2. Definitions
2.1. Terms used in this Request for Proposals
A. Addenda. The term "Addenda" means any changes to any document contained in the RFP issued by MBL prior to the Proposal Receipt Deadline.
B. Agreement. The term "Agreement" means the agreement to be entered into by MBL and the successful Proposer for the scope of services described in this RFP.
C. Contractor. The term "Contractor" means the individual, firm, company, corporation, partnership, or association executing the Agreement as an entity providing the scope of services specified in this RFP.
D. Days. The term "days" means business days recognized by MBL.
E. MBL. The term "MBL" means Montebello Bus Lines.
F. Interested Party. The term "Interested Party" means any person (1) who is an actual or Prospective Proposer in the procurement involved, and (2) whose direct economic interest would be affected by the award of the Agreement or by a failure to award the Contract.
G. Prospective Proposer. The term "Prospective Proposer" means any person who takes one or both of the following actions: (1) receives the RFP by direct mail; or (2) registers with MBL as a Prospective Proposer.
H. RFP. The term "RFP" means this Request for Proposals. 2 Request for Proposals I 0-06
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3. Schedule of Events
Event Date
Issue Request for Proposals (RFP) 04/08/2010
Mandatory Site Visit and Pre-Proposal Conference 10:00 AM POST 04/15/2010 Deadline for receipt of written questions and requests for addenda 04/29/2010 MBL Response and/or addenda issued 05/06/2010
Proposals Due 4:00 PM POST 05/13/2010
Oral Interview (if required) [TBD
BAFO's Due (if requested) 10:00 AM PST [TBD
MBL selects hiQhest rated proposer and neQotiates Agreement lfBD Approval of Contract Award by City Council 06/09/2010
lfentative Notice to Proceed 06/10/2010
Scheduled Completion Date 01/31/2011
MBL reserves the nght to alter the dates shown above by wntten not1ce.
4. General Proposal Conditions
4.1. Notice of Formal Solicitation
Notwithstanding any other provision of thi's RFP, all proposers are hereby specifically advised that this RFP is a formal solicitation for proposals only, and is not intended and is not to be construed as an offer to enter into an agreement or engage into any formal competitive bidding or negotiation pursuant to any statute, ordinance, rule or regulation.
4.2. Method of Response
Responses to the RFP shall be made according to the specifications and instructions contained herein. Failure to adhere to instructions may be cause for rejection of any proposal.
4.3. Acceptance of Terms and Conditions
Proposers understand and agree that submission of a proposal will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions, and criteria contained in this RFP, except as otherwise specified in the proposal. Any and all parts of the submitted proposal may become part of any subsequent Agreement between the selected Contractor and MBL.
4.4. False, Incomplete, or Unresponsive Statements
. False, incomplete, or unresponsive statements in connection with a proposal may be sufficient cause for rejection of the proposal. The evaluation and determination of the fulfillment of the above requirement will be MBL's responsibility and its judgment shall be final.
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4.5. Clear and Concise Proposal
Proposals shall provide a straightforward, concise delineation of the proposer's capability to satisfy the requirements of this RFP. Each proposal shall be submitted in the requested format and provide all pertinent information, including but not limited to information relating to capability, experience, financial resources, management structure and key personnel, and other information as specified in Section 6 and otherwise required in this RFP. Each proposal shall be signed in ink by a duly authorized officer of the company.
4.6. Site Visit & Pre-Proposal Conference
A pre-proposal site visit is scheduled for 10:00 AM Pacific Daylight Saving Time (POST) on Thursday April 15, 2010 at the Transportation Facility, located at 400 South Taylor Ave, Montebello, CA. 90640-5057. This will be the only scheduled site visit conducted prior to the due date for submission of proposals. Attendees should assemble in the lobby prior to 10:00 AM POST. Requests for clarification will not be accepted during this site visit. Attendance is strongly suggested.
