8/16/2024 12:34:49 PM Page 18 of 20
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides informa tion on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
8/16/2024 12:34:49 PM Page 19 of 20
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Adam Mitchell
Title: Sergeant Media Contact: Yes
Phone: (323) 430-3203
Email: [email protected]
2. Vanessa Padilla Nava
Title: Grants and Project Administrator Media Contact: Yes Phone: (323) 887-1238
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT25182
GRANT DETAILS
Grant Number: PT25182
Agency Name: Montebello Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $150,000.00
Authorizing Official: Paul Espinosa
Fiscal Official: Michael Solorza
Grant Director: Monique Dellibovi
8/16/2024 12:34:49 PM Page 20 of 20
Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name
Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Monique M. DelliBovi (Aug 26, 2024 14:25 PDT)
Monique M. DelliBovi
Aug 26, 2024
Monique M. DelliBovi (Aug 26, 2024 14:30 PDT)
Monique M. DelliBovi
Monique M. DelliBovi
Aug 26, 2024
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2479 AMENDING CHAPTER 8.40 OF THE CITY OF MONTEBELLO
MUNICIPAL CODE REGARDING REGISTRATION AND
MAINTENANCE OF VACANT AND ABANDONED COMMERCIAL,
INDUSTRIAL, AND RESIDENTIAL PROPERTIES
DATE: October 9, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Waive Second Reading and Adopt Ordinance No. 2479 amending Montebello Municipal Code (“MMC”) Chapter 8.40, establishing new regulations regarding the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties; and
2. Determine and find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, and is not considered a “project” under CEQA Guidelines Section 15378 as there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The Ordinance would establish monitoring fees as part of the proposed monitoring program ranging from $500 to $1,000 per month for commercial vacant properties, and $100 per month for vacant residential properties with the potential for certain exemptions as described in the proposed Ordinance No. 2479 (Municipal Code Chapter 8.40.100(B)).
In addition, the existing registration fee of $120/year -- established by Resolution No. 09-
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
58 -- will remain in effect.
When non-compliance occurs resulting in abatement, liens will be placed on properties allowing for eventual recovery of expenses related to those abatement efforts. The implementation of the abatement program will ensure that the City has the tools and resources needed to effectively monitor and regulate vacant properties Citywide to preserve the quality of life for residents and stakeholders within the City.
The proposed Ordinance is expected to incur costs related to the abatement of blighted properties, including dedicated staff time, cleanup and securing vacant properties, as well as monitoring and coordination for potential activation through economic development efforts. For example, a recent property requiring abatement incurred expenses of $52,000 for staff coordination, contract cleaning services, supplies, etc. Funding for abatement efforts that will be required per the proposed ordinance was not included in the Fiscal Year 2024-25 budget. If the municipal code is amended and the abatement program is put in place, then Staff will monitor the time and materials spent on the various abatement efforts. Staff will then return at a later point in the fiscal year to amend the FY 2024-25 budget if necessary to increase appropriations for the Community Development and Public Works Departments. In addition, future budgets will be built with sufficient funding for enforcement of the various abatement efforts. The registration and monitoring fees collected will help offset program related expenses.
BACKGROUND/DISCUSSION:
On March 25, 2009, the City Council approved Ordinance No. 2329 to address the maintenance and security concerns associated with abandoned and vacant properties and preserve the aesthetic appearance of Montebello. At the time, the City of Montebello faced a significant increase in foreclosures, resulting in numerous residential and commercial properties becoming neglected. The ordinance aimed to mitigate the impacts of blighted properties on neighborhood aesthetics, property values, and public safety. In summary, the ordinance requires property owners to register their properties with an annual registration fee of $120, which is valid for one calendar year (established by Resolution No. 09-58) The registration fee is due on or before January 1st each year and must be received no later than January 31st.
Since its adoption, the City has observed a continued rise in complaints related to abandoned and vacant properties. This trend has led to increased concerns about the negative effects on property values, health, safety, and the general welfare of the community. Additionally, many vacant properties throughout the City have remained poorly maintained, exacerbating blight issues and contributing to a decline in neighborhood aesthetics.
Per direction from the City Council, staff conducted a review of the current ordinance and identified areas where the existing regulations could be enhanced. Key issues include inadequate property security, frequent unauthorized access to vacant properties, accumulation of debris, and overgrown vegetation, all of which have been recurring problems. These conditions have also strained City resources, particularly within the Planning and Community Development Department - Code Enforcement Division and
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
Public Works Department.
As part of this review, the proposed amendment seeks to implement more stringent maintenance and security requirements for abandoned properties as well as incentivize activation of vacant storefronts, ensuring these properties do not become public nuisances.
On September 3, 2024, as part of the City’s outreach efforts for the proposed ordinance, it was presented to the Montebello Chamber of Commerce's Economic Development Committee. The Chamber’s Committee expressed support for the ordinance, recognizing its importance in addressing the challenges posed by vacant and abandoned properties within the City.
On September 17, 2024, the Planning Commission held a duly noticed public hearing and approved Planning Commission Resolution No. 11-24 recommending that the City Council adopt an ordinance amending Chapter 8.40 of the Montebello Municipal Code related to the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties.
On September 25, 2024, the City Council held a duly noticed public hearing and unanimously approved the first reading of Ordinance No. 2479 to amend Chapter 8.40 of the City of Montebello Municipal Code (MMC) regarding registration and maintenance of vacant and abandoned commercial, industrial and residential properties.
ENVIRONMENTAL:
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed ordinance amending MMC Chapter 8.40 (Abandoned Property and Vacant Lots) does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Text Amendment is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
ANALYSIS:
The presence of abandoned and vacant properties within the City of Montebello has contributed to neighborhood blight, decreased property values, and increased public safety concerns. The lack of adequate security and maintenance on these properties attracts unlawful activities such as trespassing, vandalism, and illegal dumping, which burdens City resources. These properties, often left unattended during lengthy foreclosure or default proceedings, become eyesores, and negatively affect the quality of life for surrounding residents.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
The Abandoned Property and Vacant Lots Ordinance (Ordinance No. 2329), enacted on March 25, 2009, established a framework for registering and maintaining vacant and abandoned properties. This ordinance aims to reduce the negative impacts of such properties by holding owners accountable for their upkeep. Despite these measures, the City has observed ongoing issues, including insufficient compliance, recurring nuisances, and the use of abandoned properties for illegal activities.
The proposed amendment to Municipal Code Chapter 8.40 et al seeks to, among other things, build upon the 2009 ordinance by further strengthening maintenance, security, and enforcement requirements for vacant lots and properties causing nuisances and blight in the community. The proposed Ordinance includes the following enhancements:
1. Mandatory Registration: All vacant and abandoned properties must be registered with the City, ensuring up-to-date contact information for responsible parties, which facilitates enforcement of maintenance and security requirements.
2. Enhanced Maintenance Requirements: Owners will be required to maintain vacant properties to neighborhood standards, including landscaping, debris removal, and addressing graffiti. For unimproved vacant lots and properties, landscaping plans will be required, providing aesthetic improvement to mitigate blight and enhance neighborhood appearance.
3. Improved Security Measures: Properties must be secured against unauthorized access through fencing, boarding of windows, or other security mechanisms. Additionally, weekly inspections will be mandatory to ensure compliance, reducing opportunities for criminal activity.
4. Enforcement of Compliance: The ordinance allows for stricter penalties for non-compliance, including the placement of liens on properties to recover City- incurred abatement costs. This ensures that the City has the resources to address these issues without burdening taxpayers.
5. Collaboration with the City: Incentivize the activation of vacant commercial spaces by hosting pop-up events or attracting qualified temporary tenants by waiving monitoring fees and promoting economic development.
6. Establish a Monitoring Program: The fees associated with the monitoring program will include fees for commercial vacant properties ranging from $500 to $1000 per month, and fees for residential properties set at $100 per month.
These fees would be charged to property owners for property that has been vacant for more than 90 days and which does not qualify for those exemptions listed in the proposed ordinance (see Section 8.40.120 of the proposed Ordinance, included under Attachment A). It is important to note that these fees were established based on a methodology that looked at dedicated staff time at fully burdened rates.
On September 3, 2024, as part of the City’s outreach efforts for this ordinance, the Economic Development Division presented the proposed ordinance modifications to the Montebello Chamber of Commerce's Economic Development Committee. The Committee expressed their support for the proposed revisions, recognizing its importance
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
in addressing the challenges posed by vacant and abandoned properties in the City.
On September 17, 2024, the Planning Commission took action regarding Resolution No. 11-24 recommending that the City Council adopt an ordinance amending Chapter 8.40 of the Montebello Municipal Code related to the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties. (Attachment B)
In recent years, the City has received increased complaints related to abandoned properties, including reports of illegal dumping, graffiti, and unkempt lots/properties, which diminish the aesthetics of neighborhoods and attract unwanted activities in addition to creating blight. As of September 10, 2024, the Code Enforcement division has documented a total of 32 vacant properties located within City boundaries. The proposed ordinance amendments will provide Code Enforcement and other departments with more effective tools to monitor, manage, and enforce the proper upkeep of these properties.
Research on Surrounding Cities’ Municipal Code
To understand how neighboring cities address the issue of abandoned and vacant lots and properties, City staff researched their municipal codes. Based on City staff findings, the following key points were identified:
1. City of Pico Rivera
The City of Pico Rivera, implemented an amendment aimed at updating and addressing property maintenance issues related to structures, landscaping, and parking area maintenance. The purpose of the amendment and the subsequent changes was to improve the overall quality of life for residents, business owners, and property owners in the City of Pico Rivera. This ordinance clarifies public nuisance definitions and adds property maintenance provisions to ensure properties are maintained to high standards, enhancing community beautification and promoting economic stability.
2. City of Rosemead
The City of Rosemead has an ordinance addressing vacant properties. This ordinance requires property owners to maintain vacant lots, whether improved or unimproved, in a clean and secure condition. Key provisions include landscaping, irrigation, fencing, and weekly inspections to ensure compliance. This ordinance aims to prevent neighborhood blight and protect public health, safety, and welfare by holding property owners accountable for the upkeep of vacant lots.
3. El Monte
The City of El Monte established a Vacant Building Security and Maintenance Program.
This ordinance requires owners to secure, maintain, and actively monitor vacant buildings or structures that have been unoccupied for more than 30 days. The ordinance includes specific maintenance provisions, such as landscaping, graffiti removal, and the boarding
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
of windows and doors, aimed at preventing blight and ensuring that vacant properties do not become a nuisance to the surrounding community.
The table below provides a summary of the proposed changes to Municipal Code Chapter 8.40 et al:
CURRENT ORDINANCE PROPOSED ORDINANCE
Vacant properties must be registered but
there are no specific timelines for
registration and maintenance.
Requires registration within 90 days of a
property becoming vacant or abandoned,
with mandatory maintenance standards.
Limited maintenance requirements that do
not specify detailed security measures.
Introduces comprehensive maintenance
and security requirements, including
mandatory fencing, weekly inspections,
and security patrols for properties vacant
over 180 days.
No specific penalties or monitoring
programs for non-compliance.
Implements a monitoring program with
fees, along with penalties for non-
compliance, and mandates regular
reporting and updates from property
owners.
Exemptions are vague and do not clearly
address temporary vacancies or properties
under development.
Clarifies exemptions for properties with
active permits, under
development, temporary vacancies, or
based on established criteria ensuring
they do not contribute to blight.
N/A
Incentivize the activation of vacant
commercial spaces by hosting pop-up
events or attracting qualified temporary
tents by waiving monitoring fees and
promoting economic development.
CLEAN Task Force
To enhance the City’s efforts in tackling abandoned properties and vacant lots, a new task force will be established. The CLEAN (City Leading Efforts Against Non- Compliance) Task Force will be a Citywide initiative focused on improving quality of life issues such as vacant property maintenance, illegal dumping, graffiti and homelessness.
It brings together multiple departments -- including Planning and Community Development (specifically Code Enforcement and Economic Development), Public Works, Fire (MCAP), and Police -- to collaborate and focus on eliminating blight and impacted areas resulting from vacant properties.
This initiative serves as a platform focusing on proactive management, ensuring compliance with city ordinances, maintaining public spaces, and enhancing security
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
related to vacant properties. By implementing sustainable solutions and fostering interdepartmental cooperation, the CLEAN Task Force aims to create a cleaner and safer environment across Montebello, ensuring that each department plays a role in maintaining and improving the condition of vacant and abandoned properties. Through this coordinated approach, the CLEAN Task Force initiative highlights the City’s dedication to managing vacant and abandoned properties with a comprehensive, long- term strategy.
SUMMARY:
It is recommended the City Council conduct a second reading and adopt Ordinance No. 2479 amending Chapter 8.40 of the City of Montebello Municipal Code (MMC) regarding registration and maintenance of vacant and abandoned commercial, industrial and residential properties.
