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that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The 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 rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below (100 potential points in total):
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.
20 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 Bus Detailing Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing bus detailing services of the same or similar magnitude. Presentation of a catalog of bus detailing services experience and expertise most advantageous to the City.
15 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
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SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Contractor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $150 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 5% of the bid price.
In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
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Performance Guarantee
A Performance Guarantee in the amount of 25% of the Agreement value is required by the City to ensure faithful performance of the Agreement . Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.
The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.
If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the succes sful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must spec ifically 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 attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.
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SECTION 4 – SCOPE OF WORK
PROJECT OVERVIEW
The City of Montebello, Montebello Bus Lines (MBL), is requesting services from highly qualified contractors to provide on-site vehicle detailing services of bus interiors and exteriors for the City’s sixty - six (66), thirty -five-foot (35’) and forty -foot ( 40’) transit buses. The entire fleet is to be detailed on a rotational basis at least once every four (4) months.
PROJECT DESCRIPTION
The Request for Proposal, No. 24-12, seeks a contractor to complete on-site vehicle detailing services in a thorough and professional manner for the City of Montebello’s Transportation Department. The project services will include an assessment of current fleet bus exterior conditions and providing all necessary supervision, travel cost, labor, tools, and equipment necessary to meet the City’s requirements in a timely manner. The Contractor shall work in conjunction with the P roject Manager (PM) or their designee to establish a plan/schedule to completely detail the MBL fleet in a 4-month period. Concerns related to lack of notification or constantly unavailable vehicles shall be addressed immediately to the PM to minimize schedule interruptions.
The Contractor must have a minimum of five (5) years of recent experience performing similar work/services.
1. GENERAL DELIVERABLES
Subject to prior MBL approval, the contractor will provide deliverables such as, but not limited to:
A. General
o Provide professional, high-quality work meeting or bettering all applicable industry standards. o Do not use chemicals, abrasives, tools, or excessive force that might cause damage. o Work with PM and/or their designee to create a project schedule to detail all 66 vehicles over a 4-month period.
o Document and report any exterior bus damage.
o Contractor-provided Quality Assurance Inspection (QAI) sheet o Various ad -hoc detailing/washing campaigns coordinated through the PM and/or their designee.
o The Contractor is required to assemble a crew each week, with a minimum of two individuals and a maximum of four individuals.
B. Detail Cleaning – Exterior
o Wash and dry vehicles thoroughly prior to waxing or applying dressings. o Remove all paint oxidation, overspray, dirt build-up, and small surface scratches. o Wax, by hand or by swirl-buffing, all exterior painted surfaces of the vehicle. o Remove all residual wax, polishes, and dressings from vehicle. o Thoroughly polish and clean the bus wheel rims.
o Clean all inside and outside windows.
o Treat all tire and plastic components with appropriate tire/plastic care solutions, ensuring long-term preservation.
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o Buff out rear o f the bus to eliminate emission -related stains, typically the most challenging area due to accumulated dirt and grim
o Utilize and apply the appropriate cleaners, protectants, treatments, and dressings to all exterior plastic, rubber, leather, metal surfaces, which includes but is not limited to tires, trim, bumpers; this excludes only the engine, the engine compartment, and the undercarriage.
C. Detail Cleaning - Interior
a. Operator Area
o Wash and clean operator's wastebasket.
o Clean out small compartments such as operator storage compartments, etc. o Clean operator's area to include dash, operator's window, seat (under and behind seat), and inside doors.
o Clean operator steering wheel, outside and under the wheel. o Clean (no direct water or chemicals), best as possible, around the dash, side panel knobs, switches and controls
b. Passenger Area
o Clean, dust, and wipe sidewalls, ceiling, back of seats and air conditioner grills o Open and clean emergency escape hatches
o Remove gum and all graffiti including superficial a nd stickers from all surfaces including seat inserts, seat backs, seat underside, modesty panels and stanchion bars. o Wipe and clean all chrome and/or stainless -steel stanchion bars, grab rails and modesty panels.
o Remove, clean, and replace any damaged interior advertisement card signs. c. Seats
o Lift up rear seats remove trash, and clean under and around the area. o Vacuum and shampoo all seat upholsteries, fabrics, and carpeting. o Replace any damaged seats.
o Remove gum and all graffiti including superficial and stickers from all surfaces including seat inserts, seat backs, seat underside, modesty panels and stanchion bar. d. Floor
o Sweep, clean, and mop the floor, wheel housings and step wells. e. Interior Glass and Mirror
o Clean all windows, windowsills, and mirrors.
o Clean door windows (both sides)
o Remove water spots from windshields and windows, ensuring clear visibility and a spotless appearance.
f. General Interior
o Remove and dispose of all trash and debris.
o Clean wheelchair ramps, and underneath once deployed.
2. FLEXIBILITY IN TASK ALLOCATION
o Adjust detailing hours as needed if additional manpower is required for other tasks, such as bus washing.
o Implement fleetwide detailing campaigns as directed by MBL.
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o The city is open to alternative cleaning methods based on best practices, subject to prior MBL approval.
3. MATERIALS AND EQUIPMENT
o The City shall provide cleaning products, brushes, water, and power resources. o Contractor to provide specific tools and equipment necessary for quality detailing services.
4. WORK LOCATION & SCHEDULE
o Location: MBL Detailing Bay, 400 S. Taylor Ave. Montebello, CA 90640 o Schedule: The Contractor is expected to work eight (8) hours a day, with the Project Manager providing a weekly schedule indicating acceptable timings. Ideally, working days are preferred to be Monday through Thursday, starting no earlier than 4:00 AM and no later than 12:00 PM. It is essential for the Contractor to maintain open availability, considering the potential for unforeseen circumstances. The schedule will be tailored to the division's needs, and the Contractor is required to promptly arrive at the designated detailing sites to provide services.
5. REPORTING AND CONTRACTOR REQUIREMENTS
The Contractor will aim to detail a minimum of four buses weekly, allocating s pecific hours for these tasks. The Contractor shall maintain a legible log sheet of all vehicle detailing including date of service, the four-digit vehicle number, the vehicle’s mileage, and a signature of the employees who provided the service for mainten ance records. The Contractor shall generate a monthly master invoice with log sheets attached and submit them to the PM within 5 business days of the end of the month. The Contractor shall adhere to industry standard safety protocols, employee training, identification and shall participate in a zero-tolerance, drug and alcohol program.
6. EMERGENCY SERVICES
The Contractor shall comply with the City's request to provide stand -by washing and detailing support during emergencies declared by the City. The City sh all notify the Contractor with the details of the emergency situation and the anticipated service duration needed from the Contractor. The Contractor shall make services available with an appropriate complement of personnel within twenty-four (24) hours of the required emergency services notification. The City shall compensate the Contractor in the event of a declared emergency at the rate and terms agreed upon.
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TURN AROUND TIME SCHEDULE
CATEGORY ALLOWABLE TIME
Spot Clean Specific Bus Part 1-HOUR
Detailing Services
• Not to exceed forty (40) hours of work per
week per contractor’s employee
• Entire fleet detailing not to exceed one
hundred and twenty (120) calendar days
• "UNLESS WRITTEN AGREEMENT WITH CITY."
Specified Detailing/Bus Wash Campaigns Not to exceed five (5) calendar days Emergency Services Response Same Business Day
SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for b oth past and present projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
• Identify any subcontractors by company name, address, contact person, and telephone numbe r and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non- compliance with these requirements may disqualify your proposal from further consideration.
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A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been asse ssed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
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SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
BUS DETAILING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2024, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “ CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional CONTRACTOR to assist CITY in providing provide meticulous and high-quality detailing services; and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such s ervices 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 dated February 29, 2024 (RFP No. [24 -12]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-12, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. 24-12 dated ……………., 2024, attached hereto as Exhibit “B”. d. CONTRACTOR’S “Best and Final Offer” to RFP No. 24 -12 dated ……………., 2024, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
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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 shal l 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.
B. 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.
C. 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 CONSULTANT within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination a t CONSULTANT's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of one year with the option to extend for an additional four (4), one year periods.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. 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.
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D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub- Contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Contractors, or sub- Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 5. WORK PRODUCT.
A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in wr iting by CITY’s City Manager (“City Manager”).
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SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and 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 other wise 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 cause s 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 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
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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.
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 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 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 13. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes
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and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, sha ll 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, 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, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy 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.
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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.
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, 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 requi red 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 und er 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 p olicies, 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
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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.
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 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,
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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 L os 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.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set f orth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in
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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 choosi ng, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 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 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 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.
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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 recommendations made by CONTRACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
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
_______________________ _____________________
Raul Alvarez 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. 24-12
BUS DETAILING 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 a greement 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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37 Montebello Bus Lines
Date Date
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
RFP No. 24-12
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.24-12, Bus Detailing 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, clai ms, 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 (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any o f 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 4-12 Bus
Detailing 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 Indemnitees 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: _______________________________________
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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:
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Montebello Bus Lines
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 $2,000,000 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 satisfied 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 "Cover ed Professional Services" as designated in the 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 p rovide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
RFP No. 24-12
Montebello Bus Lines
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 polic y endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 24-12
EXHIBIT D
RFP No. 24-12
BUS DETAILING 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 QTY Cost Per
Hour
Total Price
((____) x 40) x 52
1 Detailing Service Labor – Employee
#1 40Hrs/52Weeks $ $ 2 Detailing Services Labor –
Employee #2 40Hrs/52Weeks $ $ 3 Detailing Services Labor –
Additional Employee #1 40Hrs/52Weeks $ $ 4 Detailing Services Labor –
Additional Employee #2 40Hrs/52Weeks $ $ GRAND TOTAL $ $
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
List other costs/fees: Description
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EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
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EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is requir ed in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
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Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
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EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or recei ving 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. 24-12
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. 24-12
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, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, 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 success ion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
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. 24-12
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. 24-12
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. 24-12
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]
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: AUTHORIZATION TO ISSUE SUMMER FOOD SERVICE PROGRAM PROVIDER REQUEST FOR QUOTATIONS (RFQ No. 24-1)
DATE: February 28, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize Staff to issue a Request for Quotations (RFQ No. 24-1) for Summer Food Service Program Provider; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Summer Food Service Program (“SFSP”) is administered by the United States Department of Agriculture (“USDA”) and is reimbursable for up to Five Dollars and thirteen Cents ($5.13) per lunch and up to One Dollar and Twenty One Cents ($1.21) per snack. Expenses for the SFSP are charged to the SFSP Grant Account (Account No. 265-99-458) and reimbursed by the USDA.
No budget appropriations are needed related to the recommended actions. Staff will make proper recommendations to fund the SFSP Grant Account in the Fiscal Year 2024- 25 budget.
BACKGROUND/DISCUSSION:
The City of Montebello is seeking a contractor to provide meals for the City’s SFSP. The SFSP is a Federally funded program that aims to serve free healthy meals to children and teens 18 and younger during the summer months when school is not in session. The SFSP is funded by the USDA and the City is a program sponsor, responsible for
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
managing the program locally. Within the City, the Recreation and Community Services Department manages the program and is requesting to issue an RFQ for a meal provider for the program.
The program runs annually from June through August at Holifield Park, Reggie Rodriguez Park, City Park, and Grant Rea Park. The program typically serves approximately 350- 400 lunches per day during the span of the program. This summer, staff anticipate offering the program from June 10, 2024 through August 9, 2024.
ENVIRONMENTAL:
N/A
ANALYSIS:
On May 13, 2021, the City issued RFQ 21-53 for SFSP Provider. A contract was awarded to School Nutrition Plus on June 9, 2021 for a one-year term with the option to extend for two additional years. The contract will be reaching its end on June 9, 2024. Therefore, the City must award a new contract for SFSP provider prior to the beginning of this year's SFSP which will begin on June 10, 2024.
The selected meal provider will be evaluated on several criteria. These criteria include financial capability to perform the scope required, the adequacy of the provider’s facility for food preparation, previous experience performing services similar in nature and scope, transportation capability, and the possession of approved licensing certification that meet all applicable state and local health, safety, and sanitation requirements.