A pre-proposal conference will immediately follow the pre-proposal site visit. MBL will provide all Prospective Proposers a copy of the transcript from the pre proposal conference; however, MBL is not bound to any information provided in the verbal responses.
5. Submission of Proposals
5.1. Proposal Receipt
Proposals in response to this RFP shall be considered received at the time actually received by the addressee or designated agent. All proposals and other communications should be addressed, as follows:
Mr. Robert J. King
City Clerk
1600 W. Beverly Blvd.
Montebello, CA 90640-3932
5.2. Proposal Format and Required Markings
Proposals shall consist of one unbound original and five (5) bound copies must be received by MBL at the City Clerks office, 1600 W. Beverly Blvd, Montebello, CA 90640-3932 directed as set forth above by 4:00 PM POST, on May 13, 2010.
Proposals received after this specified date and time shall be considered late and shall not be considered for evaluation. Late proposals shall be returned to the sender unopened. Proposers are required to submit an individually sealed price proposal for all services outlined in the Scope of Work. The price proposal must be submitted in a separate sealed envelope with the markings PRICE PROPOSAL FOR RFP 10-06. The price proposal is NOT to be included in the bound copies of the proposals submitted but must be submitted in the same 4 Request for Proposals I 0-06
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bound copies of the proposals submitted but must be submitted in the same proposal package as the technical proposal. THE PRICE PROPOSAL FOR THE
OPERATION AND MAINTENANCE OF THE STATION MUST BE SUBMITTED
ON THE FORMS INCLUDED IN EXHIBIT BAND MUST ALSO BE SUBMITTED IN AN ELECTRONIC FORMAT ON A FLASH DRIVE. THE HAND WRITTEN
COPY WILL TAKE PRECEDENCE OVER THE ELECTRONIC COPY IF THERE ARE ANY INCONSISTENCIES. FAILURE TO USE THE FORMS SET OUT IN EXHIBIT B WILL RESULT IN REJECTION OF THE PROPOSAL.
Each proposal shall be in the form specified in this RFP, and in a sealed envelope with outside markings stating: (1) RFP No. 10-06 and (2) DO NOT OPEN WITH REGULAR MAIL addressed as specified in Section 5.1.
Copies of the proposal shall be double-sided and printed on recycled paper.
6. Required Elements of Proposal
6.1. Overview
Proposers shall provide a written proposal which includes the required elements, both in content and sequence, set forth in this Section. Each section of the Proposal as described herein shall be segregated and identified by a tabbed insert as to identify the item being addressed in the Proposal. A Proposal will not be considered responsive if it modifies or fails to conform to each of the requirements set forth in this Section.
6.2. Cover Letter
Each proposer shall submit a maximum two-page letter including the name and address of the organization submitting the proposal; whether the organization is an individual, partnership, corporation or joint venture; and the name, address and telephone number of the contact person who will be authorized to make representations for the organization. Proposers must also provide a timeline which identifies project milestones and must indicate whether the proposer can meet the completion and operation date of January 31, 2011.
6.3. Project Understanding
Proposers shall describe their understanding of MBL and the services to be provided by the proposer in response to this RFP. This section should also include, but not be limited to:
6.3.1. Design Plan
A plan for design and installation of the Station which clearly shows the proposer's understanding of the appropriate Technical Components set out in Part Ill Technical Specifications.
6.3.2. Equipment
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The proposal shall also include a list of equipment to be provided in the proposed Station, and include a description of all of the equipment, its warranty, and where appropriate, its capacity. The operational function of each piece of equipment must be identified along with the expected performance of the total system.
6.4. Statement of Qualifications, Experiences and Organizational Relationships This Statement shall include, but not be limited to the following information:
6.4.1. Experience
Proposers should briefly state their experience in this type of project.
6.4.2. Personnel
Proposers should include a listing of key personnel that will be assigned to the Project showing evidence of relevant knowledge and experience.
The Project Manager for each phase of the Project must be identified.