ATTACHMENT(S)
1. Attachment A - Ordinance -Vacant and Abandoned Properties
2. Attachment B - CC_09-25-2024_Item No. 4 - Vacant Property Ordinance Presentation
Title 8 - HEALTH AND SAFETY
Chapter 8.40 REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED
COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL PROPERTIESPROPERTY AND VACANT LOTS
Montebello, California, Code of Ordinances Created: 2023-08-07 16:31:21 [EST] ()
Chapter 8.40 REGISTRATION AND MAINTENANCE OF VACANT AND
ABANDONED COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL
PROPERTIESY AND VACANT LOTS
Sections:
8.40.010 Purpose/Sscope.
It is the purpose and intent of the Montebello City Council, through the adoption of this chapter, and subsequent amendments, to establish a vacant property registration and mandatory maintenance program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and/or vacant properties. This chapter is intended to apply to abandoned and/or vacant property located wi thin the City of Montebello.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Abandoned" means real property that is vacant for more than ninety 90-days including propertiesand is under a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or a property that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclo sure and any properties transferred under a deed in lieu of foreclosure/sale and/or is unoccupied and has existing code violations.
"Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall etc.
"Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Accessory dwelling unit" means an independent dwelling unit located in any of the residential zones, and in the case of single -family zoning districts (R -1 and R-A zones), on a lot that has only one previously -existing single -family dwelling unit prior to t he addition of the accessory dwelling unit which is smaller than and visually subordinate to the previously existing single-family dwelling unit, and which may be an internal remodeling of, or attached to or detached from the previously existing single -family dwelling unit. Accessory dwelling units may also be referred to as "second dwelling units" within this title, and both terms may be used interchangeably herein.
ATTACHMENT A
Created: 2023-08-07 16:31:21 [EST]
()
"Agreement" means any agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
"Assignment of rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
"Beneficiary" means a lender under a note secured by a deed of trust. “Blight” means a physical space or structure that is no longer in acceptable or beneficial condition to its community, and which may cause undue hardships, a nuisance, or an erosion of the quality of life to the surrounding area.
"Buyer" means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.
"Days" means consecutive calendar days.
"Deed of trustTrust" means an instrument by which title to real estate is transferred to a third partythird-party trustee as security for a real estate loan. In California, a deed of trust is used instead of a mortgage. This definition applies to any and all subsequent deeds of trust (i.e.: 2nd trust deed, 3rd trust deed, etc.).
"Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
"Default" means the failure to fulfill a contractual obligation, monetary or conditional. “Department” means the Planning and Community Development Department. “Director” means the Director of Planning and Community Development. "Distressed" means a property that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. "Evidence of vacancy" means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, a ccumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
"Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. "Local" means within forty road/driving miles distance of the subject property. "Multiple-family dwelling" means two or more dwelling units, each of which is attached side to side, each one sharing common wall(s) with the other(s), and each containing only one kitchen.
Created: 2023-08-07 16:31:21 [EST]
()
"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred -footthree-hundred-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred-footthree-hundred-foot radius, shall not be counted toward the simple majority.
"Notice of default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of forty road/driving miles distance of the subject property. "Owner" means any person, co -partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorders Office. "Property" means any unimproved or improved real property, or portion thereof, situated in the city City and includes the buildings or structures located on the property regardless of condition.
"Residential property" means any improved real property, or portion thereof, situated in the cityCity, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use.
"Securing" means such measures as may be directed by the city City managerManager, or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/pad locking of gates, the repair or boarding of doors, windows and/or other openings. Boarding shall be co mpleted to a minimum of the current HUD securing standards at the time the boarding is completed or required. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant" means a building, structure, or real property that is not legally occupied. (Ord. No. 2329, § 1, 4-8-2009)
8.40.030 Maintenance of unimproved vacant lots.
Lots that are unimproved due to never having been developed or having become vacant subsequent to the removal of any pre -existing buildings, structures or impervious surfaces shall be subject to the approval of a landscape and irrigation plan by the planning division and shall be improved and maintained at all times in accordance with the following provisions:
A. Lots less than one acre. For unimproved vacant lots that are less than one acre in size, the entire lot shall be improved and maintained in the following manner:
1. For residentially zoned lots, the entire lot shall be maintained using sod, hydro - seed, drought tolerant ground cover or other acceptable ground cover approved
Created: 2023-08-07 16:31:21 [EST]
()
by the planning division. The ground cover shall be maintained in good condition at all times.
2. For commercial or industrial zoned lots, a minimum ten-foot wide ten-foot-wide perimeter landscape planter along all street frontages shall be provided and regularly maintained . All other internal areas may be landscaped or include a decorative hardscape subject to the approval of the planning division.
3. The lot shall be improved with an irrigation system and maintained in good condition at all times.
4. The lot shall be maintained free of litter and debris, including the stockpiling of any material, at all times. Any on -site litter, debris or stockpiling of material shall be immediately removed. The property owner shall be responsible for inspecting the property weekly, orweekly or taking all necessary steps to reasonably ensure that no litter, debris or material stockpiling collects or is maintained on the lot.
5. Any dead or dying vegetation as well as any broken, malfunctioning or non - functioning irrigation components on the lot shall be replaced within seventy -two hours of their discovery. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that there is no dead or dying vegetation or any broken, malfunctioning or non -functioning irrigation components on the lot.
6. Signage with c ontact information for the property owner and/or property management company shall be posted at the subject site pursuant to review and approval of the planning division.
B. Lots one acre or greater. For unimproved vacant lots that are one acre or greater in size, the entire lot shall be improved and maintained in the following manner:
1. A minimum ten-foot wideten-foot-wide perimeter landscape planter along all street frontages shall be provided.
2. All landscape planters shall be improved with an irrigation system and consist of decorative landscaping containing a combination of trees, shrubs, and groundcover, or other acceptable landscaping approved by the planning division.
A landscape and irrigation plan shall be submitted to and approved by the planning division prior to implementation.
3. All on-site landscaping and irrigation shall be maintained in good condition at all times. Any dead or dying landscaping shall be replaced within seventy -two hours of their discovery, including any broken, malfunctioning or non-functioning irrigation components. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that all of the landscaping and irrigation on the lot is maintained in good condition and there are no broken, malfunctioning or non-functioning irrigation components on the lot.
4. A six -foot high decorative, view -obscuring fence shall be installed behind all required perimeter landscaping to secure the lot. If the property owner decides not to install the six-foot high view-obscuring fence, the entire lot shall be landscaped.
In circumstances where the director Director of planning Planning and community Community development Development finds that a higher fence is warranted for adequate security of the site and/or because of usual topographical circumstances
Created: 2023-08-07 16:31:21 [EST]
()
associated with the vacant lot, a fence may be constructed up to a maximum of eight feet high. All fences shall include a security gate to provide accessibility to the lot for the police department or other emergency personnel. A security code for the gate shall be provided to the police department upon installation and shall be kept up-to-dateup to date at all times.
5. Decorative view obscuring fencing may include redwood or cedar fencing, woodcrete, green vinyl chain -link fencing with a green windscreen securely attached, or any other durable, aesthetically attractive, material deemed acceptable by the planning divis ion. Green vinyl chain -link fencing with a green windscreen will not be permitted in residential or commercial zones or zones which abut residential or commercial zones, except as a temporary construction fence with the approval of planning division.
6. All fencing shall be maintained in good condition at all times. Any on -site graffiti shall be removed within twenty-four hours of its appearance. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that the entire lot is free from graffiti.
7. Signage with contact information for the property owner and/or property management company shall be posted at the subject site pursuant to review and approval of the planning division.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.040 Maintenance of vacant property acquired by foreclosure.
Subject to certain amendments and additions as hereinafter set forth in this chapter, the city City council Council references California Civil Code Section 2929.3 which requires a legal owner to maintain vacant residential property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust.
The definition of "failure to maintain" as found in Civil Code Section 2929.3(a)(3)(b) is supplemented and clarified by referencing the conditions designated as public nuisances in Chapter [Section] 8.16.010 and the maintenance and security requirements of [Sections] 8.40.070 and 8.40.080 of the Montebello Municipal Code (Civil Code Section 2929.3(a)(3)(f)). (Ord. No. 2329, § 1, 4-8-2009)
8.40.050 Recordation of transfer of loan/deed of trust/assignment of rents.
Within ten days of the purchase and/or transfer of a loan/deed of trust secured by property, the new beneficiary/trustee shall record , with the Los Angeles County Recorders Office, an assignment of beneficial interest, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust. (Ord. No. 2329, § 1, 4-8-2009)
Created: 2023-08-07 16:31:21 [EST]
()
8.40.060 Registration of vacant properties under notice of default.
A. Property owner’s obligation to register vacant or abandoned commercial properties or storefronts. The owner of a vacant or abandoned commercial storefront shall, within ninety (90) days after it has become vacant or abandoned, register the property with the City on a prescribed form maintained by the Department. The completed form shall be filed with the Department’s Code Enforcement Division with the following information:
1. Describe the methods by which the owner has secured the vacant commercial property or storefront against unauthorized entry;
2. Provide contact information for the subject commercial property including, but not limited to, telephone number for the property owner and those resp onsible for maintaining the commercial property and/or storefront;
3. A description of the most recent authorized use of the commercial p roperty and/or storefront;
4. Declare any future plans for the subject property, commercial use, or storefront; and
5. Provide such other information as the city may require.
B. Properties under notice of default.
Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Montebello, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of defa ult with the Los Angeles County Recorders Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the code enforcement division or his or her designee on forms provided by the cityCity.
If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or his designee, monthly until (1) the trustee or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which t ime it is deemed abandoned, and the trustee shall, within ten days of that inspection, register the property with the code enforcement division on forms provided by the cityCity.
The registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Registration fees will not be prorated.
An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due.
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
Created: 2023-08-07 16:31:21 [EST]
()
Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.
Any person, firm, corporation or any other legal entity that has registered a property under this chapter must report any change of information contained in the registration within ten days of the change.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.070 Maintenance requirements.
Properties subject to this section shall be:
A. Free from all conditions expressly designated as public nuisances in Chapter [Section]
8.16.010.
B. In a condition comparable to the neighborhood standards.
C. Shall comply with all of the landscape and irrigation requirements in Title 17 (Zoning Code) of the Montebello Municipal Code.
D. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. Properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.
Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants conditions and restrictions and/or home owners association rules and regulations which may apply to the property.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.080 Security requirements.
Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage) gates and any other opening of such size that it may allow any person including but not limited to a child to access the interior of the property and or structure(s).
In the case of broken windows , securing means the re -glazing or boarding of the window immediately and within ten days the window shall be replaced.
If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
The property shall be posted with the name and twenty -four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches and shall be of a font that is legible from a distance of forty-five feet and shall contain along with the name and twenty-four-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL .". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or if no such area exists, or on a stake of sufficient size to
Created: 2023-08-07 16:31:21 [EST]
()
support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of, and printed with, weather resistant materials.
Security Patrol Services Required. In addition to all other requirements of this chapter, responsible parties of any real property, building, or structure (or portion thereof), that has been vacant for at least 180 consecutive calendar days shall provide security personnel (fully licensed, registered, and bonded as required by State and local law) as follows:
1. Security patrol services that drive by and inspect the real property for unlawful activity (including unauthorized entry) at least once every 12 hours if there have been less than three instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90-day period;
2. On-site security services during the hours of 7:00 p.m. and 7:00 a.m. if there have been more than four instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90-day period; or
3. On-site security services 24 hours per day, seven days per week if there have been more than five instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90- day period.
The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.090 Additional authority.
In addition to the enforcement remedies established in Chapters 1.12 and 1.14, the city City manager Manager or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on -site inspection frequency, employment of an on -site security guard or other measures as may be reasonably required to arrest the decline of the property. (Ord. No. 2329, § 1, 4-8-2009)
8.40.100 Fees and Registration.
The fee for registering vacant and/oran abandoned property shall be set by resolution of the City of Montebello City Council.
A. Registration
Created: 2023-08-07 16:31:21 [EST]
()
1. The registration and related fee shall be valid for the calendar year, or the remaining portion of the calendar year, in which registration was required. The registration fee shall not be prorated. Any subsequent registration fees shall be due on or before January 1 of each year and must be received by the City no later than January 31 of the year it is due.
2. The registration form shall be prepared and updated as needed by the Department and shall include:
a. The name, street address (P.O. Box is unacceptable), and mailing address for all beneficiaries and/or trustees.
b. Direct contact name, telephone number, and email address for the owner and responsible party managing the property or handling any legal proceedings. c. The name, street address, telephone number and email address of the property management service responsible for security and maintenance of the real property including contact information for agents or representatives responsible for marketing the property.
d. A statement of intent to address the following requests:
i. The expected period of vacancy;
ii. A detailed plan for the regular maintenance of the real property during the period of vacancy;
i.iii. A timetable for the lawful re-occupancy of the real property during the period of vacancy;
B. Monitoring Fees
1. The fees established for the monitoring program pursuant to the provisions of this chapter shall be separate and apart from, and in addition to, any registration fees or administrative penalties required or otherwise assessed pursuant to the provisions of this chapter.