SUMMARY:
Staff recommends the City Council authorize issuance of a Request for Quotations (RFQ No. 24-1) for a Summer Food Service Program Provider and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A - RFQ 24-1 Draft
NEXT STEPS:
N/A
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CITY OF MONTEBELLO
Request for Quotations
(RFQ No. 24-1)
SUMMER FOOD SERVICE PROGRAM
PROVIDER
Release Date: March 4, 2024
Due Date: April 4, 2024 at 11:00 a.m. PST
ATTACHMENT A
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TO PROSPECTIVE BIDDERS
The City of Montebello invites your firm to submit a bid in accordance with this Request for Quotations (RFQ). Your response to this request will be evaluated to determine the qualifications of your firm. Bids must adhere to the format and content of this RFQ . Bids will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required in order to qualify for consideration. The successful bidder will be required to enter into a standard professional services agreement based on the specifications outlined in this RFQ.
THE DATE OF SOLICITATION:
March 4, 2024
THE PROJECT:
Project Name: Summer Food Service Program Provider
Location: Various Park Sites
THE OWNER:
Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact: David Sosnowski, Director of Recreation & Community Services Contact Phone: (323) 887-4540
Contact E-Mail: [email protected]
PROPOSAL CONTACTS
Any questions concerning this RFQ and all correspondence must be submitted in writing via e-mail to the following contact:
Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact: Laurie Aguilar, Management Analyst
Contact Phone: (323) 887-1200 ext. 1374
Contact E-Mail: [email protected]
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SUMMER FOOD SERVICE PROGRAM PROVIDER
Request for Quotations No. 24-1
Table of Contents
No. Page
I. Notice Inviting Sealed Quotes 4
II. General Scope of Work 5
III. General Requirements 6
IV. Contract Provisions/Specifications 7
V. Required Information/Bid Format 16
VI. Appendix A – Price Schedule 19
VII. Appendix B – Terms and Conditions 20
VIII. Appendix C – Contract for Vended Meals 21
IX. Appendix D – Meal Patterns 22
X. Sample Professional Services Agreement 24
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NOTICE INVITING QUOTATIONS
FOR SUMMER FOOD SERVICE PROGRAM PROVIDER
BID NO. 24-1
PUBLIC NOTICE IS HEREBY GIVEN THAT THE City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids via the PlanetBids vendor portal found on the City of Montebello’s official website up to the hour of 11:00 a.m. on Thursday, April 4, 2024.
Copies of the specifications and contract documents are available from the City of Montebello, 1600 West Beverly Boulevard, Montebello, California 90640.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
Proposals must be prepared on the approved Proposal forms in conformance with the instructions to Bidders.
The successful Vendor and Subcontractors are notified that they shall comply with all applicable state laws, Montebello Municipal Code, will be required to possess business licenses from the City, and other requirements as set forth in the contract requirements.
Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made part of the final contract.
The solicitation of Quotations has been developed in the Request for Quotations (RFQ) format.
Accordingly, bidders should take note that multip le factors as defined in the RFQ will be considered by the City to determine which bid best meets the require ments set forth in the RFQ documents. Price will be considered as part of the evaluation, but other factors under consideration include, but are not limited to, proposed methodology, quality control program, experience of staff, experience of management team, quality of equipment, tools and uniforms.
The City reserves the right to negotiate the terms of any resulting contract. Final contract award, if any, will be made by the Montebello City Council.
The AGENCY reserves the right to accept or reject any or all bids, to waive any irregularity in a bid and to make an award as may serve the interests of the City.
Questions should be directed to Laurie Aguilar, Management Analyst at [email protected]
THE DATE OF SOLICITATION: Monday , March 4, 2024
SUBMITTAL DUE DATE: Thursday, April 4, 2024 @11:00 a.m.
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REQUEST FOR QUOTATIONS
The City of Montebello is seeking bids from qualified food vendors for snack and meals for this year’s Summer Food Service Program (SFSP). Vendors are expected to provide snack and lunch for up to 4 locations. The contract will be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered. All meals of each type must meet the minimum standards set by the United States Department of Agriculture (USDA) for Child and Adult Care Food Program (CACFP) and SFSP meals of that type.
SCOPE OF SERVICES
• Vendor to provide a snack to 2 park sites. Snacks to be delivered to sites daily. • Vendor to provide hot or cold lunch to 4 park sites. Lunches to be delivered to sites daily.
• Vendor to provide snack and lunch to designated park sites from June 10, 2024 to August 9, 2024.
• Snack to be delivered daily (Monday through Friday) between 11:00 a.m. - 11:30 a.m. in the summer months (June 10 – August 9)
• Snack will be served between 3:30 p.m. – 4:00 p.m.
• Lunch to be delivered daily (Monday through Friday) between 11:00 a.m. - 12:00 p.m. in the summer months (June 10 – August 9)
• Lunch will be served between 12:00 p.m. - 1:30 p.m.
• Vendor must provide ice sheets to use while serving snack to ensure safe milk temperature and Cambros to keep hot meals warm.
• The snack and lunch meal must meet a minimum of the portions specified by the USDA as described in the meal pattern (Appendix D).
SITE Meal
Type
Dates Number of
Meals
Delivery time Serving Time
Montebello City Park
115 S. Taylor Ave.
Montebello, CA 90640
Lunch &
Snack June 10 – August 9
Range from
60-150
Monday - Friday
11:00 a.m.-11:30 a.m.
Lunch -12:00 p.m.
Snack – 3:30 p.m.
Chet Holifield Park
1060 S. Greenwood Ave.
Montebello, CA 90640
Lunch &
Snack June 10 – August 9
Range from
60-150 Monday - Friday
11:30 a.m.-12:00 p.m.
Lunch - 12:30 p.m.
Snack – 3:30 p.m.
Reggie Rodriguez Park
200 W. Mines Ave.
Montebello, CA 90640
Lunch June 10 – August 9
Range from
60-150 Monday - Friday
11:00 a.m.-11:30 a.m.
Lunch - 12:00 p.m.
Grant Rea Park
600 Rea Dr.
Montebello, CA 90640
Montebell
Lunch June 10 – August 9 Range from
60-150
Monday - Friday
11:30 a.m.-12:00 p.m.
Lunch - 12:30 p.m.
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GENERAL REQUIREMENTS
All meals of each type must meet the minimum standards set by the USDA for CACFP and SFSP meals of that type.
Snack:
For a snack to be a reimbursable meal, it must contain two (2) of the four (4) components listed below.
1. One serving of milk (whole, low-fat, or fat-free)
2. One serving of vegetables, fruits, or 100% juice
3. One serving of a grain
4. One serving of meat or meat alternate
Juice may not be served when milk is served as the only other component of a snack.
Please refer to the SFSP Meal Pattern Requirements and information on creditable meal components, in the SFSP Nutrition Guidance for Sponsors:
http://www.fns.usda.gov/sfsp/handbooks.
Lunch:
The following four (4) food components must be offered through at least five (5) different food items:
1. One serving of meat/meat alternate
2. Two servings of fruit and/or vegetables (two different food items)
3. One serving of grains
4. One serving of fluid milk
Lunch and supper requirements differ from breakfast in that a child must take at least three (3) of the food components, rather than items, listed above from the five (5) food items offered. Three (3) food components are required for an adequate, nutritious meal for children.
All meals proposed for the programs must meet or exceed USDA requirements. All yields of cooked and uncooked products shall conform to yields identified in the USDA’s Food Buying Guide.
The vendor must provide a 40-day sample menu cycle.
Packaging Specifications:
• Each meal to be individually packaged, inclusive of milk. • Each meal to include a spork package with straw and napkin. • Each snack to be individually packaged.
• Meals shall be prepared under properly controlled temperatures and assembled not more than 24 hours prior to delivery.
• All meat and meat products, except sausage products, shall have been slaughtered, processed, and manufactured in plants inspected under a USDA approved inspection program and bear the appropriate seal. Upon delivery, all meat and meat products must be sound, sanitary, and free of objectionable odors or signs of deterioration.
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CONTRACT PROVISIONS AND SPECIFICATIONS
1. Requirements Contract
(a) This is a requirements contract for services specified in the Sections and Schedules and for the period set forth herein. The quantities of such services specified herein are estimates only and are not purchased hereby. Except as may be otherwise provided herein, in the event the Agency's requirements for services set forth in the Sections and Schedules do not result in orders in the amounts or quantities described as "estimated" in the Sections and Schedules, such event shall not constitute the basis for an equitable price adjustment under this contract.
(b) The Agency shall not be required to purchase from the vendor requirements in excess of the limit on total orders under this contract, if any. (c) The Agency may issue orders that provide for delivery or performance at multiple destinations.
(d) The Agency shall not be obligated to place any minimum dollar amount of orders under this contract or any minimum number of orders. The utilization of the Vendor for services specified in the Sections and Schedules will be dependent upon the needs and requirements of the agency.
(e) Regulatory or guidance changes prescribed by the USDA or California Department of Education (CDE), during the duration of this contract, shall be considered a basis for renegotiation with prior approval and agreement from CDE, of the terms and conditions of the contract between the Agency and the vendor. Authority for such renegotiation must be requested from CDE, in writing by the Agency, prior to the commencement of any such renegotiation.
2. Pricing
Pricing shall be on the numbers described in Appendix A, “Unit Price Schedule”. All bidders must submit bids on the same price schedule provided by the agency. Bid prices must include the price of food, milk (if applicable), packaging, transportation, and all other related costs (e.g., condiments, utensils, etc.) that are essential to the content of the food service.
3. Unit Prices
The unit prices of each meal type that the bidder agrees to furnish must be written in ink or typed in the blank space provided of the Unit Price Schedule, including proper packaging as required in the specifications, and the costs of delivery to the designated sites. Unit prices shall include taxes; but, any charges or taxes that are required to be paid under future laws must be paid by the bidder at no additional charge to the agency.
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4. Meal Orders
The agency will order meals on Mondays of the week preceding the week of delivery; orders will be placed for the total number of days in the succeeding week, and will include breakdown totals for each center and each type of meal. The Agency reserves the right to increase or decrease the number of meals ordered on a 24-hour notice (or less if mutually agreed upon between the parties to this contract).
5. Menu-cycle Change Procedure
Meals shall be delivered on a daily basis in accordance with the menu cycle . Deviation from this menu cycle shall be permitted only upon authorization of the Agency. When an emergency situation prevents the vendor from delivering a specified meal component, the vendor shall notify the agency immediately so substitutions can be agreed upon. The Agency reserves the right to periodically suggest menu changes that are within the vendor's food cost.
6. Noncompliance
The Agency reserves the right to inspect and determine the quality of food delivered and reject any meals that do not comply with the requirements and specifications of the contract. The vendor shall not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, and meals rejected because they do not comply with the specifications. The agency reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The vendor shall be responsible for any excess cost, but will receive no adjustment in the event the meals are procured at a lesser cost. The agency or agency representative inspecting shall notify the vendor in writing as to the number of meals rejected and the reasons for rejection.
7. Title III C Assurance
The Vendor assures the agency that no Title III C funds will be applied to the cost of the meals furnished for the program under this contract.
8. Specifications
(a) Packaging
(1) Hot Meal Unit packaging shall be suitable for maintaining meals in accordance with local health standards. Container and overlay should have an airtight closure, be of non-toxic material, and be capable of withstanding temperatures of 400°F (204°C) or higher.
(2) Cold Meal Unit or Unnecessary-to-heat Container and overlay shall be plastic or paper and non-toxic.
(3) Cartons—each carton shall be labeled and the label shall include:
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A. The processor's (plant) name and address
B. Item identity and meal type
C. Date of production
D. Quantity of individual units per carton
(4) Meals shall be delivered with the following non-food items: condiments, straws, napkins, single service ware, etc.
(b) Food Preparation
(1) Meals shall be prepared under properly controlled temperatures and assembled not more than 24 hours prior to delivery.