6.4.3. Past Performance/References
Proposers must describe a minimum of five (5) projects that are similar in nature to that contemplated in this RFP that the proposer has performed within the last 48 months. Proposers must furnish a short narrative describing the project and the outcome. Proposers must list the name of the entities for which the services were provided, and the name, address and phone number of the project manager for each of the identified projects.
6.5. Work Plan and Technical Approach
This section must outline how the proposer intends to provide the required services to accomplish the Scope of Work set forth in Part Ill Technical Specifications. Additionally, this section shall also include, but not limited to the following:
6.5.1. Service and Maintenance
A description of the service and maintenance that the proposer will provide to comply with the appropriate portions of Part Ill Technical Specifications addressing maintenance.
6.5.2. Training
A description of the training that the proposer will provide to comply with the appropriate portions of Part Ill Technical Specifications. addressing training.
6.5.3. Safety Plan
Proposals shall include a safety plan for construction and installation, maintenance and operations of the Station.
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6.6. Price Proposal
Proposers are required to submit a firm fixed price proposal for the installation and construction of the Station.
Proposers are also required to submit a detailed price proposal for a five (5) year Operations and Maintenance agreement with one five (5) year option. The price proposal must address the following:
6.6.1. A firm fixed monthly price for operation and maintenance costs.
6.6.2 A proposed methodology for determining monthly operation and maintenance cost beyond the first year. Proposers must indicate whether such methodology will be constant through the initial 10 year Agreement period.
6.6.3 A statement concerning what costs would be included in the five year option and proposed methodology for calculating those costs.
6.6.4 Whether utility chargers would be a separate charge or included in operations and maintenance costs. If such charges are separate, proposers must include a proposed methodology for determining utility charges.
THE INFORMATION REQUESTED ABOVE MUST BE SUBMITTED ON THE FORMS SET FORTH IN EXHIBIT A- PRICING SHEET.
7. Clarification and Amendment Process
7.1. Request for Interpretation or Clarification
A proposer may submit to MBL a written request for an interpretation or clarification of, or any addenda to, this RFP. Any such request must be received by MBL no later than April 29, 2010. However, proposers are encouraged to submit requests prior to the pre-proposal conference.
MBL is not bound by any oral interpretations, clarifications, or changes made to this RFP by any MBL representative. Any clarification or change to the RFP must be provided in writing pursuant to this Section.
7.1.1. MBL Response
MBL will review and prepare a written response to each request made by a proposer pursuant to this Section. MBL's written determination will be mailed or otherwise furnished to all Prospective Proposers by May 6, 2010.
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7.2. Addenda
MBL reserves the right to make modifications or addenda to this RFP. If MBL determines it is appropriate to revise any portion of this RFP, either at the request of a proposer or upon MBL's own initiative, MBL will issue, and make available to all Prospective Proposers, a written addendum setting forth this revision. Proposers shall acknowledge receipt of addenda by written notice thereof returned to MBL. Where addenda require changes in the work to be performed under the Contract, the date set for receipt of proposals may be postponed by such number of days as MBL determines are appropriate in order to enable Prospective Proposers to revise proposals.
8. General Requirements
8.1. Costs Incurred by Proposer
Any costs incurred by proposers in responding to this RFP shall be the proposer's sole expense and will not be reimbursed by MBL.
8.2. Cancellation of Procurement
MBL reserves the right in its discretion to cancel this RFP in whole or in part.
8.3. Proposal Rejection
MBL reserves the right in its discretion to accept or reject any and all proposals submitted in response to the RFP, or refuse to enter into any Agreement resulting from any proposal submitted, without expense to MBL.
8.4. Proposal Withdrawal
The proposer's authorized representative may, prior to the date and time set as the deadline for receipt of proposals, modify or withdraw a proposal in person, or by written or facsimile (323) 887-4643 notice to the person listed in Section 5. If proposals are modified or withdrawn in person, the authorized representative shall make his or her identity known and shall sign a receipt for the proposal.
