Montebello City Council
July 24, 2024

E–4 FTA C 9030.1E
DATE 1/16/2014
For NTD reporting purposes, inspection and maintenance of revenue or service vehicles, work on repairable units such as engine rebuilds, and overhauls are an operating expense only if they meet the criteria established by FTA in determining when an item is an operating or a capital expenditure. If the total labor and materials necessary for the rebuild or overhaul are less than a unit value of $5,000 or a lesser capitalization level used by the agency, such as $3,000, then this is an operating expense reported on the operating expenses form of the NTD (F–30). If more than $5,000, then the rebuild or overhaul expenses are a capital expenditure on the uses of capital form of the NTD (F–20).

According to FTA Circular 5010.1, “Grant Management Requirements,” overhaul is maintenance that does not add to the useful life of the vehicle. This eligibility for capital assistance also applies to leasing and to contracted service. Rolling stock to be overhauled must have an accumulated at least 40 percent of its service life, as per FTA Circular 5010.1.

FTA Circular 5010.1 states that in order for a bus to be rebuilt it should be at the end of its minimum useful life and in need of major structural and/or mechanical rebuilding. Rebuilding is a recondition at the end of useful life that creates additional useful life. The age of the bus to be rebuilt is its years of service at the time the rebuilding begins. In order for a rail car to be rebuilt it must have reached the end of its minimum useful life for an end of life rebuild. The minimum extension of useful life is ten years for rail cars, as per FTA Circular 5010.1. The eligibility of this major capital rebuild work is in addition to the eligibility of vehicle overhauls.

Under 49 CFR 37.75 and 37.83, any public entity that remanufactures a bus or rail vehicle for use in fixed route service, so as to extend its useful life for five years or more, must be made readily accessible to and useable by persons with disabilities, including wheelchair users.

Rebuilding a vehicle is also an eligible capital cost under the category of preventive maintenance.

A grant application for preventive maintenance must include a time period over which the recipient incurred the maintenance costs or expects to incur them. Maintenance costs can only be claimed for the current year or the immediately preceding year. FTA reserves the right to review a recipient’s cost for maintenance as reported currently in the NTD when FTA receives an application for assistance with preventive maintenance.

ATTACHMENT _B_
RESOLUTION NO. 24-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AUTHORIZING THE CITY’S

SUBMISSION A BUDGET REVISION TO THE FEDERAL TRANSIT
ADMINISTRATION FOR GRANT NOS. CA-2019-033 AND CA-2021-075

RECITALS
WHEREAS, the Federal Transit Administration (FTA) has the authority to award federal assistance for a transportation project; and
WHEREAS, the City of Montebello (the “City”) as an “applicant,” is interested in a budget revision for FTA Grant No. CA-2019-033 and Grant No. CA-2021-075 WHEREAS, a budget revision will ensure the proper allocation of funds within the existing budget framework; and
WHEREAS, the budget revisions will ensure continued operational efficiency and compliance with FTA regulations and guidelines.

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

APPROVES THE SUBMISSION OF A BUDGET REVISION TO THE FTA FOR GRANT NOS. CA-2019-033 AND GRANT NO. CA-2021-075; AND
SECTION 1. APPROVALS AND CERTIFICATIONS.

1. Certifies that said budget revisions have or will have available, prior to commencement of any work on the projects included in this budget revision, sufficient funds to complete the projects; and

2. Certifies that if the budget revision is approved, the MBL has or will have sufficient funds to operate and maintain the projects; and

3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines; and
SECTION 2. That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.
_______________________________

RESOLUTION NO. 24-56

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. 24-56 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 # 33

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 TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL RFP NO. 24-24
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve issuing a Transportation Facility Restroom Renovation Services Request for Proposals (RFP) No. 24-24; and

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

FISCAL IMPACT:

There is no fiscal impact related to issuing Request for Proposals (RFP) No. 24-24 for restroom renovations (Attachment A). Once a vendor is selected for an 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 necessary to complet the renovation project.

BACKGROUND/DISCUSSION:

On May 25, 2023, the City of Montebello issued RFP No. 23-14 to solicit services for renovating four restrooms within the Transportation Facility – Operations Division. On September 27, 2023, the City Council awarded Agreement No. 4127 to KYA Services LLC, to provide restroom renovation services including, but not limited to, the removal and replacement of various restroom fixtures and associated components. During the project, staff identified the need to extend the same type of renovations to the Transportation Facility – Administration and Maintenance Divisions. These restrooms are

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

part of the original building construction from over 25 years ago, have never been renovated, and require replacement and maintenance services.

This renovation aligns with the City's commitment to invest in a safe and healthy work environment essential for the quality of life and well-being of its staff. Similar to the Operations Division restroom renovation RFP, the selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department. Staff recommends that the City Council approve issuing RFP No. 24-24 to solicit proposals from qualified contractors to assist Montebello Bus Lines with the Administration and Maintenance Division restroom renovation services. A selection process will evaluate proposals based on various qualitative factors including, but not limited to, a management plan, quality of proposed personnel, qualifications and experience, technical approach, and price.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve issuing RFP No. 24-24 for restroom renovations; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

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

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

TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
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

TABLE OF CONTENT

RFP No. 24-24
2 Montebello Bus Lines
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 – STATE AND LOCAL REQUIREMENTS 17-18
SECTION 4 – OTHER REQUIREMENTS 19-20
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 5 - SCOPE OF WORK 21-23
SECTION 5 - QUALIFICATIONS 24
SECTION 6 - FORM OF CONTRACT (SAMPLE) 25-36

RFP No. 24-24
3 Montebello Bus Lines
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 37

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

RFP No. 24-24
4 Montebello Bus Lines

INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from highly qualified contractors to provide restroom renovation services to the Administration and Maintenance Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department.

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 contractor to renovate the restrooms in the Administration and Maintenance Division at the Transportation Facility. These restrooms, part of the original building constructed over 25 years ago, have never been renovated and now require updated equipment and maintenance services. The city seeks to form a partnership with a contractor 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.

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

TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced contractors, licensed in the State of California, to renovate the restrooms in the Transportation Maintenance Division. The project's scope of work is to remove and replace existing fixtures, preexisting water damage, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department. The selected contactor will be responsible for providing design, permits, labor, construction supervision, safety regulations, commercial grade material fixtures, tools, alternative restrooms (trailer/portable) and equipment necessary to complete the renovation.

The term of the proposed agreement shall be a one 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 contractor.

A Pre-Proposal Meeting will be held on Wednesday, August 14, 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.

RFP No. 24-24
6 Montebello Bus Lines
Proposals must be received by 3:00pm 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.

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 14th, 2024, at 3:00PM PST

RFP No. 24-24
7 Montebello Bus Lines
Deadline to Submit Questions Tuesday August 20th, 2024, at 3:00 PM PST Responses to Questions Provided Thursday August 27th, 2024 Deadline to Submit Proposals Thursday September 5th, 2024, at 3:00 PM PST Presentations & Intent to Award September/October

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:

RFP No. 24-24
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, September 5th, 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

RFP No. 24-24
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 20th, 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

RFP No. 24-24
10 Montebello Bus Lines

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:

RFP No. 24-24
11 Montebello Bus Lines
· 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 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 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.

RFP No. 24-24
12 Montebello Bus Lines

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 subcontractors 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, the proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.

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

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

2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received 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.

RFP No. 24-24
13 Montebello Bus Lines

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 contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.

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

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

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

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

Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Contractor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to 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 Contractor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

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

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

PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services

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of the type prescribed. Any items omitted from such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City 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 Restroom Renovation Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing Restroom Renovation Services projects of the same or similar magnitude. Presentation of a catalog of Restroom demolition and construction experience and expertise most advantageous to the City. 15 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.

Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting. 30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points

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SECTION 3 – STATE AND LOCAL REQUIREMENTS

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

PREVAILING WAGES
The contractor is aware of the requirements of California Labor Code (“Labor Code”) section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Professional Services are being performed as part of an applicable “public works,” as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Owner shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of the contemplated agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Professional Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. The Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The Contractor and each subcontractor shall forfeit as a penalty to Owner not more than Two Hundred Dollars and Zero Cents ($200.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

PAYROLL RECORDS
In accordance with the requirements of Labor Code section 1776, the Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. In the event of noncompliance with the requirements of this Section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day (10) period, Contractor shall, as a penalty to Owner, forfeit not more than One Hundred Dollars and Zero Cents ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards

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Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor.

HOURS OF WORK
Pursuant to the provisions of the Labor Code, eight (8) hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight (8) hours during any one calendar day, and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one (1) and one-half (1-1/2) the basic rate for all hours worked in excess of eight (8) hours per day (“Eight-Hour Law”), unless Contractor or the Services are not subject to the Eight-Hour Law. Pursuant to section 1813 of the Labor Code, Contractor shall forfeit a penalty of Twenty-Five Dollars and Zero Cents ($25.00) per worker for each day that each worker is permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Contractor acknowledges, understands and warrants that it is, or will registered with the Department of Industrial Relations (“DIR”) in accordance with Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

CLASSIFICATION OF CONTRACTOR'S LICENSE
The Contractor acknowledges and understands that it shall possess a license to perform the public work contemplated herein. Public Contract Code section 3300. The Contractor further acknowledges and understands that it shall possess the proper license at the time the contract is awarded, not at the time the bid is submitted or opened. Public Contract Code section 6100. The Contractor and/or sub-contractor shall possess the following types of contractor’s license (s) to perform the work pursuant to this Agreement:
• A – “General Engineering” or B – “General Building Contractor” • C-10 – “Electrical Contractor”

INELIGIBLE CONTRACTOR OR SUBCONTRACTOR
The Contractor acknowledges and understands that performance of work on a public works project with a subcontractor who is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited. Public Contract Code section 6109(a).

CONTRACT WITH DEBARRED SUBCONTRACTOR IS VOID
The Contractor acknowledges and understands that any agreement on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on a project. Public Contract Code section 6109(b).

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APPRENTICES
If Labor Code section 1777.5 applies to the contemplated Services, the Contractor and any subcontractor hereunder who employs workers in any apprentice able craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving the Contractor or any subcontractor for the employment and training of apprentices.

SECTION 4 - OTHER REQUIREMENTS

LICENSING AND PERMITS
The Contractor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.

LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.

Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each, and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $150 per violation.

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

In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

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The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.

Performance Guarantee
A Performance Guarantee in the amount of 25% of the Agreement value is required by the city to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

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

If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

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 Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

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SECTION 5 – SCOPE OF WORK
Background
The City of Montebello and Montebello Bus Lines (MBL) are seeking proposals from highly qualified contractors to renovate the restrooms in the Maintenance and Administration Division at the Transportation Facility. These restrooms, part of the original building constructed over 25 years ago, have never been renovated and now require updated equipment and maintenance services.

Recently, the city completed Phase 1 of the renovation project, which included renovating four restrooms in the Operations Division at the Transportation Facility. The city is now prepared to begin the second phase.

Project Overview
The objective of this project is to renovate the restrooms in the Transportation Administration and Maintenance Division The selected contractor will remove and replace existing fixtures, preexisting water damage, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department. The contractor will be responsible for providing design, permits, labor, construction supervision, safety regulations, commercial grade material fixtures, tools, alternative restrooms (trailer/portable) and equipment necessary to complete the renovation.

