Montebello City Council
July 24, 2024

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

On July 1, 2019, the City entered a five-year MOU with Metro regarding the Reimbursement Policy. This MOU expired on June 30, 2024. Over the course of this partnership, residents have benefited from the program, allowing them to travel to various nearby municipalities at an affordable cost. Table 1 illustrates the number of individuals who have utilized the LIFE program as a payment method on MBL.

In FY 2019-20 and FY 2020-21, participation was low due to the program's pilot phase and the impact of the coronavirus (COVID-19) pandemic, which reduced bus transportation frequency. By FY 2023-24, the program gained popularity with a total of 70,502 payments made through the LIFE Program in that year alone. For FY 2024-25, it is anticipated that payments will reach 100,000 and with the upcoming Los Angeles Olympic Games in 2028, payment numbers are expected to continue rising.

Staff recommends that the City Council adopt Resolution No. 24-52 (Attachment B) approving an MOU between the City and LACMTA to continue MBL’s participation in the LIFE Program and to receive payment reimbursements from LACMTA through the regional TAP monthly settlement process. Each month, LACMTA will calculate all LIFE media purchases to determine the reimbursement total to MBL in accordance with the LIFE reimbursement schedule (Attachment C). The proposed LIFE agreement allows for a five-year term, eliminating the need to go through the agreement approval and signature process on an annual basis.

SUMMARY:

Staff recommends the City Council adopt Resolution No. 24-52 approving an MOU between the City and LACMTA to continue MBL’s participation in the LIFE Program effective July 1, 2024 through June 30, 2029; authorize the City Manager to execute the MOU on the City’s behalf; and take such additional, related, action that may be desirable

ATTACHMENT(S)

1. Attachment A – MOU: LIFE Program Reimbursement Policy

2. Attachment B – Resolution No. 24-52

ATTACHMENT A

ATTACHMENT _B_
RESOLUTION NO. 24-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY FOR THE FY25

METRO LIFE PROGRAM

RECITALS
WHEREAS, the City of Montebello operates Montebello Bus Lines (MBL) and is committed to providing affordable transportation options to its residents; and WHEREAS, at its May 25, 2017 meeting, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board of Directors approved the Low-Income Fare is Easy (LIFE) Program, which includes increased subsidy levels for each rider category and additional options such as 20 regional rides each month on a participant’s TAP card; and
WHEREAS, at its January 24, 2019, meeting, the LACMTA Board of Directors authorized TAP Operators to join the LIFE Program; and
WHEREAS, the City of Montebello desires to participate in the LIFE Program to support low-income riders and enhance the affordability of public transportation; and WHEREAS, the City of Montebello and LACMTA have prepared a Memorandum of Understanding (MOU) detailing the terms and conditions for participation in the LIFE Program, including the reimbursement policy for discounted fare media; and WHEREAS, the MOU outlines the responsibilities of both parties, including the reimbursement schedule, promotion of the LIFE Program, and administration of the program through designated contractors.

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

SECTION 1: The City Council of the City of Montebello hereby approves the Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for participation in the FY25 Metro LIFE Program, effective July 1, 2024.

SECTION 2: The City Manager of the City of Montebello is authorized to execute the MOU on behalf of the City, and to take all necessary actions to implement and administer the terms of the agreement.

RESOLUTION NO. 24-52

SECTION 3: The City Council directs the Transportation Department to promote the LIFE Program and conduct outreach activities to inform residents of the program benefits.

SECTION 4: the City Council further directs the Transportation Department to keep accurate records of all reimbursements received under the LIFE Program and to cooperate with any audits conducted by LACMTA.

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-52 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM # 30

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Acting Director
SUBJECT: APPROVE ISSUING A BULK FUELS AND OILS, LUBRICANTS, AND GREASE GOODS REQUEST FOR PROPOSALS, (RFP) NO. 24-22, AND

APPROVE ESTABLISHING A BLANKET PURCHASE ORDER WITH
DION AND SONS, INC., TO PURCHASE FUEL FOR VARIOUS CITY

DEPARTMENTS
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve issuing a Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods Request for Proposals (RFP) No. 24-22 (RFP No. 24-22); and

2. Approve establishing a blanket purchase order (PO) with the existing vendor, Dion and Sons, Inc. for a total not-to-exceed amount of Five Hundred and Fifty-Seven Thousand Dollars ($557,000), to purchase fuel for various Departments for a six(6) month term (through December 31, 2024); and

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

FISCAL IMPACT:

There is no fiscal impact related to issuing RFP No. 24-22 for Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods (Attachment A). Once a vendor is selected for award, the City Council may be requested to consider approving an agreement and amending the Fiscal Year 2024-25 adopted budget as needed to appropriate funds.

Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for these goods.

Funds for the blanket PO with Dion and Sons are allocated across the three (3) city departments (Parks and Recreation, Fire and Transit) in the FY 2024-25 adopted operating budget. Table 1 presents the cost allocations for each department over a six

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

(6) month period as follows:

Table 1: Dion and Sons – Proposed Blanket PO
Department Expense Account Proposed Amount
Recreation and Community
Services Department
100-70-710-6000.20 $1,000
Montebello Fire
Department
100-85-860-6070.20 $26,000
Montebello Bus Lines 600-1250 $530,000
TOTAL $557,000
BACKGROUND/DISCUSSION:

Annually, the City of Montebello consumes over 200,000 gallons of various bulk fuels and grease products to operate all buses, equipment, and city vehicles. The City’s primary bulk fuel tanks are located at MBL’s Transportation Facility and MFD’s Fire Station No. 56, while generators and additional equipment are stored within City Hall. On May 8, 2018, the City published RFP No. 18-47 with the purpose of soliciting proposals from highly qualified vendors to provide bulk (unleaded and diesel) fuels and oils, lubricants and grease goods. On January 10, 2019, the City Council awarded Agreement No. 3512 to Dion and Sons, Inc., formerly Sawyer Petroleum, for a five (5) year term. The agreement has since expired, necessitating that the City request proposals from qualified vendors and identify a new supplier of bulk fuels through issuing RFP No. 24-22.

The goal of RFP No. 24-22 is to solicit proposals from qualified vendors specializing in procuring and delivering bulk fuels (or proven equivalents), oils, lubricants, and grease goods. Proposals will be evaluated through a selection process that considers both price and various qualitative components including, but not limited to, a management plan, quality of proposed personnel, qualifications and experience, and technical approach.

The selected vendor must demonstrate relevant experience in procuring, delivering, and fueling bulk fuels and grease goods. This includes adhering to industry standards for effective safety cleaning processes and hazard mitigation in accordance with all federal, state, and local environmental regulations, while maintaining the City's overall operational efficiency. In addition, the selected vendor will manage deliveries on a "keep full" basis, continuously assessing and monitoring the City’s fuel and grease product levels to make regular deliveries. This approach ensures that shortages are prevented, and the City's operations remain uninterrupted.

Furthermore, to ensure uninterrupted operations and meet the City’s fueling needs while a new vendor is selected, staff recommends that the City Council approve establishing a blanket PO with the existing supplier, Dion and Sons. This PO will remain active until a new agreement is awarded -- which should occur prior to December, 31, 2024. Dion and Sons is a comprehensive provider of petroleum, grease goods, and oils, and is well

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

acquainted with the City’s operational requirements and procedures. This familiarity will help minimize potential disruptions and ensure efficient and cost-effective delivery of fuel and grease goods until a new vendor is selected.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve issuing a Bulk Fuels and Oils, Lubricants, and Grease Goods, RFP No. 24-22; approve establishing a blanket PO with Dion and Sons, for the total not-to-exceed amount of Five Hundred Fifty-Seven Thousand Dollars ($557,000) to purchase fuel for various city Departments for a six (6) month term (through December 31, 2024); and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A: Request for Proposal (RFP) No. 24-22

City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 24-22

BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS,

AND GREASE GOODS
July 25th, 2024

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home

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2 Montebello Bus Lines

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-18
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-22
SECTION 5 - QUALIFICATIONS 23

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SECTION 6 - FORM OF CONTRACT (SAMPLE) 24-34
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 35

EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft

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4 Montebello Bus Lines

INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced vendors, licensed in the State of California, to supply and deliver bulk (unleaded and diesel) fuels and oils, lubricants, and grease goods. The project's scope encompasses supplying and delivering bulk fuels and oils for the City at four (4) sites as follows: Transportation Department, Fire Station No. 2, City Hall, and the Montebello Police Department. The selected vendor will be entrusted with the responsibility of delivering various fuels and oils to each location while ensuring that all equipment, materials, services, cleanliness, and safety procedures meet industry standards.

The City operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 2.6 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.

The City’s intent of this Request for Proposal (RFP) is to solicit a vendor who can provide a large quantity of high-quality bulk fuel and oil goods and related services. The selected vendor will play a crucial role in ensuring MBL continues to provide superior services to Montebello and its surrounding communities. The City seeks to form a partnership with a vendor committed to delivering exceptional results while adhering to safety and environmental standards. The City reserves the right to increase or decrease the quantity listed and to delete any item from the contract.

In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective proposals received.

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5 Montebello Bus Lines
DATE: July 25th, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-22
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced vendors, licensed in the State of California, to supply and deliver bulk (unleaded and diesel) fuels and oils, lubricants, and grease goods. The project's scope encompasses supplying and delivering bulk fuels and oils for the City at four (4) sites as follows: Transportation Department, Fire Station No. 2, City Hall, and the Montebello Police Department. The selected vendor will be entrusted with the responsibility of delivering various fuels and oils to each location while ensuring that all equipment, materials, services, cleanliness, and safety procedures meet industry standards.

The term of the proposed agreement shall be a three-year (3-year) term, with the option to extend for an additional two (2), one-year (1-year) terms, commencing upon the date of execution between the City and the successful vendor.

A Pre-Proposal Meeting will be held on Tuesday, August 6, 2024. The meeting will convene at 3:00pm Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.

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

Name: Robert Fierro
Title: Management Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.1115
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally inperson will not receive a response.

Proposals must be received by 3:00pm Pacific Standard Time, on Thursday, August 29, 2024, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

RFP No. 24-22
6 Montebello Bus Lines
All proposals must contain an original signature by an authorized officer of the company.

The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

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

The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.

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

Name: John Soria
Title: Acting Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625, ext 1315
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

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

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday July 25th, 2024
Pre-Proposal Meeting Tuesday August 6th, 2024, at 3:00 PM PST Deadline to Submit Questions Tuesday August 13th, 2024, at 3:00 PM PST Responses to Questions Provided Thursday August 20th, 2024 Deadline to Submit Proposals Thursday August 29th, 2024, at 3:00 PM PST Presentations & Intent to Award September

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7 Montebello Bus Lines

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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8 Montebello Bus Lines
SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, August 29th, 2024.