Written or facsimile notices shall be received in MBL's office, 1600 W. Beverly Blvd, Montebello, California 90640-3932 no later than the date scheduled as the proposal receipt deadline. After the proposal receipt deadline, proposals may not be withdrawn for one hundred twenty (120) calendar days.
8.5. Acceptance of Proposals
Each proposal submitted shall be subject to the evaluation procedure set forth in Section 9, and to negotiation at the option of MBL. Upon acceptance in writing by MBL of the final offer to furnish any and all of the services described herein, the parties shall promptly execute the final Contract documents. The written Agreement shall bind the proposer to furnish and deliver at the price proposed and in accordance with conditions of said accepted proposal and this RFP, as 8 Request for Proposals I 0-06
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negotiated. MBL reserves the right to make the award under this RFP based upon the initial proposals submitted.
9. Evaluation
9.1. Evaluation of Proposals
The evaluation of proposals will be based on the criteria specified in Section 9.2 of this RFP. It will be recommended that a Contract be negotiated with the proposer judged to be most outstanding in meeting the overall objectives of the RFP while providing the best value to MBL.
9.2. Scoring Criteria
Evaluation of the proposals will be based on scoring of the criteria below:
9.2.1. Project Understanding including
Schedule Adherence
9.2.2. Statement of Qualifications and Experience
including References.
9.2.3. Work Plan and Technical Approach
9.2.4. Fee Proposal
9.3. Evaluation Committee
20%
15%
30%
35%
MBL reserves the sole right to evaluate and select the successful proposer. The Evaluation Committee will evaluate all proposals in accordance with the criteria set forth in Section 9.2. The Evaluation Committee will score the proposals to develop a short Jist of qualified proposers.
9.4. Evaluation Process
Proposals will be evaluated to determine which proposals are within a competitive range. All proposals will be thoroughly evaluated for compliance with the RFP, information presented, and overall ability of the proposer to demonstrate its ability to meet the technical requirements of the RFP.
Discussions and negotiations may then be carried out with Proposers within the competitive range, after which Best and Final Offers (BAFOs) may be requested.
However, MBL may select a proposal for award without any discussions or negotiations or request for any BAFO(s).
9.4.1. Proposal Opening
Proposals will not be publicly opened. All proposals and evaluations will be kept strictly confidential throughout the evaluation, negotiation and selection process. Only the members of the Evaluation Committee and other MBL officials, representatives and agents having a legitimate interest will be provided access to the proposals and evaluation results. 9 Request for Proposals I 0-06
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9.4.2. Evaluation Committee
An Evaluation Committee will evaluate and score the proposals.
Proposal evaluation is an assessment of both the proposal and the proposer's ability (as conveyed by the proposal) to successfully accomplish this Contract.
9.4.3. Competitive Range
The Proposers whose proposals are found by MBL to be within the competitive range, or may be reasonably made to be within the competitive range, will be notified and any questions and/or requests for clarifications provided to them in writing. Each such Proposer may be invited for a private interview(s) and discussions with MBL to discuss answers to written or oral questions, clarifications, and any facet of its proposal.
Proposers of any proposal that have been determined by MBL as not in the competitive range, and cannot be reasonably made to be within the competitive range, will be notified in writing, including the shortcoming of their proposals.
9.4.4. Exceptions
In the event that a proposal, which has been included in the competitive range, contains conditions, exceptions, reservations or understandings to any Agreement requirements, said conditions, exceptions, reservations or understandings may be discussed during the meetings described in Subsection 9.4.3. However, MBL shall have the right to reject any and all conditions and/or exceptions, and instruct the Proposer to amend its proposal and remove said conditions and/or exceptions; and any Proposer failing to do so may cause MBL to find such proposal to be outside the competitive range.
9.4.5. Confidentiality
No information, financial or otherwise, will be provided to any Proposer about any of the proposals from other Proposers. Proposers will not be given a specific price or specific financial requirements they must meet to gain further consideration, except that proposed prices may be considered to be too high with respect to the marketplace or unacceptable. Proposers will not be told of their rankings among the other Proposers.