The contractor will provide the following deliverables, subject to prior MBL approval, according to a schedule approved by the project manager. Typically, this will consist of business hours from 7:30 AM to 5:30 PM (Pacific Standard Time), Monday through Friday. The deliverables are as follows:
• Evaluation: The contractor will be responsible for assessing the current conditions of the bathroom layout, structure, stalls, equipment, piping and plumbing, lighting, fixtures, etc. This evaluation shall include and identify, but not be limited to: room dimensions, door and/or window openings, room finishes, all bath and toilet fixtures, waste, drains, vent and water supply piping, floor drains, heating and/or cooling outlets, emergency and area light fixtures and electrical devices
• Design: The contractor will provide MBL management staff with design plans and recommendations to increase efficiency while improving the ambiance of each room. The contractor will provide a project schedule, including a trailer/portable restroom schedule, that will ensure that MBL staff are never without access to a usable washroom. • Demolition/Disposal: The contractor will be responsible for the demolition of all existing tiles and other materials to rebuild the bathrooms. This includes removal/disposal of all fixtures, such as toilets, urinals, countertops, partitions, light fixtures, vents, and plumbing fixtures. • Repairs: The contractor will make necessary repairs to the structure upon discovering any damage, with approval from MBL staff.

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• Waterproofing: The contractor will waterproof the showered areas and ensure the waterproofing is in compliance with the building code requirements for the state of California, using suitable techniques according to industry standards.
• Shower and wall tiling: The contractor will tile the showers to the full height of the wall and shower.
• Stall partitions: The contractor will remove and replace all stall partitions for toilets and urinals, ensuring that everything is installed symmetrically.
• Lockers: The contractor will assess the condition of existing lockers, determine the need for new lockers or painting, procure the necessary materials, and carry out the installation or painting to ensure a refreshed and functional locker area.
• Countertops and plumbing: The contractor will add new washbasins and plumbing for all bathrooms.
• Fire system: The contractor will protect in place all fire system devices. • Drywall, prep surfaces, and paint: The contractor will be tasked with the installation of drywalls, preparation of surfaces, painting locker and painting all non-tiled surfaces within the restroom that require paint.
• Light fixtures and vents: The contractor will remove and replace all light fixtures and vents in the bathroom.
• ADA Compliance: The contractor is responsible for ensuring that restrooms are handicapped accessible and demonstrate complete ADA compliance.

Flooring: The contractor will apply either a Polished concrete or Epoxy finish on project per managers approval. Technical Specifications
The Contractor deliverables should include the following (consumer grade material or equivalent):
• TILE – (x2 Restrooms)
o Dalitile Emser Tile Color TBD 2" x 2" Floor
o Dalitile Emser Tile Color TBD 2" x 2" Shower Floor
o Dalitile Emser Tile Color TBD 12" x 24" Walls
o Schluter Dilex AE Cove Pieces
o Schluter Dilex Scheine Corners Inside and Outside
o Schluter Schiene AE Tile Trim
o Float Floor 1"-2" TCNA F112

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o RG RedGard Waterproofing and Crack Isolation Membrane Roll On • PLUMBING
o Reconfigure Plumbing
o Install New Shower Fixtures (Individual shower valve shut offs) o New Urinals
o New Toilets
o New Lavatory’s
o New Trap Primers
o Excavation and Sand Backfill
o Provide access Panes for plumbing
• PAINTING
o Painting of ceiling, door jams, and any other non-tiled services requiring painting within the Restrooms and lockers including primers and other relevant prep work. • TOILET SCREENS
o Toilet Compartments and Screens Restrooms
o Restroom accessories per plans & specs
• MIRRORS
o The contractor will procure and install full-body mirrors, ensuring secure and accurate placement according to specified locations.Soap Dispensers o The contractor will procure and install soap dispensers, ensuring they are securely mounted and properly functioning in designated areas.
• ELECTRICAL
o Restrooms Demo all the lights and install the new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and exchange fan 10.5W
o Install new light switches.
o All Lights Surface mounts will be removed, and new lights will be installed with light sensors.

Clean Up
The Contractor shall keep the premises and surrounding area free from the accumulation of waste materials or rubbish caused by operations under the agreement. At the completion of the SOW, the Contractor shall remove and clean up all byproducts, debris, and rubbish caused by the operations under the agreement. If the Contractor fails to clean up, the City may do so, and the cost thereof shall be charged to the Contractor.

Testing and Acceptance
Following the renovation, the Contractor shall perform an acceptance test. A test outline shall be provided to MBL for approval prior to performing the test. The test program shall show that the equipment meets all of the conditions described by the specification and that the equipment will perform as intended.

Warranty

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a) Upon completion of the renovation, the awarded Contractor shall provide twelve (12) months of warranty repairs against manufacturing defects in materials, function, and workmanship. b) Warranty repairs shall include materials, freight of any kind, travel expenses, mileage, labor, and any other related expenses necessary to correct defects. c) In the event of an equipment malfunction or/and any defects during the warranty period, the Contractor will be required to repair any such issue within five (5) days of notification.

SECTION 6 – QUALIFICATIONS

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

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

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

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

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

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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.

SECTION 7 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2024, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY desires to retain a qualified professional CONTRACTOR to provide restroom renovation services to the Administration and Maintenance Division at the Transportation Facility (“Project”); and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals dated July 25, 2024 (RFP No. [24-24]), 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. 24-24, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. 24-24 dated ……………., 2024, attached hereto as Exhibit “B”.

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d. CONTRACTOR’S “Best and Final Offer” to RFP No. 24-24 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. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

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

B. CONTRACTOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR 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 one year with the option to extend for an additional four (4), one year periods.

The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 4. PERFORMANCE.

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A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

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

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

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

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

E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.

SECTION 5. WORK PRODUCT.

A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the CONTRACTOR be liable for any loss of use, profit or any other

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damage.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 7. CITY SUPERVISION.

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

No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

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 CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date

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of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.

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

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

SECTION 11. INDEPENDENT CONTRACTOR.

A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.

Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-contractors for injury or sickness arising out of performing services hereunder.

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub-contractors with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONTRACTOR or any employee, agent, or sub-contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any

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claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 15. INSURANCE COVERAGE.

During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement.

Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, 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 CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-contractors, if any, to do likewise under their workers’ compensation insurance policies.

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By executing this Agreement, CONTRACTOR further certifies as follows:

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

Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

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

CONTRACTOR 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.

CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

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

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All 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. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation

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imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR and CONTRACTOR’s employees, agents or sub-contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.

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

Coverage applies separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of CONTRACTOR to comply with this section.

SECTION 16. CALIFORNIA LABOR CODE
A. Licenses, Permits, Fees, and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law of the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against CITY hereunder. CONTRACTOR shall be responsible for all subcontractors’ compliance with this SubSection 18(A).

B. Prevailing Wage Laws.
i. In accordance with California Labor Code (“Labor Code”) section 1770 et seq., the director of the Department of Industrial Relations (DIR) of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in CITY’s Department of Public Works (“Public Works”) and is hereby incorporated in this Agreement. CONTRACTOR is required to post a copy of such wage rates at all times at the contract site.

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ii. In accordance with the provisions of Labor Code section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty-Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
iii. CONTRACTOR also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply with all statutory requirements relating to the employment of apprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6. iv. CONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.
v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.

C. Contractor Registration with DIR. Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, be awarded a public works contract or engage in the performance of any contract for public work (as defined by Division 2, Part 7, Chapter 1 of the Labor Code (section 1720, et seq.)), unless currently registered and qualified to perform public work pursuant to Section 1725.5. In compliance with Labor Code Section 1771.4, Contractor is required to post job site notices required by law.

D. Type of Contractor License(s). CONTRACTOR shall possess the following types of contractor’s license(s) to perform the work pursuant to this Agreement:
• [INSERT CLASS – INSERT LICENSE TITLE]
• [INSERT CLASS – INSERT LICENSE TITLE]
E. Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1771.1, 1777.1, or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

F. Workers’ Compensation. CONTRACTOR must secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement as provided in Labor Code sections 1860 and 3700. CONTRACTOR must sign and file a statutorily prescribed statement acknowledging its obligation so secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement before beginning work pursuant to Labor Code Section.

SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed subcontractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall

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result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 18. 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 19. 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 20. 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 21. 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 22. 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.

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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 23. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640

CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.

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CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 25. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates and sub-contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

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

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate contractor(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 CONTRACTOR.

CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 26. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes for the delay. CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of CITY such delay is justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.

SECTION 27. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

CITY OF MONTEBELLO CONTRACTOR

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_______________________ _____________________
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 8 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

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

TRANSPORATION FACILITY RESTROOM RENOVATION SERVICES
In response to the subject Request for Proposal (“RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level 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.

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

The proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

RFP No. 24-24
39 Montebello Bus Lines
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:

Contractor’s License No.

Expiration Date:

License Classification:

RFP No. 24-24

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.24-24, TRANSPORTATION FACILITY RESTROOM

RENOVATION SERVICES
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (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. 24-24 TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________Name: ________________________ (Print) (Print)
By: _________________________________________________By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________Title: _______________________________________ Date: ________________________________________________Date: ________________________________________

RFP No. 24-24
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. 24-24
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 Contractor 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 Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 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 Contractor 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. 24-24
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance 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. 24-24

EXHIBIT D
RFP No. 24-24

TRANSPORTATION RESTROOM RENOVATON SERVICES

COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.

Quantity Description of Work Cost of Needs
Lump sum Evaluation and Design $
Lump sum Demolition and removal of existing equipment $ Lump sum Waterproofing and other Infrastructure setups $ Lump sum Plumbing $
Lump sum New Restroom equipment and installation $
Lump sum Electrical installation cost $
Lump sum Painting $
TOTAL
$
List other costs/fees: : Description Cost/Fees

RFP No. 24-24
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. 24-24
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. 24-24
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. 24-24
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. 24-24
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. 24-24

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 24-24
Montebello Bus Lines

EXHIBIT I

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

WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

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

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

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a 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 Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.

RFP No. 24-24
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. 24-24
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. 24-24
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 # 34

CITY OF MONTEBELLO

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

BY: Fernando Pelaez, Fire Chief
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4213 TO

WEIDNER FOR THE INSTALLATION OF SOURCE CAPTURE

EXHAUST SYSTEM FOR THE CITY'S THREE FIRE STATIONS
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4213 with Weidner for the Installation of a Source Capture Exhaust System for the City's Three Fire Stations; and

2. Authorize the Acting City Manager to execute the Agreement on behalf of the City:
and

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

FISCAL IMPACT:

Through a competitive Request for Proposals (RFP) process (RFP No. 24-9, Attachment B), Weidner was selected for the installation of a Source Capture Exhaust System for the City's three fire stations. The Montebello Fire Department abides by the FEMA procurement requirements for federal funds. During the open period, Weidner was the only specialized vendor with a bid proposal. The “Background” section provides details on the RFP process and scoring.

The FEMA Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Program was awarded to the Montebello Fire Department in the amount of $183,848. The grant funds are intended for the installation of diesel exhaust capturing equipment at all three fire stations. City Council approved receipt of the grant on September 28, 2022, with the condition of contributing a minimum 10% local match; the City will contribute $27,577.20

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

for a total of $$211,142. 52. The grant required a substantial environmental review and approval by FEMA prior to any use of funds. The project will be funded from grant funding expenditure account number 265-85-857-6010.10 (Grants, Fire, Assistance to Firefighters Grant, Machinery and Equipment). Funding has already been appropriated in the Fiscal Year 2024-25 budget, therefore no budget amendment is needed as part of the agreement approval. The project is to be completed within less than two-months.