2. Because of the potential economic and public health, welfare, and safety problems caused by vacant buildings/property, the City needs to monitor vacant buildings/properties, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and outside, and do not become a blighting influence in the neighborhood or surrounding area. The primary responsibility for monitoring will be delegated to the Planning and Community Development Department, and will include participation from the fire department, police department, and public works department. There is a substantial cost to the cCity for monitoring vacant buildings/properties (whether or not those buildings are boarded up), which should be borne by the owners of said property. The fees for a monitoring program pursuant to the provisions of this chapter shall be separate from and in addition to any registration fees or administrative penalties required or otherwise assessed pursuant to this chapter.
Created: 2023-08-07 16:31:21 [EST]
()
3. Monitoring program fees established. The following fee schedule has been established to effectively manage and maintain an adequate and efficient monitoring program and task force to preserve public health and the economic vitality of the City:
Description Amount
Commercial Vacant Property
Monitoring Fee
$500 per month for the first six months with
the addition of $20.00 per month for each
additional month capping out at $1,000.00
per month.
Residential Vacant Property
Monitoring Fee
$100.00 per month
4. Fee waiver. The Department may issue a fee waiver for any fees associated with the monitoring program, if any of the following activities are being conducted by existing ownership:
a. The vacant commercial space is activated with pop-up events, or qualified temporary tenants, subject to review and approval of the Planning Division, who operate from the vacant space for more than 25 percent of any calendar month.
b. There are permitted on -going construction activities or improvements to the vacant property.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.110 Monitoring program and purpose.
A. Vacant buildings and/or properties are a major cause and source of blight, especially when the owner of the subject property fails to maintain and manage existing structures and the property as a whole to ensure that it does not become a liability to the surrounding area. Vacant buildings/properties often attract undesirable activity including unlawful activity which creates unsafe conditions and hazards for the surrounding properties .
Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry and other long-term vacancies discourage economic development and create challenges for appreciation of property values.
B. Monitoring program established. A program to monitor commercial properties is hereby established. The Director, or his or her designee, shall be responsible for establishing and implementing a coordinated monitoring program to ensure the provisions of the Montebello Municipal Code are enforced.
C. The monitoring program shall include a task force intended to establish an open line of communication between City departments and ownership to address all vacant
Created: 2023-08-07 16:31:21 [EST]
building/commercial properties and/or storefronts that are in violation of this chapter, or which are deemed to be a blight to the community.
D. Monitoring program and task force duties. The Director, or his or her designee, has the duty and responsibility to do the following:
1. Inspect properties in the City to identify vacant commercial properties and/or storefronts.
2. Order vacant commercial buildings/properties to comply with this chapter and any other applicable code provisions.
3. Oversee the task force to ensure all respective cCity departments are engaged in efforts associated with the monitoring program and provide updates to the City Manager as needed.
4. Order vacant commercial properties and/or storefronts that are open and accessible to be secured against unlawful entry in accordance with this chapter.
5. Order the property on which the vacant commercial property and/or storefront is located to be properly maintained or clear of trash and debris.
6. Initiate enforcement proceedings against the owner of any vacant commercial building/property found to be in violation of this chapter or any other applicable code.
7. Maintain surveillance over vacant commercial buildings/properties and/or storefronts so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
8. Establish and enforce rules and regulations for the implementation and compliance with this chapter.
9. Identify blighted properties and initiate proceedings in coordination with the City Attorney’s office against the property owner.
8.40.120 Exemptions
A. The Director of Planning and Community Development or his or her designee, at his or her discretion may grant an exemption of the requirements of the Monitoring Program to multi-tenant commercial and industrial properties with four (4) or more licensed units.
B. The requirements of this chapter shall not apply to multi-family residential dwellings and accessory dwelling units (ADU).
C. Notwithstanding the foregoing, a commercial property/building and/or storefront shall not be considered vacant or abandoned if:
1. There is a valid building permit for improvements, including but not limited to, repair, rehabilitation, or construction of the commercial building/property and/or storefront and the owner of the subject property completes the work associated with said building permit within one year from the date the permit was issued, unless the Director, determines that
Created: 2023-08-07 16:31:21 [EST]
the owner requires additional time to complete the work authorized pursuant to the building permit; or
2. The owner or leaseholde r has filed an application for, and is actively seeking to obtain authorization, permits, or licenses required by State, County, or local law permitting the lawful use and occupancy of the commercial building and/or storefront; or
3. The commercial building/property and/or storefront complies with all provisions of this chapter as well as State, County, and local laws, and does not contribute to blight as defined in Section 8.40.020 of this chapter, and is ready for immediate occupancy, and the owner provides satisfactory evidence to the Department that the commercial building/property and/or storefront is actively being offered for sale, lease, or rent , and it has not been vacant and/or abandoned for more than six months . Satisfactory evidence shall include, but is not limited to, evidence that the owner has hired a real estate agent or other rental agent who advertises the commercial property and/or storefront for sale, lease, or rent to achieve occupancy.
8.40.1310 Enforcement.
Violations of this chapter may be enforced in any combination as allowed in Chapters 1.12 and 1.14. The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.1420 Appeals.
Any person aggrieved by any of the requirements of this section mymay appeal insofar as such appeal is allowed under Chapter 1.14.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.1530 Violation/penalty.
Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1 .12 and 1.14. Fines and penalties collected pursuant to this section shall be directed to city City nuisance abatement programs.
(Ord. No. 2329, § 1, 4-8-2009)
8.40.1640 Severability.
Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect.
(Ord. No. 2329, § 1, 4-8-2009)
CITY COUNCIL MEETING - SEPTEMBER 25, 2024
PUBLIC HEARING – ITEM NO. 4
AMENDING CHAPTER 8.40 OF THE MONTEBELLO MUNICIPAL CODE
REGISTRATION/MAINTENANCE OF VACANT /ABANDONED PROPERTIES
ATTACHMENT B
CLEAN TASK FORCE
PURPOSE:
Citywide Initiative: The CLEAN Task Force is designed to address nuisances impacting the quality of life for the Montebello community.
Unified Approach: Brings together various City departments for a coordinated effort to manage urban challenges.
KEY DEPARTMENTS INVOLVED:
Planning and Community Development:
Focuses on compliance with City
ordinances/regulations and working with
property owners to activate vacant spaces.
Public Works: Manages public spaces,
infrastructure, and maintenance.
Fire Department (MCAP): Addresses fire
safety concerns and providing resources
to vulnerable populations.
Police Department: Enhances security
and addresses criminal activities related to
vacant properties.
OBJECTIVES
:
Proactive Management: Address and
mitigate issues like vacant property
maintenance, illegal dumping, graffiti, and
homelessness.
Sustainable Solutions: Implement long-
term strategies to ensure a cleaner, safer
city environment.
Collaboration: Encourage inter-
departmental communication and
cooperation to maximize efficiency and
effectiveness.
Why?
Growing Challenge: Surge in vacant and abandoned properties leading to blight and safety concerns within the community.
Resident Concerns: Increasing complaints about safety, aesthetics, and community well-being.
Urgency for Action: Highlighting the need to protect neighborhoods and improve quality of life.
Recognizing the urgent need for action, the proposed ordinance seeks to strike a balance between resident concerns and the broader goal of fostering a safe, clean, and harmonious Montebello.
What?
❏ Blight Conditions: Vacant and Abandoned properties contribute to neighborhood decline and lower surrounding property values.
❏ Safety Hazards: Unsecured properties attract illegal activities, posting safety risks to the community.
❏ Neighborhood Disruption: Poorly maintained properties negatively impact the community’s appearance and quality of life.
❏ Ineffective Regulations: Current municipal codes provide outdated, unclear, and are difficult to enforce property maintenance and security.
Exploring these challenges, it becomes evident the current municipal code struggles to address the complexities of registration/maintenance of vacant and abandoned commercial, industrial, and residential properties.
Ordinance
CURRENT ORDINANCE PROPOSED ORDINANCE
Vacant properties must be registered but there are no
specific timelines for registration and maintenance.
Requires registration within 90 days of a property becoming vacant or abandoned, with mandatory maintenance standards.
Limited maintenance requirements that do not specify
detailed security measures.
Introduces comprehensive maintenance and security requirements, including mandatory fencing, weekly inspections, and security patrols for properties vacant over 180 days.
No specific penalties or monitoring programs for non-
compliance.
Implements a monitoring program with fees, along with penalties for non- compliance, and mandates regular reporting and updates from property owners.
Exemptions are vague and do not clearly address
temporary vacancies or properties under development.
Clarifies exemptions for properties with active permits, under development, or temporary vacancies, ensuring they do not contribute to blight.
N/A Incentivize the activation of vacant commercial spaces by hosting pop-up events or attracting qualified temporary tenants by waiving monitoring fees as well as economic development opportunities to find long-term solutions.
ABATEMENT EFFORTS
AFTER:BEFORE:
2302 W. WHITTIER BLVD – CAR WASH
Thank You
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Acting Director
SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS NO. 25-03 FOR
VEHICLE BODY REPAIR AND PAINTING SERVICES
DATE: October 9, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve issuing Request for Proposals (RFP) No. 25-03 for Citywide Vehicle Body Repair and Painting Services; 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. 25-03 for citywide vehicle body repair and painting services (Attachment A). Once a vendor is selected for award, the City Council may be requested to consider approving an agreement and amending the Fiscal Year 2024-25 adopted operating budget as needed to appropriate funds. Subsequent fiscal year budgets will be developed to incorporate the necessary appropriations for these services.
BACKGROUND/DISCUSSION:
The City of Montebello provides as-needed vehicle body repair and painting services for over 200 City-owned vehicles across various departments, including Police, Parks and Recreation, Public Works, and Transportation. On November 10, 2021, the City awarded Professional Services Agreement No. 3936 to A and A Fleet Painting Inc., for a three- year term, in response to the City’s Vehicle Body Repair and Painting Services Request for Quotes (RFQ) No. 21-55.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
Since Agreement No. 3936 expires on November 10, 2024, RFP No. 25-03 will be issued to solicit proposals for citywide vehicle body repair and painting services. This RFP aims to secure a vendor to provide specific auto-body repair and painting services for Montebello Bus Lines (MBL) and as-needed services for all other City-owned vehicles.
The proposed term of the awarded agreement will be for three (3) years with an option to extend up to two (2) additional years.
The selected vendor must have at least five (5) years of relevant experience and operate a fully compliant auto-body shop. The range of services provided will include, but not be limited to, general auto body repair, dent removal, component replacement, painting, decal application, glass repair, and collision damage restoration. The selected vendor will be responsible for ensuring all repairs are completed to the highest standards, including the use of multiple coats of primer and state-of-the-art paint matching systems to guarantee a professional finish. In addition, the selected vendor must meet stringent legal and regulatory compliance requirements, including maintaining a fully equipped auto body shop with secure storage and modern welding equipment. Proposals will be evaluated on a combination of price and qualitative factors, including the vendor's management plan, qualifications, technical approach, and experience of personnel.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend that the City Council approve issuing RFP No. 25-03 (Attachment A) for vehicle body repair and painting services; and direct staff to take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. ATTACHMENT A - RFP No. 25-03
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 25-03
VEHICLE BODY REPAIR AND PAINTING SERVICES
October 10, 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
ATTACHMENT A
RFP No. 25-03
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS
9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-18
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-22
SECTION 5 - QUALIFICATIONS 22
RFP No. 25-03
3 Montebello Bus Lines
SECTION 6 - FORM OF CONTRACT 23-33
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 34
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. 25-03
4 Montebello Bus Lines
INTRODUCTION
The City of Montebello (City) is soliciting proposals from highly qualified vendors ( vendors) to provide vehicle body repair and painting services for over 200 City-owned and operated vehicles on an as-needed basis. It is essential to maintain all operated vehicles and equipment in an effort to ensure the city provides reliable and efficient public services to the residents of Montebello and neighboring communities.
The city operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third -largest municipal bus system in Los Angeles County, MBL proudly serves 2.6 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
The City’s intent of this Request for Proposal (RFP) is to solicit a vendor to provide auto body repair and painting services for all City-owned vehicles on an as-needed basis. The Vendor must have a minimum of five (5) years of recent experience performing similar work/services. The city seeks to form a partnership with a vendor committed to delivering exceptional results while adhering to safety and environmental standards. The City reserves the right to increase or decrease the quantity listed and to delete any item from the contract.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
RFP No. 25-03
5 Montebello Bus Lines
DATE: October 10, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 25-03
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
VEHICLE BODY REPAIR AND PAINTING SERVICES
The City of Montebello (City) , Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced vendors, licensed in the State of California, to supply and deliver fleet/utility vehicles. The project's scope of work is to supply and deliver
The term of the proposed agreement shall be a three-year (3-year) term, with the option to extend for an additional two (2), one-year (1-year) terms, commencing upon the date of execution between the City and the successful vendor.