(c) Food Specifications
(1) Bids are to be submitted using the enclosed cycle menu(s) and shall include, at a minimum, the portions specified by the USDA for each meal. Vendors must provide meals according to the enclosed SFSP Meal Pattern and the current CACFP Meal Pattern. Effective October 1, 2017, vendors will be required to provide meals according to the enclosed SFSP Meal Pattern and the new USDA CACFP Infants, Child, and Infants Meal Patterns. (2) All meat and meat products, except sausage products, shall have been slaughtered, processed, and manufactured in plants inspected under a USDA approved inspection program and bear the appropriate seal. Upon delivery, all meat and meat products must be sound, sanitary, and free of objectionable odors or signs of deterioration.
(d) Product Specifications
(1) Milk and milk products are defined as "...fluid types of pasteurized flavored or unflavored whole milk or low fat milk, or skim milk or cultured buttermilk, which meets State and local standards for such milk..." Milk delivered hereunder shall conform to these specifications.
Note: In CACFP, only low-fat (1 percent) or nonfat milk can be served to individuals two years and older.
9. Delivery Requirements
(a) Deliveries shall be made by the vendor to each park site listed in accordance with the order from the Agency.
(b) Meals shall be delivered, unloaded, and placed in the designated center daily by the vendor's personnel at each of the locations and times listed.
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(c) The vendor shall be responsible for the delivery of all meals and dairy products at the specified time. Adequate refrigeration or heating shall be provided during the transportation and delivery of all food to insure the wholesomeness of food at delivery in accordance with state or local health codes. (d) The Agency reserves the right to add or delete centers . The Agency shall notify the vendor of such amendments not less than one week prior to the required date of service. Any changes in transportation costs that occur as a result of adding or deleting centers shall be negotiated and noted in the modification. The vendor's invoice shall show the cost as a separate item for that center.
10. Supervision and Inspection
The vendor shall provide management supervision at all times and maintain constant quality control inspections to check for portion size, appearance, and packaging, in addition to the quality of products.
11. Record Keeping
(a) Transport records must be prepared by the vendor—one for the vendor, one for center personnel, and one for the Agency. Transport records must be itemized to show the number of meals of each type delivered to each center. Designees of the Agency at each park site will check the adequacy of the delivery and the meals before signing the delivery ticket. Invoices shall be accepted by the agency only if they accurately represent the transport records signed by the Agency's designee at the park site.
(b) The vendor shall maintain records supported by transport records, purchase orders, and production records for this contract or other evidence for inspection and reference to support payments and claims.
(c) The books and records of the vendor pertaining to this contract shall be available for a period of three years from the date the agency submits to CDE the final claim for reimbursement for meals provided under this contract, or until the final resolution of any audits for inspection and audit by representatives of CDE, the USDA, the agency, and the Controller General of the United States at any reasonable time and place.
12. Method of Payment
The vendor shall submit its itemized invoice to the Agency monthly. Each invoice shall give a detailed breakdown of the number of meals delivered and signed for at each center during the preceding week. Payment will be made at the unit price specified in the contract. No payment shall be made unless the required delivery receipts have been signed by the center representative of the Agency.
The Vendor shall submit a monthly invoice in duplicate to the Accounts Payable Division of the Finance Department at the following address: 1600 W. Beverly
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Blvd., Montebello, CA 90640 and/or via email at AP@ montebelloca.gov. Invoice shall be submitted on standard company forms and shall state:
1. Invoice number
2. Invoice period
3. A brief description of work
4. Total amount requested
5. Vendor's tax identification number
6. Location where services were provided
13. Inspection of Facility
(a) The Agency, CDE, and the USDA reserve the right to inspect the vendor's preparation facilities prior to award and without notice at any time during the contract period, including the right to be present during preparation and delivery of meals.
(b) The vendor's facilities shall be subject to periodic inspections by the USDA, state, and local health departments, or any other agency designated to inspect meal quality for the state. This will be accomplished in accordance with USDA regulations.
(c) The vendor shall provide for meals which it prepares to be periodically inspected by the local health department or an independent agency to determine bacteria levels in the meals being prepared, transported, and delivered. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality.
14. Insurance
The Vendor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees.
The Vendor shall not commence any work under this contract until he has secured all insurance required by this section and the professional services contract nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained. In accordance with Section 3700 of the California Labor Code, the Vendor shall (i) maintain adequate worker’s compensation insurance under the laws of the State of California for all labor employed by him or any subcontractor under him, or (ii) secure from the Director of Industrial Relations a certificate to self -insure such labor, when such labor comes within the protection of such worker’s compensation laws.
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All policies shall contain the following: (i) a provision or endorsement naming the City of Montebello and the Montebello City Council, City Council appointed Commissions, and Committees, and all City elective and appointed officers, employees, agents, consultants, as additionally named insured with respect to liabilities arising out of acts or omissions caused by negligence of the Vendor or those working under him in the performance of the contract work, (ii) a provision or endorsement holding the City of Montebello , including the City Council, It’s officers, agents, consultants, and employees, harmless from any claims or damages arising from such acts or omissions and stating that the City, including the City’s officers, agents, consultants, and employees, will be defended from any such claims, (iii) a provision or endorsement that such insurance is primary insurance of said additionally named insured with respect to such liabilities, and that with respect to such liabilities, any other insurance maintained by said additional insured is excess and not contributing insurance with respect to the insurance required hereunder, (iv) a provision or endorsement providing that such insurance shall not be terminated, canceled, reduced or allowed to expire except upon thirty (30) days prior written notice to the City.
Promptly upon execution of the contract and prior to commencement of any work, Vendor shall furnish the City certificates of insurance covering all policies providing the insurance required hereunder. Insurance requirements are further outlined in the sample Professional Services Agreement found in this RFQ.
Vendor agrees, upon written request, to furnish City with copies of all required policies, certified by an authorized representative of the insurer. All insurance issued under the provisions of this section shall be issued in the form and by insurance organizations approved by the City prior to the commencement of any work hereunder.
15. Availability of Funds
The Agency shall have the option to cancel this contract if the federal government withdraws funds to support the CACFP and or SFSP. It is further understood that, in the event of cancellation of the contract, the agency shall be responsible for meals that have already been assembled and or delivered in accordance with the contract.
16. Number of Meals and Delivery Times
The vendor must provide the exact number of meals ordered. Counts of meals will be made at all centers before meals are accepted. Damaged or incomplete meals shall not be included when the number of delivered meals is determined.
17. Emergencies
In the event of unforeseen emergency circumstances, the vendor shall immediately notify the Agency of the following: (a) the impossibility of on-time delivery; (b) the
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circumstance(s) precluding delivery; and (c) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than 1 hour after specified mealtime. Emergency circumstances at the center precluding utilization of meals are the concern of the agency. The agency may cancel orders provided it gives the vendor at l east 24 hours’ notice.
Adjustments for emergency situations affecting the vendor's ability to deliver meals or the agency's ability to utilize meals for periods longer than 24 hours will be mutually worked out between the vendor and the agency.
18. Termination for Cause or Convenience
(a) The A gency reserves the right to terminate th e contract if the vendor fails to comply with any of the requirements of th e contract. The Agency shall notify the vendor of specific instances of noncompliance in writing. In instances where the vendor has been notified of noncompliance with the terms of the contract and failed to take immediate corrective action, the Agency shall have the right upon a 30-day written notice to terminate the contract. The vendor shall be liable for any damages incurred by the agency. The Agency shall negotiate a repurchase contract on a competitive basis to arrive at a fair and reasonable price. (b) The Agency reserves the right to terminate the contract for convenience. (c) The Agency shall by written notice to the vendor, terminate the right of the vendor to proceed under th e contract if it is found by the Agency that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the vendor to any officer or employee of the agency, with a view toward securing the contract or securing favorable treatment with respect to the awarding or amending of the contract; provided that the existence of the facts upon which the agency makes such findings shall be in issue and may be reviewed in any competent court.
(d) In the event th e contract is terminated as provided in paragraph (c) hereof, the Agency shall be entitled (i) to pursue the same remedies against the vendor as it could pursue in the event of a breach of the contract by the vendor, and (ii) as a penalty in addition to any other damages in an amount which shall not be less than three nor more than 10 times the cost incurred by the vendor in providing any such gratuities to any such officer or employee.
(e) The rights and remedies of the agencies provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this RFQ and the contract.
19. Subcontracts and Assignments
The vendor shall not subcontract with any other vendor for the total meal, with or without milk, or for the assembly of the meal; and shall not assign, without the
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advance written consent of the agency, this contract or any interest therein. In the event of any assignment, the vendor shall remain liable to the Agency as principal for the performance of all the vendor’s obligations under this contract.
20. Equal Opportunity
The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (Title 41, Code of Federal Regulations, Chapter 60).
During the performance of this contract, the vendor agrees as follows:
Vendor shall comply with E.O. 11246, Equal Employment Opportunity, as amended by E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.
Vendor shall comply with applicable federal, state, and local laws and regulations pertaining to wages, hours, and conditions of employment. In connection with vendor's performance of work under this Agreement, Vendor agrees not to discriminate against any employee(s) or applicant(s) for employment because of sex, age, race, color, religion, creed, sexual orientation, gender identity, national origin, or disability. Vendor shall also comply with applicable Civil Rights laws as amended including but not limited to Title VI of the Civil Rights Act of 1964; Title IX of the Education Am endments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-6, Civil Rights Compliance and Enforcement in any Child Nutrition Program.
The vendor will take affirmative action to ensure that the evaluation and treatment of his/her employees and applicants for employment are free of such discrimination.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
Vendors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. The vendor and the vendor’s subcontractors shall give written notice of their obligations under
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this clause to labor organizations with which they have a collective bargaining or other agreement.
The vendor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375, and by the rules, regulations, and orders of the Department of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (d) In the event of the vendor's noncompliance with the equal opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the vendor may be declared ineligible for further state or federally funded contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
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REQUIRED INFORMATION AND BID FORMAT
In order to be considered for selection, respondent individuals or firms shall submit a bid that addresses each of the following criteria, and shall also provide resumes and evidence of qualifications to provide the services listed in this RF Q. All bids must be electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website at
http://www.montebelloca.gov/departments/finance/requset_for_proposal___bids. All Prospective Bidders must register to bid through the PlanetBids Vendor Portal found on the City of Montebello’s website at the link provided above.
The City reserves the right to reject any and all bids as “non -responsive” for failure to provide the required information and abide by the required format outlined in this RFQ.
1. Letter of Introduction
a. Provide a letter of introduction signed by a Principal or Senior Officer of the company.
b. If submitting as a team, note which team is the prime consultant or lead joint venture partner, if applicable.
c. Include the name, title and resume of the person who will be the lead/project manager and the name(s) and title(s) and resumes for the individuals that will supervise or deliver services.
2. Firm Information and Qualifications
a. Number of years firm has been in business
b. List the company experience in providing similar services, including a chart that indicates name, personnel qualificati ons, state registrations, health department certifications and/or any certifications relevant to the type of SFSP services proposed to be provided.
3. References
a. Provide a list of at least 3 current references. Include name of individual or organization, job title, email address, mailing address, telephone number(s).
Identify the type of services provided to each individual/organization, the location where the services were provided, and the dates of service.
4. Firm’s Capabilities and Abilities
a. Provide a statement demonstrating your firm’s or team’s ability to accomplish the scope of services in a comprehensive and thorough manner to meet the needs of the City of Montebello addressing scope of work identified above.
5. Contract Documents
a. Utilize the attached Project Bid Sheet (Appendix A) to provide a proposed schedule of fees for each lunch or snack to be provided.
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b. Vendor must fill out the attached Terms and Conditions (Appendix B). c. Vendor must provide a 40-day sample menu cycle.
6. Customer Service
a. Describe how your firm provides for responsiveness to phone calls or email from City staff; and discuss your anticipated relationship with the City of Montebello and your organization.