BACKGROUND/DISCUSSION:

In 2022, the City of Montebello Fire Department submitted a Grant Proposal for the Assistance to Firefighters Grant (AFG) Program, and was awarded for a total of $183,848 from the Federal Emergency Management Agency (FEMA) for Fiscal Year 2022-2023.

The objectives of the AFG program are to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. This grant provides three activities: 1) Operations and Safety, 2) Vehicle Acquisition, and 3) Regional Projects. While the grant was awarded for FY 2022-23, it was carried-over into Fiscal Year 2024-2025 for final step of the project.

The awarded funds will provide for the installation of diesel exhaust capturing equipment at all three fire stations. The project will include the removal and replacement of 21-yearold, outdated diesel exhaust capturing equipment from three city fire stations. The existing equipment, installed in 2001 is now at the end of service life leading to delayed repairs and extended periods. When the equipment is out of operation, diesel exhaust flow freely into the apparatus bay and station, exposing our firefighters unnecessarily to these harmful, carcinogenic chemicals. According to the International Association of firefighters (IAFF), cancer caused 66% of deaths in career firefighter line of duty deaths from 2002 to 2019.

Having the most up-to-date system from recognized vendors will protect our firefighters with an exhaust removal or air purification system. The health and wellness of fire personnel is of the utmost importance to the Department; leveraging these grant funds will improve ventilation and reduce exposure of known contaminants at the City’s fire stations. The additional funding will provide the much-needed operational infrastructure that will support the Fire Department’s overall strategic goals in the delivery of fire services to the community while ensuring the well-being and safety of our fire personnel.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(a)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not “a "project” as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

ANALYSIS:

After receiving the response, the Fire Department established an evaluation committee to review it. The committee consisted of the Fire Chief, Deputy Director, and Assistant Fire Chief. The RFP outlined a detailed scope of work/services, and experience in the installation of a multi-fire station source capture exhaust system. The scoring took into consideration the bidder’s experience, pricing, and reference checks.

A total of one (1) proposal was received, and was scored by the review committee using three (3) different criteria:

Evaluation Criteria Max Points
Qualifications 40
Reputation/Reference Checks 30
Proposed Fees 30
Total Points 100 points
After reviewing the proposal and contacting references, Weidner was selected. This vendor demonstrated the most experience with local municipal Fire Departments in the County of Los Angeles and has experience with multi fire station source capture exhaust system. The proposal clearly stated their experience in the field of public safety emergency services, continued good standing with the Montebello Fire Department, favorable feedback from references and offered the most competitive pricing. Weidner will offer a range of solutions, from design, to installation, to preventive maintenance and repairs, plus the warranty of the product.

SUMMARY:

Staff recommends that the City Council approve and award the attached Professional Agreement No.4213 to Weidner, and direct staff to take related action that may be desirable, to ensure compliance with the FEMA goals and expectations, and follow the set-forth guidelines mandated by the funding. Upon completion of the project, staff will submit a final report informing of the installation of the capture exhaust system.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4213 Weidner

2. Attachment B- Agenda Staff Report - RFP No. 24-9 Source Capture Exhaust System

3. Attachment C - EHP Review Completion Letter 2021-AFG

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4213

WITH WEIDNER
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 24, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and WEIDNER (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified contractor to provide installation and maintenance of diesel exhaust capturing systems in all three (3) fire stations; and WHEREAS, the City issued Request for Proposals (RFP) No. 24 – 15 on April 4, 2024; and
WHEREAS, the CONTRACTOR submitted a response to the RFP; and WHEREAS, the City evaluated the response and determined that the Contractor will meet the requirements in a satisfactory manner.

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:
i. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
ii. RFP 24 - 15
iii. CONTRACTOR’s Proposal referenced
iv. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the services in RFP 24 – 15 and CONTRACTOR’s responses, as such is set forth fully in Exhibit “B” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

B. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2) additional, one (1) year periods, with mutual agreement from both parties.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR. e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law.

Said documents shall be made available for inspection by the CITY upon request. f. In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY.

Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required

PROFESSIONAL SERVICES AGREEMENT NO. 4213

hereunder.

SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’S City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’S compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval by the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

Termination. The CITY shall have the option, at its sole discretion to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONTRACTOR.

Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONTRACTOR or SUB CONTRACTOR during the term of this Agreement.

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

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

SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the

PROFESSIONAL SERVICES AGREEMENT NO. 4213

CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code and the California Labor Code requirements under Exhibit C. In addition, CONTRACTOR shall maintain an appropriate Contractor’s License issued by the California State Contracting Board. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Written on an occurrence form reasonable acceptable to the City and in common use in the insurance industry for the identified coverage covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

Automobile Liability Insurance: Written on an occurrence form reasonable acceptable to the City and in common use in the insurance industry for the identified coverage (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability insurance appropriate to the CONTRACTORS’S profession, with limit no less than $1,000,000 per occurrence and $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, which are acceptable to the City, and with a current rating of at least A-:VII in the latest edition of Best's Insurance Guide. e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy.

Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Management
1600 West Beverly Boulevard
Montebello, CA 90640
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONTRACTOR shall provide proof that policies of insurance required herein

PROFESSIONAL SERVICES AGREEMENT NO. 4213

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.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The Commercial General Liability insurance policy provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY as it pertain to the Commercial General Liability, Automobile, and Workers’ Compensation policies.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses. n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR 'S liability or as full performance of the CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.

SECTION 17. NO WAIVER.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4213

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. BONDS.

CONTRACTOR, before commencing said Professional Services, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “E.”
SECTION 22. CLAIMS.
a. CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:

PROFESSIONAL SERVICES AGREEMENT NO. 4213

1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. The CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.

4. After meet and confer, an disputed claim remaining shall be submitted to nonbinding mediation.

5. All undisputed claims shall be paid within 60 days.
b. CONTRACTOR offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the CONTRACTOR, without further acknowledgment by the parties pursuant to Public Contract Code 7103.5..

SECTION 23. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel.

Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

g. The City is utilizing funding from the Department of Homeland Security’s Assistance to Firefighters Grant for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passedthrough" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable. CONTRACTOR shall be required to comply with all such regulations required by the Assistance to Firefighters Grant, including but not limited to those requirements listed under Exhibit F.

SECTION 24. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Contractor: WEIDNER
John Rech, Exhaust Systems Manager
135 West 7065 South
Midvale, UT 84047
(801)727-9218
Email:[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during

PROFESSIONAL SERVICES AGREEMENT NO. 4213

employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 26. CONFLICT OF INTEREST.

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

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

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

SECTION 27. ENTIRE AGREEMENT.

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

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

SECTION 28. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONTRACTOR agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONTRACTOR. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONTRACTOR. CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONTRACTOR with the governmental agency.

This provision in no way guaranteed that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4213

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO WEIDNER
Raul Alvarez, City Manager John Rech, Exhaust Systems Manager ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City
Attorney
EXHIBITS:
• Exhibit A – Response to RFP 24-15
• Exhibit B – Schedule of Compensation
• Exhibit C – Terms of Compliance with California Labor Law Requirements • Exhibit D – Live Scan Fingerprinting Requirement
• Exhibit E – Payment Bond
• Exhibit F – Federal Grant Requirements
JOHN RECH (Jul 11, 2024 10:58 MDT) Page 1074 of 1202
Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”
Date of Proposal: May 6, 2024
For:

City of Montebello
Request for Proposals
RFP No. 24-15
By:

Weidner
135 West 7065 South
Midvale, UT 84047
Contact info:

John Rech
Cell # 385-226-0972
Email [email protected]

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”
Table of Contents

1. Weidner’s Letter of Interest in Montebello’s Project

2. MagneGrip Key Features

3. Project Understanding and Approach

4. Weidner’s Relevant Experience

5. Weidner Project Management and Key Staff

6. MagneGrip Buy American Certificate

7. MagneGrip Women Owned Business Certificates

8. Proposed Scope of Work

9. Weidner’s California Contractors License

10. Conflict of Interests

11. Cost Proposal for Station #55

12. Cost Proposal for Station #55 Butler

13. Cost Proposal for Station #56

14. Cost Proposal for Station #57

15. Weidner/MagneGrip Three Year Warranty

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”

16. SAMS Good Standing

1. Letter of Interest from Weidner
May 1, 2024
City of Montebello – Fire Department
1600 West Beverly Blvd
Montebello, CA 90640
Thank you for the opportunity to bid on the Multi Fire Station Source Capture Exhaust system.

Weidner is excited to be considered for the exhaust removal system project. Weidner is proud to offer MagneGrip PRO source capture vehicle exhaust removal systems to City of Montebello Fire Department.

Weidner is based in Midvale, Utah and has been a MagneGrip dealer for the western United States for over 18 years. We have been selling, installing, and servicing exhaust removal systems all over the West.

MagneGrip is headquartered in Cincinnati, Ohio and is the only exhaust removal system manufactured entirely in the USA. MagneGrip is a certified Woman Owned Small Business (WOSB) and is a Women’s Business Enterprise (WBE).

Weidner is proud to include the MagneGrip Pro Straight Suction Rail (SSR) for all four of the Montebello Fire stations. SSR is a 6” extruded aluminum tube with rubber sealing lips. The MagneGrip crab glides on the outside of the rail, this allows the wheels to stay clean of soot and other contaminants, and is easier to maintain. This system uses the least amount of hose, allowing ease of movement in tight spaces. The lower section of solid blue hose is rated at 850° Fahrenheit, this helps extend the life of the entire system. When the apparatus is started, the exhaust pressure starts the system fan and draws the exhaust emissions in the rail and ductwork.

As the apparatus exits the fire station the crab moves along the rail and the magnetic nozzle automatically disconnects at the doorway.

Weidner is willing to dedicate the time and resources necessary to complete the project in a timely manner. Our team consists of the Exhaust Systems Manager, inside sales/project support, shipping department, installation team and design team. As of today, delivery of

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”
equipment is eight to ten weeks from the time of order. Completion of the project will take approximately 22 working days.

John Rech will be the project manager and is available for planning and onsite support during the project. Mike Thomas is the installation team manager; he will be leading the installation and available during the planning phase.

Sincerely,
John Rech

2. Key Features and Points of MagneGrip Vehicle Exhaust Removal Systems
• MagneGrip all products are made in the USA.
• MagneGrip is the only company with a positive pressure check valve to prevent exhaust from back washing into station, 100% source capture.
• MagneGrip is certified Women’s Business Enterprise (WBE) and Women Owned Small Business (WOSB)
• Weidner does not use HVAC or mechanical subcontractors to install systems. • Installation technicians have been trained and certified by MagneGrip. • Three-year warranty

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”

3. Project Understanding and Approach
Weidner has been installing exhaust removal systems for over 18 years and we have encountered many challenging and technically difficult installations. After attending the mandatory site walk on Thursday April 18, I did not encounter any major issues regarding the installation of the exhaust removal systems.