A Pre-Proposal Meeting will be held on Tuesday, October 22, 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 designat ed 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 Pro posers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in - person will not receive a response.
Proposals must b e received by 12:00pm Pacific Standard Time , on Thursday, November 14, 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
RFP No. 25-03
6 Montebello Bus Lines
affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.
The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: John Soria
Title: 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 (30-90 Days)
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday October 10, 2024
Pre-Proposal Meeting Tuesday October 22, 2024, at 3:00 PM PST Deadline to Submit Questions Tuesday October 29, 2024, at 12:00 PM PST Responses to Questions Provided Tuesday November 5, 2024 Deadline to Submit Proposals Thursday November 14, 2024, at 12:00 PM PST Presentations & Intent to Award December 2024 /January 2025
RFP No. 25-03
7 Montebello Bus Lines
PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
RFP No. 25-03
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 12:00 p.m. on Thursday, November 14, 2024.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-mentioned 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. 25-03
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 tha n 12:00 pm, T uesday, October 29, 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. 25-03
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 perfo rmed. 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. 25-03
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 any and all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.
The City shall not in any way be liable or responsible for the disclosure if required to do so by law.
JOINT OFFERS
Where two (2) or more Proposers desire to submit in response to this RFP, they shall do so on a prime - sub contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
RFP No. 25-03
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 sub -contractors of successful proposer shall abide by all the requirements set forth in this section.
SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful proposer.
RFP No. 25-03
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 p rofessional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful vendor (the “Vendor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Vendor and MBL.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.
Payment will be made within thirty (30) days after acceptance and approval of invoice.
Payment Schedule: Monthly
Provide (1) One invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.
Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Vendor five (5) days’ written notice thereof. Upon termination, MBL shall pay the Vendor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to affect such termination, determined in accordance with Part 1 -8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Vendor a percentage of the project, which relates to contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.
In the event the Vendor breaches the terms or violates the conditions of the contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The vendor shall be liable for all costs incurred by MBL because of such default.
SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Vendor provide complete services of the type prescribed. Any items omitted from such specifications which are clearly necessary for the
RFP No. 25-03
14 Montebello Bus Lines
completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Vendor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.
AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) will be awarded to the responsive and responsible proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shal l exist until the City C ouncil or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.
The City may negotiate contract terms with the selected proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal 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:
RFP No. 25-03
15 Montebello Bus Lines
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 ap proach, 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 sho uld 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 e vidence 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 two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then present the cost and p rice 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 cos t/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
RFP No. 25-03
16 Montebello Bus Lines
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 b e rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the proposer’s knowledge of the standards outlined in the Scope of Work.
20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of bulk fueling services.
10 points
3 Qualifications and Experience
Demonstrate experience completing bulk fueling services of the same or similar magnitude. Presentation of a catalog of bulk fueling services experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objective s, 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
RFP No. 25-03
17 Montebello Bus Lines
SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Vendor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Vendor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Vendor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $150 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 50% of the bid price.
In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject all proposals, or part of any proposal, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of the proposals, 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 dam ages occasioned by s uch withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
RFP No. 25-03
18 Montebello Bus Lines
Performance Guarantee
A Performance Guarantee in the amount of 50% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.
The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the cont ract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Vendor to increase the amount of the existing bond or to obtain an additional bond.
If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor is in default under the Contract.
RFP No. 25-03
19 Montebello Bus Lines
SECTION 4 – SCOPE OF WORK
PROJECT DESCRIPTION
The Request for Proposal 25-03 (RFP No. 25-03) seeks a Vendor to provide auto body repair and painting services for all City-owned vehicles on an as-needed basis. The Vendor must have a minimum of five (5) years of recent experience performing similar work/services. The work will be performed at the Vendor’s auto body shop unless otherwise agreed to in writing by the city. Compensation will be based on the cost sheet proposed in the Vendor’s bid form (see Exhibit D).
Auto Body Repair and Painting
The Vendor will provide auto body repair and painting services for City-owned and operated vehicles (e.g. conventional, transit, and passenger vehicles) and equipment, including, but not limited to, general auto body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement, painting vehicle bodies, and other repair services.
Bent parts are to be straightened and reinforced or replaced if necessary. If vehicle decals are damaged, the Vendor will obtain new decals from the City and apply new decals to the repaired vehicle. Decal removal and installation will be included in the repair estimate.
All auto body work will receive at least three (3) coats of primer: two (2) during bodywork repair, and a minimum of one (1) during the painting process.
Painting Process Requirements
The painting process will utilize the latest state-of-the-art painting and paint matching systems, mixing tools, and spraying tools and consist of the following in the order listed:
1. Primer
2. Base Coat
3. Clear Coat (either Solvent or Water-Based)
Acceptable Paint Manufacture:
All paints used will be supplied from a qualified and reputable paint manufacturer, including, but not limited to, Diamont, DuPont, Duramix, Kustom Shop, PPG, and Sherwin-Williams. The Vendor will provide the name of the paint manufacturer used in each estimate.
General Auto Body Shop Requirements:
The Vendor will have a complete auto body shop that meets the following minimum requirements:
A. Legally be able and authorized to perform complete auto body repairs, as well as paint vehicles and equipment.
B. Federal, State, and Local licenses and/or certifications are current and in good standing.
C. Maintain a paint booth in legal compliance with all applicable laws and regulations.
D. Maintain a secure storage area for all City-owned vehicles and have a 24/7 centrally monitored alarm system and outdoor security cameras.
RFP No. 25-03
20 Montebello Bus Lines
E. Possess a MIG and TIG welder or other electric spot-welding equipment for auto body welding.
Gas welding is not acceptable. The Vendor will ensure that the vehicle computer systems are disconnected from the vehicle prior to any welding operation. The Vendor is to replace, at his/her expense, any onboard vehicle computer damaged by not disconnecting the computer before any welding operations.
F. Be available during normal business hours Monday through Friday, 8:00 AM to 5:00 PM.
Estimate Process Requirements:
The Vendor will provide an estimate for auto body repair and painting on an as-needed basis as requested.
All repairs will be approved by the City in writing prior to work being performed. A notice to proceed will be provided in the form of a purchase order.
Prior to any repair, the Vendor and Vehicle Maintenance Manager will conduct a vehicle inspection to identify and describe the condition of the vehicle and list the detailed description on the estimate. The Vendor will assume full liability and responsibility for all vehicles and contents (including radios and other standard or installed equipment) placed in its custody by the City under the agreement.
A. Year, make, model, and mileage of the vehicle
B. License plate number, VIN number, and City identification number C. In BOLD, state the estimate is in relation to an incident and note the incident report number and date, if applicable
D. Itemized list of description of work to be performed E. Estimated number of labor hours of task
F. Itemized list of parts and paint materials costs
G. All incidentals or miscellaneous shop supplies and charges will be included and priced accordingly
H. Sales tax and total repair estimate
I. Approximate schedule to complete the repairs after receiving a notice to proceed J. If applicable, any recommendations for future repairs K. All estimates will be provided from an applicable industry standard Collision and Estimating Reference Guide used by insurance appraisers. The Vendor will provide the name and version of the guide or software used.
Parts:
All parts used to provide auto body repair will be new Original Equipment Manufacturer (OEM). All incidentals, materials, shop supplies, and charges will be included in the Vendor’s hourly rate. The Vendor will furnish new unused OEM auto body parts, mater ials, and labor as required in accordance with the provisions and specifications contained herein.
Alignment:
The Vendor agrees to perform realignment of all vehicles when needed. This will be a thrust alignment for frame vehicles and four -wheel alignment for unibody vehicles. A printout of the readings after the alignment will be included in each repair order. Th e Vendor will ensure personnel or sub -contractor are qualified to perform alignment work.
RFP No. 25-03
21 Montebello Bus Lines
Framework:
The Vendor agrees to perform frame straightening of all vehicles when needed. The Vendor will ensure personnel or sub-contractor is qualified to perform all frameworks.
Airbag Components:
All airbag components will be replaced with NEW OEM parts when the decision has been made to replace the components.
Major Repairs:
If the metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced with new metal or plastic that is equal to or greater than the original thickness of the component.
Warranty:
The Vendor will specify warrantable periods for materials and work performed. Unsatisfactory repairs include, but are not limited to, paint swirls, fisheye blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfection in auto body work or paint finish.
Pickup and Delivery:
The Vendor will prompt free pickup and delivery of vehicles and equipment, including vehicle tow as necessary, when repairs or painting are required. The repaired vehicles will be returned to the City’s Transportation Department by personnel with the knowledge necessary to review and discuss the quality or completeness of the repairs and review the vehicle condition report with the City’s representative. If it is determined that the vehicle is not repaired properly, the vehicle will be returned to the Vendo r’s auto body shop for repair and delivery at no additional cost to the City. All vehicles will be returned to the City within 24 hours of completion of repairs.
Time for Performance:
Time is of the essence in returning City vehicles to service. The successful Vendor agrees that work assigned under the contract will receive priority over the other work in its auto shop unless specific prior approval has been obtained from the City.
If the City determines that the workload of the Vendor is such that timeliness is not possible in a given situation, the City reserves the unilateral right to solicit for proposals and award to a backup service provider. Repeated assignments to a backup service provider may result in contract termination.
Estimated Amount of Work:
The Vendor will perform such work as required by the City as needs are determined. The City has estimated that $100,000 will be spent on auto body work during each year of the agreement. This figure is only an estimate and is not a binding guarantee of the work to be done under the agreement. Actual requirements may be more or less than the amounts estimated.
During the evaluation phase the city can request a site visit of the location.
RFP No. 25-03
22 Montebello Bus Lines
The items listed in RFP No. 25-03 are for evaluation purposes only. The quantities and items specified are estimates only of the City’s requirements. RFP No. 25-03 intends to provide one comprehensive award for all City vehicles and equipment with a single discount structure. However, the City reserves the right to make multiple contract awards.
SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Vendor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Vendor will state and identify its involvement with other clients for both past and present projects. The Vendor will state the client’s name, and references for similar projects, particularly those conducted for public transit and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity.
The Vendor’s involvement and responsibility should be defined for each project. • Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non -compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
RFP No. 25-03
23 Montebello Bus Lines
SECTION 6 – FORM OF CONTRACT
PROFESSIONAL SERVICES AGREEMENT FOR
VEHICLE BODY REPAIR AND PAINTING 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 “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional VENDOR to provide vehicle body repair and painting services for over 200 City-owned and operated vehicles on an as-needed basis; and
WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, VENDOR responded to CITY’s Request for Proposals dated October 31, 2024 (RFP No. [25-03]), 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. 25-03, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 25-03 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 25-03 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.
RFP No. 25-03
24 Montebello Bus Lines
SECTION 2. SERVICES / COMPENSATION.
A. VENDOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. VENDOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. VENDOR shall be compensated a sum not -to-exceed $…………………………………… … ( the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by VENDOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of three years with the option to extend for an additional two (2), one year periods.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.
C. VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
RFP No. 25-03
25 Montebello Bus Lines
D. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub -contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Vendors, or sub -contractors shall be the sole and exclusive responsibility of the VENDOR.
E. VENDOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, VENDOR shall make all records, invoices, timecards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by VENDOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by VENDOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates VENDOR for such reuse.
SECTION 5. WORK PRODUCT.
A. VENDOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. VENDOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in VENDOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold VENDOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the VENDOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
RFP No. 25-03
26 Montebello Bus Lines
The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to VENDOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR had completed as of the date of termination, less the amount of all previ ous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by VENDOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to VENDOR in the event of any default or
RFP No. 25-03
27 Montebello Bus Lines
breach by CITY, or for any amount which may become due to VENDOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub -contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-contractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that VENDOR or any employee, agent, or sub -contractor of VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub -contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of VENDOR to comply with this section.
SECTION 14. INDEMNIFICATION.
RFP No. 25-03
28 Montebello Bus Lines
VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, exp enses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of VENDOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, VENDOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. VENDOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and vol unteers for losses arising from work performed by VENDOR for CITY and to require each of its sub -contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, VENDOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintai n said E&O
RFP No. 25-03
29 Montebello Bus Lines
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 d ate of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
VENDOR shall require each of its sub -contractors, if any, to maintain insurance coverage that meets all requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days for non-payment) prior written notice. VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at VENDOR’S expense, the premium thereon.
At all times during the Term of this Agreement, VENDOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
VENDOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All policies r equired under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self -insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR and VENDOR’s employees, agents or sub -contractors, from waiving the right of subrogation prior to a loss.
VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.
RFP No. 25-03
30 Montebello Bus Lines
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, VENDOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of VENDOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
VENDOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be cover ed, identification of the proposed sub -contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
RFP No. 25-03
31 Montebello Bus Lines
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 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 othe r 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 conta ining 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
RFP No. 25-03
32 Montebello Bus Lines
referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, VENDOR 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.
VENDOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
VENDOR and its officers, employees, associates and sub-contractors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.
VENDOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by VENDOR under this Agreement , or which would conflict in any manner with the performance of its services hereunder. VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by VENDOR. VENDOR's covenant
RFP No. 25-03
33 Montebello Bus Lines
under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, conditio n or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
RFP No. 25-03
34 Montebello Bus Lines
SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 25-03
VEHICLE BODY REPAIR AND PAINTING SERVICES
In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor shall only proceed with the work upon receipt of a Notice to Proceed.
The proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
RFP No. 25-03
35 Montebello Bus Lines
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
RFP No. 25-03
36 Montebello Bus Lines
Date Date
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Vendor’s License No.
Expiration Date:
License Classification:
RFP No. 25-03
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.25-03, VEHICLE BODY REPAIR AND PAINITNG 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 da mages, 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 there with (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. 25-03 VEHICLE BODY REPAIR AND PAINTING 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. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, 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: ________________________________ _______
EXHIBIT B
RFP No. 25-03
Montebello Bus Lines
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. 25-03
Montebello Bus Lines
EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the ins urer'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 coverage s 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. 25-03
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t 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. 25-03
EXHIBIT D
RFP No. 25-03
VEHICLE BODY REPAIR AND PAINTING SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Vendor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.
Quantity Description of Work Cost of Needs
Lump sum Vehicle Body Repair and Painting Services $
$
$
$
$
$
$
TOTAL
$
: Description Cost/Fees
List other costs/fees:
RFP No. 25-03
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. 25-03
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. 25-03
Montebello Bus Lines
EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
RFP No. 25-03
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
RFP No. 25-03
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. 25-03
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Vendor’s Name:
Authorized Signature:
Title:
Date:
RFP No. 25-03
Montebello Bus Lines
EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Vendor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible 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 paragr aph) 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 amo unt payable by the City to Vendor under the Contract and any amendments thereto, less the amount properly paid by the City to Vendor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
RFP No. 25-03
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. 25-03
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. 25-03
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 # 13
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 PROFESSIONAL SERVICES AGREEMENT NO. 4229 WITH
CLEAN ENERGY TO PROVIDE MAINTENANCE AND SUPPORT
SERVICES FOR THE CITY'S COMPRESSED NATURAL GAS STATION
DATE: October 9, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4229 with Clean Energy for a three-year (3-year) term to provide maintenance and support services for Montebello Bus Lines’ (MBL) compressed natural gas (CNG) station, for a total not-to-exceed amount of six hundred thousand dollars ($600,000) or $200,000 annually; and
2. Authorize the City Manager and/or his designee to execute the agreement on behalf of the City; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
Funding for the first year of Professional Services Agreement No. 4229 is allocated in the Transportation Department’s Fiscal Year 2024-25 adopted operating budget: Account No. 600-90-915-6040.95 (Transit, Corporate Shops, Other Professional Services).
Therefore, a budget amendment is not required. Subsequent budgets (FY 2025-26, FY 2026-27) will include the appropriate amount of funding needed for the scope of services provided.
BACKGROUND/DISCUSSION:
Maintaining the CNG fueling station is essential to uphold the warranty on its subsystems
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
and parts and for the seamless operation of MBL’s public transit system. The station supplies approximately 400,000 gallons of CNG fuel annually, making it vital for MBL's daily rollout. For the past 11 years, Clean Energy, the original builder of the station, has provided MBL with specialized maintenance and support services, including on-site equipment inspections, preventative maintenance, data analytics, monthly and quarterly fuel usage reports, and 24/7 remote monitoring to prevent service disruptions and improve fuel efficiency.
On September 1, 2012, the CNG station was commissioned under Professional Servcies Agreement No. 2669 (Attachment A) with a ten-year (10-year) term for maintenance and support services, which expired on August 31, 2022. Through Amendment Nos. 1 and 2, the City Council approved extending maintenance and support services for two (2), one- year terms.
For FY 2024-25, staff will use procurement methods such as sole-source and piggyback to strengthen the City’s financial processes and ensure its competitive and non- competitive contracting practices are in accordance with the Montebello Municipal Code (MMC) Section 3.20 – Purchasing System. This approach will also allow for periodic review of the agreement for any changes to the scope of work or the need for additional funding, ensuring continuity of services without the need for annual renewals and multiple amendments.
Conformance with Montebello Municipal Code
Montebello Municipal Code (MMC) Section 3.20.050 – Conformance with bidding procedures, outlines exceptions to the formal and open market bidding and procurement procedures detailed in the municipal code. Clean Energy is identified as a sole-source vendor since they designed and developed MBL’s CNG station. In addition, Clean Energy utilizes a proprietary early warning system for preventative maintenance that ensures operational continuity by addressing potential technical issues before they arise. Staff recommends that the City Council approve Professional Services Agreement No. 4229, attached hereto in substantial form (Attachment B), with Clean Energy in accordance with MMC Section 3.20.050(B), which allows the procurement of goods and services from identified sole-source and/or single source vendors. Once approved, staff will complete a Sole Source Declaration form as written record for this vendor (Attachment C).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council authorize the City Manager to execute Professional Services Agreement No. 4229 with Clean Energy for a 3-year term, to continue providing maintenance and support services for MBL’s CNG station, for a total not-to-exceed
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
amount of Six Hundred Thousand Dollars ($600,000) or $200,000 annually; authorize the City Manager and/or his designee to execute the agreement on behalf of the City; and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – Agreement No. 2669
2. Attachment B – Proposed Agreement No. 4229
3. Attachment C – Sole Source Declaration Form
CITY OF MONTEBELLO
CONTRACT AGREEMENT NO. 2669
FOR
COMPRESSED NATURAL GAS ( CNG) FUELING STATION PROJECT
RFP NO. 10- 06
This Contract Agreement (" Agreement') is made and entered into for the above - stated project this 8th day of September , 2010 by and between the City of Montebello, as AGENCY," and Clean Energy ( together with Clean Energy Construction, a California Corporation and wholly -owned subsidiary of Clean Energy, as the general contractor) as CONTRACTOR" ( collectivelyreferredto herein as the "Parties" and individuallyas the "Party").
RECITALS
A. AGENCY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. CONTRACTOR is a corporation duly organized and doing business in the State of California. CONTRACTOR represents it has the background, knowledge, experience and expertise necessary to provide the AGENCY with the equipment, goods and services set forth in this AGREEMENT-
C. AGENCY seeks to procure from CONTRACTOR, and CONTRACTOR seeks to provideto the AGENCY, equipment, goods, and services necessaryfor the design, engineering, permitting, installation, testing and maintenance of a Compressed Natural Gas (CNG) Station Fueling Project (hereinafter "Project' or Station") as further described in the RFP NO. 10- 06.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, AGENCY and CONTRACTOR agree as follows:
ARTICLE I. Incorporation of Recitals and other Contract Documents The above -referenced Recitals constitute a material part hereof, and shall hereby be incorporatedby reference. Moreover, forpurposesof this Agreement, the contract documents for the aforesaidProjectshall consistof the NoticeInvitingBids, Instructionsto Bidders, Price Proposal, General Specifications, Standard Specifications, Special Provisions, General Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with all required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner ( collectively referred herein as the "Contract Documents"). All of the provisions of said Contract Documents constitute a material part hereof, and shall be herebyincorporatedby referenceas though fullyset forth herein. _
ATTACHMENT A
In the event of an inconsistency among the Contract Documents, the inconsistency shall be resolved by giving precedence in the following order:
Applicable Federal and State of California statutes and regulations, and this Agreement;
2. General Terms and Conditions ( Part II
3. The Request for Proposals, including
Project Manual);
4. CONTRACTOR' s Proposal;
5. All other Contract Documents.
of the Project Manual);
the Instructions to Proposers ( Part I of the
ARTICLE II. Services to be performed by Contractor
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to perform the services and furnish all materials necessary to perform all work required for the above -stated Project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. CONTRACTOR covenants with the AGENCY to furnish its best skill, judgment and efforts and to cooperate with the AGENCY and any other consultants or contractors engaged by the AGENCY in providing the services necessary for the Project. CONTRACTOR covenants to use its best effort to perform its duties and obligation under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the AGENCY. Workmanship throughout the performance of this Agreement shall conform to the highest standard of commercially accepted practice of work and shall result in a neat finished appearance to the satisfaction of the AGENCY.
ARTICLE III. Compensation
As full compensation for furnishing all materials, performing all services, and fulfilling all obligations set forth in this Agreement, the AGENCY agrees to pay and the CONTRACTOR agrees to receive and accept the prices set forth in the Price Proposal submitted by CONTRACTOR dated May 27, 2010, and Revised Pricing Proposal dated August 13, 2010 Compensation"), attached herein as Exhibit "A" and incorporated by this reference. The total amount of the compensation shall not exceed the sum of Two Million, One Hundred Twenty Thousand, One Hundred and Fifty -One dollars ($ 2, 120, 151. 00). AGENCY shall pay CONTRACTOR upon thirty ( 30) days of receipt of invoice and full acceptance of product and services by the AGENCY. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV. Completion of Work
The work and services set forth in this Agreement will be completed in a timely manner, not to exceedone hundredsixty (160) workingdays from the time of AGENCY's executionof this Agreement (" Completion Date"). CONTRACTOR shall begin work one ( 1) week after. the Effective Date of this Agreement, as set forth in Article XVII, and in accordance with an agreed - upon work schedule to be determined by the Parties. An extension of the period for completion may be granted by mutual agreement by the Parties herein for reasons outside the control of
the CONTRACTOR, including acts of God. CONTRACTOR shall request an extension by notifyingAGENCYin writing at least fifteen (15) days prior to the expected Completion Date.
No extension of time requested or granted hereunder shall entitle CONTRACTOR to additional compensation unless, as a consequence of such extension, additional work must be performed and such additional work is approved in writing. In such event, AGENCY shall in good faith consider any request for additional compensation submitted by CONTRACTOR.
All of the materials and services shall be furnished and performed at the location of the City of Montebello's TransportationDepartment, commonlyknown as MontebelloBus Lines ("MBL") in first class condition, complete and ready for service by MBL. To the extent that the services of CONTRACTOR require a license from the California Contractor' s State License Board, all such work will be performed by Clean Energy Construction, a California Corporation and wholly - owned subsidiary of Clean Energy, as the general contractor.
CONTRACTOR recognizes and acknowledges that failure on the part of CONTRACTOR to complete the work in a timely manner can cause irreparable harm to AGENCY's operation of MBL and that CONTRACTOR shall be liable for all direct damages to the AGENCY which result from CONTRACTOR' s failure to complete the work pursuant to this Agreement. For purposes of this Article, " direct damages" shall include, but not be limited to, the costs incurred by the AGENCY in completing the Project, such as the AGENCY's costs of soliciting, selecting and retaining a new Contractor, and any increased costs of labor and materials. In the event that damages due to the AGENCY resulting from the CONTRACTOR' s failure to complete the work herein in a timely manner must be adjudicated in a court of law, CONTRACTOR shall be responsible for AGENCY' s reasonable attorneys' fees and other costs and expenses incurred in resolving such dispute.
Notwithstanding anything in this Agreement to the contrary, neither AGENCY nor CONTRACTORshallhave any liabilityto the other partyfor special, consequential, or incidental damages, except however that CONTRACTOR may be liable for special, consequential, or incidental damages in connection with a claim made against AGENCY by a third party, provided that such claim arises out of or results from a claim within the scope of the indemnity obligation of CONTRACTOR, under Article VII of this Agreement.
ARTICLE V. Force Maieure Event, Agency - Caused Event
CONTRACTOR' s timely performance with the agreed -upon work schedule shall be excused to the extent that delays are caused by a Force Majeure Event or an Agency -Caused Event hereinafter defined). As used in this Agreement, a " Force Majeure Event" includes any circumstances beyond a Party's reasonable control, including, without limitation, fires, floods, strikes and labor disputes, equipment failure, the interruption of utility services, the cessation of providing necessary products or services to CONTRACTOR by any supplier to CONTRACTOR, war, acts of terrorism, or acts of God, and in such event, CONTRACTOR shall be excused from performance during the period of such Force Majeure Event. When measuring a delay leading to a default by either Party and/or the award of liquidated damages, the Parties agree to exclude any time period involving a Force Majeure Event. An "Agency -Caused Event" shall mean any material acceleration or delay in the construction of the Station ( including, without limitation, commencement of construction or substantial completion of the work) caused by the AGENCY or any third party under the AGENCY's control, or any material acceleration or delay in the
construction of the Station ( including, without limitation, commencement of construction or Substantial Completion of the work) requested in writing by the AGENCY.