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

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

Proposals shall be typed, single-spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and proposers’ references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.

All requests for exceptions or deviations because of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.

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

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

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

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9 Montebello Bus Lines

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

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a proposer require clarifications of this RFP, the proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.

All questions, clarifications or comments must be submitted to or no later than 3:00 pm, Tuesday, August 13th, 2024. No questions will be answered individually by the City or Transportation Departments.

Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.

Every attempt will be made to provide responses to all proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

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

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

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

At the discretion of the Evaluation Committee, the City may elect to perform site visits at the proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the proposer’s implementation and performance.

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

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

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

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by proposer in:
· Preparing the proposal in response to this request.

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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.

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

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

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

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

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

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

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.

The City shall not in any way be liable or responsible for the disclosure if required to do so by law.

JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

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

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

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

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

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

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

CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.

Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Vendor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Vendor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to affect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Vendor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

In the event the Vendor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The vendor shall be liable for all costs incurred by MBL because of such default.

SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.

PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Vendor provide complete services of the type prescribed. Any items omitted from such specifications which are clearly necessary for the

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completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Vendor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.

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

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

No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.

Point of Contact
This RFP is issued by the City, and the Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

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City of Montebello Transportation Department
Attention: Robert Fierro
Management Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com

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

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

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

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

The committee will then present the cost and price proposals and evaluate and score them accordingly.

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

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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 based on 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 bulk fueling services.
10 points
3 Qualifications and Experience
Demonstrate experience completing bulk fueling services of the same or similar magnitude. Presentation of a catalog of bulk fueling services experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 5% of the bid price.

In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject 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 Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor 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 Vendor and shall remain in full force for the term of the Agreement.

The successful Vendor 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 Vendor to increase the amount of the existing bond or to obtain an additional bond.

If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor 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 to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor 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 vendors for delivery of Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods to four (4) locations within the City of Montebello (City). The City utilizes bulk fuel, oil and lubricants to service buses, equipment and city vehicles at these locations. Deliveries shall be made to one or all four City of Montebello sites as listed below. Delivery quantities will include full-loads, Bobtail truck loads, drums, gallons, pails, cases, etc.

PROJECT DESCRIPTION
The Request for Proposal, No. 24-22, seeks a vendor to complete on-site deliveries of Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods (Bulk Fuels) in a timely and professional manner to the City’s multiple bulk fuel locations. The project services will include supplying products as specified in Exhibit D – Price Form, purchase and delivery of Bulk Fuels to the four (4) locations identified in Table A and performing an assessment of the City’s current fuel requirements. In addition, the Vendor will furnish all materials, labor services and special skills required to provide this service as described in these specifications.

TABLE A – City of Montebello Delivery Sites
Site Address
Tank
Quantities
Tank Sizes
4 12000-GAL underground Unleaded
City of Montebello Fuel Tank
Transportation
Department
(Operations &
Maintenance)
400 S. Taylor Ave
Montebello, CA 90640 1 12000-GAL underground Diesel Fuel Tank
1 1000-GAL Above ground Unleaded
Fuel Tank
Fire Station #2
1166 S. Greenwood Ave
Montebello, 90640
1 1000-GAL Above ground Diesel Fuel
Tank
City Hall
1600 W Beverly Blvd.

Montebello, CA
90640
1 1000-GAL Emergency Generator
Montebello Police
Department
1600 W Beverly Blvd 1 300-GAL Emergency Generator

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Subject to prior MBL approval, the Vendor will provide deliverable such as, but not limited to:

A. DELIVERIES, LOCATIONS AND WORKING HOURS
• Vendor shall deliver to the locations identified in Table A during operating hours or as directed by City personnel. Operating hours for these sites being 7:00 AM to 3:30 PM, Monday-Friday. • The deliveries of bulk fuel shall be made on a “keep full” basis with a delivery schedule of one (1) delivery every two (2) weeks.
• The Vendor shall have flexibility in delivery of product in the event of an emergency supply need or for a specified project identified by individual City sites. • Bulk deliveries are to be delivered in full-truck loads and Bobtail truck loads. Full-truck loads deliveries are to be received at the Transportation Department location only. • The Vendor shall assume full responsibility for providing tankers or transportation containers suitable for delivery of the Bulk Fuels to the appropriate City storage tank(s). • All Vendor delivery vehicles shall be escorted by a City employee or his/her designee on and off all City of Montebello delivery sites.
• All drivers/operators shall be required to call in their estimated arrival time at minimum fortyfive (45), minutes prior to arrival. • All delivery vehicles are subject to inspection from a City employee upon arrival and/or departure to ensure compliance with City guidelines is met. • The Vendor shall be responsible for unloading all fluids in the appropriate City bulk storage tanks or drums and providing trained personnel capable of performing the unloading of lubricants without assistance from City personnel.
• All tanker trucks making deliveries to the City shall be properly certified by the State of California including but not limited to Vehicle Maintenance Certificates, and in accordance with Federal Department of Transportation (FTA) regulations, policies, and procedures. If requested, the Vendor shall provide copies of the requested certificates within three (3) business days after notification is received from a designated City representative. • All drivers making deliveries of Bulk Fuels to the City shall have Hazardous Materials Endorsements on their Commercials Driver’s License, and such other Endorsement as may be required by relevant laws and/or regulations.
• The Vendor shall notify the City if, at any time, it appears that the delivery schedule set forth may not be met. Such notification shall include the reasons for any possible delays, and steps being taken by the Vendor to remedy any such complication(s). Nothing herein shall be interpreted as waiving remedies otherwise available to the City. • A City employee or his/her escort designee is authorized to stop any perceived unsafe work and/or may ask delivery driver/operator to exit the premises if there is a failure to adhere to safe practices, procedures and policies.
• The Vendor shall notify the City prior to delivery of any reformulation of products supplied. • The City shall, at all times, provide reasonable access to the facility, and shall permit the unloading of the Vendor
• Vendor’s truck at the delivery locations without undue delay. • The Vendor shall dispose of all empty barrels resulting from the onsite fueling process.

B. SPILLAGE

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• All discharge connections and hose ends shall be plugged, capped, blind-flanged, or contained to prevent any spillage of Bulk Fuels.
• The City shall be notified immediately of any spillage. The Vendor and driver/operator shall be responsible for cleanup of all spillages, contaminated matter, and the removal of all contaminated cleanup material.
• Any spillage resulting from the delivery must be cleaned withing 24-hours by the Vendor, at the Vendor's expense. If the spillage is not cleaned within 24-hours, the Vendor will be billed by the City or an outside Vendor for the expenditure resulting from cleaning the spillage.

C. PRODUCT
• Costs of services shall include monitoring, ordering (including freight and delivery charges), and managing delivery of product levels for the goods identified in Table B or a proven equal. • The City may reject any or all Bulk Fuels that fail to comply with minimum specifications. The Vendor must, at the Vendor's sole expense, remove the rejected fluids within two (2) business days of notification by the City and process credit for returned items within ten (10) business days.
• The Vendor’s proposed prices shall include all applicable federal, state, and local taxes. • The Vendor shall comply with all laws, rules, regulations, industry standards, and ordinances of the State of California, Los Angeles County, City of Montebello and all FTA procurement regulations.
• Vendor shall be prepared to procure and deliver all products such as but not limited to those described in Table B and shall not change the source of supply (manufacturer) without a thirty (30)-day written notification to be submitted with final approval rendered by the City.

TABLE B – Bulk Product List

PRODUCT DESCRIPTION
ROTELLA ELC 50/50 Pre-diluted premium extended life coolant / antifreeze Ethylene Glycol based coolant for heavy duty diesel, gasoline and natural gas powered engines. OEM specifications and approvals.

ROTELLA T3 FLEET 15W40 Fuel for fleet and off highway equipment, a single oil suitable for a wide range of OEMs. API CK-4, CJ-4, CI-4 Plus, CI-4, CH-4 SN Alison TES-439 Caterpillar ECF-3, ECF-2,
Cummins CES 20086, 81, Detroit Fluids Specifications (DFS) 93K222, 93K218
ROTELLA T3 NG 15W40 Multi-grade dedicated CNG engine oil for compressed natural CNG fueled engines. T3 NG features low ash
additives.

SHELLZONE MV 50/50 Antifreeze and coolant protects automotive and light truck engines from cooling and overheating.

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SPIRAX S6 AXRME 75W90 Fuel efficient axle fluid specifically designed for heavy duty axles requiring API GL-5 extreme pressure mineral or
synthetic gear oil. Synthetic base oil
SPIRAX HD 85W140 Multi-grade extreme pressure multipurpose gear oil.

Meeting requirements of API GL-5 and MIL PRF 2105E
available in two viscosity grades: 80w90 and 85w140
SPIRAX S6 ATF A295 Fully synthetic heavy duty automatic transmission fluid specifically designed for approved for use in transmissions requiring Allison TES-295 fluids.

GADUS S3 V22OC 2 Premium multipurpose extreme pressure grease PZL PLAT SYN 5W30 Full synthetic motor made from natural gas KP PERF PLUS SB 10W30 Engine oil
KP PERF PLUS HYD 46 Hydraulic oil
UNLEADED UN1203 Gasoline, 3 , PG II
DIESEL NA1993, Diesel Fuel Combustible Liquid PGIII, No visible evidence of DYE CA DSL FUEL, MAX 15 PPM Sulfur ULS Carb Diesel Fuel
Diesel Red DYE
Note – All the oils listed are either “synthetic” or an HDMO aka heavy-duty motor oil which is a mineral oil not “RE-refined.”
D. MONITORING
• The Vendor shall maintain a record of deliveries to include but not limited to date, fluid types, quantities user, and name of the delivery contact person. • The Vendor shall submit as part of their monthly invoice, a copy of the itemized record of deliveries to City personnel.
• In the event the Vendor is unable to supply product within the timeframe agreed upon herein, the City reserves the right to procure product to meet demand in the open market. If price per gallon in the open market Is more than the contract price, the City reserves the right to invoice the Vendor for the difference in price.
• The City reserves the right to require a change in company representatives if the assigned representative(s) is not, in the opinion of the City, adequately meeting the needs of the City.

E. SAFETY AND HAZARD MITIGATION
• The Vendor shall perform all work in a clean, safe and professional manner, causing no hazards to City staff, facilities, the environment, or Vendor’s proposed personnel. • All hazardous waste must be handled, collected, stored and disposed of in accordance with federal, state and local environmental compliance regulations. • Vendor shall classify the City as a primary receiver of goods to meet emergency disaster needs. For Emergency needs, the Vendor shall deliver product within 24-hours or sooner, as requested by City personnel.