Weidner does have a current California contractor’s license. Weidner does not use subcontractors to install the MagneGrip equipment. Our installation technicians have been trained and certified by the factory. We do subcontract the electrical work to local certified electricians.

Apparatus bays are cleaned and straightened prior to leaving for the evening.

MagneGrip Project Flow
• MagneGrip equipment arrives the week prior to the start of projects. • Installation schedule as follows:
o Station #55
o Station #55 Butler
o Station # 56
o Station #57
• Rental scissor lift arrives.
• Some or all apparatus will need to be moved out of bay during day to perform work. • Removal of old systems.
• Installation of fan.
• Electrician wires fan and control panel.
• Fan and control panel tested for proper operation.
• Legs and feet are assembled and installed. Lazers are used to ensure alignment is correct.
• Reinforcement supports installed on legs.
• Rail is installed on legs and feet.
• Rubber sealing lips installed.
• Crab assembled and installed on rail.
• Front shock absorber and rear end stop installed.
• Hoses cut, assembled, and installed on crabs.
• 8” Plenums installed in rails, two in each rail.
• Duct installed, starting with trunkline then tied into rails. • The system runs for twenty minutes.

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”
• Tailpipe fittings and adapters are installed on fire apparatus. • Hoses are attached to vehicles and tested.
• Duty crew and officers are trained in the operation of the system. • Inspections are conducted by city officials.
• Crew moves to next station.

4. Weidner’s Relevant Experience
Weidner has installed many exhaust removal systems in fire departments like Montebello.

Weidner’s fire division has been working with fire departments for 20 years. We have worked with hundreds of departments on their AFG grant awards and understand the process of grant applications, awards, and reimbursement. Below is a list of departments with information required in the bid.

1. Meridian Fire Department – Weidner has designed and installed MagneGrip systems eight stations with straight suction rail. Financed through budget money and new construction projects. These projects started in 2019 and completed station #8 in Sept. 2023. Total amount of projects $ 520,000. The Weidner service team performs annual maintenance on all systems in each station. 33 E Broadway
Meridian, ID 83642
Stacy Redman
[email protected]
208-489-0374

2. Sandy City Fire Department – Weidner has designed and installed MagneGrip systems in five stations with rail and track. Financed through AFG with exhaust removal projects starting in 2021. Total amount of projects $ 280,000. The Weidner service team performs annual maintenance on all systems in each station.
9010 South 150 East
Sandy, UT 84070
Chief Ryan McConaghie
[email protected]
801-319-3775

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”

3. SAC Metro Fire – Weidner has installed and designed 11 stations with MagneGrip rail and track. The department has a total of 41 stations and Weidner supplied parts for maintaining all stations. Financed through budget money, projects started in 2017 and are ongoing.
10545 Armstrong Ave Suite 200
Mather, CA 95665
Joe Eachus
[email protected]
916-628-0421

4. Sky Valley Fire – Weidner has designed and installed MagneGrip systems in 4 stations with VSR and track. Financed through AFG and projects started and completed in April 2024. Total amount of project $ 170,000. 501 Lewis Ave
Gold Bar, WA 98251
Assistant Chief Earnie Walters
[email protected]
425-330-3894

5. Cannon Beach Fire Department – Weidner has designed and installed MagneGrip systems in 2 stations with track. Financed through AFG and projects started and completed in February 2024. Total project amount $ 110,000. 188 E Sunset Blvd
Cannon Beach, OR
97110 Chief Marc
Reckmann
[email protected]
503-436-2949

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”

5. Weidner Project Manager
and Key Staff Project
Team
John Rech – John Will be the project manager for Montebello. John is the exhaust systems manager at Weidner. He has been in safety sales for over 22 years with 17 years of sales experience in the fire service. He oversees all exhaust projects. He works one on one with fire departments, contactors, architects, and mechanical engineers. John is a salaried employee and does not bill out for project management.

Project managed – Meridian Fire & Sandy City Fire.

Email: [email protected]
Phone: 385-226-09720972
Erik Barlow – Erik is the lead customer care person for Weidner. He has worked for Weidner for two years and assists with orders, order tracking, and project coordination. Erik teams with Mike Thomas to ensure the installation team has all the necessary equipment and supplies to execute the project in the most efficient way.

Erik is an hourly employee.

Email:

[email protected]
Phone: 801-727-9298

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”
Mike Thomas - Mike is the head of the installation team. He has worked for Weidner for 17 years and has over 20 years’ experience installing Magen Grip systems. He has sold, installed, and serviced hundreds of systems all over the western US. He has been trained and certified by MagneGrip and conducts many factory installations that are outside of the Weidner territory. Mike is the go-to person when there are questions on unusual installations. He is very personable and is an excellent trainer in the operation of the systems.

Mike’s hourly rate while on MagneGrip projects is $150 an hour.

Phone: 385-229-9464
Dehn St. John – Dehn isthe service manager for Weidner. He has worked for Weidner for 10 years. He is a certified technician for MSA, Bauer compressors, Holmatro Rescue Tools and MagneGrip. He travels the western US for Weidner service. Dehan is a captain at Park City Fire Department where he has worked for 20 years.

Dehn’s billing rate forservice is $93 an hour.

Email: [email protected]
Phone: 801-541-5988
Parker Colligan – Parker is the logistics manager at Weidner. Parker has worked for Weidner for two years and he is responsible for all items that travel through the Salt Lake City Warehouse. Parker isthe grandson of the founder.

Parker is an hourly employee.

Email: [email protected]

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com Exhibit “A”

6. MagneGrip Buy American Certificate
See attached on next page.

BUY AMERICA CERTIFICATE – MagneGrip
To Whom It May Concern:

As a manufacturer/supplier of the Clean Air Concepts-MagneGrip Exhaust Removal Systems, component(s) to be incorporated as part the above referenced project, we hereby certify compliance with the Title 49 U.S.C. Section 50101 – “Buying Goods Produced in the United States”. All products supplied/manufactured, for this project, by our company are:
1) Manufactured in the United States. The following is a brief list of the components and/or subcomponents and the U.S. Cities they are manufactured in:

Component: Manufacturing City:

Extruded Aluminum Rails & Track Bristol, TN
Rubber Lips Ravenna, OH
Stack Catcher Indianapolis, IN
Support Legs Cincinnati, OH
Balancers Chicago, IL
Cast Aluminum Lifting Elbows Indianapolis, IN
Spiral Ductwork Cincinnati, OH
Duct Fittings Lombard, IL
Hoses Warsaw, IN
Control Panels & Activation Sys. Cincinnati, OH
Cast Aluminum Nozzle Elbow Philadelphia, PA
Rubber Nozzle Boot Indianapolis, IN
Tailpipe Adaptor Components Cincinnati, OH
Fans & Motors Cincinnati, OH
2) All steel products incorporated into the components and/or subcomponents are American made.
3) Final assembly of the products was completed in the United States.

No waiver is thereby needed for the above listed components.

7. MagneGrip Women Owned Business Certificates
See the next two pages for certificates.

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

hereby grants
ness
to
ROSSMAN ENTERPRISES, INC. DBA CLEAN AIR CONCEPTS
who has successfully met WBENC's standards as a Women's Business Enterprise (WBE).

This certification affirms the business is woman-owned, operated and controlled and is valid through the date herein.

WBENC National WBE Certification was processed and validated by Women's Business Enterprise Council Ohio River Valley, a WBENC Regional Partner Organization.

Certification Granted: June 19, 2020
Expiration Date: June 30, 2021
WBENC National Certification Number: WBE2001487
NAICS: 238290
Authorized by Sheila Mixon, Executive Director Women's
Business Enterprise Council Ohio River Valley
Nati
si Enterprise Certification
onal Women's Bu

WBEN

WOMEN'S BUSINESS ENTERPRISE

NATIONAL COUNCIL
JOIN FORCES. SUCCEED TOGETHER.

HEREBY GRANTS

WOMAN OWNED SMALL BUSINESS (WOSB) CERTIFICATION TO
ROSSMAN ENTERPRISES, INC. DBA CLEAN AIR CONCEPTS
The identified small business is an eligible WOSB for the WOSB Program, as set forth in 13 C.F.R. part 127 and has been certified as such by an SBA approved Third Party Certifier pursuant to the Third Party Agreement, dated June 30, 2011, and available at www.sba.gov/wosb.

The WOSB Certification expires on the date herein unless there is a change in the SBA's regulation that makes the WOSB ineligible or there is a change in the WOSB that makes the WOSB ineligible. If either occurs, this WOSB Certification is immediately invalid. The WOSB must not misrepresent its certification status to any other party, including any local or State government or contracting official or the Federal government or any of its contracting officials.

WBE@ORV

WOMEN'S BUSINESS ENTERPRISE COUNCIL
OH 10 RIVER VALLEY
A G.--
Sheila Mixon, Ohio River Valley Women's Business Council Executive Director
OA<Lfa_'f.k -£
Pamela Prince-Eason, WBENC President & CEO
NAICS: 238290
UNSPSC: 40101500
Certification Number: WOSB200925
Expiration Date: June 30, 2021

L_
Laura Taylor, WBENC Vice President

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

8. Proposed Scope of Work
Station workflow. Weidner will start at #55 then move to the other stations in the order below.

1.Montebello station #55

2.Montebello station #55 Butler

3.Montebello station #56

4.Montebello station #57
Proposed workflow for all stations.

We will start by removing the old obsolete Plymovent system. The metal will be recycled. The fan will be installed, and the electrician will wire the fan and control panel. The feet and legs will be assembled and installed. The rails will be hung on supports, then the sealing lips will be installed. Crabs will be installed on rails, then the end stops installed. Hoses will be installed. All ductwork will be installed and tied tighter. Tailpipe fittings and adapters will be installed. The system will be tested and calibrated. Duty crew and chiefs will be trained on operation.

Approximate working days on each station.

Station #55 – five to six working days
Station # 55 Butler – three to four working days
Station #56 – five to six working days
Station # 57 – two to three working days
Approximately 20 to 22 working days

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

9. Weidner California Contractors License

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

10. Conflict of Interest
There is no conflict of interests between Weidner and Montebello.

11. Cost Proposal and MagneGrip Drawing for Montebello Station #55 See the next two pages.

12. Cost Proposal and MagneGrip Drawing for Montebello Station #55 Butler
See the next two pages.

13. Cost Proposal and MagneGrip Drawing for Montebello Station #56 See the next two pages.

14. Cost Proposal and MagneGrip Drawing for Montebello Station #57 See the next two pages.

PROPOSAL
Date: 5/01/2024
Customer: Montebello Fire Department | Contact: Angelica Palmeros Phone: 323-887-1200 | Email: [email protected] Proposal #:
05012024MFD55 Address: 1600 West Beverly Blvd Montebello, CA 90640 | Job Location: Station # 55 > Scope of Work: Weidner Fire will provide a MagneGrip 100% source capture exhaust removal system. This turnkey proposal includes:site survey, equipment, installation, startup, and training. > Project Overview: Three MagneGrip PRO straight suction rails systems with one extra PRO crab for back-in and pull through apparatus parking configuration. Wireless pressure sensors, control panel, and system fan. Total of four vehicle hose connections and 525 CFM per vehicle/hose connection.