9.5. Best and Final Offer (BAFO)
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After all interviews have been completed, each of the Proposers in the competitive range may be requested to amend its proposal and make its BAFO.
The request for BAFOs shall include:
9.5.1. Notice that discussions are concluded.
9.5.2. Notice that the request is the opportunity for submission of a BAFO.
9.5.3. A common date and time for submission of written BAFOs, allowing a reasonable opportunity for preparation of the written BAFOs.
9.5.4 Notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for the receipt of BAFOs and it subject to the late submissions, modifications, and withdrawal of proposals provisions of the RFP.
9.5.5. Notice that if Proposers do not submit a BAFO or a notice of withdrawal and another BAFO, their immediate previous Offer will be construed as their BAFO.
9.5.6. A notice that modifications to the initial proposals made by a Proposer in its BAFO shall be indentified shall be identified in its BAFO. BAFOs will be evaluated by MBL according to the same requirements and criteria as the initial proposals (Section 9). MBL will make appropriate adjustments to the initial scores which have been affected by any proposal modifications made by the BAFOs. These final scores and rankings within each criteria will again be arrayed by MBL and considered according to the relative degrees of importance of the criteria defined in Section 9.
9.5.7. MBL will then choose that proposal which it finds to be most advantageous to MBL based upon the evaluation criteria. The results of the evaluations and the selection of a proposal for any award will be documented.
9.6. Contract Award
After the completion of oral presentations (if necessary), the Evaluation Committee will make a recommendation for Contract award to MBL's Director of Transportation. The recommendation for selection will be made based on both written and oral (if necessary) responses to the RFP. Both written and oral (if necessary) presentations will be rated in accordance with the criteria set forth in Section 9.2 of this RFP.
9.7. Contract Negotiations
The highest-rated proposer, as determined by MBL, will be invited to negotiate the final scope of work, schedule and fees with MBL. If negotiations with the II Request for Proposals I 0-06
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10. Restrictions of Lobbying and Contacts
1 0.1. Restrictions on Lobbying and Contacts with MBL or City Council During the period beginning on the date of the issuance of this RFP and ending on the date of the recommendation for award of the Contract, no person or entity submitting a proposal in response to this RFP, nor any officer, employee, representative, agent, or Contractor representing such a person or entity shall contact through any means or engage in any discussion regarding this RFP, the evaluation or selection process, or the award of the Contract with any member of the Montebello City Council, MBL, or City of Montebello staff. Any such contact shall be grounds for the disqualification of the proposer.
10.2. Restrictions on Lobbying and Contacts with MBL Staff During the period beginning on the date of the issuance of this RFP and ending on the date of the recommendation for award of the Contract, each person or entity described in Subsection 10.1 shall limit his or her communication with MBL staff to the written clarification and amendment process described in Section 7.
During such time period, any such person or entity is precluded from having any communications regarding this RFP, the evaluation or selection process, or the award of the Contract with any member of the MBL Evaluation Committee, other than communications initiated by such member of the committee during interviews or discussions. Any communication in violation of this Subsection shall be grounds for the disqualification of the proposer.
11. Public Records Act
The proposals received shall be the exclusive property of MBL. At such time as a Contract award is approved by the Montebello City Council, all proposals submitted in response to this RFP shall become a matter of public record and shall be regarded as public records, with the exception of those elements of each proposal which are trade secrets as that term is defined in California Government Code Section 6254.7 and which are so marked as "TRADE SECRET," "CONFIDENTIAL" or "PROPRIETARY." MBL shall not in any way be liable or responsible for the disclosure of any such records or portions thereof, including, without limitation, those so marked, if disclosure is deemed required by law or by an order of a court. Proposals that indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be found technically unacceptable.
12. Protest Procedures
12.1. Policy Before Proposal Opening
Each proposal shall set a timetable for filing a protest before a proposal opening, (1 0 working days).