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SECTION 5 – QUALIFICATIONS

DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Vendor 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 Vendor will state and identify its involvement with other clients for both past and present projects. The Vendor will state the client’s name, and references for similar projects, particularly those conducted for public transit 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 Vendor’s involvement and responsibility should be defined for each project. • Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.

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

A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.

B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.

D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and 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

BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS 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 “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY desires to retain a qualified professional VENDOR to supply and deliver to the CITY bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods; and WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, VENDOR responded to CITY’s Request for Proposals dated February 29, 2024 (RFP No. [24-22]), 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. 24-22, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 24-22 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 24-22 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. VENDOR 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. VENDOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

B. VENDOR 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”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR 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 VENDOR 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 at CONSULTANT's discretion.

SECTION 3. TERM.

This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of three (3) years with the option to extend for an additional two (2), one-year (1-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. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

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

C. VENDOR 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. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub-contractors to assist in the completion of services as herein defined.

Compensation for additional individuals, Vendors, or sub-contractors shall be the sole and exclusive responsibility of the VENDOR.

E. VENDOR 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, VENDOR shall make all records, invoices, timecards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents, or other written material developed by VENDOR 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 VENDOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates VENDOR for such reuse.

SECTION 5. WORK PRODUCT.

A. VENDOR 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. VENDOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR 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. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in VENDOR’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 VENDOR, 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 the VENDOR 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 VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 7. CITY SUPERVISION.

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The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’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.

If 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 VENDOR 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 VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to 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 VENDOR 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 VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR 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 VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR 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 “nonrefundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR 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 VENDOR during the Term of this Agreement.

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

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

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SECTION 11. INDEPENDENT CONTRACTOR.

A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR 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 VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’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 VENDOR 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 VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-contractors with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

A. In the event that VENDOR or any employee, agent, or sub-contractor of VENDOR 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, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR 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, VENDOR 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.

VENDOR 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 VENDOR to comply with this section.

SECTION 14. INDEMNIFICATION.

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VENDOR 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 VENDOR’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, VENDOR shall carry, maintain, and keep in full force and effect all 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 VENDOR’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, productscompleted 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 VENDOR 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. VENDOR 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 VENDOR 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, VENDOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.

Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’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, VENDOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work

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hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

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

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

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

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

At all times during the Term of this Agreement, VENDOR 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. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

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

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

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

All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR and VENDOR’s employees, agents or sub-contractors, from waiving the right of subrogation prior to a loss.

VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.

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

Coverage applies separately. VENDOR’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, VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’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 the failure of VENDOR to comply with this section.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

VENDOR 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 VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR 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 VENDOR under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the

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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 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, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

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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
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, VENDOR shall not discriminate against any employee, subcontractor, 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.

VENDOR 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.

VENDOR and its officers, employees, associates and sub-contractors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.

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

VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by VENDOR. VENDOR's covenant under this section shall survive the termination of this Agreement.

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SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and VENDOR. 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 VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 24-22

BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS

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In response to the subject Request for Proposal (“RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.

The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor 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,

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

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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
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:

Vendor’s License No.

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Expiration Date:

License Classification:

RFP No. 24-22

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.24-22, BULK (UNLEADED AND DIESEL) FUELS AND

OILS, LUBRICANTS, AND GREASE GOODS
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 24-22 Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods (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: ________________________________________

RFP No. 24-22
Montebello Bus Lines

EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 24-22
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 $1,000,000 per accident, combined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor 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 $1,000,000 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 Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $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, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving 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. 24-22
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

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

RFP No. 24-22

EXHIBIT D
RFP No. 24-22

BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS

COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Vendor/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. Please provide a description of a products proven equal as well as additional costs/fees below.

Item # Description Proven Equal Unit of
Measure
Cost Per Unit of
Measure
1 ROTELLA ELC 50/50 1 Gallon $
2 ROTELLA T3 FLEET 15W40 1 Gallon $
3 ROTELLA T3 NG 15W40 1 Gallon $
4 SHELLZONE MV 50/50 1 Gallon $
5 SPIRAX S6 AXRME 75W90 1 Gallon $
6 SPIRAX HD 85W140 1 Gallon $
7 SPIRAX S6 ATF A295 1 Gallon $
8 GADUS S3 V220C 2 1 Gallon $
9 PZL PLAT SYN 5W30 1 Gallon $
10 KP PERF PLUS SB 10W30 1 Gallon $
11 KP PERF PLUS HYD 46 1 Gallon $
12 UNLEADED UN1203 GASOLINE 1 Gallon $
13 DIESEL NA1993 1 Gallon $
14 DIESEL Red Dye 1 Gallon $
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ List other costs/fees: Description

RFP No. 24-22
Montebello Bus Lines
Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

RFP No. 24-22
Montebello Bus Lines

EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:

RFP No. 24-22
Montebello Bus Lines

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

Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax

RFP No. 24-22
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name < $1 million YES
< $5 million NO
Phone
< $10 million If YES list DBE
#:

Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
Name < $1 million YES
< $5 million NO
Phone
< $10 million If YES list DBE
#:

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

RFP No. 24-22
Montebello Bus Lines

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

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

Signature of Attorney Date

RFP No. 24-22

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor 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
Vendor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 24-22
Montebello Bus Lines

EXHIBIT I

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Vendor 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 Vendor 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 Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly

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

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

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

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. 24-22
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. 24-22
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. 24-22
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 # 31

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Acting Director
SUBJECT: APPROVE ISSUING AN ENTERPRISE ASSET MANAGEMENT SYSTEM REQUEST FOR PROPOSALS (RFP) NO. 24-23
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve issuing an Enterprise Asset Management (EAM) System Request for Proposals (RFP) No. 24-23; and

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

FISCAL IMPACT:

There is no fiscal impact related to issuing RFP No. 24-23 for an Enterprise Asset Management (EAM) System (Attachment A). Once a vendor is selected for award, the City Council may be requested to consider approving an agreement and amending the Fiscal Year 2024-25 adopted operating budget as needed to appropriate funds.

Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for the EAM software.

BACKGROUND/DISCUSSION:

The City of Montebello operates Montebello Bus Lines (MBL) to provide public transportation services to the City and neighboring communities. In 2016, the City onboarded IBM Maximo as MBL’s primary EAM System. IBM Maximo is a comprehensive software suite offering asset management, inventory management, work order management, financial management, tire management, and personnel/vendor management. Despite MBL staff's understanding of IBM Maximo's capabilities, they lacked the technical expertise to effectively configure and customize the EAM software.

In 2020, the City procured an experienced and qualified IBM Maximo vendor, Raintek

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

Enterprises, Inc. to help MBL reconfigure the EAM System and implement additional system modules to address ongoing software challenges. Although Raintek Enterprises was able to update the software, MBL staff continued to encounter difficulties utilizing the software for critical functions such as inventory tracking, work order management, staff productivity, and warranty tracking. These limitations highlight the need for a robust and user-friendly solution.

Currently, MBL’s Maintenance Division uses a variety of tools, ranging from basic spreadsheets to advanced Software as a Service (SaaS) solutions to manage its asset system. Through RFP No. 24-23, the City is seeking competitive proposals from qualified and experienced vendors to replace MBL’s existing EAM System with a turnkey solution that consolidates these efforts into a single, comprehensive EAM System, includes additional functionality, and migrates existing data. The goal of RFP No. 24-23 is to develop and deploy software that effectively manages data related to fleet assets including, but not limited to, driver inspections, asset and work order management, lifecycle analysis, asset prioritization, planning and reporting on useful life benchmarks and vehicle disposals, and parts usage and purchasing. Proposers must demonstrate how their system will manage and track these assets, integrate with existing technologies, and address outdated components that may pose security risks. MBL is particularly interested in a vendor with the relevant experience required to provide EAM Systems analysis, design options, and deliver objective and measurable results.

Staff recommends that the City Council approve issuing RFP No. 24-23 to solicit proposals from qualified vendors to assist MBL with onboarding an EAM System. A selection process will be used to evaluate proposals based on various qualitative components and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, quality of proposed personnel, qualifications and experience, and technical approach.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve issuing an Entrprise Asset Management (EAM) Systems RFP, No. 24-23; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A: EAM Systems RFP No. 24-23

City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 24-23

ENTERPRISE ASSET MANAGEMENT SYSTEM
July 25, 2024

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home

RFP No. 24-23
2 Montebello Bus Lines

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 – GENERAL TERMS AND CONDITIONS 9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-18
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-22
SECTION 5 - QUALIFICATIONS 23
SECTION 6 - FORM OF CONTRACT (SAMPLE) 23-34

RFP No. 24-23
3 Montebello Bus Lines
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 35

EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subvendor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
Exhibit L – Requirements Matrix

RFP No. 24-23
4 Montebello Bus Lines

INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced vendors, licensed in the State of California, to deliver and implement a comprehensive Enterprise Asset Management (EAM) System to effectively manage data related to vehicle assets and integrate with current MBL infrastructure. The selected vendor will develop and deploy a software that will provide MBL with such benefits as but not limited to asset and work order management, lifecycle analysis, asset prioritization, parts usage and purchasing, and planning and reporting on preventative maintenance (PMs).

The aim of this project is to develop and deploy software that effectively manages data related to vehicle assets, including driver inspections, asset and work order management, lifecycle analysis, asset prioritization, and planning and reporting on PMs and vehicle disposals, and lasty, parts usages and purchasing. The delivered EAM System software will enhance MBL’s ability to forecast maintenance and replacement expenditures and budget accordingly. Currently, MBL’s Maintenance Division uses a variety of tools, ranging from basic spreadsheets to advanced Software as a Service (SaaS) solutions, to manage its asset system. MBL aims to consolidate these efforts into a singular, comprehensive EAM System that is not limited to just technological assets but can also connect to various software systems within the Transit department. The proposers must showcase how their system will manage and track these assets, including integration capabilities with existing technologies and the ability to upgrade outdated components that may pose security risks.

In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective proposals received.

RFP No. 24-23
5 Montebello Bus Lines
DATE: July 25, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-23
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

EAM SYSTEM
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced vendors, licensed in the State of California, to deliver and implement a comprehensive Enterprise Asset Management (EAM) System to effectively manage data related to vehicle assets and integrate with current MBL infrastructure.

The term of the proposed agreement shall be three years initially, with the option to extend it for an additional two (2), one-year periods, commencing upon the date of the contract execution between the City and the successful Vendor.

A Pre-Proposal Meeting will be held on Wednesday, August 14, 2024. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello.