The Parties to the Agreement agree that a Force Majeure Event and/ or an Agency -Caused Event shall extend the Completion Date committed to by CONTRACTOR in the Agreement. In the event that CONTRACTOR reasonably incurs additional costs (" Additional Costs") in connection with the construction of the Station due to ( i) a Force Majeure Event, or ( ii) any Agency -Caused Event, Agency shall reimburse Contractor for all such reasonable, direct Additional Costs. CONTRACTOR shall furnish Agency with reasonable written evidence of such Additional Costs. Agency shall pay invoices, in accordance with the Agreement payment terms for the Compensation, for all amounts due pursuant to this paragraph. Payment of Additional Costs shall be in addition to the Compensation. Payment of Additional Costs shall also be in addition to any extensions of the Completion Date occurring as a result of a Force Majeure Event or Agency -Caused Event.
ARTICLE VI. Compliance with State and Local Laws
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker' s compensation, or to undertake self- insurance in accordance with the provisions of that code, and certifies compliance with such provisions. All services required under this Agreement will be performed by CONTRACTOR, or under its supervision, and all personnel shall possess the qualification, permits, and licenses required by the State and local law to perform such services.
CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing service required by this Agreement, and compliance with all reasonable performance standards established by AGENCY. CONTRACTOR shall be responsible for payment of all employees' and subcontractor' s wages and benefits, and shall comply with all requirements pertaining to employer' s liability, workers' compensation, unemployment insurance, and Social Security. CONTRACTOR shall indemnify and hold harmless the AGENCY from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
At all times AGENCY alone shall be financially and legally responsible for any and all pre- existing underground hazards or soil contaminants at the Project. In the unlikely event that the Project site is deemed unsuitable for the Station due to the pre-existing underground hazard, soil contamination or soil conditions, It shall be considered an Agency - Caused Event and AGENCY, in its sole discretion, may decide to provide an alternative, suitable site for the Project. In the event AGENCY decides to provide such an alternative, suitable site for the Project, AGENCY shall reimburse CONTRACTOR for any and all reasonable, direct Additional Costs related to the Station relocation, pursuant to the procedures for Additional Costs related to Agency -Caused Events, as set forth in Article V, above. In the event that no such alternative, suitable site is available, AGENCY may terminate the Agreement, at its sole discretion and without cause, pursuant to Article X, and 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 payments made by AGENCY with respect to the Compensation.
ARTICLE VII. Indemnification
CONTRACTOR agrees to protect, indemnify, defend and hold harmless AGENCY and all of its employees, officers, elected and appointed officials, volunteers, agents, and affiliated public agencies (collectively the "AGENCY") from any or all injuries, deaths, losses, damages, claims, suits, liabilities, demands, or causes of action, including reasonable attorneys' fees and related costs and expenses, which may accrue against the AGENCY based on, occurring or arising out of the negligence, recklessness, willful misconduct, or errors or omissions by CONTRACTOR in the performance of its services under this Agreement. In addition, CONTRACTOR shall defend, indemnify, and hold harmless the AGENCY, from and against any and all claims, liabilities and losses whatsoever, including reasonable attorney's fees and related costs and expenses, occurring or resulting from any action attributable to any and all persons, firms, or corporations employed or contracted by CONTRACTOR or its subcontractors or subconsultants in connection with the services under this Agreement, regardless for responsibility for negligence.
CONTRACTOR' s obligation to provide indemnification in accordance with the provisions of this Article of the Agreement and elsewhere in the Contract Documents shall not apply to the extent that such damages, claims and/ or liabilities arise from the negligence, recklessness, willful misconduct, errors or omissions of AGENCY or AGENCY' s employees, agents, contractors or subcontractors or any other third party under the control of AGENCY.
ARTICLE VIII. Insurance
In accordance with the terms of the Contract Documents, CONTRACTOR shall furnish AGENCY a policy or certificate of insurance evidencing coverage for Worker' s Compensation insurance and comprehensive liability insurance, including automobile, in which the AGENCY, its officers, employees, agents, elected and appointed officials, volunteers and affiliated public agencies ( collectively the " AGENCY") shall be named as additional insured with respect to all claims arising out of or in connection with the work to be performed, including any act or omission of employees, agents, sub -contractors, or their employees, whether or not caused by the sole ( or contributing) negligence of AGENCY, its officers or employees, and which shall remain in full force and effect until the work or services is accepted herein by AGENCY. The policies shall provide the coverage limits set forth in the Contract Documents. Such comprehensive liability insurance shall be primary and non-contributing with any insurance coverage available to AGENCY, shall contain a severability of interest clause ( cross liability) and shall provide that it shall not be canceled or materially reduced without thirty ( 30) days' prior written notice to AGENCY.
ARTICLE IX. Authorization by Contractor
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all duly authorized individuals, firm members, partners, joint ventures, and/ or corporate officers having principal interest herein.
ARTICLE X. 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.
For any breach deemed by the non -defaulting party to constitute a material breach, the defaulting party is required to cure the breach within two ( 2) calendar days upon receipt of written notice. For any breach deemed by the non -defaulting party to constitute a non -material breach, the defaulting party is obligated to cure such breach within ten ( 10) calendar days upon receipt of written notice. However, if the nature of the non - material breach requires more than ten ( 10) days to cure, the defaulting party shall have thirty ( 30) days to diligently pursue and complete a cure.
In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non -defaulting party may terminate this Agreement by giving written notice thereof to the defaulting party, setting forth the effective date thereof.
The AGENCY shall have the option, at its sole discretion and without cause, of terminating this Agreement in whole, or in part, by giving ten ( 10) business days' written notice to CONTRACTOR. Upon the termination of this Agreement as provided herein, the AGENCY 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.
Upon the expiration or earlier termination of the Agreement, ( a) CONTRACTOR shall assign to AGENCY in the manner, at the times, and to the extent directed by AGENCY, all of the rights, title and interest owned by the CONTRACTOR under the orders and subcontracts so terminated and specifically agreed to by the CONTRACTOR under this Agreement; and ( b) CONTRACTOR shall transfer the complete right or license of all software owned by CONTRACTOR to AGENCY, and all additional electronic files and programs, equipment manuals, and the entire O/M record database, only with respect to those owned by CONTRACTOR, shall also be transferred to AGENCY.
This Agreement shall expire upon full payment of the Compensation. by the AGENCY to CONTRACTOR. Articles V, Vl, XI, XII, XIII, XIV and XV of this Agreement shall survive the expiration or termination of this Agreement.
ARTICLE Xl. Dispute Resolution and Legal Remedies
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, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded.
ARTICLE XII. 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 express, written consent of AGENCY, which may be withheld for any reason or no reason. 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 AGENCY 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 subcontractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under Article III of this Agreement.
ARTICLE XIII. Notices
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:
To AGENCY: Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Attention: Aurora Jackson
Director of Transportation
Phone: 323- 887- 4606
Fax: 323- 887- 4643
To CONTRACTOR: Clean Energy
3020 Old Ranch Road, Suite 400
Seal Beach, CA 90740
Attention: Mr. James Harger,
Chief Marketing Officer
Phone: 562- 493- 2804
Fax: 562- 493- 4532
ARTICLE XIV. Severabilit
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision( s) nevertheless will continue in full force and effect without being impaired or invalidated in any way.
ARTICLE XV. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the State of California. In the event of litigation between the Parties, venue in State trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
ARTICLE XVI. Entire Agreement
This Agreement and the Contract Documents aforementioned shall constitute the entire agreement by the Parties, and supersedes all prior proposals, agreements, and understandings between the Parties and may not be modified or terminated orally. No attempted waiver of any
of the provisions herein, nor any change, amendment or modification to this Agreement shall be effective unless in writing and signed by the party against whom the same is sought to be enforced.
ARTICLE XVII. Effective Date
Unless otherwise specified herein, this Agreement shall become effective as of the date in which the last of the Parties, whether AGENCY or CONTRACTOR, executes this Agreement.
This Agreement may be signed in counterparts, each of which shall constitute an original, and which collectively shall constitute one ( 1) instrument.
SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF the Parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of 20 CITY OF MONTEBELLO CLEAN ENERGY
AGENCY") (" CONTRACTOR")
Art Barajas, Mayor
Date: / L411
ATTEST:
Printed Name and Title]
Date:
Federal Tax Identification No.
CLEAN ENERGY CONSTRUCTION, a
California Corporation
By:
Printed Name and Title]
Date.
i Q Federal Tax Identification No.
RobertT. King, City Jerk
APPROVED AS TO FORM:
N
Arn Id M. Alvare - lasman, City Attorney
IN WITNESS WHEREOF the Parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of 20 CITY OF MONTEBELLO
AGENCY")
CLEAN ENERGY
CONTRACTOR")
Art Barajas, Mayor
h
JamestiL' btarger, Chil5f-Mar4etingOfficer
Date:
ATTEST:
Robert J. King, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
Date: 12/ 29/ 10
Federal Tax Identification No. 95- 4603747
CLEAN ENERGY CONSTRUCTION, a
California Corporation
By:
James N. Hafge"r, Chief MarketingOfficer
Date: 12/ 29/ 10
Federal Tax Identification No. 73- 1716246
Exhibit " A" CITY OF MONTEBELLO
DEPARTMENT OF TRANSPORTATION
COMPRESSED NATURAL GAS STATION RFP NO. 10- 06
BID SUMMARY
CleanEnergy
Item No. Descnotion Extended Total
1 Desi n includi as built drawings Iwo electronic and hardcopies of the design $ 42, 735. 00 rig9 1
2 Trenchingandinstallationofcomponents, pipingandallrelatedequipment: 317. 460 3 Geographicalreach, on soil and areaeffected by the construction 5, 495 4 Pernissffeesfromallregulatoryagenciesimpactedby thisproject 6, 105 5 Training:Operational, CompressorandDryerSystems(32hrs110personsperclass) Included 6 Training: Safety, GasDetection, emergencyincludingsystemsandcalibrations Included 7 TrainingforFireDepartmentandMontebelloStaff (40individuals) Included 8 Maintenancerepairsand PreventativeMaintenanceServiceCost (Preventativeand safety) of all aspectsfor5-years.
Pleaseshownannualcostsforeachof thefiveyearsona separateform. Theindividualfiveyearsshouldequalthe Extended Total shown on the right.) 30, 000
9 Emergency24hourservicecontractISyears) Included in the annual mount costs 10 WebbasedaccessofLNGstationsystemsandcomponents (For5yrs) 11, 100 II CompressorSkid #1, 500SCFM, Arielcompressor, Baldorelectricdrivemotor, withBESensorElectronicsSECMillennium gasdetector, orapprovedequal. SuchasGreenfieldprovidedthesamestandardwarranty8 ServiceasmatchedtoAnels as well as references. 819. 620
12 CompressorSkidff1, 500SCFM, Andcompressor, Baldorelectricdrivemotor, withBESensorElectronicsSECMillennium gasdetector, orapprovedequal. SuchasGreenfieldprovidedthesamestandardwarranty8 ServiceasmatchedtoAnels Included on line # 11 as well as references.
13 Boosterpumptoincreaselinepressure, if necessary. Included on line # 41 14 Coalescenttwinfilters, withdifferentialpressuregaugesoneachendoffilter, referenceParkerHannifinP/NqJ2SD- 4CWC11- 035, or approved equal. 11, 176
15 CNGstoragevesselsandorSpheres, CPIIndustriesorapprovedequal. 112, 564 16 a. CNGDryershallbeXebec -fully automatictwintower or approvedequal. DTRA42NGX-6 128. 803 17 Onetl ) CNGTransitstylefuelingdispensers, withSherexCT-5000nozzleandliquidfilledgauge. 43, 016 d. One (11twohoseCNGTransitstylefuelingdispenserwithone (1 ) SherexCT5000, one (1) SherexcT1000nozzle, anddualliquidfilledgauges. 46, 131
18 CNGdetectionsystem, undercanopiesshallbethesamesysteminthecompressorskids, referenceSESensor Electronics, LCDdisplayshallbeintheofficelocatedonfuelisland. 67, 155 19 FireExtinguishers 2. 220
20 SafetySignage 1. 160
21 ARRAsignagecost, requiredposting. (MBLalreadyhas)
22 LightingFixtureonfuelislandreplacementcosts 18, 315
23 Roofventilationon FuelIsland 91, 575
PipingandsuppliesfromCompressorStationtoFuelIsland (valvepanel 24 and central systems) 113, 553
25 RodIronFencing , hotdipgalvanizingfencewithwalkthroughandslidinggates, per -spec. 36, 630 26 BalancetoprotectRodIronfencingfromvehiclesimpact24' WideX43' High, similartotheBollardsMBLisusingto protecttheemergencygenerator, whichislocatedacrossfromdispatch. Orsuggestedprotectivebarriers. 28, 205 27 Servicemanuals, pansmanualsandmanufacturesnameandlocationandphonenumbersshaltbeprovidedforall equipmentassociatedwiththisproject Included
28 Fuelingdispensersystemshallbefullyautomatedandcontrolledbyanewfuelmanagementsystem (EMS). Thecurrent fuelmanagersystemshallheupgradedwitha newfuelmanagersystemandincludetheadditionof a newfuelmanager controllerheadonthesouthsideofthefuelisland. ContractinformationforvendorsisshownonPage55oftheREP. 128, 613 29 ScuthemCaffamiaGasCompany, chargesforrunning3' GasLinefromcenterofOlympicBlvdandParkAve, runningpipeCostsassociatedwithSCGshaltbe undergroundSouthonParkAve. justbeforetherailroadtracks. SO.CA. GASContact: MichaelBolin (213) 244-5115.. billeddirect to MBL. 30 ElecluCUtilityEquipment, SiteWorkandCommodioustonewSCEsuppliedutilitypoleandpoweradjacenttoCNGstation onParkAve. Anybackfeedingtoexistingpanelsnotincluded. 58. 520, 00 31 ShippingCosts Included in parts costs $ -
32 TaxonEquipment Includedinpartscosts $ -
33 CNG Station Costs: S 2120161
ATTACHMENT __
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4229
WITH CLEAN ENERGY
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on 9/25/2024 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and CLEAN ENERGY, a California corporation (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 professional contractor to provide contracted services, maintain and support the Montebello Bus Lines’ Compressed Natural Gas Station in the CITY; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. 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. Proposal referenced and Best Final Offer received by the successful proposer.