QTY P/N DESCRIPTION PRICE EA. EXT. PRICE
1 MagneGrip 48 ft. PRO straight suction rail, includes (8) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-481 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip 54 ft. PRO straight suction rail, includes (9) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-541 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip PRO crab for straight suction rail, includes 5" 520042-05 blue/white hose, 5" hi temp solid blue lower PRO hose, knob handle, balancer, lifting elbow, nozzle assembly, PRO tailpipe
adapter, pressure sensor and standard transmitter.

CF363-3
MagneGrip Cincinnati fan/motor assembly, 3 HP, three phase, 2100 CFM at 6" sp, 10" inlet and outlet. Made in the USA.

MagneGrip control panel for 3 HP three phase fan, wireless 500177-08 capabilities, stop button, UL certified, NEMA 4 enclosure, variable timer, compatible with the above motor and fan. 500157-10 MagneGrip 10" upblast and rain damper, specifically designed for exhaust removal systems, galvanized
Removal Removal and disposal of old nonfunctioning Plymovent system.

Install includes: travel, equipment installation, equipment Install rental, dumpster rental, electrical installation,spiral duct, hardware, start up, calibration, and training.

Freight Estimated shipping for delivery to zip code 90640.

Total not to exceed:
8,319.80 8,319.80
2 8,653.00 17,306.00
1 3,310.75 3,310.75
1 3,983.10 3,983.10
1 1,423.75 1,423.75
1 398.65 398.65
1 1,200.00 1,200.00
1 26,783.14 26,783.14
1 2,000.00 2,000.00
64,725.19
Delivery of system will be within 8 weeks of proposal acceptance. Quotation is valid for 90 days.

Payment Terms: Net 30 days.

Montebello Fire Station #55

PROJECTNO:----
SYSTEMS: STRAIGHT SUCTION RAIL
ISO 9001:2015 CERTIFIED
UNITS: INCHES
GENERAL CONSTRUCTION NOTES:

BAY #1A
FRONT

TO MAIN

SERVICE
PANEL
BAY #1B
FRONT
BAY #2

1. FOR THE PURPOSE OF CLEARNESS AND LEGIBILITY DRAWINGS ARE DIAGRAMMATIC AND DESIGN INTENTONLY.

CONTRACTOR SHALL VERIFY ALL DIMENSIONS BY FIELD MEASUREMENT BEFORE BEGINNING ANY FABRICATION OR CONSTRUCTION.

2. ALL WORK SHALL BE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES IN ACCORDANCE WITH 2019 ICC (IBC, IMC).

3. ALL NEW MATERIAL METHODS, AND EQUIPMENT SHALL BE INSTALLED IN STRICT ACCORDANCE WITH THE BUILDING STANDARDS AS APPROVED.

4. CONTRACTOR SHALL INSTALL ALL EQUIPMENT N STRICT ACCORDANCE WITH MANUFACTURES' RECOMMENDATIONS.

5. CONTRACTOR SHALL COORDINATE EXACT LOCATION OF EXHAUST FANS, DUCTWORK, AND EXHAUST DROPS WITH EXISTING IN-PLACE CITY FIRE DEPARTMENTS EQUIPMENT, LIGHTING, AND ALL EXISTING CONDITIONS.

6. ALL EXHAUST DUCTWORK SHALL BE SPIRAL SEAM GALVANIZED STEEL FABRICATED AND INSTALLED IN ACCORDANCE WITH CHAPTER 6 OBBC MC AND SMACNA STANDARD MANUAL.

7. SHEETMETAL DUCT DIMENSIONS SHOWN ARE AIRWAY DIMENSIONS.

8. BALANCE EXHAUST SYSTEM AND EACH EXHAUST DROP MEET AIR QUANTITIES AS REQUIRED.

9. CONTRACTOR SHALL COORDINATE WITH CITY FIRE DEPARTMENT PRIOR TO ANY PENETRATION OR ROOF CUTTING.

SYSTEM

CONTROL
PANEL
10X8X8
10X10X10
46"
10" 37"
10"
85"
10"
10X10X8X8
10X8X8
SSRMPRO-541
8" 8"
57" 57"
SSRMPRO-541
8" 8"
8" 8"
SSRMPRO-482

FAN SCHEDULE
FAN TYPE ID#

AIRFLOW
(CFM) RPM
STATIC

PRESSURE
(IN - WC)

VOLTS /
PHASE

HP BREAKER WIRE
MAGNEGRIP CF363-3 2100 3450 6 SP
208-230v
3ph 4w 3 30 AMP #10THHN

VEHICLE EXHAUST SYSTEM
DESCRIPTION PART # QTY REMARKS
CONTROL PANEL 500177-08 1
RAIN CAP 500157-10 1
SUCTION RAIL SSRMPRO-541 2 1 HOSE DROP EACH
SUCTION RAIL SSRMPRO-482 1 2 HOSE DROPS EACH
TOTAL # OF HOSE DROPS: 4 CFM PER HOSE DROP: 525 CFM
REMARKS:

A. ITEM HAS BEEN SPECIFIED FOR QUALITY AND PERFORMANCE ANY APPROVED SUBSTITUTION IS AT THE RISK OF THE OWNER.

B. PROVIDE TRACK OR RAIL SYSTEM, TRANSITION ELBOW, HIGH TEMPERATURE HOSE, HOSE

CLAMPS, NOZZLES, TAILPIPE CONNECTORS, FRESH AIR INTAKE, AND OTHER ITEMS REQUIRED FOR A COMPLETE INSTALLATION.

C. PROVIDE WIRELESS CONTROL PANEL ACTIVATION, PRESSURE SENSORS,WIRELESS TRANSMITTERS, AND ADDITIONAL COMPONENTS IF REQUIRED FOR AUTOMATIC FAN CONTROL.

BAY #1A
REAR
BAY #1B
REAR

RAIN CAP

CEILING LINE

CRAB ASSEMBLY

RAIL LIPS

LIFTING BALANCER
ELBOW

INLET PLENUM

MOUNTINGLEG

ASSEMBLY
RAIL

ROOF FLASHING BY OTHERS

FAN

SPIRAL DUCT

FANELEVATION
36"x36"x12"

ROOF CURB

OR EQUIPMENT RAILS BY
OTHERS

STRAIGHT SUCTION RAIL SIDE

ELEVATION

STRAIGHT SUCTIONRAIL FRONT

ELEVATION

PROPOSAL
Date: 5/01/2024
Customer: Montebello Fire Department | Contact: Angelica Palmeros Phone: 323-887-1200 | Email: [email protected] Proposal #:
05012024MFD55 Address: 1600 West Beverly Blvd Montebello, CA 90640 | Job Location: Station # 55 Butler > Scope of Work: Weidner Fire will provide a MagneGrip 100% source capture exhaust removal system. This turnkey proposal includes:site survey, equipment, installation, startup, and training. > Project Overview: Two MagneGrip PRO straight suction rails systems with one extra PRO crab for back-in apparatus parking configuration. Wireless pressure sensors, control panel, and system fan. Total of three vehicle hose connections and 700 CFM per vehicle/hose connection.

QTY P/N DESCRIPTION PRICE EA. EXT. PRICE
1 MagneGrip 30 ft. PRO straight suction rail, includes (5) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-301 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip 48 ft. PRO straight suction rail, includes (8) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-481 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip PRO crab for straight suction rail, includes 5" 520042-05 blue/white hose, 5" hi temp solid blue lower PRO hose, knob handle, balancer, lifting elbow, nozzle assembly, PRO tailpipe
adapter, pressure sensor and standard transmitter.

CF363-3
MagneGrip Cincinnati fan/motor assembly, 3 HP, three phase, 2100 CFM at 6" sp, 10" inlet and outlet. Made in the USA.

MagneGrip control panel for 3 HP three phase fan, wireless 500177-08 capabilities, stop button, UL certified, NEMA 4 enclosure, variable timer, compatible with the above motor and fan. 500157-10 MagneGrip 10" upblast and rain damper, specifically designed for exhaust removal systems, galvanized
Install includes: travel, equipment installation, equipment Install rental, dumpster rental, electrical installation,spiral duct, hardware, start up, calibration, and training.

Freight Estimated shipping for delivery to zip code 90640.

Total not to exceed:
6,609.60 6,609.60
1 8,319.80 8,319.80
1 3,310.75 3,310.75
1 3,983.10 3,983.10
1 1,423.75 1,423.75
1 398.65 398.65
1 20,381.43 20,381.43
1 1,750.00 1,750.00
46,177.08
Delivery of system will be within 8 weeks of proposal acceptance. Quotation is valid for 90 days.

Payment Terms: Net 30 days.

Montebello Fire Station # 55 Butler

PROJECTNO:----
SYSTEMS: STRAIGHT SUCTION RAIL
ISO 9001:2015 CERTIFIED
UNITS: INCHES
S
Y
S
T
E
M
C
O
N
T
R
O
L
P
A
N
E
L
T
O
M
A
I
N
S
E
R
V
I
C
E
P
A
N
E
L
BAY #1 BAY #2
8" 10"
123"
SSRMPRO-482
8"
117"
116"
8" SSRMPRO-301

10X8X8 10X10X8 GENER
AL
CONST

RUCTIO N
NOTES:

1.FORTHEPURPOSEOFCLEARNESSANDLEGIBILITYDRAWINGSAREDIAGRAMMATICANDDESIGN INTENTONLY.CONTRACTORSHALLVERIFYALLDIMENSIONSBYFIELDMEASUREMENTBEFOREBEGINNINGANYFA BRICATION OR CONSTRUCTION.

2. ALL WORK SHALL BE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES IN ACCORDANCE WITH 2019 ICC (IBC, IMC).

3. ALL NEW MATERIAL METHODS, AND EQUIPMENT SHALL BE INSTALLED IN STRICT ACCORDANCE WITH THE BUILDING STANDARDS AS APPROVED.

4. CONTRACTOR SHALL INSTALL ALL EQUIPMENT N STRICT ACCORDANCE WITH MANUFACTURES' RECOMMENDATIONS.

5. CONTRACTOR SHALL COORDINATE EXACT LOCATION OF EXHAUST FANS, DUCTWORK, AND EXHAUST DROPS WITH EXISTING IN-PLACE CITY FIRE DEPARTMENTS EQUIPMENT, LIGHTING, AND ALL EXISTING CONDITIONS.

6. ALL EXHAUST DUCTWORK SHALL BE SPIRAL SEAM GALVANIZED STEEL FABRICATED AND INSTALLED IN ACCORDANCE WITH CHAPTER 6 OBBC MC AND SMACNA STANDARD MANUAL.

7. SHEETMETAL DUCT DIMENSIONS SHOWN ARE AIRWAY DIMENSIONS.

8. BALANCE EXHAUST SYSTEM AND EACH EXHAUST DROP MEET AIR QUANTITIES AS REQUIRED.

9. CONTRACTOR SHALL COORDINATE WITH CITY FIRE DEPARTMENT PRIOR TO ANY PENETRATION OR ROOF CUTTING. 60"
10"

FAN SCHEDULE
FAN TYPE ID#

AIRFLOW
(CFM) RPM
STATIC

PRESSURE
(IN - WC)
VOLTS/

PHASE HP BREAKER WIRE
MAGNEGRIP CF363-3 2100 3450 6 SP
208-230v
3ph 4w
3 30 AMP #10THHN

VEHICLE EXHAUST SYSTEM
DESCRIPTION PART# QTY REMARKS
CONTROL PANEL 500177
-08
1 RAIN CAP 500157-101
SUCTION RAIL SSRMPRO-30111 HOSE DROP EACH
SUCTION RAIL SSRMPRO-48212 HOSE DROPS EACH
TOTAL # OF HOSE DROPS:3 CFM PER HOSE DROP: 600 CFM
REMARKS:

A. ITEM HAS BEEN SPECIFIED FOR QUALITY AND PERFORMANCE ANY APPROVED SUBSTITUTION IS AT THE RISK OF THE OWNER.

B. PROVIDE TRACK OR RAIL SYSTEM, TRANSITION ELBOW, HIGH TEMPERATURE HOSE, HOSE

CLAMPS, NOZZLES, TAILPIPE CONNECTORS, FRESH AIR INTAKE, AND OTHER ITEMS REQUIRED FOR A COMPLETE INSTALLATION.