A facility walk-thru will follow the meeting.

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

Name: Robert Fierro
Title: Management Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.1115
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally inperson will not receive a response.

Proposals must be received by 3:00 PM Pacific Standard Time, on Thursday, September 5, 2024, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances. All proposals must contain an original signature by an authorized officer of the company.

RFP No. 24-23
6 Montebello Bus Lines
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

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

The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.

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

Name: John Soria
Title: Acting Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

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

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday July 25, 2024
Pre-Proposal Meeting Wednesday August 14, 2024, at 10:00 AM PST Deadline to Submit Questions Tuesday August 20, 2024, at 3:00 PM PST Responses to Questions Provided Tuesday August 27, 2024 Deadline to Submit Proposals Thursday September 5, 2024, at 3:00 PM PST Presentations & Intent to Award September/October

RFP No. 24-23
7 Montebello Bus Lines

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subvendor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
15 Requirements Matrix Exhibit L

OPTIONAL ITEMS
16 Requests for exceptions or deviations. Page # 8
Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, September 5, 2024.

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

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

Proposals shall be typed, single-spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.

All requests for exceptions or deviations as a result of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.

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

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

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

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

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the city to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The city will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The city reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a proposer require clarifications of this RFP, the proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.

All questions, clarifications or comments must be submitted to or no later than 3:00 pm, Tuesday, August 20, 2024. No questions will be answered individually by the City or Transportation Departments.

Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.

Every attempt will be made to provide responses to all proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

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5. Question

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

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

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

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

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

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

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

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:

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· Preparing the proposal in response to this request.
· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.

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

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

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

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

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

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

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.

The City shall not in any way be liable or responsible for the disclosure if required to do so by law .

JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub Vendor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

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

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

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

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

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

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

CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.

Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Vendor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Vendor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to effect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Vendor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

In the event the Vendor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The Vendor shall be liable for any and all costs incurred by MBL as a result of such default.

SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.

PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Vendor provide complete services of the type prescribed. Any items omitted from such specifications which are clearly necessary for the

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completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Vendor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.

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

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

No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.

Point of Contact
This RFP is issued by the City, and the Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

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City of Montebello Transportation Department
Attention: Robert Fierro
Management Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com

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

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

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

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

The committee will then present the cost and price proposals and evaluate and score them accordingly.

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

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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
An 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 based on 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 and an enterprise asset management system.
10 points
3 Qualifications and Experience
Demonstrate experience implementing enterprise asset management systems of the same or similar magnitude. Presentation of a catalog of enterprise asset management system services experience and expertise most advantageous to the City. 15 points
4 Technical Approach
Vendor 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 Vendor 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 Vendor 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.

BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 5% of the bid price.

In submitting this bid, it is understood and agreed by the Vendor 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 Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages 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 Portal:
https://pbsystem.planetbids.com/portal/33072/portal-home

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Performance Guarantee
A Performance Guarantee in an amount equal to 100% of the Contract first year value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.

The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from the 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 Vendor to increase the amount of the existing bond or to obtain an additional bond.

If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor 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 to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor 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 (like the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor 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 vendors to deliver and implement a comprehensive Enterprise Asset Management (EAM) System. The objective of this Request for Proposals (RFP) is to invite submissions from capable software providers, value-added resellers, and system integrators, either individually or in collaboration to fulfill Montebello's requirements and integrate with TransTrack and Fuel Master fueling system.

PROJECT DESCRIPTION
The goal of RFP No. 24-23 is to develop and deploy software that effectively manages data related to fleet assets including, but not limited to, driver inspections, asset and work order management, lifecycle analysis, asset prioritization, planning and reporting on useful life benchmarks and vehicle disposals, and parts usage and purchasing. Proposers must demonstrate how their system will manage and track these assets, integrate with existing technologies, and address outdated components that may pose security risks. MBL is particularly interested in a vendor with the relevant experience required to provide EAM Systems analysis, design options, and deliver objective and measurable results.

Subject to prior MBL approval, the Vendor will provide deliverables such as but not limited to:

EAM SYSTEM SERVICES AND FUNCTIONALITIES
• Industry standard best practices for managing municipal assets. • Enhanced service responsiveness and accountability.
• Improved data accuracy, reducing time spent locating essential information. • Optimized infrastructure investments through scheduled maintenance and lifecycle analysis. • Mobile application support for operations concerning vehicle maintenance and part warehousing.
• Generate a variety of standard and customizable reports and dashboards. • A configurable web application for automated asset management tasks. • Document management capabilities, either through linking to an existing software or internally within the EAM System.
• A comprehensive, commercial off-the-shelf (COTS) solution that is fully integrated. • Tracking vehicle mileage and preventive maintenance intervals for vehicle fleet.

REQUIRED SERVICES AND SYSTEM CAPABILITIES
• High-Level Requirements: All proposals must address the detailed requirements specified in Exhibit L, Requirements Matrix, demonstrating a wholistic understanding of Montebello’s needs. • Asset Management System Functions:
o Enable various asset input methods (user entry, bulk upload, data imports) and provide customizable data presentation.
o Support a hierarchical asset management structure personalized to each department's needs.
o Utilize barcode scanning for asset tracking and inventory management, ensuring assets are audited at least once per inventory cycle.
o Implement multiple depreciation schedules suitable for different asset types.

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o Integrate purchasing standards through existing contracts, enabling departments to requisition assets and generate purchase requests via the proposed system. o Allow for extensive system integrations with existing SaaS tools (e.g., TransTrack, Fuel Master) and ensure seamless data imports and updates.
o Maintain strict security protocols in line with NIST Cybersecurity standards. o Produce customized forms for asset transfers and disposals, with an approval workflow that complies with Montebello’s procedures.

REPORTING AND ANALYTICS
Develop comprehensive dashboards and reporting tools that provide insights into costs, asset locations, ownership, management activities, and maintenance histories. These tools should be customizable to meet the specific reporting needs of Montebello.
• Mobile and Accessibility Features:
o Support mobile computing to facilitate field operations. o Ensure the system is accessible remotely, enhancing usability across various locations. • Phased Project Implementation: MBL anticipates a structured rollout of the EAM System, segmented into the following phases:

1. Requirement Identification: Establish a clear understanding of the necessary system capabilities and MBL’s specific needs.

2. System Planning and Configuration: Develop a detailed plan for system setup and integration.

3. Design and Build: Construct the system according to the defined specifications.

4. Testing: Rigorously test the system to ensure functionality and reliability.

5. Deployment: Officially launch the system across MBL’s operations.

6. Ongoing Support and Training: Provide continuous support and comprehensive training to ensure effective adoption and utilization of the system by all relevant Montebello staff.

Each phase must be meticulously documented, with clear deliverables and timelines provided in the proposals. This phased approach ensures that each stage of the system development is executed with precision, ultimately leading to a robust and EAM System tailored to MBL’s needs.

PROJECT MANAGEMENT
MBL requires an exhaustive and systematic approach to the implementation of the EAM System. This involves the following structured steps:

1. Project Kickoff: Official initiation of the project, outlining the scope, objectives, and key participants.

2. Business Charter and Project Plan: Creation of a detailed plan that includes:
a. Stakeholder Communication Plan: Outlining how stakeholders will be kept informed throughout the project lifecycle.
b. Quality Management Plan: Ensuring that project deliverables meet the required standards.
c. Change Management Plan: Facilitating the management of changes during project execution.
d. Staffing Management Plan: Detailing human resource requirements and roles. e. Communication Plan: Ensuring effective internal and external communication throughout the project.
f. Risk Management Plan: Identifying, analyzing, and preparing risk mitigation tactics.

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3. Project Status Monitoring: Regular updates through weekly and monthly progress reporting to keep all stakeholders informed of the project's status.

4. Work Breakdown Structures (WBS) and Timeline: Establishing a clear structure for the tasks needed to complete the project, with an associated timeline for each phase.

BUSINESS ANALYSIS
• Review of Existing Documents: Analysis of current business documents provided by MBL to understand existing workflows and systems.
• GAP Analysis: Identifying the gaps between current capabilities and the desired state of the new system.
• User Stories and WBS Tasks: Developing user stories or specific tasks that detail the requirements and support system configuration.
• Wireframes: Creating visual guides to detail the necessary features and layout of the new system. • Standup Meetings: Regular meetings with product owners to review progress and refine requirements.

SYSTEM CONFIGURATION
• Fully configure and validate the system as per the established requirements, including:
o Forms, dashboards, and reports.
o User accounts setup, hierarchy, and permissions management. o Asset templates categorized by type.
o Integration with identified existing systems and data sources. o Customization of asset statuses, views, and workflows. o Extensive documentation on system configuration, custom setups, and integrations. o Conforms to National Institute of Standards and Technology (NIST) and Cybersecurity and Infrastructure Security Agency (CISA) standards/recommendations. o Supports Active Directory authentication or federated identity providers. o Supports two-factor or multi-factor authentication.
o Supports role-based access and security with ability to create custom roles. o Audit log with date and timestamp of user logins, actions, modifications, etc. o Supports HTML5/SSL/TLS protocols.
o Ability to interface or integrate with FuelMaster, the City’s Fuel Management system. o API platform to integrate with other 3rd party applications. o Compatible with Microsoft Windows Server 2019 and above. o Compatible with Microsoft SQL Server 2017 and above.
o Compatible with the City’s current virtual server infrastructure (Cloudian, TranTrack, IBM Maximo, Fuel Master, etc.)
o Ability to provide a Development and/or User Acceptance Testing (UAT) environment. o The proposal shall identify the dates and release version the proposed software will go end of-sale (EOS), end-of-support and when software updates and security patches will no longer be available.
o If cloud-based solution, follows the Zero Trust security model. o If cloud-based solution, maintain a service uptime of 99.9% or higher. o If cloud-based solution, offer routine backup and verification of client database. o If cloud-based solution, describe plan in place for disaster recovery. o The proposal shall include a 3-year support agreement. The agreement shall, at a minimum, provide software updates for security patches, bug fixes, and both minor and

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major version upgrades. Additional services provided as part of this agreement can include vendor support over telephone, e-mail, web portal and free training with online resources.

SYSTEM INTEGRATION
• Integrate with essential systems like Systems Center Configuration Manager (SCCM) for asset information and MBL's Directory for user accounts and single sign-on capabilities. • Ensure compatibility with systems like Adobe Sign for digital approvals and VeraSmart for additional asset information management.
• Provide tools and templates (e.g., CSV, Excel) to facilitate the easy importation of existing asset data into the system.

REPORTING AND ELECTRONIC FORMS
• Develop and maintain a suite of reports as required by MBL, including:
o Annual exception reports.
o Inventory adjustment reports.
o Asset transfer and surplus forms.
o Custom reports as identified during the analysis phase.