3. All other documents, including but not limited to all applicable bonds, insurance certificates, 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 Request for Proposals for Compressed Natural Gas Fueling Station Project in the City of Montebello (April 8, 2010) (“Request for Proposals”), 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 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 B
PROFESSIONAL SERVICES AGREEMENT NO. 4229
Agreement shall govern.
b. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide maintenance services as set forth fully in the Request for Proposals, 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 no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. 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 Contractor 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 the CITY's 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. 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.
SECTION 5. WORK PRODUCT.
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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. The CONTRACTOR 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 CONTRACTOR.
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 w ritten 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 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 CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY 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 CONTRACTOR shall only be entitled to
PROFESSIONAL SERVICES AGREEMENT NO. 4229
the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten ( 10) 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 for convenience 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.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which 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
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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 sub contractors 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 CONTRACTOR 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 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 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 subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by 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 CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 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
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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) : 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 les s 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 CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $ 2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its sub contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the C ITY. 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4229
f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY 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 Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [[email protected]]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof 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 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.
j. The insurance 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.
k. 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4229
l. 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.
m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as f ull performance of 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-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of 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-contractors. 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.
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
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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 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
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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 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:
With a copy to:
If to Contractor:
City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323)887-1200
Email: [email protected]
City of Montebello – Transportation
John Soria, Director of Transportation
1600 West Beverly Boulevard
Montebello, CA 90640
(323)887-1200 ext.
Email: [email protected]
Clean Energy
ATTN: Chad Lindholm
([email protected])
With a copy to: Deputy General Counsel
4675 MacArthur Court, Suite 800
Newport Beach, California 92660
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 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. The 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4229
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be 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 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 CONTRACTOR. The CONTRACTOR'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 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.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4229
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 CLEAN ENERGY
Raul Alvarez, City Manager Robert M. Vreeland, CFO
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation
EXHIBIT “A”
Request for Proposals for Services and Contractor’s Proposal
EXHIBIT “B”
Schedule of Compensation
CITY OF MONTEBELLO
TRANSPORTATION DEPARTMENT
COMPRESSED NATURAL GAS FUELING STATION PROJECT
AT
TRANSPORTATION DEPARTMENT FACILITY
400 S. TAYLOR AVENUE
RFP NO. 10-06
PROJECT MANUAL
RFP REQUIREMENTS
CONTRACT FORMS
CONDITIONS OF THE CONTRACT
WILLIAM M. MOLINARI - MAYOR
ART BARAJAS - MAYOR PRO TEM
ALBERTO PEREZ - COUNCILMAN
FRANK A. GOMEZ - COUNCILMAN
CHRISTINA CORTEZ - COUNCILWOMAN
Issued: April 8, 2010
Pre-Bid Conference: . April 15, 2010
Written Questions Due: April 29, 2010
Proposals Due: May 13, 2010
EXHIBIT A
NOTICE INVITING PROPOSALS
FOR
COMPRESSED NATURAL GAS FUELING STATION PROJECT
RFP NO. 10-06
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites proposals for the above stated project and will receive such proposals in the Office of the City Clerk, City Hall, 1600 West Beverly Boulevard, Montebello, California 90640, up to the hour of 11 :00 a.m. on May 13, 2010.
A Pre-Bid Conference will be held at 2:00 p.m. on Thursday, April 15, 2010, in the Training Room, Department of Transportation, City of Montebello, 400 South Taylor Avenue, Montebello California 90640. It is recommended that all potential proposers attend this meeting. The anticipated contract award date is June 9, 2010.
Copies of the Request for Proposal are available at the City of Montebello, Transportation Administration Building, 400 S. Taylor Avenue, Montebello, California 90640.
Questions shall be directed to Mr. Martin Gombert, at FAX (323) 887-4643.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR, or Subcontractor, 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. Section 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 public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.
Bids must be prepared on the approved bid forms provided in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside.
A-1
The bid must be accompanied by certified or cashier's check, or bidder's bond, made payable to the AGENCY for an amount no Jess than ten percent (1 0%) of the amount bid.
No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with provisions of the Business and Professions Code. The successful CONTRACTOR and its subcontractors will be required to possess business licenses from the City.
The AGENCY reserves the right to accept or reject any or all bids, to waive any irregularity in a bid, and to make an award as may best serve the interests of the AGENCY.
BY ORDER OF THE CITY CLERK of the City of Montebello, California.
Dated:
Publishing Dates: April 8, 2010
The Comet
Robert J. King, City Clerk
A-2
TABLE OF CONTENTS
Section Page
PART 1- INSTRUCTIONS TO PROPOSERS .................................................................. 1
1. Background ............................................................................................................. 1
1.1. Instructions to Proposers ........................................................................................... 1
1.2. Project Background .................................................................................................. 1
1.3. History ...................................................................................................................... 1
2. Definitions ...................................................................................................................... 2
2.1.Terms used in this Request for Proposals ......................................................... 2
3. Schedule of Events ....................................................................................................... 3
4. General Proposal Conditions ........................................................................................ 3
4.1. Notice of Informal Solicitation ...................................................................................... 3
4.2. Method of Response .................................................................................................... 3
4.3. Acceptance of Terms and Conditions ......................................................................... 3
4.4. False, Incomplete, or Unresponsive Statements ....................................................... 3
4.5. Clear and Concise Proposal ....................................................................................... 4
4.6. Site Visit & Pre-Proposal Conference ..................................................................... .4
5. Submission of Proposals ............................................................................................... 4
5.1. Proposal Receipt... ...................................................................................................... 4
5.2. Proposal Format and Required Markings ................................................................. 4
6. Required Elements of Proposal .................................................................................... 5
6.1. Overview ..................................................................................................................... 5
6.2. Cover Letter .............................................................................................................. 5
6.3. Project Understanding ............................................................................................... 5
6.3.1. Design Plan ............................................................................................ 5
6.3.2. Equipment. ............................................................................................. 5
6.4. Statement of Qualifications, Experiences and Organizational Relationships .............. 6
6.4.1. Experience ............................................................................................. 6
6.4.2. Personnel. .............................................................................................. 6
6.4.3. Past Performance/References .................................................................... 6
6.5. Work Plan and Technical Approach ........................................................................... 6
6.5.1. Service and Maintenance ........................................................................... 6
6.5.2. Training .................................................................................................. 6
6.5.3. Safety Plan ............................................................................................. 6
6.6. Price Proposal .......................................................................................................... 7
7. Clarification and Amendment Process .......................................................................... 7
7.1. Request for Interpretation or Clarification ................................................................... 7
7.1.1. MBL Response ...................................................................................................... 7
7.2. Addenda ................................................................................................................ 8 B. General Requirements .................................................................................................. 8
8.1. Costs Incurred by Proposer ........................................................................................ 8
8.2. Cancellation of Procurement. ..................................................................................... 8
8.3. Proposal Rejection .................................................................................................... 8 Request for Proposals I 0-06
CNG Fueling Station
8.4. Proposal Withdrawal .................. : .............................................................................. 8
8. 5. Acceptance of Proposals .......................................................................................... 8
9. Evaluation ................................................................................................................. 9
9.1 . Evaluation of Proposals ............................................................................................ 9 9 .2. Scoring Criteria .......................................................................................................... 9
9. 3. Evaluation Committee ............................................................................................... 9
9.4. Evaluation Process ................................................................................................... 9
9.4 .1 . Proposal Opening ................................................................................................. 9 9 .4.2. Evaluation Committee ........................................................................................... 1 0 . 9.4 .3. Competitive Range ............................................................................................... 1 0 9 .4.4. Exceptions .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. . . . . . . . . . . 1 0
9.4 .5. Confidentiality ....................................................................................................... 1 0
9.5. Best and Final Offer ................................................................................................. 10
9.6. Contract Award ...................................................................................................... 11
9. 7. Contract Negotiations ............................................................................................... 11 1 0. Restrictions of Lobbying and Contacts ......................................................................... 12 1 0.1. Restrictions on Lobbying and Contacts with MBL or City Council. ....................... 12
10.2. Restrictions on Lobbying and Contacts with MBL Staff ........................................... 12
11. Public Records Act.. ..................................................................................................... 12
12. Protest Procedures ...................................................................................................... 12
12. 1. Policy Before Proposal Opening ............................................................................... 12
12.2. Policy After Proposal Opening/Post Award ..................................................... 14 PART II- GENERAL TERMS AND CONDITIONS .......................................................... 16
13. Scope of Services and Term ...................................................................................... 16
13. 1. General Scope of Services ...................................................................................... 16
13.2. Term ........................................................................................................................ 16 13 .2.1. Construction/1 nstallation ....................................................................................... 16 13 .2.2. Operations/Maintenance ....................................................................................... 16
14. Fees and Payments ..................................................................................................... 16
14.1. Construction/1 nstallation-Fixed Price ........................................................................ 16
14.2. Monthly Fee- TO BE DETERMINED ..................................................................... 16
15. Accounting Records and Audit Adjustments ................................................................. 17
15.1 . Accounting Records ................................................................................................ 17 15 .2. Audit Adjustments ................................................................................................... 17
16. Change Orders ........................................................................................................... 17
16.1. Written Changes ..................................................................................................... 17
16.2. Immediate Change .................................................................................................. 17
16. 3. Contractor Submittal .................... , .......................................................................... 17
17. Representatives and Notice ......................................................................................... 18
17. 1. MB L's Representative ............................................................................................ 18 17 .2. Contractor's Representative .................................................................................... 18 17 .3. Delivery of Notices ............................................................................................. 18
18. Disputes ................................................................................................................ 18
18.1. General .......................... .......... : .............................................................................. 18 II Request for Proposals I 0-06
CNG Fueling Station
18.2. Resolution .............................................................................................................. 19
19. Termination .............................................................................................................. 19
19.1. Cancellation of Contract ........................................................................................ 19
19.2. Termination for Convenience .................................................................................. 19
19.2.1. Action by MBL. ................................................................................................... 19
19.2.2. Responsibility of Contractor ................................................................................ 20
19.3. Termination by Mutual Agreement .......................................................................... 20
19.4. Termination for Default ........................................................................................... 20
19.4.1. Action by MBL ...................................................................................................... 20
19.4.2. Contractor Liability ................................................................................................ 21
19.4.3. Cure by Contractor ................................................................................................ 21
19.4.4. Claims ............................................................................................................ 21
20. Responsibilities of Contractor .................................................................................. 21
20.1. Station ................................................................................................................... 21
20.2. Natural Gas Service ................................................................................................ 22
20.3. Maintenance ........................................................................................................... 22
20.3.1. General ................................................................................................................ 22
20.3.2. Routine Maintenance .......................................................................................... 23
20.3.3. Scheduling ............................................................................................................ 23
20.3.4. Service Calls ...................................................................................................... 23
20.4. Maintenance ............................................................................................................ 23
20.5. Training .................................................................................................................. 24
20.5.1. Operational Training ............................................................................................ 24
20.5.2. Training Related to the Compressor and Dryer Systems ..................................... 25
20.5.3. Safety Training ................................................................................................... 25
20.5.4. Fire Department Training ..................................................................................... 25
20.6. Compliance with Law .............................................................................................. 25
20.7. Control and Payment of Subordinates; Independent Contractor ............................ 25
20.8. Subcontracting ....................................................................................................... 26
20.9. Standard of Care ..................................................................................................... 26
20.1 0. Laws and Regulations ........................................................................................... 27
20.11. Equal Opportunity Employment.. ........................................................................... 27
20.12. Labor Certification ................................................................................................. 27
20.13. Legal Resident Verification ................................................................................... 29
20.14. Safety .................................................................................................................... 29
20.14.1. MBL's Safety Rules and Safety Program ............................................................ 30
20.15. Contractor Personnel ............................................................................................. 30
20.16. Construction Hours ............................................................................................... 30
20.17. Contractor's Work Areas ....................................................................................... 30