The most common types of protest that might be filed before a proposal opening would include one based upon restrictive specifications, or alleged improprieties in any type of solicitation that is apparent prior to the scheduled proposal opening. 12 Request for Proposals I 0-06
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MBL will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law or regulation has been violated.
It is the intent of MBL to resolve all protests at the local level.
When a protest is filed before a scheduled proposal opening certain steps must be followed:
12.1.1. The protest must be submitted in writing within the specified time frame, (1 0 working days).
12.1.2. The protest must contain the reason(s) for the protest and should recommend a remedy.
12.1.3. Where appropriate, MBL will hold an informal conference on the merits of a protest with all Interested Parties allowed to attend.
Interested Parties may include all Proposers/offerors and sub contractors or suppliers provided they have a substantial economic interest in a portion of the RFP.
12.1.4. All potential Proposers will be advised of a pending protest.
12.1.5. MBL shall not open proposals prior to the resolution of the protest, unless it is determined that:
• The items to be procured are urgently required, or;
• Delivery or performance will be unduly delayed by failure to make the award promptly, or;
• Failure to make prompt award will otherwise cause undue harm to MBL or the Federal Government.
12.1.6. MBL will respond in writing within 10 working days after receipt of a properly· filed protest. The response will be provided by the Purchasing Manager and will include a response to each
substantive issue raised in the protest.
12.1.7. After the exhaustion of administrative remedies the protesting party will be given MBL's final decision. The Purchasing Manager has the authority to make the final determination regarding all protests.
Note: The Federal Transit Administration ("FTA") will only review a protest that the grantee failed to have or to follow its protest procedures, or that it failed to review a complaint or protest. A protest to the FTA must be filed in accordance with FTA Circular C4220.1 F
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All protests must be filed within 10 working days and sent to the Purchasing Agent for determination.
City of Montebello
Attn: Mr. Russ Caballero, Purchasing Agent
1600 W. Beverly Boulevard
Montebello, CA 90640
12.2. Policy After Proposal Opening I Post Award
A protest filed after a proposal opening or post award must be filed within 5 working days after the proposal opening or notice of award.
The types of protests most commonly filed after proposal openings are varied, e.g., one in which the award is made to other than the low Proposer, changes to the criteria during proposal evaluation, proposal compliance, etc.
MBL will grant the protesting firm a fair review, and allow up to 10 working days to review or appeal a decision provided no state or federal law has been violated.
It is the intent of MBL to resolve all protests at the local level.
All protests, including FTA funded projects, must follow certain guidelines.
12.2.1. The protest must be submitted in writing within the specified time frame, (5 working days).
12.2.2. The protest must contain the reason(s) for the protest and recommend a remedy.
12.2.3. Where appropriate, MBL will hold an informal conference on the merits of a protest with all Interested Parties allowed to attend.
Interested Parties may include all Proposers/offerors and Sub contractors or suppliers provided they have a substantial economic interest in a portion of the RFP.
12.2.4. MBL will respond in writing within 10 working days after receipt of the protest. The response will be provided by the Purchasing Manager and will include a response to each substantive issue raised in the protest.
12.2.5. After exhaustion of administrative remedies, the protesting party will be given our final decision. The Purchasing Manager has the authority to make the final determination regarding all protests.
Note: The FTA will only review a protest that the grantee failed to have or to follow its protest procedures, or that it failed to review a complaint or protest. A protest to the FTA must be filed in accordance with FTA Circular C4220 1 F. 14 Request for Proposals I 0-06
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All protests must be filed within 5 working days of the date the protester knew or should have known of the violation.
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PART II -GENERAL TERMS AND CONDITIONS
NOTE THAT THIS PART CONTAINS PROPOSED GENERAL CONDITIONS THAT WILL BE INCLUDED IN THE AGREEMENT BETWEEN THE CONTRACTOR AND MBL. MBL
RESERVES THE RIGHT TO MODIFY THE CONDITIONS STATED HEREIN, AND TO ADD OR DELETE CONDITIONS PRIOR TO CONTRACT EXECUTION.