TRAINING
• Design and implement comprehensive training programs for end users, asset managers, and system administrators that include:
o Customized training agendas.
o Detailed presentation materials.
o Trainer notes and demonstration guides.
o Recorded training sessions for ongoing reference.

ONGOING SUPPORT
• Provide six months of post-implementation support to address any maintenance issues, make necessary configuration adjustments, and conduct additional training sessions as needed to ensure smooth operation and optimization of the system.

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

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environments. The Vendor 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 Vendor will state and identify its involvement with other clients for both past and present projects. The Vendor 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 Vendor’s involvement and responsibility should be defined for each project. • Identify any sub-contractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major sub-contractors proposed.

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

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

C. The 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 a 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.

SECTION 6 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

ENTERPRISE ASSET MANAGEMENT SYSTEM
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 “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

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RECITALS
WHEREAS, CITY desires to retain a qualified professional VENDOR to develop and deploy an Enterprise Asset Management System to the CITY; and
WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, VENDOR responded to CITY’s Request for Proposals dated February 29, 2024 (RFP No. [24-23]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Vendor 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. 24-23, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 24-23 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 24-23 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.

SECTION 2. SERVICES / COMPENSATION.

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

B. VENDOR shall be compensated a sum not-to-exceed $………………………………………(the

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“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”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR 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 VENDOR 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 at VENDOR's discretion.

SECTION 3. TERM.

This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of three (3) years with the option to extend for an additional two (2), one-year (1-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. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

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

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

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

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

E. VENDOR 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, VENDOR shall make all records, invoices, time cards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.

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F. All reports, documents, or other written material developed by VENDOR 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 VENDOR. 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 VENDOR for such reuse.

SECTION 5. WORK PRODUCT.

A. VENDOR 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. VENDOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR 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. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in VENDOR’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 VENDOR, its sub-vendors, 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 VENDOR 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 VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 7. CITY SUPERVISION.

The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’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

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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 VENDOR 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 VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR 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 VENDOR 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 VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR 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 VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “nonrefundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR 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 VENDOR for its performance of services under this Agreement. VENDOR 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 VENDOR during the Term of this Agreement.

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

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

SECTION 11. INDEPENDENT VENDOR.

A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR 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 VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for

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performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub-Vendors 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 VENDOR 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 VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-Vendors with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

A. In the event that VENDOR or any employee, agent, or sub-Vendor of VENDOR 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, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-Vendors, 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, VENDOR and any of its employees, agents, and sub-Vendors 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.

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

SECTION 14. INDEMNIFICATION.

VENDOR 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 VENDOR’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.

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During the Term of this Agreement, VENDOR 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 VENDOR’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, productscompleted operations, broad form property damage, blanket contractual liability, independent vendors, 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 VENDOR 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. VENDOR 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 VENDOR for CITY and to require each of its sub-Vendors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, VENDOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.

Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’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, VENDOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. 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-Vendors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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

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

At all times during the Term of this Agreement, VENDOR 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. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

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

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

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

All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR, and VENDOR’s employees, agents or sub-Vendors, from waiving the right of subrogation prior to a loss.

VENDOR hereby waives all rights of subrogation against CITY. Vendor 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. VENDOR’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, VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.

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Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’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 VENDOR to comply with this section.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

VENDOR 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-vendor, 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 VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR 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-vendors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

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;

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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, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

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

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:

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CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, VENDOR shall not discriminate against any employee, subvendor, 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. VENDOR will take affirmative action to ensure that sub-vendor 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.

VENDOR and its officers, employees, associates and sub-Vendors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.

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

VENDOR 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 VENDOR. VENDOR'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 VENDOR. 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.

RFP No. 24-23
34 Montebello Bus Lines

CITY OF MONTEBELLO VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 24-23

ENTERPRISE ASSET MANAGEMENT SYSTEM
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.

RFP No. 24-23
35 Montebello Bus Lines
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor 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,

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

RFP No. 24-23
36 Montebello Bus Lines
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
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:

Vendor’s License No.

Expiration Date:

License Classification:

RFP No. 24-23

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 24-23, ENTERPRISE ASSET MANAGEMENT SYSTEM Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, sub-contractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 24-23 Enterprise Asset Management System (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: ________________________________________

RFP No. 24-23
Montebello Bus Lines

EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 24-23
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 $1,000,000 per accident, combined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor 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 $1,000,000 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 Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly

RFP No. 24-23
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

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

RFP No. 24-23

EXHIBIT D
RFP No. 24-23

ENTERPRISE ASSET MANAGEMENT SYSTEM

COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Vendor/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.

Table 1: Year 1 Expenses
System/Service Cost Comments
Itemized Software:

Licenses by module/product $
add additional line items as needed $
Maintenance/Upgrades: $
By module/product $
add additional line items as needed $
Support $
by tier options if available $
add additional line items as needed $
Implementation $
TASK: Project Management $
TASK: Business/Workflow Analysis $
TASK: System Configuration $
TASK: Populating system with asset data $
TASK: System Integration $
TASK: Reporting and Dashboards $
TASK: Admin Training $
TASK: User Training (train the trainer) $
TASK: System Testing $
TASK: User Acceptance Testing $
TASK: Go-Live Support $
TASK: Follow-up Support Services $
TASK: Configuration Documentation $
Add additional line items as needed $
TOTAL OF YEAR 1 $-

RFP No. 24-23
Montebello Bus Lines
Table 2: Year 1-3 Expenses
System/Service Cost Comments
Itemized Software:

Licenses by module/product $
add additional line items as needed $
Maintenance/Upgrades: $
By module/product $
add additional line items as needed $
Support $
by tier options if available $
add additional line items as needed $
Implementation $
TASK: Project Management $
TASK: Business/Workflow Analysis $
TASK: System Configuration $
TASK: Populating system with asset data $
TASK: System Integration $
TASK: Reporting and Dashboards $
TASK: Admin Training $
TASK: User Training (train the trainer) $
TASK: System Testing $
TASK: User Acceptance Testing $
TASK: Go-Live Support $
TASK: Follow-up Support Services $
TASK: Configuration Documentation $
Add additional line items as needed $
TOTAL OF YEAR 1-3 $-
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ List other costs/fees: Description

RFP No. 24-23
Montebello Bus Lines
Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

RFP No. 24-23
Montebello Bus Lines

EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:

RFP No. 24-23
Montebello Bus Lines

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

Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax
Name < $1 million YES
< $5 million NO
Phone
Address < $10 million If YES list DBE #:
< $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Fax

RFP No. 24-23
Montebello Bus Lines
Part II
The bidder shall list all sub-contracators 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 < $1 million YES
< $5 million NO
Phone
< $10 million If YES list DBE
#:

Address
< $15 million
> $15 million Age of Firm
(Yrs.)
City State ZIP
Fax
Name < $1 million YES
< $5 million NO
Phone
< $10 million If YES list DBE
#:

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

RFP No. 24-23
Montebello Bus Lines

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

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

Signature of Attorney Date

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor 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
Vendor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 24-23
Montebello Bus Lines

EXHIBIT I

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Vendor 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 Vendor 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 Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly

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

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

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

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. 24-23
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. 24-23
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. 24-23
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

RFP No. 24-23
Montebello Bus Lines

EXHIBIT L

REQUIREMENTS MATRIX
Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

1.0 – Equipment/Asset Management Module

1.01 Maintain all pertinent data on each piece of equipment including, but not limited to, the following fields:
• Equipment Number
• Make
• Model
• VIN/Serial Number: unique number
• License: unique number for license plate
• Class Code
• Department
• Billing Code: billing code to define how costs captured for this piece of equipment are to be billed. Multiple user defined billing schemes must be supported.
• Finance Asset Number
• Color
• Fuel Island code
• Equipment priority code
• Unlimited Account Codes for both Debit and Credit accounts

1.02 Display in the equipment module all parts issued, and the last date issued for each piece of equipment.

1.03 Provide the ability to define availability of each individual asset by hours, days and holidays.

1.04 Provide unlimited user-defined asset/equipment usage codes.

1.05 Provide the ability to assign an employee/driver to an asset.

1.06 Provide the ability to attach components expandable to multiple levels to an asset while maintaining a full asset record, warranties and PM schedules for each.

1.07 Provide unlimited notes capability for an asset record.

1.08 Ability to change an asset number and maintain all relevant data with the record.

1.09 Track up to three different fuel types for one asset record.

1.10 Provide the following fields for the capture of acquisition and disposal information for each asset record:
• Acquire Date
• Acquire Cost
• Acquire Vendor
• PO Number
• Title
• In Service Date
• Life Expectancy Months/Useful Life Benchmark
• Out of Service Date
• Disposal Date
• Disposal Cost captured
• Dispose Vendor

RFP No. 24-23
Montebello Bus Lines

1.11 Track multiple meter types (miles/hours) and provide the ability to capture the following meter readings:
• Actual Meter Reading
• Meter Reading at Acquisition
• Power Takeoff (PTO) Hours
• Begin Fiscal Year Meter
• Life Expectancy by M/H

1.12 Provide the ability to replace a meter and maintain both actual and life-to-date (LTD) meter reading.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

1.13 Hubometer Management:
• Provide the ability to track both odometer and hubometer readings separately. • Maintain a Lifetime Miles field that accumulates total miles from both odometer and hubometer.
• Implement a Hubometer Reset feature that resets the hubometer reading to zero without affecting the lifetime miles.
• Accumulate the current hubometer reading into a Hubometer Total field before resetting.
• Use the sum of Hubometer Total and odometer reading to update the Lifetime Miles.

1.14 Support the ability to bill each asset by multiple cost categories in user-defined combinations of parts, labor, sublets, and mileage, billing period charges, fuel and replacement recovery.

1.15 Support multiple mark ups for parts, labor fuel and sublets.

1.16 Track unlimited warranties for each asset by expiration date, cost, vendor, and any deductible or cost for the warranty.

1.17 Provide unlimited user-defined codes that can be assigned by asset or by groups of assets.

1.18 Provide the ability to charge multiple accounts and/or departments by percentage of cost.

1.19 Provide the ability to assign both credit and debit account numbers to an asset and ability to modify with permissions.