7. Standard Professional Services Agreement
a. Include a statement regarding whether the City’s standard professional services agreement is acceptable as is or whether any modification would be proposed.
8. List any lawsuits or arbitration proceedings that have been initiated by or against your firm in the past five (5) years. Briefly state the nature of the action and the outcome.
EVALUATION PROCESS AND SELECTION CRITERIA
Evaluation of the proposals will be based upon a competitive selection process. Selection may not, however, be limited to price alone. City staff and evaluators will review all statements of proposals received timely. The candidate will be evaluated on the following criteria:
1. Cost per meal/snack - 40%
2. Adequacy of facilities for food preparation, with approved licensing certification.
Facilities must meet all applicable state and local health, s afety, and sanitation standards - 20%
3. Previous experience performing services similar in nature and scope - 20%
4. References - 20%
The vendor must satisfy the City of its ability to perform the services required. The vendor must demonstrate and document a history of timely and satisfactory performance of similar projects in a manner, which addresses the stated evaluation criteria. The vendor shall be responsible for the accuracy of information supplied concerning references. In addition, the City may consider evidence of untimely and unsatisfactory performance on prior similar projects, or litigation by the vendor on previous contracts to be grounds for disqualification.
The City reserves the right to reject any or all Quotations, amend the RFQ , and to discontinue or re -open the process at any time. The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria. Upon completion of the evaluation phase, the City will select those vendors for interviews whose bids and qualifications most closely conform to the requirements of this RFQ , if
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required. The vendor, by submitting a response to this RFQ , waives all rights to protest or seek any legal remedies whatsoever regarding any aspe ct of this RFQ . The City may choose to interview one or m ore firms responding to this RFQ , and may enter into more than one contract with multiple individuals or firms, if City determines that is the best way to address the full range of services needed under this RFQ.
Questions during the solicitation period are preferably received by email, and may be addressed to:
Attn: Laurie Aguilar
Director of Recreation & Community Services
[email protected]
1600 W. Beverly Blvd.
Montebello, CA 90640
(323) 887-1200 ext. 1374
CONTRACT WITH THE CITY AND ANTICIPATED TIMING FOR BEGINNING
SERVICES
The selected vendor will be required to enter into an Agreement with the City. The Agreement will include the final scope of work that is negotiated with the vendor. The City Manager is the authorizing entity to issue contracts with the Montebello City Council approval, and the contract will not take effect until it is approved by the City Council (as required) and fully executed by Vendor and City.
During the term of the contract, the Vendor will be required to keep informed of applicable local, State and Federal laws and regulations, including, but not limited, to those pertaining to conflict of interest, which in any manner affect those employed by the vendor or in any way affect the performance of the requested services.
The City’s standard professional services agreement is attached, including insurance requirements. As part of your proposal, please indicate whether the standard agreement is acceptable or whether you would like to propose modifications to the standard agreement.
SUBMITTAL REQUIREMENTS
Proposals will be received through 11:00 A.M. on Thursday, April 4, 2024.
All bids must be Electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website at
http://www.montebelloca.gov/departments/finance/requset_for_proposal___bids.
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APPENDIX “A”
UNIT PRICE SCHEDULE
RFQ 24-1
SUMMER FOOD SERVICE PROGRAM PROVIDER
Unit Price Schedule
Bidders are to submit prices on the following meal types meeting the contract specifications set forth in this RFQ for meals to be delivered to all of the sites stated on page 5.
A.
Meal Type
B.
Estimated
Servings Per
Day
C.
Estimated
Number
of Serving Days
D.
Unit Price
E.
Total Price
Snack SFSP 350-400 40 $ $
Lunch SFSP 350-400 40 $ $
Bidders shall submit their bids on an "all or none" basis. Except as otherwise provided in this solicitation, if a contract is awarded as a result of this solicitation, it will bind the agency during the term of the contract, secure all of the identified meals from the successful bidder, and such contract shall bind the bidder/ vendor to perform all such work ordered by the agency at prices specified in the contract.
In the event of any inconsistencies or errors, the unit price (D) shall take precedence.
Company Name Authorized Representative Name
Company Address, Phone Number, E-mail Address
For this quotation to be valid, this sheet must be signed.
Signature Date
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APPENDIX “B”
CITY OF MONTEBELLO
RFQ 24-1
SUMMER FOOD SERVICE PROGRAM PROVIDER
TERMS AND CONDITIONS
I have seen the project area described in the City of Montebello specifications for Summer Food Service Program Provider and agree to adhere to all guidelines, specifications and submittal requirements as outlined in this RFQ Document.
Yes ___________ No ________
PRINT NAME: _______________________________________
SIGNATURE: _______________________________________
COMPANY NAME: _______________________________________
ADDRESS: _______________________________________
PHONE NUMBER: _______________________________________
DATE: ________________________________________
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APPENDIX “C”
CONTRACT FOR VENDED MEALS
THIS AGREEMENT, made and entered this __ day of ____ 2024, in the State of California, by and between the City of Montebello, hereinafter referred to as the agency and _____________
hereinafter referred to as the vendor.
WITNESSETH:
That the vendor for and in consideration of the covenants, conditions, agreements, and stipulations of the agency hereinafter expressed, does hereby agree to furnish to the agency services and materials as described in the RFQ, were attached and made a part hereof by this reference.
The period of this contract shall be from June 10, 2024 through August 9, 2024.
This contract may be
renewed for one -year periods up to four times upon agreement of the agency and the vendor. Any increase or decrease of the unit price(s) shall be negotiated during the renewal process. Either party may terminate this contract for cause or convenience with a 30-day written notice.
If the contract is terminated, the Agency will pay the vendor any amount due within 30 days for meals ordered and met the meal pattern requirement.
In consideration of the service, performed in a manner acceptable to the agency and in compliance with the regulations for the SFSP 7 CFR, Part 225 and the CACFP 7 CFR, Part 226 the agency shall pay the vendor within 30 days of receipt, the full amount of the itemized invoices as confirmed by delivery receipts, at the unit price(s) specified in the contract.
The total amount payable by the agency to the vendor under t his contract shall not exceed $75,000.00 annually.
Within 10 days of awarding this Contract, the Vendor will provide the Agency a performance bond that is within (10% to 25%). Enter the amount of the percentage and amount of the Performance Bond that is required: %Amount $ IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
AGENCY VENDOR
CITY OF MONTEBELLO VENDOR (STATE WHETHER A CORPORATION, PARTNERSHIP, ETC.)
BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
TITLE ADDRESS
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APPENDIX “D”
SFSP MEAL PATTERNS
LUNCH
Select all four components for a reimbursable meal:
1 milk 1 cup fluid milk
2 fruits/vegetables 3/4 cup juice,1 fruit and/or vegetable 1 grains/bread2
1 slice
1 serving
1/2 cup
1/2 cup
bread or
cornbread or biscuit or roll or muffin or
hot cooked cereal or
pasta or noodles or grains
1 meat/meat alternate
2 oz.
2 oz.
2 oz.
1 large
1/2 cup
4 Tbsp.
1 oz.
8 oz.
lean meat or poultry or fish 3 or
alternate protein product or
cheese or
egg or
cooked dry beans or peas or
peanut or other nut or seed butter or
nuts and/or seeds or
yogurt 5
1 Fruit or vegetable juice must be full-strength. Full strength vegetable or fruit juice may be counted to meet not more than one-half of this requirement.
2 Breads and grains must be made from whole-grain or enriched meal or flour. Cereal must be whole-grain or enriched or fortified.
3 A serving consists of the edible portion of cooked lean meat or poultry or fish. 4 Nuts and seeds may meet only one-half of the total meat/meat alternate serving and must be combined with another meat/meat alternate to fulfill the lunch or supper requirement. 5 Yogurt may be plain or flavored, unsweetened or sweetened.
APPENDIX E
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO.
WITH
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on , 202 _ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and (the “CONSULTANT”). The CITY and the
CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide services in the CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.
2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide
services as set
forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
PROFESSIONAL SERVICES AGREEMENT NO.
c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one -year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsu ltants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product
PROFESSIONAL SERVICES AGREEMENT NO.
shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience . The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by
PROFESSIONAL SERVICES AGREEMENT NO.
giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less th e amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT 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 CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants
PROFESSIONAL SERVICES AGREEMENT NO.
with workers’ compensation insurance or any other insurance.
SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for t he payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants 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 the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be impo sed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
PROFESSIONAL SERVICES AGREEMENT NO.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance o f this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to
PROFESSIONAL SERVICES AGREEMENT NO.
the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT 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 a n additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement sha ll contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT 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.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and
PROFESSIONAL SERVICES AGREEMENT NO.
expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to p roperly supervise and coordinate the work of employees, assignees, delegees or sub -consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT 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 Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
PROFESSIONAL SERVICES AGREEMENT NO.
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. 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, de livered 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.
SECTION 22. NOTICE.
PROFESSIONAL SERVICES AGREEMENT NO.
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) b usiness day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]
With a copy to: City of Montebello – Department Name
Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.
Email: [ENTER EMAIL ADDRESS]
If to Consultant: Consultant Name
Attn:
Address
City, CA #####
(###) ###-####
Email
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub - consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiv ing party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
PROFESSIONAL SERVICES AGREEMENT NO.
conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO CONSULTANT NAME
Raul Alvarez, City Manager Full Name, Title
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation
• Exhibit c – Live Scan Fingerprinting Requirement
EXHIBIT “A”
Request for Proposals for Services and Contractor’s Proposal
EXHIBIT “B”
Schedule of Compensation
EXHIBIT “C”
Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.
The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Hum an Resources prior to performing work.
Page | 23
SNACK
Select two of the four components for reimbursable snack:
1 milk 1 cup >fluid milk
1fruit/vegetable 3/4 cup juice,1 fruit and/or vegetable 1 grains/bread2
1 slice
1 serving
3/4 cup
1/2 cup
1/2 cup
bread or
cornbread or biscuit or roll or muffin or
cold dry cereal or
hot cooked cereal or
pasta or noodles or grains
1 meat/meat alternate
1 oz.
1 oz.
1 oz.
1/2 large
1/4 cup
2 Tbsp.
1 oz.
4 oz.
lean meat or poultry or fish3 or
alternate protein product or
cheese or
egg or
cooked dry beans or peas or
peanut or other nut or seed butter or
nuts and/or seeds or
yogurt
1 Fruit or vegetable juice must be full-strength. Juice cannot be served when milk is the only other snack component.
2 Breads and grains must be made from whole-grain or enriched meal or flour. Cereal must be whole-grain or enriched or fortified.
3 A serving consists of the edible portion of cooked lean meat or poultry or fish. 4 Yogurt may be plain or flavored, unsweetened or sweetened.
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Assistant Director
SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NOS. 24-13 AND 24-14 FOR THIRD-PARTY ADMINISTRATOR SERVICES FOR THE
CITY'S SELF-FUNDED WORKERS COMPENSATION AND GENERAL
LIABILITY PROGRAMS
DATE: February 28, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve issuing a Third-Party Administrator Services Request for Proposal (RFP No. 24-13) for the City’s self-funded workers’ compensation program; and
2. Approve issuing a Third-Party Administrator Services Request for Proposal (RFP No. 24-14) for the City’s self-funded general liability program; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to issuing RFP Nos. 24-13 and 24-14 for Third Party Administrator Services (TPA Services) for the City’s self-funded workers’ compensation and general liability programs (see Attachments A and B). Once a vendor is selected for award, the City Council may be requested to approve an agreement and amend the Fiscal Year 2023-24 Budget as needed to appropriate funds. Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for these services.
BACKGROUND/DISCUSSION:
In April 2020, the City entered into Agreement No. 3767 with Hazelrigg Claims Management Services, Inc. (HCMS) to receive TPA Services for the City’s self-insured workers’ compensation and general liability programs. The initial term of the agreement
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
was for three (3) years (from May 16, 2020, to May 15, 2023) with the option to exercise up to two (2), 1-year term contract extensions.