C. PROVIDE WIRELESS CONTROL PANEL ACTIVATION, PRESSURE SENSORS,WIRELESS TRANSMITTERS, AND ADDITIONAL COMPONENTS IF REQUIRED FOR AUTOMATIC FAN CONTROL.

CEILING LINE

CRAB ASSEMBLY

RAIL LIPS

LIFTING BALANCER
ELBOW

INLET PLENUM

MOUNTINGLEG

ASSEMBLY
RAIL

CEILING

STRUCTURE CF
FAN

VIBRATION

ISOLATORS

RAIN CAP

EXHAUST
STACK

BRACING

FAN MOUNTING
SYSTEM

FANELEVATION
WALL

STRAIGHT SUCTION RAIL SIDE

ELEVATION

STRAIGHT SUCTIONRAIL FRONT

ELEVATION

PROPOSAL
Date: 5/01/2024
Customer: Montebello Fire Department | Contact: Angelica Palmeros Phone: 323-887-1200 | Email: [email protected] Proposal #:
05012024MFD55 Address: 1600 West Beverly Blvd Montebello, CA 90640 | Job Location: Station # 56 > Scope of Work: Weidner Fire will provide a MagneGrip 100% source capture exhaust removal system. This turnkey proposal includes:site survey, equipment, installation, startup, and training. > Project Overview: Two MagneGrip PRO straight suction rails systems with two extra PRO crabs for pull through apparatus parking configuration. Wireless pressure sensors, control panel, and system fan. Total of four vehicle hose connections and 525 CFM per vehicle/hose connection.

QTY P/N DESCRIPTION PRICE EA. EXT. PRICE
2 MagneGrip 72 ft. PRO straight suction rail, includes (12) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-721 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip PRO crab for straight suction rail, includes 5" 520042-05 blue/white hose, 5" hi temp solid blue lower PRO hose, knob handle, balancer, lifting elbow, nozzle assembly, PRO tailpipe
adapter, pressure sensor and standard transmitter.

CF363-3
MagneGrip Cincinnati fan/motor assembly, 3 HP, three phase, 2100 CFM at 6" sp, 10" inlet and outlet. Made in the USA.

MagneGrip control panel for 3 HP three phase fan, wireless 500177-08 capabilities, stop button, UL certified, NEMA 4 enclosure, variable timer, compatible with the above motor and fan. 500157-10 MagneGrip 10" upblast and rain damper, specifically designed for exhaust removal systems, galvanized
Removal Removal and disposal of old nonfunctioning Plymovent system.

Install includes: travel, equipment installation, equipment Install rental, dumpster rental, electrical installation,spiral duct, hardware, start up, calibration, and training.

Freight Estimated shipping for delivery to zip code 90640.

Total not to exceed:
10,174.50 20,349.00
2 3,310.75 6,621.50
1 3,983.10 3,983.10
1 1,423.75 1,423.75
1 398.65 398.65
1 1,200.00 1,200.00
1 26,140.43 26,140.43
1 2,000.00 2,000.00
62,116.43
Delivery of system will be within 8 weeks of proposal acceptance. Quotation is valid for 90 days.

Payment Terms: Net 30.

Montebello Fire Station # 56

PROJECTNO:----
SYSTEMS: STRAIGHT SUCTION RAIL
ISO 9001:2015 CERTIFIED
UNITS: INCHES
GENERAL CONSTRUCTION NOTES:

1. FOR THE PURPOSE OF CLEARNESS AND LEGIBILITY DRAWINGS ARE DIAGRAMMATIC AND DESIGN INTENTONLY.

CONTRACTOR SHALL VERIFY ALL DIMENSIONS BY FIELD MEASUREMENT BEFORE BEGINNING ANY FABRICATION OR CONSTRUCTION.

2. ALL WORK SHALL BE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES IN ACCORDANCE WITH 2019 ICC (IBC, IMC).

BAY #1
22"
10"
BAY #2
112"
10"
TO
MA
IN
SER
VIC
E
PA
NEL

SYSTEM CONTROL
PANEL
165" 165"
8" 8" SSRMPRO-722
10"
165" 165"
8" 8" SSRMPRO-722

ROOF

FLASHING

BYOTHERS

SPIRAL DUCT

CEILINGLINECRABASSEMBLYRAILLIPSLIFTING

BALANCER
ELBOW

FANELEVATION

RAIN CAP
FAN
36"x36"x12"

ROOF CURB

OR EQUIPMENT RAILS BY
OTHERS

INLET PLENUM

3. ALL NEW MATERIAL

METHODS, AND

EQUIPMENT SHALL BE

INSTALLED IN STRICT

ACCORDANCE WITH

THE BUILDING

STANDARDS AS
APPROVED.

4. CONTRACTOR

SHALL INSTALL
ALL

EQUIPMENT N
STRICT

ACCORDANCE
WITH

MANUFACTURE
S'

RECOMMENDAT
I
O
N
S
.

5. C
O
N
T
R
A
C
T
O
R
S
H
A
L
L

COORDINATE EXACT

LOCATION OF EXHAUST

FANS, DUCTWORK, AND

EXHAUST DROPS WITH

EXISTING IN-PLACE CITY

FIRE DEPARTMENTS

EQUIPMENT, LIGHTING,

AND ALL EXISTING
CONDITIONS.

6. ALL EXHAUST

DUCTWORK SHALL BE

SPIRAL SEAM

GALVANIZED STEEL

FABRICATED AND

INSTALLED IN

ACCORDANCE WITH
CHAPTER 6 OBBC MC

AND SMACNA
STANDARD MANUAL.

7. SHEETMETAL DUCT

DIMENSIONS SHOWN ARE
AIRWAY DIMENSIONS.

8. BALANCE EXHAUST SYSTEM

AND EACH EXHAUST DROP

MEET AIR QUANTITIES AS
REQUIRED.

9. CONTRACTOR SHALL

COORDINATE WITH

CITY FIRE

DEPARTMENT PRIOR

TO ANY PENETRATION
OR ROOF CUTTING.

FAN SCHEDULE
FAN TYPE ID#

AIRFLOW
(CFM) RPM
STATIC

PRESSURE
(IN - WC)

VOLTS /

PHASE HP BREAKER WIRE
MAGNEGRIP CF363-3 2100 3450 6 SP
208-230v
3ph 4w 3 30 AMP #10THHN

VEHICLE EXHAUST SYSTEM
DESCRIPTION PART # QTY REMARKS
CONTROL PANEL 500177-08 1
RAIN CAP 500157-10 1
SUCTION RAIL SSRMPRO-722 1 2 HOSE DROPS EACH
TOTAL # OF HOSE DROPS: 4 CFM PER HOSE DROP: 525 CFM
REMARKS:

A. ITEM HAS BEEN SPECIFIED FOR QUALITY AND PERFORMANCE ANY APPROVED SUBSTITUTION IS AT THE RISK OF THE OWNER.

B. PROVIDE TRACK OR RAIL SYSTEM, TRANSITION ELBOW, HIGH TEMPERATURE HOSE, HOSE

CLAMPS, NOZZLES, TAILPIPE CONNECTORS, FRESH AIR INTAKE, AND OTHER ITEMS REQUIRED FOR A COMPLETE INSTALLATION.

C. PROVIDE WIRELESS CONTROL PANEL ACTIVATION, PRESSURE SENSORS,WIRELESS TRANSMITTERS, AND ADDITIONAL COMPONENTS IF REQUIRED FOR AUTOMATIC FAN CONTROL.

MOUNTINGLEG

ASSEMBLY
RAIL
BAY #1 BAY #2

STRAIGHT SUCTIONRAIL SIDE

ELEVATION

STRAIGHT SUCTIONRAIL

FRONT ELEVATION

PROPOSAL
Date: 5/01/2024
Customer: Montebello Fire Department | Contact: Angelica Palmeros Phone: 323-887-1200 | Email: [email protected] Proposal #:
05012024MFD57 Address: 1600 West Beverly Blvd Montebello, CA 90640 | Job Location: Station # 57 > Scope of Work: Weidner Fire will provide a MagneGrip 100% source capture exhaust removal system. This turnkey proposal includes:site survey, equipment, installation, startup, and training. > Project Overview: One MagneGrip PRO straight suction rails systems with one extra PRO crab for back-in apparatus parking configuration. Wireless pressure sensors, control panel, and system fan. Total of two vehicle hose connections and 685 CFM per vehicle/hose connection.

QTY P/N DESCRIPTION PRICE EA. EXT. PRICE
1 MagneGrip 48 ft. PRO straight suction rail, includes (8) sections of 6" dia. Rail, support legs, foot kits, one PRO crab,
SSRMPR PRO tailpipe adapter, end cap, 5" blue/white hose, 5" high O-481 temp solid blue PRO lower hose, knob handle, 8" blast gates, 8" plenum, balancer, rubber lips, pressure sensor and standard transmitters.

MagneGrip PRO crab for straight suction rail, includes 5" 520042-05 blue/white hose, 5" hi temp solid blue lower PRO hose, knob handle, balancer, lifting elbow, nozzle assembly, PRO tailpipe
adapter, pressure sensor and standard transmitter.

CF361-2
MagneGrip Cincinnati fan/motor assembly, 3 HP, three phase, 2100 CFM at 6" sp, 10" inlet and outlet. Made in the USA.

MagneGrip control panel for 3 HP three phase fan, wireless 500174-08 capabilities, stop button, UL certified, NEMA 4 enclosure, variable timer, compatible with the above motor and fan. 500157-10 MagneGrip 10" upblast and rain damper, specifically designed for exhaust removal systems, galvanized
Removal Removal and disposal of old nonfunctioning Plymovent system.

Install includes: travel, equipment installation, equipment Install rental, dumpster rental, electrical installation,spiral duct, hardware, start up, calibration, and training.

Freight Estimated shipping for delivery to zip code 90640.

Total not to exceed:
8,319.80 8,319.80
1 3,310.75 3,310.75
1 3,866.66 3,866.66
1 1,423.75 1,423.75
1 398.65 398.65
1 No Charge No Charge
1 15,545.00 15,545.00
1 1,750.00 1,750.00
34,614.61
Delivery of system will be within 8 weeks of proposal acceptance. Quotation is valid for 90 days.

Payment Terms: Net 30 days.