1.20 Track changes in departmental ownership.

1.21 Store billing period charges for historical review, reproduction and reports.

1.22 Preventative Maintenance Tracking
• If an asset comes in for an unscheduled repair and a PM is due soon, create notification so PM can be completed.
• Track unlimited PM cycles for each piece of equipment in any combination by time, meters, fuel consumption, a set monthly date or a set annual date. • Automatically update the next PM due when each job has been completed. • Allow users to define the update process for calculation of next PM due using the actual transaction date and current meter or previous date and meter. • Provide ability to establish a hierarchy for PM services and define the highest level for the grouping.
• Easily create a shop schedule for a list of PMs due.
• Allow the user to define what working days will be included on the schedule. • Provide the ability to define the total number and type of PM services included on the schedule.
• Provide the ability to create a PM services repair record from the PM due listing. • Provide auto email PM Due capability.
• Ability to have PMs scheduled on specific days.

RFP No. 24-23
Montebello Bus Lines

1.23 Tracking of state inspections, annual fire inspections, annual renewals, and any other site specific inspections.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

1.24 Vehicle Replacement
• Provide an online vehicle replacement program that displays vehicle replacement information calculated and captured from other locations in the system and provides reporting capability. Includes the following:
- Date: date that the equipment was put in service.
- Cost: amount of money paid to acquire the equipment.
- Maint. $ LTD: the maintenance dollars spent to date.
- Inflation Rate: estimated inflation rate for the equipment. - Salvage Rate: the expected percentage of the cost that the user will get at the time the unit is sold or salvaged. This dollar amount is subtracted from the total cost of replacement.
- Fund: budgetary funding code for replacement of equipment. - Major Grouping: administrative level group funding code. - Expected Life in Meters: shows the expected life from all valid meters attached to the equipment.
- Expected Life in Months: the expected time, in months, that the equipment should last before replacement is necessary.
- Recovery Collected: life-to date amount of recovery collected through the billing process or separate update program.
- Condition Factor: subjective administrative level input toward equipment replacement program.

1.25 Automatically add to the acquisition cost any capitalization maintenance. • These costs should be tracked separately from maintenance and repair costs. • Recalculates when capital repairs are added.

1.26 Online display of historical information for each piece of equipment including:
• Monthly or yearly totals by fiscal year or calendar year for:
- Fuel costs and quantity
- Meter type and cost/meter
- Parts
- Labor
- Sublet
- Credit
- Accident
- All parts issued to the equipment

RFP No. 24-23
Montebello Bus Lines
Display the following history fields by month or year:
• Total Maintenance and Repair: the total maintenance and repair dollars spent on this equipment.
• Maintenance: the dollars spent on parts, labor and sublet costs for PM’s. • Repair: dollars spent on parts, labor and sublet costs for all other repairs (nonPM’s and non-accident repairs). • Accident: dollars spent on parts, labor and sublet costs for accident repairs. • Capital: dollars spent on parts, labor and sublet costs for capital repairs. • Miscellaneous Costs: dollars spent for work order miscellaneous costs such as shop supplies, environmental fees, etc.
• Fuel Cost: costs associated with fuel. Fuel Qty: quantity of fuel used for the month or year.
• Meter: type of meter.
• Cost/Meter: costs attributed to this meter [(Maintenance + Repair)/Meter Reading]
• Meter/Gallon: costs of meter per gallon (Meter Reading/Fuel Qty.). • Parts: total dollars spent on parts for this equipment for selected period (not PM or accident part costs).
• Labor: total dollars spent on labor for selected period. • Sublet: total dollars spent on sublet costs for this piece of equipment for selected period.
• Credit: total number of credit dollars given on this piece of equipment. • Accident: total dollars from accidents.
• Other Fluid: amount of other fluids used in this equipment for the selected period.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

1.28 Provide the ability to recuperate the costs of special tools and training needed for equipment through the use of an equipment specific labor rate that is automatically used when maintenance is performed.

1.29 Link equipment warranties to repair codes for tracking warranty cost information.

1.30 Track equipment warranties from the initial claims to re-imbursements received.

1.31 Provide direct access to unlimited stored images associated with the piece of equipment.

1.32 Templates – Ability to add multiple equipment records from a template including standard fields, PM Schedules & Warranty Schedules.

1.33 Capability to add graphics, PDFs and notes to an equipment record.

1.34 Within the equipment module, the ability to run user defined queries on the fly. The query should be exportable at a minimum to Microsoft Excel and Adobe PDF.

1.35 Access equipment module using Android and Apple compatible smartphone mobile App.

1.36 Tracking of Electric and Hydrogen powered vehicles. Ability to bill electric and Hydrogen usage.

RFP No. 24-23
Montebello Bus Lines
Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

2.0 – Parts Inventory/Processing & Management Module

2.01 Maintain all pertinent data on each part in inventory including:
• Part Number unique to one part
• Part Description
• In Stock Quantity
• Item Cost
• Part Category or classification
• Part Type or distinct usage
• Part Status
• % Mark Up for the individual part
• Location
• Alternate Location
• Vendor
• Cross Reference Part(s) will automatically filter back to unique part number. • Stock Quantities for max, min and n/a.
• Part Class Code
• Max Issue: maximum quantity that can be issued to a work order at one time. • Order Lead Time
• Unit of Issue
• Unit of Order
• Multiplier: a number used to multiply by the unit of order to equal the unit of issue.

2.02 Provide full audit tracking capabilities including the following adjustments by operator ID, date/time to:
• Unit cost
• Count
• Return to inventory
• Return to vendor
• Deleted orders
• Deleted receipts
• Transfers from one storeroom to another
• Ability to delete from record incorrect parts that were issued erroneously

2.03 Track purchases by:
• Vendor
• PO Number
• Order Number
• Vendor Invoice
• Date
• Person placing the order
• Person receiving the order
• Work Order Number

2.04 Capability to add graphics, PDFs and notes to a part record.

2.05 Provide the capability to order, receive and issue a part on a work order from a single screen.

RFP No. 24-23
Montebello Bus Lines

2.06 Have the capability to conduct online searches for purchases by:
• Invoice Number
• Order Number
• Part Number & Storeroom
• Part Number
• Purchase Order
• Vendor
• Work Order Number Part is for
• Work Order Shop the Part has been ordered for

2.07 Provide the ability to search for:
• All back orders
• Orders not received
• All orders received
• Technician Issued to

2.08 Track multiple part storerooms and carry a separate inventory in each storeroom for the same part numbers.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

2.09 Have online search capabilities for part records for the following:
• Alternative Part Number: an equivalent/alternative part number • Industry Part Class Code: STD Classification Part
• Category: Code, which defines the manner in which parts are grouped. • Part Catalog Number
• Description
• Location
• Manufacturer’s Number: The number given to each part by the manufacturer • Material Safety Data Sheet #
• Part Number
• Part Usage Code
• Four (4) Site defined reference fields for parts
• Part Status: Status of the part, i.e., active, closed • Storeroom
• Vendor
• Part Warranty Type

2.10 Provide an online screen display with the following information when searching for part numbers:
• Part Number
• Storeroom
• Description
• Location
• In-Stock Quantity
• Unit Cost
• Reorder, Safety and High Limits
This should include the ability to go to the part record by selecting a part from the list.

2.11 Have the ability to conduct a wild card search on partial field information: partial description, partial part number, partial manufacturer number, etc.

2.12 Include the following information on the part record online, either by month or year:
• History of the part usage (issues, issues returned) Received, received returned • Transferred in, transferred out Adjusted up, adjusted down End of period quantity • Costs: unit, tax, shipping
• Extended cost by the month or by year

RFP No. 24-23
Montebello Bus Lines

2.13 Differentiate between stocked and non-stocked part records and offer all part capabilities for both.

2.14 Track the issuance of all stocked and non stocked parts to a specific piece of equipment.

2.15 Have the ability to change a part number and have that change be reflected for all historical records.

2.16 Have a part number function that merges part records into one number while still retaining historical data.

2.17 Have the ability to create an order for all parts at the reorder point with the option to modify it to include or exclude any part.

2.18 Provide an option to track warranty and receipt information for non-stocked parts issues.

2.19 Price parts issued to work orders at a moving average.

2.20 Generate a surplus parts report tracking lack of activity for user-defined periods of time.

2.21 Have the ability to print bin labels.

2.22 Provide a works list to assist in inventory counts.

2.23 Have the ability to list all receipts by vendor for all parts, a category of parts or specific part numbers.

2.24 Have the ability to generate a parts reorder list by vendor, category, part number or storeroom.

2.25 Provide for ABC classification of parts where classifications, “A” parts are the top 20% of inventory, “B” parts are the next 30%, and “C” parts are the bottom 50% of inventory.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

2.26 Have the capability to issue and charge parts to an individual or department without having to charge it to a work order. All associated costs must be tracked through the billing report.

2.27 Allow for a user-defined reasonableness percentage check on cost per parts received.

2.28 Provide an online screen notes function and print capability for all part records.

2.29 Have the ability to identify a mark-up percentage by part number.

2.30 Track all credits to vendors by PO#, invoice #, date, type, and description.

2.31 Automatically recalculate the total on the PO # when a credit is issued by vendor.

2.32 Track multiple inventory storerooms and produce an audit trail for transfers among the storerooms.

2.33 Provide an EOQ calculation for the current values of the minimum level (reorder point), safety stock and maximum level from the actual order and issue history. • Analyze which parts should be included in the EOQ
• Calculation as a result of the EOQ program. Automatically enter the values for minimum, maximum and safety into the parts master record.

2.34 Support a cyclical inventory capability where every part is inventoried over a userdefined time period through a defined number of cycles.

2.35 Have a parts list capability where lists are created, stored, and printed for specific repairs on specific equipment number, year, make, model, class, etc.

2.36 Provide direct access to unlimited stored images associated with each part, i.e., MSDS sheets.

2.37 Provide parts cross referencing capability.

RFP No. 24-23
Montebello Bus Lines

2.38 Support the use of barcoding. Print barcode labels including:
• Part Number
• Description
• Storeroom
• Bin Location
• Date Part Received

2.39 Provide the ability to track parts on back order.

2.40 Ability to transfer from work orders a rebuildable part into part inventory.

2.41 Ability to track core procedure from purchase to credit of core return.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

3.0 – Technician Workstation Module

3.01 Using an individual workstation that is assigned to the technician; can sign on/off to work orders as they begin and complete each repair.

3.02 Provide the ability to add notes to the work order.

3.03 Provide the ability to search for specific work orders and work previously performed on a piece of equipment.

3.04 Provide searches for specific repairs and/or timeframes on a piece of equipment by:
• Alternative Part Number: an equivalent part number
• Industry Part Class Code
• Part Category: a code that defines the way parts are grouped • Part Catalog Number
• Description
• Location
• Manufacturer’s Part Number
• Material Safety Data Sheet #
• Non-Stock Parts
• Part Number
• Part Usage Code
• Part Status: active, closed, etc.
• Storeroom
• Part Type
• Vendor
• Part Warranty Type

3.05 Provide the ability to search all assigned repairs by technician or by shop.

3.06 Track indirect time without opening a work order.

3.07 Provide ability to view documents attached to work orders. .08 Provide ability to add repair lines.

3.09 Ability to log on a job at start of shift, move job to job without “wait time” between punches.

3.10 Ability to offer/provide access to checklist for tasks.

3.11 Ability for management to view what is assigned/in queue to be assigned to technician.

3.12 Ability from within software to send and receive messages from technicians, customers, parts clerks, managers, and service writer. All conversations are trackable and tied to work order.

