works”) and is hereby incorporated in this Agreement.
CONTRACTOR is required to post a copy of such wage rates at all times at the contract site.
ii. In accordance with the provisions of Labor Code section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty-Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. iii. CONTRACTOR also s hall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply with all statutory requirements relating to the employment of apprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6. iv. CONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.
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v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.
C. Contractor Registration with DIR . Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, be awarded a public works contract or engage in the performance of any c ontract for public work (as defined by D ivision 2, Part 7, Chapter 1 of the Labor Code (section 1720, et seq.)), unless currently registered and qualified to perform public work pursuant to Section 1725.5. In compliance with Labor Code Section 1771.4, Contractor is required to post job site notices required by law.
D. Type of C ontractor License(s). CONTRACTOR shall possess the following types of contractor’s license(s) to perform the work pursuant to this Agreement:
• [INSERT CLASS – INSERT LICENSE TITLE]
• [INSERT CLASS – INSERT LICENSE TITLE]
E. Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1771.1, 1777.1, or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
F. Workers’ Compensation. CONTRACTOR must secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement as provided in Labor Code sections 1860 and 3700. CONTRACTOR must sign and file a statutorily prescribed statement acknowledging its obligation so secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement before beginning work pursuant to Labor Code Section.
SECTION 18. 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 increa se in the amount of total compensation payable to CONTRACTOR under the Agreement.
SECTION 19. 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 20. 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
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action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 21. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 22. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 23. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof , delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual
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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 agreemen t referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 24. 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 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 26. 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
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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 performance of its services pursuant to this Agreement.
CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendatio ns made by CONTRACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 27. FORCE MAJEURE
The ti me period(s) s pecified in the S chedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes be yond the control and without the fault or negligence of CONTRACTOR, including, but no t restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes for the delay. CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of CITY such delay is justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.
SECTION 28. 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.
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[SIGNATURES ON NEXT PAGE]
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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 (RFP) NO. 23-14
TRANSIT RESTROOM RENOVATION 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 Contr act Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (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 the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in the performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill , and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully review the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,