20.18. Site Cleanup .......................................................................................................... 30
20.19. Pollution and Environmental Controls ................................................................... 31
20.20. Project Schedule ................................................................................................... 31
20.21. Drug And Alcohol Testing ...................................................................................... 31
20.22. Warranty ................................................................................................................ 31
21. MBL's Responsibilities ................................................................................................. 31
21.1. Permitting ................................................................................................................ 31 lll Request for Proposals I 0-06
CNG Fueling Station
21.2. Maintenance of Premises ........................................................................................ 32
21.3. Protection of Contractor Property ............................................................................. 32
21.4. Refueling Vehicles .................................................................................................... 32
21.5. Training .................................................................................................................... 32
21.6. Compliance with Law .............................................................................................. 32
21.7. MBL's Costs .............................................................................................................. 32
22. Force Majeure .............................................................................................................. 32
22.1. General ................................................................................................................... 32
23. Review of Documents and Field Conditions ................................................................. 33
23.1. Contractor Responsibility .................................................................... ~ ................... 33
23.2. Liability .................................................................................................................... 33
23.3. Recognized Errors .................................................................................................. 33
23.4. Familiarization with the Project ................................................................................ 33
23.5. Notice of Conflicts .................................................................................................... 33
24. Licensing and Permits ................................................................................................. 33
24.1. General .................................................................................................................... 33
24.2. Permits ...................................................................................................................... 33
24.3. Compliance with Notices .......................................................................................... 34
24.4. Contract Document Compliance ............................................................................... 34
24.5. Performance of Work ............................................................................................... 34
25. Inspection of Work ...................................................................................................... 34
25.1. General ................................................................................................................... 34
25.2. Non-conformance .................................................................................................. 34
26. Safety Precautions and Programs .............................................................................. 35
26.1. Contractor Responsibility ....................................................................................... 35
26.2. Safety Plan .............................................................................................................. 35
27. Uncovering and Correction of Work ............................................................................ 35
27.1. Uncovering ............................................................................................................ 35
27.2. Rejection by MBL of Work Completed .................................................................... 35
27.3. Removal of Excess Material or Work ...................................................................... 35
28. Tests and Inspections .................................................................................................. 36
28.1. Requirements ........................................................................................................... 36
28.2. Additional Testing ..................................................................................................... 36
28.3. Non-conformance .................................................................................................. 36
28.4. Required Certificates .............................................................................................. 36
29. Conflict of Interest ........................................................................................................ 36
30. Organizational Conflict of lnterest. ................................................................................ 37
31. Americans with Disabilities Act .................................................................................... 37
32. Indemnification and Insurance ..................................................................................... 37
32.1. Indemnification ........................................................................................................ 37
32.2. Insurance ............................................................................................................ 37
33. General Provisions ................................................................................................... 40
33.1. Cooperation; Further Acts ...................................................................................... 40
33.2. Attorney's Fees ..................................................................................................... 41
33.3. Tirne of Essence .................................................................................................... 40 IV Request for Proposals I 0-06
CNG Fueling Station
33.4. MBL's Right to Employ Other Contractors ............................................................ .41
33.5. Successors and Assigns ...................................................................................... .41
33.6. Assignment or Transfer........................................................................................ 41
33.7. Construction; References; Captions ....................................................................... 41
33.8. Amendment; Modification ...................................................................................... 41
33.9. Waiver .................................................................................................................. 42
33.1 0. No Third Party Beneficiaries ................................................................................. 42
33.11. Invalidity; Severability ........................................................................................... 42
33.12. Authority to Enter Agreement... ............................................................................. 42
33.13. Counterparts ......................................................................................................... 42
33.14. Exhibits; Precedence ............................................................................................. 42
33.15. Entire Agreement ................................................................................................. 43 PART Ill- TECHNICAL SPECIFICATIONS ...................................................... ... .44
34. General Intent ............................................................................................ 44
35. Technical Specifications .............................................................................. .44
35.1. General .................................................................................................. 44
35.2. Project Goals and Objectives ..................................................................... .44
35.3. MBL's Responsibility ................................................................................. 45
35.4. Contractor's Responsibility ......................................................................... 46
35.5. Vehicle Fuel/Natural Gas Supply ................................................................. 47
35.6. Summary of Work .................................................................................... 48
35.7. Special Requirements ............................................................................... 49
35.8. CNG Operational Requirements .................................................................. 50
35.8.1. General ............................................................................................... 50
35.8.2. Codes and Standards ............................................................................. 50
35.8.3. Scope of Work ...................................................................................... 51
35.8.4. System Requirements ............................................................................ 51
35.8.5. Environmental Requirements ................................................................... 56
35.8.6. Safety Requirements .............................................................................. 56
35.8.7. CNG Compressors and Compound Equipment ............................................ 57
35.9. Specifications Applicable to each CNG Fueling Lane ....................................... 60
35.1 0. Fire Protection/Gas Detection System ......................................................... 62
35.11. Startup and Debug/Performance Testing ..................................................... 62
35.12. Drawings and Specification Requirements ................................................... 63
35.13. Construction Requirements ...................................................................... 64
35.13.1. Special Conditions ............................................................................... 64
35.13.2. Concrete, Masonry and Earthwork ........................................................... 65
35.13.3. Mechanical and Piping .......................................................................... 65
35.13.4. Electrical and Electronic Controls ............................................................ 65
35.13.5. Gas Detection and Safety Equipment ....................................................... 66
35.13.6. Painting and Coatings ........................................................................... 66
35.13. 7. Miscellaneous ..................................................................................... 66
36. Operations and Maintenance Services ............................................................ 66
36.1. System Monitoring and Alarms .................................................................... 66 v Request for Proposals I 0-06
CNG Fueling Station
36.2. Fuel Dispensing Area ................................................................................ 66
36.3. CNG Compressor Compound Area .............................................................. 66
36.4. Gas Detection and Warning System ............................................................. 67
36.5. Record Keeping and System Monitoring ....................................................... 67
37. Performance Specifications .......................................................................... 67
37.1. Fuel Delivery ........................................................................................... 67
37.2. Gas Quality ............................................................................................. 67
37.3. Operations and Maintenance ...................................................................... 67
38. Notes ....................................................................................................... 68
39. Description of Price Proposal Form A Entries ................................................... 68 PART IV- FEDERAL REQUIREMENTS ............................................................... 70
40. Instructions to Bidders .................................................................................. 70
40.1. Compliance with Federal Requirements ......................................................... 70
40.2. Federal Changes ....................................................................................... 70
40.3. Contract Security- Bid, Performance and Payment Bonds ................................ 70
40.4. Execution of General Contract... .................................................................. 70
41. Addenda/Interpretation/Substitution/Approved Equals ......................................... 71
41.1. Approvals, Approved Equals, Deviations ........................................................ 71
42. Time of Completion ...................................................................................... 72
42.1. Liquidated Damages (Delivery) .................................................................... 72
42.2. Time of Completion ................................................................................... 72
43. Payment.. .................................................................................................. 73
44. Civil Rights Requirements ............................................................................. 73
44.1. Nondiscrimination ..................................................................................... 73
44.2. Equal Employment Opportunity .................................................................... 73
45. Disadvantages Business Enterprise ................................................................ 74
45.1 MBL Assurance ......................................................................................... 74
45.2. Annual Overall Goal. ................................................................................. 75
45.3. Contract Goals ......................................................................................... 75
45.4. Good Faith Efforts ..................................................................................... 75
45.5. Determination of Good Faith Efforts .............................................................. 75
45.6. Proposer's Right to Administrative Reconsideration .......................................... 76
45.7. Contractor Compliance with MBL DBE Policy .................................................. 76
45.8. Required Proposal/Proposal Submittals ......................................... : ............... 77
45.9. Contractor Assurance ................................................................................ 77
45.1 0. Prompt Payment to Subcontractors ............................................................. 77
45.11. Reports of Payment to DBE Subcontractors .................................................. 78
45.12. Contract Change or Amendment.. .............................................................. 78
45.13. Reporting DBE Participation ...................................................................... 78
45.14. Counting DBE Participation Toward the Contract Goal. ................................... 78
45.15. Commercially Useful Function ................................................................... 78
45.16. DBE Replacement... ............................................................................... 79
45.17. Evaluation of Proposals with DBE Goals ...................................................... 79
46. Financial Assistance/Disclaimer of Federal Government Obligations ...................... 79 VI Request for Proposals I 0-06
CNG Fueling Station
46.1. Financial Assistance .................................................................................. 79
46.2. Disclaimer of Federal. Government Obligations ................................................ 79
47. Prohibited Interest... .................................................................................... 79
48. Contractor Eligibility (Debarment, Suspension, Exclusion, Collusion) ...................... 80
49. Federal Prohibited Interest/Lobbying ............................................................... 81
49.1. Federal Prohibited Interest... ....................................................................... 81
49.2. Lobbying ................................................................................................. 81
50. "Buy America" Provision ................................................................................ 81
51. lnsurance ................................................................................................... 82
52. Qualifications of Proposers ............................................................................ 82
53. Drug-Free Workplace ................................................................................... 82
54. Remedies/Sanctions for Breach of Contract.. .................................................... 82
55. Inspection and Retention of Records ............................................................... 83
56. State Labor Provisions/Labor Compliance/Contract Work Hours and Safety Standards Act. ............................................................................................ 83
56.1. Prevailing Wage Rates ............................................................................... 83
56.2. Labor Compliance ..................................................................................... 83
56.3. Violations ................................................................................................ 84
56.4. Contract Work Hours and Safety Standards Act.. ............................................ 84
56.4.1. Overtime Requirements ........................................................................... 84
56.4.2. Violation, Liability for Unpaid Wages, Liquidated Damages ............................. 85
56.4.3. Withholding for unpaid wages and Liquidated Damages ................................. 85
56.4.4. Subcontracts ......................................................................................... 85
56.5. Payrolls and Basic Records ........................................................................ 85
57. Cargo Preference ........................................................................................ 86
58. Clean Air/Water Pollution Control/Energy Conservation ....................................... 86
59. Recycled Products ....................................................................................... 87
60. Access Requirements for Individuals with Disabilities .......................................... 87
61. Safety and Health Regulation ......................................................................... 88
61.1. Contract Work Hours and Safety Standards Act.. ............................................ 88
62. Subletting or Assignment of Contract ............................................................... 88
63. Sub-Contractors .......................................................................................... 88
64. Program Fraud and False or Fraudulent Statements and Related Acts ................... 89
65. Privacy Act. ............................................................................................... 89
66. Incorporation of Federal Transit Administration (FTA) Terms ................................ 89
67. "Fly America" Requirements ........................................................................... 89
68. Seismic Safety ............................................................................................ 89
APPENDIX
PROJECT PLANS AND BID FORMS
vii Request for Proposals I 0-06
CNG Fueling Station
PART I- INSTRUCTIONS TO PROPOSERS
1. Background
1.1. Instructions to Proposers
City of Montebello, Transportation Department, commonly known as Montebello Bus Lines (hereinafter referred to as "MBL") is issuing a Request for Proposals RFP 10-06 (the "RFP") soliciting proposals from qualified firms to design, engineer, fabricate, permit, install, test, maintain and warrant a Compressed Natural Gas ("CNG") Fueling Station (the "Station") at its Transportation Facility.
MBL intends to own the Station and is requesting separate price proposals for the fabrication and installation of the Station, and for the Operation and Maintenance of the Station for a base five (5)-year period with one (1 ), five-year option for a total potential Agreement period of ten-(1 D)-years.
MBL is not requesting price proposals to include the supply of CNG fuel with this RFP 10-06. This RFP is solely for the construction and maintenance of a Station as stated in the above paragraph. The Station must be completed and in operation no later than January 31, 2011. Each proposer is required to attest to its ability to meet this requirement in its response to this RFP.
Proposals must consist of the elements as described in Sections 5 & 6 of the RFP. Services to be provided are described in the Scope of Work as stated in Part Ill Technical Specifications. Proposals submitted in response to this RFP will be judged the most outstanding in meeting the overall objectives of the RFP while providing the best value to MBL. An Evaluation Committee will review and rate all proposals using the criteria noted in Section 9 of the RFP.
1.2. Project Background
MBL is preparing for CNG operations at its Transportation Facility. A vital component to the operation of a CNG bus fleet is a CNG fueling station. MBL intends to purchase a CNG fuel station from a qualified firm who can design, build, and maintain the CNG station.
1.3. History
The Transportation Department is responsible for operating the city bus lines known as Montebello Bus Lines or "MBL". Its primary responsibility is to provide transportation services to residents of Montebello and the neighboring cities.
MBL is the third largest municipal bus system in Los Angeles County, behind Long Beach, and Santa Monica. MBL serves the communities of Alhambra, Bell Gardens, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pica Rivera, Rosemead, South Gate and Whittier. MBL began on July 28, 1931 with a small lot on the corner of Greenwood Ave and Olympic Blvd where the four buses were housed. Today MBL's fleet consists of 71 buses.
Request for Proposals I 0-06
CNG Fueling Station