3.13 Parts requests are sent from work order screens to Parts Clerks. Technicians are notified from software when parts are available.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

4.0 – Work Order Module

4.01 Provide a simple work order add from one screen.

RFP No. 24-23
Montebello Bus Lines

4.02 Provide default information upon adding a work order that displays the following equipment information:
• Year, make, model VIN/serial number
• Engine size
• AC
• Transmission size
• Tire size(s)
• Fuel type(s)
• Department
• Equipment class
• Site
• Monitor code
• License number
• Color
• Status
• Replacement status
• Replacement date
• Warranties in effect for the equipment plus any attached component(s) • PM schedule for equipment plus any attached component(s) • Most recently stored meter reading(s)

4.03 Capture PM services, other repairs, sublets, and miscellaneous costs/credits on a single work order.

4.04 Capture multiple repair codes on a work order (such as the inclusion of a warranty repair on a PM work order) and provide for detailed analysis by repair code.

4.05 Isolate all work of a specific type by a defined period and restrict the analysis to any department and/or class of equipment.

4.06 Allow determination of cause, repair, work order and vehicle for any defined period on all parts issued.

4.07 Record all commercial or sublet repairs to enable analysis by cause and repair code.

4.08 Link a repair to an employee/outside vendors so abuse and accidents are identified.

4.09 Display all active warranties and PM due messages for the equipment and associated components when the work order is opened.

4.10 Provide job estimates that can be converted into active work orders.

4.11 Print lists of parts and tasks required for any specific repair code.

4.12 Provide the capability to view all work orders online in real time by status.

4.13 Provide a real-time single screen review of the direct/indirect labor activities for all logged on technicians.

4.14 Review online all work order detail information for quality control when a work order is closed.

4.15 Search for a work order by each (or a combination) of the following:
• Equipment number
• Class of vehicle
• Work order number
• Technician identification
• Date
• Equipment Usage type
• Repair code
• Shop
• Status of the work order
• Road call (true/false)

4.16 Provide the ability for wild card (partial information) searches.

4.17 Provide the ability to add notes and print them separately or with the work order.

4.18 Provide the ability to add additionally required repairs to complete the work order.

4.19 Alert the user when a repair is covered under a warranty.

RFP No. 24-23
Montebello Bus Lines
Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

4.20 Provide the ability to defer repairs and automatically include them on the next opened work order for that piece of equipment.

4.21 Provide the ability to assign deferred repairs to a specific technician and/or shop.

4.22 Automatically display a technician specific screen listing any deferred repairs upon opening any work order.

4.23 Alert technicians upon sign on that assigned repairs are pending.

4.24 Require a specific authorization for closing a work order.

4.25 Require specific authorization for reopening a closed work order.

4.26 Provide an online summary review screen of all costs associated with each work order.

4.27 Allow addition of user-defined costs to the work order including description and mark ups.

4.28 Allow credits to the work order.

4.29 Directly produce from the work order screen existing parts and tasks lists associated with any repair. These lists may be printed or reviewed online.

4.3 Ability to create estimates for repairs on a separate tab from the work order.

4.31 Ability to provide walk-around checklist.

4.32 Provide warning when pending repairs and maintenance due within parameters set.

4.33 Allow all dealership recalls to be searched and viewed with asset number and type, as well as recall number assigned.

4.34 Ability to automatically send parts lists for PM services to Parts Department.

4.35 Ability to reopen a work order for required billing changes. Work order should display technician hours for each job and dollar amount, as well as work order totals.

4.36 Work orders can be generated to track labor, sublets and parts used in the process to rebuild a part for parts inventory stocking purposes.

4.37 Road Call Management:
• Provide the ability to identify work orders related to road calls • Enable a field to classify road calls according to FTA definitions:
- Major mechanical system failures (limit vehicle movement or create safety issues)
- Other mechanical system failures
• Roadcall notes section to capture the following data for road calls:
- Date and time of the road call
- Description of the issue
- Driver's report
- Dispatcher's log entry
Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

5.0 – Preventative Maintenance

5.01 Generate a PM/annual/semiannual inspection due list by department, class, shop, or date.

5.02 Support PM frequency by time, miles/hours, fuel consumed or any combination thereof.

5.03 Automatically update when the next PM is due upon completion of the current PM.

5.04 Provide for PM scheduling that supports differences in age, usage, and manufacturer.

RFP No. 24-23
Montebello Bus Lines
Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

6.0 – Availability and Downtime/Hold list Tracking

6.01 Allow creation of a user-defined downtime/hold list calendar for each piece of equipment. Options should include hours of service and available workdays including or excluding weekends and holidays.

6.02 Store user-defined downtime.

6.03 Track number of hours a work order is opened to calculate downtime for the piece of equipment.

6.04 Allow the administrator to define downtime statuses.

6.05 Provide ability to stop and re-start downtime.

6.06 Provide downtime analysis of work by total and averages of:
• Equipment
• Class of equipment
• Work order number
• Department/division

6.07 Report user downtime by cause.

6.08 Provide an online review of downtime by status.

6.09 Provide the ability to track downtime on multiple work orders opened on the same piece of equipment.

6.10 Availability to set operational hours for employees to aid in scheduling.

6.11 Establish criteria for holidays, vacations, etc., for staff to aid in scheduling work.

7.0 – Fuel Management Module

7.01 Have the capability to import all fueling data from external fueling software.

7.02 Provide the ability to automatically schedule uploads of fuel data to the EAM system.

7.03 Allow for manual upload/input of fuel data into the EAM system.

7.04 Maintain the ability to track fuel by an individual or piece of equipment.

7.05 Provide the ability to view online fuel and operational fluids costs transactions and the accompanying meter reading.

7.06 Provide search capabilities for fuel transactions by:
• Site
• User selected date range
• Equipment number

7.07 Interface with multiple onsite automated fuel systems or commercial card programs.

7.08 Maintain a perpetual inventory of fuel and other operational fluids.

7.09 Track inventory receipts, issuances, stick readings and allow for moving average fuel charges.

5.05 Allow for unlimited PM’s and frequency of service for each piece of equipment.

5.06 Track unlimited PMs for all components.

5.07 Provide an option for hierarchical scheduling of PM’s.

5.08 Adjust for early/late hierarchically scheduled PM services.

5.09 Include all associated components in a PM due report.

5.10 Provide the ability for flexible PM scheduling based on shift and shop capacity.

5.11 Provide the ability to manage or modify scheduled PM’s.

5.12 Provide an automatic PM Email Notification Program.

5.13 Provide ability to have a PM “window” to perform PM and still be considered on time.

5.14 Provide ability to have multiple PM schedules for one vehicle (bucket truck & chassis).

5.15 Provide ability for service writers to run PM reports and perform scheduling that is user friendly and easy to disseminate to departments.

RFP No. 24-23
Montebello Bus Lines

7.10 Track multiple alternate fuels.

7.11 Ability to verify fuel transactions and correct errors during the import process. Should have the ability to see all fueling transactions and flag/adjust the meter readings in error.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

8.0 – Reporting – Reports to be included (but not limited to):

8.01 Support a standard ad hoc report writer. Please provide the name of the recommended report writer.

8.02 Provide standard reports that provide multiple sort and selection criteria along with drill down capabilities. Please provide a list of all standard reports.

8.03 Preventive Maintenance Due Comprehensive list of all PMs due within a specified date range and variable percentage of meter or fuel consumption.

8.04 Equipment History Cost & Quantity Detailed history of equipment costs by month and year, including all costs broken out by:
• Accident
• Maintenance and repair
• Fuel and other fluid quantities
• Miles per gallon and cost per mile calculations

8.05 Equipment/Asset
• Usage miles driven within a timeframe by equipment, class and/or department. • Scheduled maintenance due
• Asset list with cost information
• Asset replacement
• Asset master list
• Straight line depreciation
• Asset inventory snapshot
• History report

8.06 Master Equipment List Includes:
• year, make, model
• department
• class
• acquired date with ability to sort by license number
• Serial number or employee code

8.07 Fuel
• Meter Exception – Identifies vehicles/ operators with potential invalid meter info. • Fuel transaction report
• Non-fueled assets
• Fuel usage detail

8.08 Vehicle Replacement Identifies equipment to be replaced based on:
• In-service date and life expectancy
• Non-metered equipment
• System calculated vehicle replacement program

8.09 Average Equipment Age by Class Average age of all vehicles in each equipment class.

8.10 Equipment Audit Audit trail of changes to company, department, equipment key and deletions in the system’s equipment records.

8.11 PM Compliance Completed PM’s flagging those done on time and showing the compliance percentage.

8.12 Mileage Exception Vehicles outside the minimum and maximum meter reading limits to identify high or low usage.

8.13 Average Age for Disposed Equipment Average age of disposed vehicles by company, department or class.

RFP No. 24-23
Montebello Bus Lines

8.14 Technician Efficiency Tracking technician’s individual efficiency rating against standard repair times.

8.15 Technician productivity Tracking indirect vs. direct time per technicians based on available hours. Ability to be modified to exclude indirect labor time by the user.