Montebello Fire Station # 57

PROJECTNO:----
SYSTEMS: STRAIGHT SUCTION RAIL
ISO 9001:2015 CERTIFIED
UNITS: INCHES
8"

TOMAINSERVICEPANEL

CEILING LINE

CRAB ASSEMBLY RAIL LIPS

LIFTING BALANCER
ELBOW
311" 134"
8" 8"
SSRMPRO-482

FANELEVATION

RAIN CAP

BRACING

EXHAUST
STACK

FAN MOUNT

BRACKET
WALL

INLET PLENUM
GE
NE
R
AL
C
O
NS
TR
U
CT
IO
N
N
OT
ES
:

1. FOR THE PURPOSE OF CLEARNESS AND LEGIBILITY DRAWINGS ARE DIAGRAMMATIC AND DESIGN INTENTONLY.

CONTRACTOR SHALL VERIFY ALL DIMENSIONS BY FIELD MEASUREMENT BEFORE BEGINNING ANY FABRICATION OR CONSTRUCTION.

2. ALL WORK SHALL BE IN ACCORDANCE WITH ALL APPLICABLE

FEDERAL, STATE AND LOCAL CODES IN ACCORDANCE WITH
2019 ICC (IBC, IMC).

3. ALL NEW MATERIAL METHODS, AND EQUIPMENT SHALL BE

INSTALLED IN STRICT ACCORDANCE WITH THE BUILDING
STANDARDS AS APPROVED.

4. CONTRACTOR SHALL INSTALL ALL EQUIPMENT N STRICT

ACCORDANCE WITH MANUFACTURES'
RECOMMENDATIONS.

5. CONTRACTOR SHALL COORDINATE EXACT LOCATION OF EXHAUST FANS, DUCTWORK, AND EXHAUST DROPS WITH EXISTING INPLACE CITY FIRE DEPARTMENTS EQUIPMENT, LIGHTING, AND ALL EXISTING CONDITIONS.

6. ALL EXHAUST DUCTWORK SHALL BE SPIRAL SEAM GALVANIZED

STEEL FABRICATED AND INSTALLED IN ACCORDANCE WITH
CHAPTER 6 OBBC MC AND SMACNA STANDARD MANUAL.

7. SHEETMETAL DUCT DIMENSIONS SHOWN ARE AIRWAY DIMENSIONS.

8. BALANCE EXHAUST SYSTEM AND EACH EXHAUST DROP MEET AIR QUANTITIES AS REQUIRED.

9. CONTRACTOR SHALL COORDINATE WITH CITY FIRE

DEPARTMENT PRIOR TO ANY PENETRATION OR ROOF
CUTTING.

FAN SCHEDULE
FAN TYPE ID#

AIRFLOW
(CFM) RPM
STATIC

PRESSURE
(IN - WC)

VOLTS /

PHASE HP BREAKER WIRE
MAGNEGRIP 500104-02 1350 3450 6 SP
208-230v
1ph 2 30 AMP #10THHN

VEHICLE EXHAUST SYSTEM
DESCRIPTION PART # QTY REMARKS
CONTROL PANEL 500174-08 1
RAIN CAP 500152-01 1
SUCTION RAIL SSRMPRO-482 1 2 HOSE DROPS EACH
TOTAL # OF HOSE DROPS: 2 CFM PER HOSE DROP: 600 CFM
REMARKS:

A. ITEM HAS BEEN SPECIFIED FOR QUALITY AND PERFORMANCE ANY APPROVED SUBSTITUTION IS AT THE RISK OF THE OWNER.

B. PROVIDE TRACK OR RAIL SYSTEM, TRANSITION ELBOW, HIGH TEMPERATURE HOSE, HOSE

CLAMPS, NOZZLES, TAILPIPE CONNECTORS, FRESH AIR INTAKE, AND OTHER ITEMS REQUIRED FOR A COMPLETE INSTALLATION.

C. PROVIDE WIRELESS CONTROL PANEL ACTIVATION, PRESSURE SENSORS,WIRELESS TRANSMITTERS, AND ADDITIONAL COMPONENTS IF REQUIRED FOR AUTOMATIC FAN CONTROL.

M
O
U
N
T
I
N
G
L
E
G
A
S
S
E
M
B
L
Y
R
A
I
L

SYSTEM

CONTROL
PANEL

STRAIGHT SUCTIONRAIL SIDE

ELEVATION

STRAIGHT SUCTIONRAIL

FRONT ELEVATION

15. Weidner / MagneGrip Three Year Warranty
See the next page.

Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

MagneGrip Exhaust System Three - Year Warranty
Weidner Fire, MagneGrip’s factory authorized distributor and installation representative for the Western United States, hereby warrants the MagneGrip exhaust extraction system for a period of three years from date of installation completion, with a period of three years on labor.

All major components of the MagneGrip system are covered for a full three years:
▪ Fan
▪ Motor
▪ Controller
▪ Track
▪ Legs
▪ Supports
▪ Aluminum Transition Elbow
▪ Lifting Elbow
▪ Duct System
▪ Labor to Repair or Replace Defective Parts
▪ Rubber Boot
▪ Magnepaks
▪ Magnets
▪ Transmitters (batteries excluded)
▪ Hoses
▪ Balancers
▪ Sensors
Weidner Fire and MagneGrip reserve the right to replace or repair the defective or damaged part. This warranty does not cover parts that fail due to misuse, abuse, or lack of maintenance. Regular adjustments/maintenance are not included in this warranty but will be thoroughly explained and demonstrated to the customer in our extensive training session at the time of installation. Weidner Fire will cover parts and labor for three years.

Weidner Fire 135 West 7065 South
Midvale, UT 84047
weidnerfire.com | 800.894.3205

16. SAMS Good Standing
Weidner Fire | 135 West 7065 South | Midvale, Utah | 801.565.9595 | weidnerfire.com

Exhibit “B”
Cost Proposal
Station #57 - $34,614.61
Station #55 (Butler) - $46,177.08
Station #55 - $64,725.19
Station #56 - $62,116.43
Total: $207,633.31

EXHIBIT “C”
Terms for Compliance with California Labor Law Requirements

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes.

Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this Exhibit, above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant

shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant, and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions.

Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Exhibit “D”

LIVE SCAN FINGERPRINTING REQUIREMENT
The CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT may be required to obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.

EXHIBIT “E”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the "Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUBCONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
____________________________________________________________________ __
____________________________________________________________________ __
____________________________________________________________________ __
The address at which the Principal may be served with notices, papers and other documents is:
____________________________________________________________________ __
____________________________________________________________________ __
____________________________________________________________________ __
If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or

for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond

on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________
(Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
________________________
City Attorney

EXHIBIT “F”
Federal Grant Requirements
(2 C.F.R. Appendix II to Part 200)

14. Remedies - In addition to right to terminate or suspend the Agreement contained herein, if CONTRACTOR fails to perform any of the obligations under this Agreement, CITY may, in its sole discretion, require CONTRACTOR to cure any deficiencies in its performance by providing a Notice of Cure in compliance with Section 8.a of the Agreement, specifying the applicable cure period to perform the requested cure items. If CONTRACTOR does not provide such a cure prior to the expiration of the cure period, CONTRACTOR shall be liable for the cost and expense incurred by CITY as a result of such default, including but not limited to the costs and expense associated with obtain a replacement CONTRACTOR to complete the Statement of Work. This provision shall not be interpreted to limit any administrative or civil penalties, sanctions, or remedies CITY may have under the CITY’s municipal code or under any applicable laws

15. Termination for Cause and for Convenience – see Agreement Section 8.

Termination

16. Equal Employment Opportunity – During the performance of this contract, the contractor agrees to abide by the Equal Opportunity Clause of 41 CFR 60-1.4(a) or 41 CFR 60-1.4(b) for construction contracts.

17. Davis-Bacon Act & Copeland “Anti-Kickback” Act – The CONTRACTOR shall also be required to comply with the prevailing wage requirements of the DavisBacon Act (40 U.S.C. 3141-3418) as amended. CONTRACTOR also warrants that CONSULATION was not induced, by any means, from giving up any portion of the compensation due under this Agreement by any City employee in breach of 40 U.S. C. 3145. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration

18. Contract Work Hours and Safety Standards Act – In addition to any provisions of the Agreement related to contract work hours and safety standards, CONTRACTOR shall comply with the provisions of 40 U.S.C. 3701-3708, and another federal, state or local law related to work hours and occupational safety, as applicable.

19. Clean Air Act and Federal Water Pollution Control Act – CONTRACTOR agrees that it shall perform all duties and obligations under this AGREEMENT pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) as applicable.

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

20. Debarment and Suspension – CONTRACTOR shall have an active registration with the System for Award Management (“SAM”) The CONTRACTOR’s execution of this Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONTRACTOR or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

Exceptions to the Federal Government excluded parties
(https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

21. Byrd Anti-Lobbying Amendment - CONTRACTOR certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the CONTRACTOR shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

The CONTRACTOR also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

22. Procurement of Recovered Materials – CONTRACTOR shall comply with the requirements of the Solid Waste Disposal Act, Section 6002, as amended by the Resource Conservation and Recovery Act.

23. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – CONTRACTOR shall not use any equipment prohibited by 2 CFR Section 200.216 in the performance of this contract and shall comply with all requirements included thereto.

24. Domestic Preferences for Procurements – To the extent practicable, CONTRACTOR shall abide by the provision of 2 CFR Section 200.322 that provides a preference for goods, products, or materials produced domestically.

WEIDNER AGR 4213
Final Audit Report 2024-07-11
Created: 2024-06-27
By: Jacqueline Leon ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA8wKqDJELgVBVfJkJrqQFxXhwSZNNQmiV "WEIDNER AGR 4213" History
Document created by Jacqueline Leon ([email protected]) 2024-06-27 - 11:24:32 PM GMT
Document emailed to JOHN RECH ([email protected]) for signature 2024-06-27 - 11:24:42 PM GMT
Email viewed by JOHN RECH ([email protected])
2024-07-03 - 5:15:17 PM GMT
Email viewed by JOHN RECH ([email protected])
2024-07-11 - 4:41:52 PM GMT
Document e-signed by JOHN RECH ([email protected]) Signature Date: 2024-07-11 - 4:58:52 PM GMT - Time Source: server Agreement completed.
2024-07-11 - 4:58:52 PM GMT

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP No. 24-9) FOR A SOURCE CAPTURE EXHAUST SYSTEM
DATE: November 8, 2023
RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize issuance of a Request for Proposals (RFP No. 24-9) for a source capture exhaust system; and

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

FISCAL IMPACT:

Issuance of this Request for Proposals (RFP No. 24-9) has no fiscal impact. The FEMA Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Program was awarded to the Montebello Fire Department in the amount of $183,848. The grant funds are intended for the installation of diesel exhaust capturing equipment at all three fire stations. City Council approved receipt of the grant on September 28, 2022, however, this grant required a substantial environmental review and approval by FEMA prior to any use of funds. Thereby the delay in the request for authorization. The project will be funded from grant funding expenditure account number 265-85-857-60.0.10 (Grants, Fire, Assistance to Firefighters Grant, Machinery and Equipment). Funding has already been appropriated in the Fiscal Year 2023-24 budget, therefore no budget amendment is needed.

BACKGROUND/DISCUSSION:

The City of Montebello is requesting approval to issue a RFP to solicit proposals from highly qualified companies to provide for the replacement of the source capture

ATTACHMENT B

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023

system(s). The awarded funds were approved for the installation of diesel exhaust capturing equipment at all three fire stations. The project will include the removal and replacement of twenty-year-old, outdated diesel exhaust capturing equipment from the three fire stations as well as the installation of new diesel exhaust capturing equipment.