In Summer 2020, HCMS began discussions with TRISTAR Claims Management Services, Inc. (TRISTAR), to acquire its book of business, including the responsibility to provide TPA Services for the City’s workers’ compensation and general liability programs.
On January 1, 2021, HCMS merged with TRISTAR, the largest privately owned, independent third-party claims administrator in the United States. The City received notice of the merger and agreed to HCMS delegating its duties and rights to TRISTAR in accordance with Agreement No. 3767, Section 15. – Subcontract, Assignment, or Delegation.
On June 14, 2023, Staff recommended and City Council approved a 1-year term contract extension (from May 16, 2023, through May 15, 2024) under the authority of Agreement No. 3767. The amendment revised the Scope of Work and decreased the annual not-to- exceed amount from $331,776 to $278,000. Furthermore, the amendment extended TRISTAR’s TPA Services for the City’s self-insured workers’ compensation program, and limited TPA Services for the City’s general liability program, specific to the use of TRISTAR’s computerized claims management information system to properly track past, existing, and future general liability claims. This extension provided ample time for staff to develop and issue RFPs to solicit proposals from highly qualified vendors for TPA Services tailored to the City’s self-funded risk management programs.
ENVIRONMENTAL:
N/A
ANALYSIS:
With the City’s current agreement for TPA Services scheduled to expire on May 15, 2024, staff requests authority to issue RFP Nos. 24-13 and 24-14, soliciting proposals from highly qualified vendors to provide TPA Services for the City’s self-funded workers’ compensation and general liability programs. Staff recognizes that this is an opportunity to assess the current marketplace for both of the City’s self-funded risk management programs and improve the overall quality, cost, and responsiveness of these programs.
The City is particularly interested in a vendor that will deliver objective and measurable results to reduce the cost and duration of both types of liability claims, provide claims processing in a timely and professional manner, actively pursue subrogation, and assist in returning injured employees to work by maintaining strong communication with the injured employee and the City.
SUMMARY:
Staff recommends that the City Council approve issuing RFP Nos. 24-13 and RFP No. 24-14, attached hereto in substantial form (Attachments A and B), for TPA Services for the City’s self-funded general liability and workers’ compensation program; and direct staff to take such additional related, action that may be desirable.
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
ATTACHMENT(S)
1. ATTACHMENT A - RFP 24-13 - Third Party Administration- WORKERS COMP.
2. ATTACHMENT B - RFP 24-14 - Third Party Administration-GENERAL LIABILITY
NEXT STEPS:
N/A
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 13
Workers Compensation Third Party Administrator
Services
Release Date: Thursday, February 29, 2024
Questions Due: Wednesday, March 20, 2024, at 11 a.m. PDT Due Date: Thursday, April 4, 2024, at 11 a.m. PDT
ATTACHMENT A
2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
DATE OF SOLICITATION
February 29, 2024
PROJECT
Workers Compensation Third Party Administrator Services
PROPOSAL OWNER
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: John Soria, Assistant Director of Human Resources Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, March 20, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
6.0 Vendor Qualifications 10
7.0 Proposal Submittal 10
8.0 Evaluation of Proposal 11
9.0 Proposal Protests 11
10.0 Execution of Agreement 13
11.0 Insurance 13
12.0 Use of Federal Funds 15
13.0 Non-Commitment of City 16
14.0 Labor Requirements 16
15.0 Records 16
16.0 Subcontractors 17
17.0 Modifications/Changes 17
18.0 Disclosure of Information 17
19.0 Ex-Parte Communications 17
20.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from highly qualified vendors to provide third- party administrator (TPA) services for the City’s self -insured Workers’ Compensation Program following the specifications, terms, and conditions identified in this RFP .
Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
Prospective vendors must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, March 20, 2024, at 11:00 a.m. PST.
*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, April 4, 2024, at 11:00 a.m.
PST.
Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.
6 2.0 Introduction
The City of Montebello (City) invites prospective vendors to submit a proposal to provide third-party administrat or (TPA) services for the City’s self -insured Workers’ Compensation Program. The City is seeking a firm to provide a comprehensive quality program to include program administration, claims Administration, claim management reporting, data conversion, and financial management. The TPA shall have personnel with specialized skills and certifications required to handle workers’ compensation claims caseloads effectively and efficiently.
The TPA not only works closely with injured employees, but medical providers and attorneys as well when investigating, negotiating, and settling claims made by injured employees. The TPA acts as the primary claims handler and serves in an advisory role to the City by making recommendations on the appropriate disposition (settlement or denial) of claims.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, February 29, 2024
• Online Q&A Deadline Wednesday, March 20, 2024,11 a.m. PDT • Deadline to Submit Responses Thursday, April 4, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-April 2024
• Interviews TBD (If Necessary)
• Notifications Sent to Vendors Early/Mid-May 2024
• Award May 2024
4.0 Purpose
The purpose of this solicitation is to identify a highly qualified vendor to assist the City with accurate claims handling and reporting. The TPA will be expected to provide initial training for all designated City staff on the claim’s submission process and forms, as well as ongoing training as required. The T PA is expected to provide the City with loss- control data and other cost -control methods and services. Transfer of claims from the City's current TPA will be required.
7 The City is seeking to establish an agreement with a minimum term of three (3) years, with up to two (2) one-year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor.
5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing well-versed experience in regulations governing a self -insured workers compensation program, to assist in claims administration and maintenance. The City is particularly interested in a firm that can offer creative and innovative approaches with a proven track record that allows the City to maintain a quality workers' compensation program and reduce costs.
Claims Administration
• Claims Administration (from claim inception to disposition) • Medical Provider Network (MPN)
• Managed Care Services, which shall include:
o Medical Billing Reviews
o Utilization Reviews
o Field Nurse Case Management
o Telephonic Nurse Case Management
o Pharmacy Card Services
Claims Personnel
A Dedicated Senior Claims Adjuster and Claims Supervisor shall be assigned to the City’s account and appropriate support staff. The City retains the right and opportunity to interview, approve, and/or reject all proposed individuals to be assigned to the City’s account.
Claim Handling and Case Review
• The TPA will investigate questionable claims with coordination, assistance , and approval from the City.
• The TPA shall maintain, in accordance with California law, a claim file on each reported claim. Said claim file shall also be available to the City during normal business hours and include actual costs and estimated costs of all anticipated benefits and expenses related to the claim file. • The TPA shall closely monitor all active claims and make timely reports to the City of case status, pending issues, suspected malfeasance, and any other pertinent program information.
8 • The TPA shall provide the City with regular loss reports, as requested by the City, and provide special reports for an additional expense when requested.
• The TPA shall, on behalf of the City, examine all reports of industrial injury to or disease of employees reported to it by the City and properly process each claim from its inception to resolution. Such procedures shall include, but not be limited to, determining the compensability of claimed injuries and illnesses under the State Workers' Compensation Law, eligibility for payments of medical benefits and medical examinations, coordinating rehabilitation efforts, recommending payment of temporary and permanent disability compensation, and utilizing, as necessary or desirable, the advisory rating of the Permanent Disability Rating Bureau.
Communication
The TPA shall maintain regular communications with the City and injured employees, from the inception to disposition of each claim. Communication is required but not limited to:
• TPA shall make initial contact with the claimant and establish a claim file within 24 hours of receiving the Employers’ First Report of Injury from the City.
• TPA contacts the physician’s office within one to three days of notice of all new claims and shall provide follow-up and intervention with medical service providers on behalf of the City and the injured employee. • TPA shall be the point of contact for injured workers for assistance with all aspects of the workers’ compensation process including explanation of permanent disability ratings and other benefit notices. • The TPA shall provide the City, on an annual basis, with a program improvement plan based on program utilization rates and cost ‐to‐benefit analyses.
Workers' Compensation Account Payments
• The TPA shall, with the approval of the City and at the City’s expense, engage the services of people or firms o utside its organization for work not generally performed by claims examiners in connection with the investigation and adjustment of claims.
9 • The TPA shall , on behalf of the City, decide which benefits, if any, should be paid or rendered under the applicable State Workers' Compensation laws for each reported claim.
• The TPA shall make timely payments and/or reimbursements of all duly payable program benefits, wages, medical expenses, and eligible costs covered under State Workers' Compensation law from the claim payment fund established and maintained by the City.
Staff Training
The vendor selected is expected to conduct system administrator and user training sessions for the City. At least three (3) training sessions are conducted for the groups (1 – System Administrator Training, 2 – User Training). Furthermore, the vendor will also be required to provide all reference manuals, booklets, and/or other materials required for training. Vendors are requested to indicate their availability to conduct training and provide the cost in their proposal. Training sessions can be facilitated remotely (e.g.
Zoom, Microsoft Teams) or in-person.
Compliance and Reporting
The TPA shall keep the City informed of all program compliance matters and ensure the City meets all program reporting requirements and deadlines. This requirement shall include:
• Prepare and submit all legally required program forms and reports to their authorized agencies on behalf of the city within 15 days of said deadline. • Prepare and submit no later than 30 days before the due date, the Public Entities Self -Insures’ Annual Report, as required by the State of California Department of Industrial Relations Workers Compensation Division. • The TPA shall report claims to the City's excess insurance carries in accordance with the claims reporting criteria of said carriers and pursue the collection of covered losses on behalf of the City.
Program Review
The TPA shall conduct quarterly program analyses and status meetings, as requested, with the City to discuss case statuses, issues, and trends based on the TPA’s analysis of the program. The TPA shall also recommend loss controls and solutions to the City based on its quarterly program analyses. The TPA may be asked to attend a council meeting if needed.
6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:
A. The proposer has advanced knowledge of the administrative requirements, laws,
10 and practices relating to Workers’ Compensation Claims Administration within a municipal government setting.
B. The proposer has demonstrated a track record of success in handling all aspects of Workers’ Compensation Claims Administration with at least five years providing these services to public entities in the State of California.
C. Demonstrated experience in assisting other municipalities with the development and/or administration of self-insured worker’s compensation strategies.
D. The proposer must demonstrate an understanding of the assignment and knowledge of the skills necessary to serve as the Workers’ Compensation Claims Administrator.
Settlement
All settlement proposals aimed at the City shall be forwarded by the TPA or defense counsel in writing, along with a reasoned settlement recommendation with supporting documentation required by the City. Proposals shall be presented to the City with enough time to process and obtain settlement authority from either the City or City Council as required.
Background Check
Vendor representatives working on-site and in some remote capacities will be required to undergo a background check conducted by the City.
7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information , including any addenda may result in the proposal being considered “non -responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will
11 include the following steps:
A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluation - In the second part of this process, the evaluation committee will review, and rate proposals as follows:
i. Qualifications related to this project (50%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills.
ii. Reputation for integrity and competence (30%)
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services (20%)
The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria. Upon completion of the evaluation phase, the City will select those vendors for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.
9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
12 Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting vendor a fair review and
13 shall have up to ten (10) working days to review the protest and render its decision.
10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful vendor and returned with the required insurance within ten (10) business days after the City has pr ovided written notice that the vendor has been awarded.
Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
11.0 Insurance
The vendor selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the firm must submit a written request for a waiver of this requirement.
C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors
14 and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
15 In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Vendors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
12.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed -through" to the City from a non -Federal entity (i.e., sub -recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The standards applied to all purchases of items and services using Federal funds is as follows:
• Transactions shall be conducted lawfully and ethically. • Unnecessary/duplicative purchases are not permitted.
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited.
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest.
• Procurement transactions must be conducted in a manner providing full and open competition.
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible. • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A.
• Purchases of goods and services must include documentation detailing the procurement history.
16 In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
13.0 Non-Commitment of City
While the City intends to select a vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
14.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the vendor and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the vendor allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The vendor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
15.0 Records
The vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the vendor to audit any performance aspect under this agreement.
16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used in this work shall be under the direct supervision of the vendor and shall be considered as their employees.
Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
17 17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the vendor. These changes will be processed by the City Manager.