8.16 Excel Ability to run customizable reports from the table files using Excel or PDF.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

8.17 Operations
• Comeback – track individual comebacks and shop (re-work) percentages • Work order details by date report and work order
• Work order sublet by vendor
• Work order dollar summary
• Possible comeback report
• PM labor percentage
• Repair reason frequency
• Fleet availability report
• Technical labor activity report

8.18 Deferred Maintenance Ability to track and report of deferred maintenance and backlog work requests.

8.19 Parts
• Parts inventory
• Parts issue report
• Vendor purchase order list
• Parts received
• Orders not received
• Parts reorder report
• Part transfer report
• Vendor returns report
• Inventory count sheet
• Direct charge transactions
• Parts surplus report
• Parts obsolescence report
• Inventory movement report
• Part transaction detail report
• Inventory discrepancy report

8.20 Vehicle Utilization Vehicle utilization report based on user defined parameters

8.21 Dashboard
• A dashboard shall be provided to display at minimum the following:
- Asset availability
- Technician productivity
- Shop turn-around
- PM compliance
- Cost per meter
- Comeback repairs
- Utilization
- Open wo by status
- Schedule/non-scheduled repairs comparison
- Vendor compliance
- Inventory turn
- Average age of asset
• Dashboard will provide live data view without manual refreshes • Dashboards will be available to Fleet and non-Fleet staff

8.22 Ability to export any table or page into a PDF or Excel workbook at any point within the EAM.

Section Description

VENDOR WILL
COMPLY
(Fully/Partially/
Not at All)

INCLUDED IN

BASE PRICE
(YES/NO)

9.0 – Customer Access / Connecting with Outside Software

9.1 Driver Vehicle Inspection Reports (DVIRs)
• Portal for non-Fleet departments to perform vehicle inspections and log any failed items (Pre/Post-Trip inspections)
• Ability to capture or attach pictures to the vehicle inspection • Compatible with mobile devices (Android, iOS) through browser or native mobile app

9.2 Service Requests
• Portal for non-Fleet departments to request service on their vehicles or equipment
• Ability to capture or attach pictures to the service request • Live service repair status with insight into mechanic notes, costs, estimated time of completion

9.3 Equipment Replacement
• Track all quotes and procurement of equipment
• Track purchasing contracts
• Save all purchasing records

9.4 Accidents
• Track repairs
• Track insurance bids/supplements

9.5 Road Calls Reports
• Portal for non-Fleet department to track road call classifications based on vehicle number, date, and/or road call ID number.

Montebello Bus Lines
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

ITEM # 32

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: John Soria, Acting Director
SUBJECT: ADOPT RESOLUTION NO. 24-56 AUTHORIZING SUBMISSION OF A

BUDGET REVISION TO THE FEDERAL TRANSIT ADMINISTRATION
(FTA) FOR GRANT NOS. CA-2019-033 AND CA-2021-075
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 24-56 to authorize submitting a budget revision to the Federal Transit Administration (FTA) for Grant Nos. CA-2019-033 and CA-2021- 075; and,

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

FISCAL IMPACT:

The proposed budget revisions will ensure FTA funding is properly allocated within the Fiscal Year 2024-25 adopted operating budget. The budget revisions transfer cost savings from projects completed to ongoing projects programmed under Grant Nos. CA2019-033 and CA-2021-075. These transfers will cover expenses in other ongoing projects and ensure continued operational efficiency in accordance with the FTA regulations and guidelines.

The recommended budget revisions impact reporting and recording of expenses and revenue with the FTA. Approval of these budget revisions will allow staff to allocate funding for new projects, utilizing savings from closed-out grant funded projects. The recommended action will also allow staff to shift allocations within the City's adopted Fiscal Year 2024-25 budget.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

BACKGROUND/DISCUSSION:

Grant No. CA-2019-033:

In December 2018, the City of Montebello entered into Agreement No. 3535 with Motorola Solutions Inc., to lease and/or purchase radio equipment. Montebello Bus Lines (MBL) utilized FTA Grant No. CA-2019-033 to fund its portion of this agreement. The Radio Equipment Project was completed in 2021 with a cost savings of $251,020. Staff recommends that the cost savings be transferred to another ongoing project – the Onboard Bus Camera Surveillance Project, programmed under Grant No. CA-2019-033.

This transfer will ensure that warranty and maintenance costs are covered for this existing project.

Grant No. CA-2021-075:

In May 2023, the Associated Capital Maintenance (ACM) Project programmed under Grant No. CA-2021-075 was completed/closed. At the time, the ACM Project had a cost savings of $307,932. Staff recommends that the cost savings be transferred to the existing Bus Tire Lease Project programmed under the same grant. The additional funds will cover costs associated with the Goodyear Tire Lease, Agreement No. 3739, from February 2024 through January 2025.

In June 2023, the Preventive Maintenance (PM) Project programmed under Grant No.

CA-2021-075 was completed/closed with a cost savings of $2,537,881. To ensure compliance with FTA regulations PM Projects must be programmed each fiscal year, for a maximum of two fiscal years. Staff recommends that these funds be transferred to a new PM Project for the time period from July 1, 2024, through June 30, 2025. The new PM Project will be added in accordance with FTA Circular 9030.1E, Appendix E-4 (see Attachment A).

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council adopt Resolution No. 24-56 (Attachment B) to authorize submitting a budget revision to the FTA for Grant Nos. CA-2019-033 and CA2021-075, to transfer cost savings from projects completed to ongoing projects programmed under Grant Nos. CA-2019-033 and CA-2021-075; and take such additional, related, action that may be desirable.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

ATTACHMENT(S)

1. Attachment A – FTA Circular 9030.1E, Appendix E

2. Attachment B – Resolution No. 24-56 for FTA Budget Revisions

FTA C 9030.1E
Date: 1/16/2014 E–1
E. APPENDIX E

PREVENTIVE MAINTENANCE
Preventive maintenance, according to Federal Transit Administration (FTA) policy, is currently defined as all maintenance. Specifically, it is defined as all the activities, supplies, materials, labor, services, and associated costs required to preserve or extend the functionality and serviceability of the asset in a cost effective manner, up to and including the current state of the art for maintaining such asset. If a recipient purchases service instead of providing the operating service itself and the contract includes maintenance for that purchased service, then the recipient may apply for preventive maintenance capital assistance under the capital cost of contracting policy.

Preventive maintenance is an operating expense that is eligible as a capital project at an 80/20 federal/local match; capital maintenance expenses are eligible under most FTA funding programs.

FTA cautions recipients not to confuse the fact that maintenance items often considered operating expenses may be eligible for FTA capital assistance. Generally accepted accounting principles and the recipient’s accounting system determine those costs that the recipient is to account for as operating costs. The National Transit Database (NTD), http://www.ntdprogram.gov/, follows generally accepted accounting principles, so a recipient reporting to the NTD must report the operating costs the recipient has incurred as operating costs regardless of the costs’ eligibility for FTA capital assistance. Recipients may not count the same costs twice.

The Uniform System of Accounts (USOA) is the basic reference document for the NTD. It contains the accounting structure required by FTA laws. The NTD consolidates seven detailed functions from the USOA as basic function 041—Vehicle Maintenance and consolidates thirteen detailed functions from the USOA as basic function 042—Nonvehicle Maintenance. All of the activities included in basic functions 041 and 042 are maintenance, and thus eligible capital assistance projects. Vehicle maintenance is all of the activities associated with ensuring revenue vehicles and service vehicles are operable, cleaned, fueled (not including fuel cost), inspected, and repaired.

There are seven detailed functions in the Maintenance Administration—Vehicles function (041).

1. Maintenance Administration—Vehicles (041)
a. Includes preparing maintenance records, analyzing data for vehicle performance and training vehicle maintenance personnel.

2. Servicing revenue vehicles (051)
a. Includes providing supervision and clerical support for servicing revenue vehicles, refueling, interior cleaning, and exterior washing of revenue vehicles.

ATTACHMENT A

E–2 FTA C 9030.1E
DATE 1/16/2014

3. Inspection and maintenance of revenue vehicles (061) a. Includes performing scheduled preventive maintenance on vehicle components, vehicle overhaul, performing minor repairs, traveling to vehicle breakdowns to repair or tow revenue vehicles, rebuilding and overhauling repairable components, performing major repairs on revenue vehicles (e.g., body work, reupholstering, unit rebuilds), and replacing major repairable units of revenue vehicles (e.g., engines, transmissions, and air conditioners). Does not include vehicle rebuild.

4. Accident repairs of revenue vehicles (062)
a. Includes repairing damage as a result of collisions, floods, and accidental fires.

5. Vandalism repairs of revenue vehicles (071)
a. Includes repairing all special damage as a resulting from willful or malicious destruction or defacement.

6. Servicing and fueling of service vehicles (081)
a. Includes fueling, interior cleaning, and exterior washing of service vehicles, refueling, and adding oil and water to service vehicles.

7. Inspection and maintenance of service vehicles (091) a. Includes inspecting service vehicle components on a scheduled preventive maintenance basis, vehicle overhaul, minor repairs, going to vehicle breakdowns for tow or repair, rebuilding and overhauling repairable components, performing major repairs on service vehicles (e.g., body work, reupholstering, unit rebuilds), and replacing major repairable units of service (e.g., engines, transmissions, and air conditioners). Does not include vehicle rebuild.

There are thirteen detailed functions in the basic Nonvehicle Maintenance function (042).

1. Maintenance administration—nonvehicles (042)
a. Including preparing transit way and structures maintenance records and providing supervision/clerical support for the administration of transit way and structures maintenance and other buildings, grounds, and equipment maintenance.

2. Maintenance of vehicle movement control systems (101) a. Including inspecting, cleaning, repairing, and replacing all components of vehicle movement control systems.

3. Maintenance of fare collection and counting equipment (111) a. Including inspecting, repairing, and replacing all components of fare collection and counting equipment, such as on vehicle fareboxes, ticket vending machines, fare gates, vaults and money counters, changers, and sorters.

4. Maintenance of roadway and track (121)

FTA C 9030.1E
Date: 1/16/2014 E–3
a. Including inspecting, cleaning, repairing, clearing, and replacing all components of roadway and track.

5. Maintenance of structures, tunnels, bridges, and subways (122) a. Including inspecting, cleaning, repairing, and replacing all components of structures, tunnels, bridges, and subways.

6. Maintenance of passenger stations (123)
a. Including inspecting, repairing, and replacing components of passenger station building and equipment providing custodial services for passenger station building and grounds.

7. Maintenance of operating station buildings, grounds, and equipment (124) a. Including inspecting, repairing, and replacing components of operating station buildings and equipment providing custodial services for operating station buildings and grounds.

8. Maintenance of garage and shop buildings, grounds, and equipment (125) a. Including inspecting, repairing, and replacing components of garage and shop buildings and equipment providing custodial services for garage and shop buildings and grounds.

9. Maintenance of communication systems (126)
a. Including inspecting, cleaning, repairing, and replacing all components of

communication system other than vehicle movement control systems.

10. Maintenance of general administration, buildings, grounds, and equipment (127) a. Including inspecting, repairing, and replacing components of buildings and equipment used for general administration.

11. Accident repairs of buildings, grounds, and equipment (128) a. Including repairing all damage to buildings, grounds, and equipment resulting from collisions with stationary or moving objects, floods, accidentally ignited fires, etc.

12. Vandalism repairs of buildings, grounds, and equipment (131) a. Includes repairing all damage as a result of willful or malicious destruction or defacement of buildings, grounds, and equipment.

13. Operation and maintenance of electric power facilities (141) a. Includes supervising, monitoring, and operating electric power generation and distribution facilities for third rail, overhead lines, cable systems, etc.