The existing equipment that was installed in 2001 is now at the end of its service life. The health and wellness of fire personnel is of the utmost importance to the Department, leveraging these grant funds will improve ventilation and air quality at the City’s fire stations. The project was submitted to the Grant Programs Directorate (GPD) for Environmental and Historic (EHP) review. The EHP is now completed, and the city may proceed with the project to replace the existing extraction equipment at Station 55, Station 56 and Station 57 (attachment A).

Additionally, the Fire Department has developed a draft Request For Proposal (RFP No. 24-9), setting clear expectations and a detailed scope of work, to ensure the needs of the City are met. If approved, the notice inviting proposals will be published using Planetbids in December 2023. The due date for all proposals is tentatively scheduled for January 2024 with the selection of a vendor following shortly after. Staff will return to the City Council seeking approval of an award of a contract.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(a)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not “a "project” as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

N/A
SUMMARY:

Staff is recommending that the City Council approve issuing RFP No.24-9 and direct staff to take such additional, and related, action that may be desirable.

ATTACHMENT(S)

1. ATTACHMENT A - EHP Review Completion Letter 2021-AFG

2. ATTACHMENT B - RFP 24-9 (Draft)
NEXT STEPS:

N/A

U.S. Department of Homeland Security

FEMA /GPD
400 C Street, Washington D.C. 20472
September 28, 2023
To: Elena Porterfield, Preparedness Officer, GPD
From: Beth McWaters-Bjorkman, EHP Section Chief, GPD
Subject: EHP Review Completion for Montebello, CA
Documentation for the following project was submitted to the Grant Programs Directorate (GPD) for Environmental and Historic Preservation (EHP) review.

Project Description: For Station 55, Replace existing exhaust extraction equipment in 1964 portion of station and 1991 addition; installation of new exhaust extraction system in the 2021 addition. For Sta 56 and 57, replace existing exhaust extraction systems.

Grant Recipient: Montebello, CA
Project Location: (1) Sta 55, 600 North Montebello Blvd, Montebello, CA, (2) Sta 56, 1166 South Greenwood Ave, Montebello, CA, (3) Sta 57, 2950 West Via Acosta, Montebello, CA Grant Number(s): 2021-FG-06070
Case Number: 2021-FG-06070.47329
Grant Program: Assistance to Fire Fighters Grant Program The materials submitted were reviewed according to the National Environmental Policy Act (NEPA) of 1969, the National Historic Preservation Act (NHPA) and other EHP laws, regulations, and Executive Orders.

After review of the documentation provided, the environmental review is now completed in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01. Please inform the recipient that because of this determination their project has been approved for EHP compliance, subject to the conditions outlined below. In addition, where subrecipients are involved, I request you remind the recipient of their responsibility to ensure subrecipients comply with these conditions.

Special Conditions: None
Standard Conditions:
• Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
• This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding.
• If ground disturbing activities occur during construction, applicant will monitor ground

ATTACHMENT C

EHP Completion Letter
EHP Case Number: 2021-FG-06070.47329
disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.

This is official documentation and must be retained as part of the project record. A copy of this letter will be added to the grant file that includes this project.

If you have further questions please contact [email protected]

EHP Completion Letter
EHP Case Number: 2021-FG-06070.47329

ITEM # 35

CITY OF MONTEBELLO

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

BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE AGREEMENT NO. 4213 WITH THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA ON BEHALF OF THE UCLA CENTER

FOR PREHOSPITAL CARE FOR EMERGENCY MEDICAL SERVICES

EDUCATION AND TRAINING
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4213 with the Regents of the University of California on Behalf of the UCLA Center for Prehospital Care Educational and Training Services; and

2. Authorize the City Manager to execute the Agreement on behalf of the City: and

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

FISCAL IMPACT:

The attached professional services agreement (Attachment A) has an initial term of five (5) years. If approved, the total amount of this agreement shall not exceed $338,321.78 over the initial five (5) year term. The adopted Fiscal Year 2024-25 budget includes $60,000 in Account No. 100-85-860- 6040.10 (General Fund, Fire, Suppression, Contract Services- Outside Contracts) for Emergency Medical Services Education and Training Services. Therefore, no budget adjustment is needed as part of the agreement approval; the funds are budgeted as part of the annual budget process.

UCLA will increase the cost of services by no more than 5.25% per year to cover increases in the cost of delivering educational and training services during the five (5) year agreement. As indicated in the chart below:

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

SCHEDULE ANNUAL FEE 5.25%
ANNUAL

INCREASE

5.25%

INCREASE

INCLUDED

MONTHLY

PAYMENT
YEAR 1 $58,819.00 $0.00 $58,819.00 $4,901.58
YEAR 2 $61,759.95 $3,088.00 $64,847.95 $5,404.00
YEAR 3 $64,847.95 $3,242.40 $68,090.35 $5,674.20
YEAR 4 $68,090.35 $3,404.52 $71,494.87 $5,957.91
YEAR 5 $71,494.87 $3,574.74 $75,069.61 $6,255.80
TOTAL $325,012.12 $13,309.66 $338,321.78
BACKGROUND/DISCUSSION:

Since 2019, Montebello Fire Department has been partnering with the Regents of the University of California, UCLA Center for Prehospital Care Educational and Training Services, due to the specific program designed for the delivery of emergency medical care for fire organizations in Los Angeles County. With the implementation of the new delivery service model, Paramedic Rescue Squads adopted in September 2023 and the approved rank of Firefighter/Paramedic and the Firefighter/EMT, the Department is focusing on Emergency Medical Care Skill Development, including up-to-date policies.

The UCLA Program has more than 20 years in the field of public safety education and training. The UCLA Nurse Educators have delivered customized, high-quality, department-specific continuing education and quality improvement services to fire departments and law enforcement agencies. Nurse and Paramedic Educators operate within the chain of command structure and partner with departments to support the delivery of high-quality emergency services. UCLA services are customized and include the following:
• Dynamic, hands-on monthly continuing education that utilizes a student-centered learning model that goes well beyond the traditional lecture-based, stand-anddeliver teaching format. • Collaboration with EMS leadership to sustain best practices within the department. • Continuing education to include skills practice, remediation and verification, which exceeds recertification/licensing requirements for Emergency Medical Technicians (EMTs) and Paramedics.
• A comprehensive quality improvement plan, including the development and tracking of performance indicators and a ride-along program, to sustain high quality care and meet regulatory requirements.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

• Support the department's infection control program and serve as the Designated Infection Control Officer (DICO).
• Oversight, coordination, training and re-training of EMT– Defibrillation programs. • Community-based education includes hand-only CPR, Stop-the-Bleed, First Aid, Public Access AED.
• Emergency Medical Dispatch quality improvement and pre-arrival instructions.

The City’s Municipal Code provides the authority to purchase items or services from a sole source under Chapter 3.20.050 – Conformance with Bidding Procedures, SubSection B. This Sole Source procurement for the Emergency Medical Services Education and Training Program (ATTACHMENT B), for services provided by the Regents of the University of California on Behalf of the UCLA Center for Prehospital Care Educational and Training Services have met the following criteria:
• A consultant with a very unique expertise/background in a recognized field. The consultant has advanced or specialized knowledge or expertise gained over an extended period in a specialized area of experience. The consultant has received a certificate from a nationally accredited institution. • A collaborative project where a specific vendor/contractor/consultant is named by the funding agency and/or inter-agency agreement as the source of an item or service, and the use of the vendor/consultant is required for compatibility.

In addition, with the implementation of the new delivery service model, Paramedic Rescue Squads, the approved rank of Firefighter/Paramedic and the Firefighter/EMT, the Department is focusing on Emergency Medical Care Skill Development. This includes up-to-date policies and medical practices, innovative medical technology training, preparation of Emergency Medical Technicians in becoming Paramedics, enhancing services and focusing on recruitment and retention. The Department currently has an educator that fits the organization’s needs. This educator will assist in supporting the Emergency Medical Services Division, while maintaining educational and training records, so the Department can meet its regulatory audit requirements, as well as work in partnership with the Los Angeles County Department of Health Services EMS Agency and other LA County Prehospital Colleagues.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

The Department's staff conducted the necessary research to ensure that the vendor/consultant continues to meet the necessary needs and requirements of the fire department, and supports in maintaining the best standards of practice. Therefore, continuing services by the Regents of the University of California, UCLA Center for Prehospital Care Educational and Training Program, will ensure continuity and noninterruption to educational credits, mandatory training and other requirements that will ensure compliance with the State and County emergency medical service regulations (ATTACHMENT C).

SUMMARY:

Upon approval by the City Council of the recommended actions, Staff will increase the purchase order to the new not-to-exceed amount of $58,819.00. Sufficient funding exists in the FY 2024-25 budget for these related services, therefore a budget amendment is not needed to accommodate the additional work, as these services are needed on an annual basis to maintain the operations of the Fire Department Emergency Medical Services.

ATTACHMENT(S)

1. Attachment A - Professional Services Agreement No. 4213 - UCLA

2. Attachment B - UCLA-MBFD Services Agreement 05.31.2024

3. Attachment C- Regents of the University of California on behalf of the UCLA Center for Prehospital Care (“UCLA”) Sole Source Declaration

ATTACHMENT A

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4213

WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON

BEHALF OF THE UCLA CENTER FOR PREHOSPITAL CARE
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on June 1, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) on behalf of the Montebello Fire Department (“Department”) and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA on behalf of the UCLA CENTER FOR PREHOSPITAL CARE (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide continuing education in pre-hospital and emergency medicine services for Department personnel to maintain licensure as EMT-Basic and Paramedic (the “CE Programs”); and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.

2. CONSULTAN’s Service Agreement (Exhibit “A”)

3. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions in CONTRACTOR’s Service Agreement, as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To

PROFESSIONAL SERVICES AGREEMENT NO. 4213

the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all that is necessary to provide the services as set forth fully in Exhibit “A” (the “Professional Services”). c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in Exhibit “B” (the “Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire January 31, 2029, unless terminated earlier as hereinafter provided.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorneyclient privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this

PROFESSIONAL SERVICES AGREEMENT NO. 4213

Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”) or Department designee.

SECTION 7. CITY SUPERVISION.

The City Manager or Department Designee shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving sixty (60) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “nonrefundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

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

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

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which

PROFESSIONAL SERVICES AGREEMENT NO. 4213

may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.
a. The CITY agrees to defend, indemnify, and hold harmless the CONSULTANT, its officers, employees and agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the CITY, its officers, employees or agents, including the Department.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

b. The CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its officers, employees and agents, including the Department, from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the CONSULTANT, its officers, employees or agents.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
 Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $5,000,000 per accident for bodily injury and property damage. Worker’s Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.  Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for

PROFESSIONAL SERVICES AGREEMENT NO. 4213

non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

PROFESSIONAL SERVICES AGREEMENT NO. 4213

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

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. 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

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

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via email (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Fire Department
Attn: Angélica Palmeros, Deputy Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625
Email: [email protected]
If to Consultant: Contract Manager
UCLA Center for Prehospital Care
1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

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

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that subconsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status,

PROFESSIONAL SERVICES AGREEMENT NO. 4213

national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

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

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
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