18.0 Disclosure of Information
A. The vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the vendor shall be used exclusively in connection with the performance of services.
B. The vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
19.0 Ex-Parte Communications
The v endor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.
This restriction does not prohibit vendors and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.
20.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to:
i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
18 B. 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;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 14
General Liability Third-Party Administrator Services
Release Date: Thursday, February 29, 2024
Questions Due: Wednesday, March 20, 2024, at 11 a.m. PDT Due Date: Thursday, April 4, 2024, at 11 a.m. PDT
ATTACHMENT B
2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
DATE OF SOLICITATION
February 29, 2024
PROJECT
General Liability Third-Party Administrator Services
PROPOSAL OWNER
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: John Soria, Assistant Director of Human Resources Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, March 20, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
7.0 Proposal Submittal 10
8.0 Evaluation of Proposal 11
9.0 Proposal Protests 11
10.0 Execution of Agreement 13
11.0 Insurance 13
12.0 Use of Federal Funds 15
13.0 Non-Commitment of City 16
14.0 Labor Requirements 16
15.0 Records 16
16.0 Subcontractors 17
17.0 Modifications/Changes 17
18.0 Disclosure of Information 17
19.0 Ex-Parte Communications 17
20.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from highly qualified vendors to provide third- party administrator (TPA) services for the City’s self -insured General Liability Program following the specifications, terms, and conditions identified in this RFP . Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
Prospective vendors must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, March 20, 2024, at 11:00 a.m. PST.
*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, April 4, 2024, at 11:00 a.m.
PST.
Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described.
6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide third-party administrat or TPA) services for the City’s General Liability Program. The City is seeking a firm to provide a comprehensive quality program to manage liability claims administration services in support of improving claims handling and management, increasing program efficiencies , and reducing litigation. The goal is to improve internal controls, increase fiscal transparency by reducing program liabilities and costs, and establish sound fiduciary responsibilities and controls.
The TPA represents the City in all matters related to the set -up, investigation, adjustment, processing, and resolution of liability claims against the city. The TPA acts as the primary handler and serves in an advisory role to the City by making recommendations on the appropriate disposition (settlement or denial) of claims.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, February 29, 2024
• Online Q&A Deadline Wednesday, March 20, 2024,11 a.m. PDT • Deadline to Submit Responses Thursday, April 4, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-April 2024
• Interviews TBD (If Necessary)
• Notifications Sent to Vendors Early/Mid-May 2024
• Award May 2024
4.0 Purpose
The purpose of this solicitation is to identify a highly qualified vendor to assist the City with quality management of liability claims and reporting. As a self-insured public entity, the City contracts with a general liability TPA that has personnel with specialized skills and knowledge of the laws and practices relating to professional property and causality insurance brokering services, loss control, claims servicing, and administration in a municipal government setting. The TPA will be expected to conduct investigations and negotiations as the City's representative toward liability claims against the city.
The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2) year extension options for a total of up to five (5) years.
This requirement may change during the process of finalizing the agreement with the selected vendor.
7 5.0 Scope of Work/Services
The City is requesting proposals from highly qualified vendors capable of providing well-versed experience in regulations governing a general liability program, to assist in claims administration, investigations, and negotiations.
The City is particularly interested in a firm that can offer creative and innovative approaches with a proven track record that allows the city to maintain a quality general liability program and reduce costs.
The TPA awarded these services through this RFP shall be required to provide tort claim management services as follows:
• Claims Administration (from claim inception to disposition) • Liability and claims investigations
• Negotiation of claim settlements
• Assumption of the handling of existing open claims
• Review all relevant law firm invoices
• Reporting to the City’s excess General Liability carrier Administration
• Provide professional and technical staff to perform the services as agreed upon under a separate contract with the City and the RFP. • Represent the City in all matters related to the set -up, investigation, adjustment, processing, negotiation and resolution of liability claims against the City.
• Inform the City of changes or proposed changes in statutes, rules and regulations and case law affecting the general liability program. • Assist in the development of policies and procedures relating to the general liability claims program.
• Provide information and guidance regarding the general liability program and specified claims.
• Inform the City of problem areas or trends, both potential and perceived, and provide recommendations and/or solutions to address problem areas or trends.
• Provide copies of file correspondence and documentation as requested. • Attend appointments including, but not limited to, meetings, conferences, court appearances, and scene investigations at the request of the City. • Provide 24 -hour on -call service. This can be accomplished by providing the City with a 24-hour phone number, pager, beeper or telephone number for key personnel. The 24 -hour on -call service may include, but not be limited to, responding to an incident scene, attending meetings, and conducting investigations.
• Conduct risk management-related seminars for department heads and/or the City staff at the request of the City up to four times a year. • The TPA shall conduct quarterly program analyses and status meetings, or more frequently if requested, with the City to discuss case status, issues, and trends based on the TPA’s analysis of the program. TPA shall also recommend loss controls and solutions to the City based on its quarterly program analyses.
8 • The TPA shall provide the City with regular loss reports, as requested by the City, and provide special reports at no, or reasonable, additional expense, when requested.
Claims Personnel
A Dedicated Senior Claims Adjuster and Claims Supervisor shall be assigned to the City’s account and appropriate support staff. The City retains the right and opportunity to interview, approve, and/or reject all proposed individuals to be assigned to the City’s account.
Claim Handling and Case Review
• TPA will investigate questionable claims with coordination, assistance , and approval from the City.
• The TPA shall maintain, in accordance with California law, a claim file on each reported claim. Said claim file shall also be available to the City during normal business hours and include actual costs and estimated costs of all anticipated benefits and expenses related to the claim file. • The TPA shall closely monitor all active claims and make timely reports to the City of case status, pending issues, suspected malfeasance, and any other pertinent program information.
• The TPA shall provide the City with regular loss reports, as requested by the City, and provide special reports for an additional expense when requested.
• At the direction of the City, contact the claimant, or their attorney, within five (5) days of receipt of the claim and maintain appropriate contact until the claim is closed.
• Review the status of claims and adequacy of reserves on all active cases at least every 90 days.
• Provide narrative reports to the City when recommending the disposition of a claim, when a claim goes to trial, or any other significant events that have or will occur. Reports must be clear and concise and be provided in a format approved by the City.
• Negotiate settlements within authority limits.
Investigations
Investigative services shall, at a minimum, include the following:
• Take statement of facts from all claimants when not represented by an attorney or with the attorney’s permission. Statements will be preserved by recording or by taking handwritten signed statements.
• As warranted, conduct further investigation of a claim and advise the City when further investigation is deemed warranted. Further investigation may
9 include, but not be limited to, on -site investigation, photographs, interviewing witnesses, verification of damage or loss, taking measurements, obtaining maps/diagrams from the City or other sources, obtaining medical releases, police reports, paramedics reports, marine department or other reports as may be necessary, obtaining building permits or other records as required. • If a claimant is represented by an attorney, direct all communication to the claimant’s attorney regarding the investigation, negotiation, and evaluation of any claims leading to a settlement as may be appropriate. • Report all Bodily Injury claims to the Index Bureau. The Conduct Index Bureau searches for repeat claimants. Conduct additional Index Bureau searches at the request of the City.
• Obtain approval from the City before engaging the services of an outside vendor for an investigative assignment.
• At the request of the City, investigate inverse condemnation claims. • Arrange, with City approval, for expert services including but not limited to professional photography, independent medical examinations, professional engineering services, and laboratory services.
Litigation Management
Litigation management services shall, at a minimum, include the following:
• As requested by the City, the TPA shall contact the City Attorney assigned to handle the case and provide any and all information concerning the claim and investigation.
• Maintain liaison with the City Attorney’s Office and any outside defense counsel and provide such investigation as required during the entire litigation process, including but not limited to additional investigations for pre-trial and trial that may be requested by either the City Attorney’s Office or defense counsel.
• Assist the City Attorney and defense counsel in preparing and/or answering discovery as requested.
• Assist the City personnel in Small Claims Court actions filed by and against the City, including, but not limited to, obtaining witness information, evidence, assistance in preparing the case for trial , and appearance at the trial if deemed necessary by the City.
Compliance and Reporting
The TPA shall keep the City informed of all program compliance matters and ensure the City meets all program reporting requirements and deadlines. This requirement shall include:
• Prepare and submit all legally required program forms and reports to their authorized agencies on behalf of the city within 15 days of said deadline. • Submit monthly reports during the term of the agreement. The monthly
10 reports shall indicate the status and detail of every open claim assigned to the Administrator, including but not limited to the reserves assigned for each claim, a summary of each loss by type, department, year, litigation status, and coded as to cause.
• Report to any excess insurance carrier(s) in accordance with policy provisions. The City will provide the names and addresses of excess insurance carriers. Provide the City with written notification that the required notice has been made to the excess carrier within ten (10) days of the notice of claim.
• Seek reimbursement from the excess insurance carrier for any losses in excess of the City’s self-insured retention.
Vendor Qualifications
The selected vendor must have the minimum qualifications as follows:
A. The proposer has advanced knowledge of the administrative requirements, laws, and practices relating to General Liability Claims Administration within a municipal government setting.
B. The proposer has demonstrated a track record of success in handling all aspects of General Liability Claims Administration and at least five years providing these services to public entities in the State of California.
C. Demonstrated experience in assisting other municipalities with the development and/or administration of general liability claims.
Settlement
All settlement proposals aimed at the city shall be forwarded by the TPA or defense counsel in writing, along with a reasoned settlement recommendation with supporting documentation required by the City. Proposals shall be presented to the City with enough time to process and obtain settlement authority from either the city or city council as required.
Background Check
Vendor representatives working on-site and in some remote capacities will be required to undergo a background check conducted by the City.
7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
11 8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the steps as follows:
A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate the proposals as follows:
i. Qualifications as they relate to this project (50%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
ii. Reputation for integrity and competence (30%)
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services (20%)
9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e -mail within the specified time frame. Protests can be sent to:
Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
12 A. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
B. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
C. All potential proposers will be advised of a pending protest.
D. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Vendor a fair review and shall have up to ten (10) working days to review the protest and render its decision.
10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful vendor and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the vendor has been awarded.
Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
11.0 Insurance
The vendor selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
13 Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
A. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.
B. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
C. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
14 Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Vendors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
12.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed -through" to the City from a non -Federal entity (i.e., sub -recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The standards applied to all purchases of items and services using Federal funds are as
15 follows:
• Transactions shall be conducted lawfully and ethically. • Unnecessary/duplicative purchases are not permitted.
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited.
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest.
• Procurement transactions must be conducted in a manner providing full and open competition.
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible. • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A.
• Purchases of goods and services must include documentation detailing the procurement history.
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
13.0 Non-Commitment of City
While the City intends to select a vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
14.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the vendor and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the vendor allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The vendor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
16 15.0 Records
The vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the vendor to audit any performance aspect under this agreement.
16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used in this work shall be under the direct supervision of the vendor and shall be considered as their employees.
Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the vendor. These changes will be processed by the City Manager.
18.0 Disclosure of Information
A. The vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the vendor shall be used exclusively in connection with the performance of services.
B. The vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
19.0 Ex-Parte Communications
The v endor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.
This restriction does not prohibit vendors and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.
20.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to:
17 i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
B. 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; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director
SUBJECT: APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 3937 WITH
SPORTFIVE GOLF, LLC FOR ADDITIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE MONTEBELLO MUNICIPAL
GOLF COURSE RENOVATION PROJECT
DATE: February 28, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Amendment No. 4 to Agreement No. 3937 with SPORTFIVE Golf, LLC for additional architectural and engineering services in the amount not-to-exceed $40,410; and
2. Authorize the City Manager to execute the amendment on behalf of the City; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $40,410 in Account No. 310-30-302-6040.80 (Golf Course Renovation Project, Public Works, Engineering Services); and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The total estimated expense for the additional architectural and engineering services is $40,410. Staff is requesting approval of a budget amendment to the Fiscal Year 2023- 24 budget, by increasing appropriations by $40,410 in Account No. 310-30-302-6040.80 (Golf Course Renovation Project, Public Works, Engineering Services).
The Golf Course Renovation Project has three distinct phases. The majority of Phases 1 and 2 were paid for utilizing bond funds from the Lease Revenue Bonds, Series 2022A issued in September 2022. The first two phases consisted of rough grading and engineering work, followed by contouring, landscape and related work to create the re- imagined Golf Course. Phase 3 is primarily comprised of work on the new clubhouse as
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
well as related construction work on/around the clubhouse site. This phase, as well as the additional work related to upgrading the entrance road and accompanying areas, is being funded through Gas Tax and General Fund appropriations.
BACKGROUND/DISCUSSION:
On November 10, 2021, the City Council awarded Professional Services Agreement No. 3937 to SPORTFIVE Golf, LLC in the amount of $1,238,290 for the design of the Montebello Municipal Golf Course Renovation Project. The agreement was in response to Request for Proposals (RFP) No. 22-1. The design is progressing and is currently 65% completed.
Additional design services are required to address various project elements that were not contemplated as part of the original project scope and/or to address conditions that have changed during the development of the design. The additional services included in Amendment No. 4 are summarized as follows:
1. Additional Engineering Services for ADA upgrade and pavement rehabilitation for Via San Clemente ($25,410) – Exhibit A-1.
The additional services include:
1) Field Topography – The new topography will be performed along the existing road to generate sections approximately every 25 linear feet. This information will provide enough detail to perform an engineering review to determine areas that are not in compliance with the Americans with Disabilities Act (ADA) guidelines.
2) Via San Clemente Roadway Maintenance Plans – Roadway Maintenance Plans will be prepared at 1”=40’ scale for pavement rehabilitation construction purposes showing plan view only. No Street profile will be shown.
3) Construction Support and Site Visits - During construction, SPORTFIVE will assist the City in responding to requests for information (RFI) and will prepare the necessary plan revisions or details to help the contractor finish the work.
2. Additional Engineering Services for Lake Fill Coordination and additional work for Via San Clemente (Storm Drain Improvements, Driveway connection to Topgolf Drive and striping plans) ($15,750) – Exhibit A-2.
The additional services include:
1) Los Angeles County Department of Health Coordination – LADPH inspected the golf course site and provided some changes to the watering process for the golf
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
course. SPORTFIVE worked closely with the Agency and with the contractor to address their comments.
2) Via San Clemente Storm Drain – The operator of Home2Suites requested two catch basin inlets to eliminate the ponding situation around the hotel area. Storm drain plans were developed to show improvements to the system.
3) Revisions to Driveway connection to Topgolf Drive and striping plans for Via San Clemente – Revisions were made to the driveway connection from Via San Clemente to Topgolf Drive to extend the life of the driveway and striping plans were created for Via San Clemente Drive due to the new pavement improvements.
The contract amount for SPORTFIVE Golf, LLC has increased from $1,238,290 to $1,979,957 since the original award date in 2021. See below for a breakdown of previous amendments, along with the proposed Amendment No. 4:
Original Contract with SPORTFIVE $1,238,290 Amendment No. 1 $188,790
Amendment No. 2 $149,890
Amendment No. 3 $362,487
Amendment No. 4 $40,410
Total Contract Amount $1,979,957
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Upon approval by the City Council of Amendment No. 4 to Agreement No. 3937, staff will coordinate the completion of the added services and the design of the golf course with SPORTFIVE Golf, LLC. A budget amendment in the amount of $40,410 is required, increasing appropriations for Fiscal Year 2023-24 in Account No. 310-30-302-6040.80 (Golf Course Renovation Project, Public Works, Engineering Services).
ATTACHMENT(S)
1. Attachment A - Agreement No. 3937
2. Attachment B - Amendment No. 1 to Agreement No. 3937
3. Attachment C - Amendment No. 2 to Agreement No. 3937
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 28, 2024
4. Attachment D - Amendment No. 3 to Agreement No. 3937
5. Attachment E - Amendment No. 4 to Agreement No. 3937
NEXT STEPS:
N/A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3937
BY AND BETWEEN
CITY OF MONTEBELLO
AND
SPORTFIVE GOLF, LLC
THIS AGREEMENT ("Agreement") is made and entered into on November 16, 2021, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as "CITY") and SPORTFIVE Golf, LLC (hereinafter referred to as "CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to herein individual as the "Party," and jointly as the "Parties."
RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide Professional services in the CITY; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provisions of the Request for Proposals, RFP 22-1 issued on October 20, 2021, to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project in the City of Montebello ("Request for Proposals"), as such is set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, Exhibit "A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. CONTRACTOR shall provide to CITY all labor, equipment, materials and incidental necessary to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project as set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, as such is set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services").
C. CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "8" and incorporated fully herein by this reference ("Compensation") for a total not-to-exceed amount of one million two hundred and forty-four thousand two hundred and forty dollars ($1,244,240). CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. /
/
ATTACHMENT A
SECTION 2. TERM.
This Agreement shall commence upon issuance of the Notice to Proceed by the City ("Effective Date"), and shall expire in Two (2) Years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to One (1) Year extension upon such terms and conditions mutually agreed upon by the Parties in writing.
SECTION 3. 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 approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined.
Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONTRACTOR.
e. CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 4. WORK PRODUCT.
a. CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.
CONTRACTOR may take and retain copies of such written pr oducts as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR. 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 the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 5. 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 the City Manager.
SECTION 6. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by CONTRACTOR and shall be the CITY agent with respect to obtaining CONTRACTOR's compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 7. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (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 the City cease and terminate upon the giving of like notice. In the event of any such termination for default by Contractor, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor.
The Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination, but the terminating party shall be entitled to pursue any and all available remedies at law or in equity. Further, upon such a termination, 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 the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "non refundable" costs may include, but are not limited to, travel reservations incurred by 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. b. Termination For Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days' written notice to CONTRACTOR. Upon the termination of this Agreement as provided herein, the 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 the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. 3 ��L
CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by CONTRACTOR during the term of this Agreement.
SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the 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 10. INDEPEN DENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of the 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 subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. 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 compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or subcontractors with workers' compensation insurance or any other insurance.
SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that CONTRACTOR or any employee, agent, or subcontractor 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 the 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 subcontractors, 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 subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment
by 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 12. LEGAL RESPONS IBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 13. INDEMNIFICATION.
Each of the Parties (the "Indemnifying Party") agrees to, and shall indemnify, protect and hold harmless, the other, its officers, officials, employees, subsidiaries, affiliates, parent entities, agents and volunteers (and, as it relates to the CITY, its elected and appointed boards) (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the Indemnified Party may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the Indemnifying Party's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of such Indemnified Party.
SECTION 14. INSURANCE COVERAGE.
During the term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR'S performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: 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 $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR'S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. 5 �l
CONTACTOR shall require each of its subcontractors, 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 and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days' prior written notice (ten (10) days for non-payment) has been given to the City. 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 the CITY 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 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 officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty 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.
The insurance provided by CONTRACTOR shall be primary to any coverage available to 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 subcontractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against the CITY.
Any deductibles or self-insured retentions must be declared to and approved by the 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.
SECTION 15. 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 16. 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 17. 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 18. 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 19. 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
7
1600 West Beverly Boulevard
Montebello, California 90640
E-mail: [email protected]
Copy to:
City Attorney
Arnold M. Alvarez-Glasman
13181 Crossroads Parkway North. Suite 400, West Tower
Industry, CA 91746
CONTRACTOR:
Mr. Michael Angus
SPORTFIVE
7077 E Marilyn Road, Suite 140
Scottsdale, AZ 85254
E-mail: [email protected]
Copy to:
General Counsel
SPORTFIVE
7777 Glades Road, Suite 100
Boca Raton, FL 33434
E-Mail: [email protected]
SECTION 22. 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 23. CONFLICT OF INTEREST.
CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by 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 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 the CITY as a result of the recommendations made by CONTRACTOR. CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the 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
Rene Bobadilla
City Manager
Dated: It /JD J� I
CONTRACTOR
SP��?£=
R. Steve Loy
President, Global Golf
APPROVED AS TO FORM:
�£-4 M.Aivarez-Glasman
City Attorney
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3937
WITH SPORTFIVE GOLF, LLC
This Amendment ("Amendment No. 1 ") to that certain Services Agreement No. 3937 for architectural & engineering services for the Montebello Municipal Golf Course Renovation Project dated November 16, 2021, ("Agreement"), is made as of May 11, 2022 ("Effective Date"), by and between the City of Montebello ("City''), and SPORTFIVE Golf, LLC ("CONTRACTOR"). City and CONTRACTOR are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS, City and the CONTRACTOR are parties to the Agreement, dated November 16, 2021, under which CONTRACTOR was awarded a professional services agreement by the City for architectural & engineering services; and WHEREAS, City and CONTRACTOR now desire to amend the Agreement to expand the scope of work and increase the related compensation under the Agreement; and
NOW, THEREFORE, the parties to this Amendment No. 1 agree to amend the Agreement as follows:
SECTION 1. AMENDMENT TO SERVICES/COMP ENSATION. The scope of work to the Agreement is expanded to include the following services attached hereto as the following exhibits and incorporated herein by this reference:
Exhibit "A-1":
Exhibit "A-2":
Exhibit "A-3":
Exhibit "A-4":
Exhibit "A-5":
Proposal Dated March 21, 2022 - Engineering Services
Proposal Dated March 17, 2022 - Landscape Design (Temporary Event Lawn and Landscape)
Proposal Dated March 17, 2022 - New Lake, Existing Lake Improvement and Expanded Lake
Proposal Dated April 28, 2022 - Electrical Engineering Services (Golf course Items)
Proposal Dated May 2, 2022 - Lake Design Changes to
Incorporate a New Irrigation Pump Station
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT NO. 3937
B
ETWEEN THE CITY OF MONTEBELLO
AND SPORTFIVE GOLF, LLC
This Amendment (“Amendment No. 4”) to that certain Services Agreement No. 3937 for architectural & engineering services for the Montebello Municipal Golf Course Renovation Project dated November 16, 2021, (“Agreement”), is made as of February 28, 2024 (“Effective Date”), by and between the City of Montebello (“City”), and SPORTFIVE Golf, LLC (“CONTRACTOR”). City and CONTRACTOR are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS,
City and the CONTRACTOR are parties to the Agreement, dated November 16, 2021, under which CONTRACTOR was awarded a professional services agreement by the City for architectural & engineering services; and
WHEREAS,
City and the CONTRACTOR are parties to Amendment No. 1 to the Agreement, dated May 11, 2022, for additional architectural & engineering services; and WHEREAS, City and the CONTRACTOR are parties to Amendment No. 2 to the Agreement, dated August 1, 2022, for additional architectural & engineering services; and
WHEREAS, City and the CONTRACTOR are parties to Amendment No.3 to the Agreement, dated August 23, 2023, for additional architectural & engineering services; and
WHEREAS, City and CONTRACTOR now desire to amend the Agreement to expand the scope of work and increase the related compensation under the Agreement; and
NOW, THEREFORE , the parties to this Amendment No. 4 agree to amend the Agreement as follows:
SECTION 1.
AMENDMENT TO SERVICES/COMPENSATION. The scope of
work to the Agreement is expanded to include the following services attached hereto as the following exhibits and incorporated herein by this reference:
Exhibit “A-1”: P roposal Dated September 15, 2023 - Engineering Design for ADA upgrade and pavement rehabilitation for Via San Clemente for $25,410.
ATTACHMENT E
Exhibit “A-2”: Proposal Dated November 21, 2023 - Los Angeles Cou nty Department of Health Coordination, Via San Clemente Storm Drain Improvements, signing and striping plan, and Revise d Topgolf Drive connection to Via San Clemente to a PCC apron for $15,000 dated November 21, 2023.
Compensation for the expanded scope of work contemp lated in this Amendment No. 4 shall be as follows:
“City agrees to compensate CONTRACTOR for the expan ded scope of work contemplated under Amendment No. 4 (Attachment “B”) , and CONTRACTOR agrees to accept in full satisfaction for such services an amount not-to-exceed the sum of Forty Thousand Four Hundred and ten dollars ($40,41 0) ; unless a different amount is specifically approved in advance in writing by City.”
SECTION 2 . EFFECT. Except as expressly modified by this Amen dment No.4, all provisions of the Agreement, shall remain in full force and effect.
SECTION 3 . ENTIRE AGREEMENT. The provisions of this Amendmen t No. 4 shall- constitute the entire agreement of the parti es with respect to the subject matter included in this Amendment No.4 and shall supersede any other agreement, understanding, or arrangement, whether written or o ral, between the parties with respect to the subject matter of this Amendment No.4.
SECTION 4 . AUTHORITY. The person or persons executing this A mendment No.4 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 4 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITHNESS WHEREOF, the parties have signed this A mendment No.4 as of the Effective Date stated in the introductory clause.
[SIGNATURES ON THE NEXT PAGE]
Exhibits:
• Exhibit “A-1” – Proposal Dated September 15, 2023 – Engineering Services for Via San Clemente Paving
• Exhibit “A-2” – Proposal Dated November 21, 2023 – Engineering Services for Lake Fill Coordination and Via San Clemente (storm drain, driveway, and striping plan)
CITY OF MONTEBELLO a California
municipal corporation
(“City”)
By: ______________________________
Raul Alvarez, City Manager
CONTRACTOR
(“CONTRACTOR”)
By:
Name:
Title:
ATTEST:
__________________________________
Christopher Jimenez, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
__________________________________
Arnold M. Alvarez-Glasman,
City Attorney
September 15, 2023
City of Montebello
Mr. James Enriquez, P.E.
Director / City Engineering
1600 W. Beverly Blvd.
Montebello, CA 90640
RE: Amendment #26 – Engineering Services for Via San Clemente Paving
Dear Mr. Enriquez,
Attached is Additional Work Proposal for engineering services for the Montebello Golf Course Project.
The services and fee includes work requested related to ADA upgrade and pavement rehabilitation for Via San Clemente, starting at its intersection with Garfield Ave. and ending approximately 1000 LF south at the intersection with the east drive aisle.
This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.
The attached proposal is from DRC Engineering, Inc. Total additional fee is $24,200. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $24,200 fee, SportFive will add an additional five (5%) percent for coordination and management.
Total Fee for Amendment #26, Engineering Services for Via San Clemente Paving - $25,410.
If you have any questions, or require further information, please feel free to contact me any time.
Sincerely,
Michael Angus / SportFive
Exhibit "A-1"
Exhibit "A"
Exhibit "A-1"
September 14, 2023
Job No. 21-167
Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500
RE: Additional Work Authorization AWA #7 Montebello Golf Course Dear Mike,
Please find enclosed Additional Work Authorization (AWA) #7 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work authorization is intended to cover additional work requested related to ADA upgrade and pavement rehabilitation for Via San Clemente starting at its intersection with Garfield Ave. and ending approximately 1000 LF south at the intersection with the east drive aisle that was not included as part of our proposal for the Montebello Golf Course project. We appreciate the opportunity to be involved with this project and look forward to its successful completion.
Please contact me should you have any questions.
Sincerely,
Jeptha Brander, PE
Project Manager
Attachment
Scope of Services and Fees:September 14, 2023
Job No. 21-167 AWA #7
Project: Montebello Golf Course
1.0 INTRODUCTION & SCOPE OF SERVICES
This Additional Work Authorization #7 (AWA) is for additional survey and engineering coordination services related to the Montebello Golf Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.
Field Topography
DRC will perform additional field topography on Via San Clemente. This topography will include sections approximately every 25’ linear feet across the existing roadway. Field topography will be sufficiently detailed to perform an engineering review of existing pedestrian routes to determine areas of non-compliance with current guidelines and be utilized to establish existing roadway design grades and drainage. New surface features designed (if constructed) as part of golf course rehabilitation project will be “As Built” for incorporation into project plans. The field survey will then be processed into CAD files for design purposes. NOTE: it is understood prevailing wage will be paid to field survey crew.
Via San Clemente Roadway Maintenance Plans
DRC will prepare roadway maintenance plans for necessary pavement rehabilitation of Via San Clemente. It is understood this is maintenance of existing roadway and a SWPPP will no be required, GC to implement standard construction erosion control BMPs. The existing curb and gutter will be maintained for street drainage and no upgrades for green street design. Plans will be plan view only (no profiles) with centerline & right-of-way based on record street drawings.
Portions of the existing walk will be removed and re-constructed to conform to current accessible guidelines. Existing driveways will be maintained at existing location. Plans will be prepared at no less than 1”=40’ with necessary ADA blow-up details prepared at no less than 1”=10’.
Construction Support & Site Visits
Assist the Client, Architect, and General Contractor in clarifying the intent of the Project Plans and to resolve construction issues in the field. Respond to RFI’s on the project, in writing, and distribute to the Project Team. As necessary, prepare plan revisions or details to facilitate completion of the work. Attend Pre-Construction Meeting and Construction Progress Meetings, as directed by the Client. At the direction of the Client, DRC’s Project Manager or Project Engineer will visit the Site to make observations of the improvements and their conformance with the Project Plans, or, to resolve construction issues in the field. This task does not constitute inspection or certification of construction on the part of DRC. Task assumes 20 staff hours including two (2) site visits.
Scope of Services and Fees:September 14, 2023
Job No. 21-167 AWA #7
2.0 SCOPE of SERVICES EXCEPTIONS
No additional services will be performed on the project without prior written authorization from the client. For clarification, this scope of work does not include the following tasks:
Any task or services not specifically included under the Scope of Services Section above. SWPPP
Storm water quality
Street re-configuration
Construction staking (available from DRC by request)
3.0 FEE SCHEDULE
The scope of services outlined in Section 1.0 will be completed for a fixed fee as indicated below. It is agreed and mutually understood that the tasks are interrelated and that the fee is divided into tasks solely to facilitate the preparation and approval of progress billings in accordance with terms of the agreement. The task fees shown below, plus any fees for reimbursable expenses and authorized additional services, represent the total contract amount.
Construction Documents
Task Fixed Fee
Field Topography $6,900
Roadway Maintenance Plans $12,000
Construction Support $4,100
Subtotal $23,000
Reimbursables $1,200
Total $24,200
Scope of Services and Fees:September 14, 2023
Job No. 21-167 AWA #7
4.0 HOURLY SCHEDULE OF BILLING RATES
Principal $200.00/Hour
Project Manager $190.00/Hour
Project Engineer / Surveyor $180.00/Hour
Design Engineer $170.00/Hour
CADD Drafter $155.00/Hour
Engineering Aide / Administration $135.00/Hour
2-Man Survey Crew $265.00/Hour
2-Man Survey Crew (Prevailing Wage) $305.00/Hour
5.0 CONTRACT PROVISIONS
1: It is DRC Engineering Inc.’s (DRC) policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date.
2: Client shall pay the cost, plus 10%, for any applicable application and governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, and delivery or messenger services incurred on Client’s behalf. If requested, we will provide a computer printout, which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee.
3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation.
4: In the event this Agreement is breached, terminated, or canceled, or if Additional Services are required, then Client shall pay DRC per the foregoing hourly rates for work completed. 5: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be 1-1/2 times the hourly rates shown.
6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. 7: This proposal may be considered as effective for six (6) months from the date of this letter. If the project is not completed within one (1) year after the scheduled start date (due to no fault of DRC), additional reimbursement may be required. If required, such additional reimbursement would be subject to negotiation and mutual agreement between both parties.
8: The Client agrees to limit DRC’s liability to the Client and to all contractors and subcontractors on the project, to damages based on proven professional negligent acts, errors or omissions on the part of DRC only.
9: Reliance on Documents or Reports Prepared by Others – In performing services herein, it is anticipated that DRC Engineering and its subconsultants will receive information prepared or compiled by others; therefore, DRC Engineering makes no claims as to the accuracy and/or completeness of the information relied without independent evaluation or verification We are prepared to begin work on this project upon receipt of authorization.
Accepted by: Title:
SportfiveDate:
End of Proposal
No
vember 21, 2023
C
ity of Montebello
Ms. Rita Montalvo
Director / City Engineering
1600 W. Beverly Blvd.
Montebello, CA 90640
R
E: Amendment #27 – Engineering Services for Lake Fill Coordination and Via San Clemente Plan Additional Scope
De
ar Ms Montalvo,
A
ttached is Additional Work Proposal for engineering services for the Montebello Golf Course Project.
The services and fee includes work requested related to Engineering coordination for lake fill and additional work outside the scope for the Via San Clemente paving plans.
Th
is is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.
Th
e attached proposal is from DRC Engineering, Inc. Total additional fee is $15,000. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $15,000 fee, SportFive will add an additional five (5%) percent for coordination and management.
T
otal Fee for Amendment #27, Engineering Services for Via San Clemente Paving - $15,750.
If
you have any questions, or require further information, please feel free to contact me any time.
Sinc
erely,
M
ichael Angus / SportFive
Exhibit "A-2"
Exhibit "B"
Exhibit "A-2"
November 20, 2023
Job No. 21-167
Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500
RE: Additional Work Authorization AWA #8 Montebello Golf Course Dear Mike,
Please find enclosed Additional Work Authorization (AWA) #8 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work authorization is intended to cover additional effort not currently covered under the original contract or previous additional services. We appreciate the opportunity to be involved with this project and look forward to its successful completion.
Please contact me should you have any questions.
Sincerely,
Jeptha Brander, PE
Project Manager
Attachment
Scope of Services and Fees:November 20, 2023
Job No. 21-167 AWA #8
Project: Montebello Golf Course
1.0 INTRODUCTION & SCOPE OF SERVICES
This Additional Work Authorization #8 (AWA) is for additional engineering design and coordination services related to the Montebello Golf Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.
Los Angeles County Department of Health Coordination
In Mid-October LADPH conducted a site visit with the general contractor and would not allow commencement of lake fill utilizing reclaimed water. This was an unforeseen change by the department on a project critical path to start watering processes for the golf course. DRC coordinated with department and water agency to fully understand the agencies’ concerns. DRC prepared exhibits for agency review to illustrate the lake interaction in a high storm (lake inundated to flood level) with water agency features. DRC provided exhibits to the golf contractors to construct the necessary lake fill design features to satisfy agency concerns while maintaining the general overall design aesthetic of the golf course. DRC led an on-site meeting with stakeholders and contractors to ensure all issues were satisfactorily addressed and a clear plan to move forward was understood by all attendees and the lake was allowed to be filled in a timely manner.
Via San Clemente Storm Drain
At the request of stakeholder’s input DRC implemented the request to add additional catch-basin inlets and necessary storm drain. This request was in response to hotel operator noting to city staff the existing catch basins located near the front of the Home 2 Suites hotel are routinely inundated in small rain events due to the extensive area south of the catch basins tributary to the existing inlets. Based on the field walk with city staff it was agreed additional catch basins were justified. The catch basins size would be based on simple aerial estimation of tributary area due to long-term planned changes of the up-hill area and desire not to further increase scope of work on Via San Clemente. City staff directed these changes to be incorporated into a plan set submitted to the City on Nov. 16th.
Via San Clemente Revisions
During this field walk city staff indicated a desire to revise the “As-Built” connection of Top Golf Drive to Via San Clemente to a PCC apron for better durability and this was incorporated into street plans. City staff also requested DRC prepare an engineer’s estimate of work with several bid alternative’s itemized on the plans for the GC to break out to allow city staff to determine best utilization of funding. During the field walk with stakeholders, the changes to Via San Clemente were discussed and it was determined a signing and striping plan would be necessary to re-stripe Via San Clemente to fit with owner/operator vision of the overall golf campus. City staff directed these changes to be incorporated into a plan set submitted to the City on Nov. 16th.