13. Scope of Services and Term
13.1. General Scope of Services
Contractor shall design, build, install, operate and maintain a Compressed Natural Gas ("CNG") Station (hereinafter the "Station") at City of Montebello Transportation Facility located at 400 South Taylor Ave, Montebello, CA 90640- 5057 (hereinafter referred to either as the "Property" or the "Facility"). All Contractor furnished equipment shall be new and unused. Contractor shall successfully test the Station upon completion to confirm compliance with all specifications and contractual conditions set forth herein.
13.2. Term
13.2.1. Construction/Installation
Contractor agrees that it will initiate construction/installation of the Station no later than ____ , and complete construction/installation of the Station no later than ____ _
13.2.2. Operations/Maintenance
Contractor agrees that it will operate and maintain the Station under the terms of this Agreement for a period of five (5) years commencing on and ending on . MBL may renew this
Agreement relative to the Contractor's responsibilities to operate and maintain the Station under the same terms and conditions set forth herein for a consecutive five (5) year term. If MBL exercises its option to renew the Agreement, it will provide Contractor with a sixty (60) day written notice of its intent to renew. If MBL does not exercise its option to renew the Agreement, it will provide Contractor with at least thirty (30) days written notice.
14. Fees and Payments
14.1. Construction/Installation-Fixed Price
MBL agrees to pay the Contractor
construction/installation of the Station.
14.2. Monthly Fee- TO BE DETERMINED
16 for the
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15. Accounting Records and Audit Adjustments
15.1. Accounting Records
Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement in accordance with generally accepted accounting principles. All such records shall be clearly identifiable. The Contractor agrees that MBL, or any of its duly authorized representatives, shall, for the purpose of audit and examination, be .permitted to inspect all work, materials, payrolls, and other data and records, and to audit the books, records, and accounts relating to the performance of the Contract. Further, Contractor the agrees to maintain all required records for at least three (3) years after MBL has made final payment and all other pending matters are closed.
15.2. Audit Adjustments
Appropriate financial adjustments may be made by MBL based upon any inconsistency, irregularity, discrepancy or unsubstantiated billing revealed as a result an audit. Financial adjustments reflecting an overcharge to MBL may be charged against Contractor's future invoices.
16. Change Orders
16.1. Written Changes
Written changes to the Scope of Work are required. The Contractor shall be liable for all costs resulting from any change in the Scope of Work not properly ordered by written modification to the Agreement and signed by MBL's Representative.
16.2. Immediate Change
MBL reserves the right to issue an immediate change to the Scope of Work and negotiate cost and price afterwards.
16.3. Contractor Submittal
Within thirty (30) calendar days after receipt of a written Scope of Work change proposal from MBL's Representative, the Contractor shall submit to MBL's Representative a detailed price and schedule proposal for the work to be performed. This proposal shall be accepted or modified by negotiations between the Contractor and MBL's Representative. At that time, an amendment to the Scope of Work may be executed in writing by both Parties. Disagreements that cannot be resolved by negotiations shall be resolved in accordance with the Contract Disputes clause (Section 18 herein). Regardless of any disputes, the Contractor shall proceed with the provision of services ordered at the sole direction of MBL's Representative.
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17. Representatives and Notice
17.1. MBL's Representative
MBL hereby designates its Vehicle Maintenance Manager to act as its representative for the performance of this Agreement ("MBL's Representative").
MBL's Representative shall have the power to act on behalf of MBL for all purposes under this Agreement.
17 .2. Contractor's Representative
Contractor hereby designates (to be determined) to act as its representative to oversee the performance of this Agreement ("Contractor's Representative").
Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
17.3. Delivery of Notices
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
City of Montebello Transportation Department
Mr. Martin Gombert
400 South Taylor Ave.
Montebello, CA 90640-5057
[email protected]
(323) 887-4643 Fax
Any notices required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand (including overnight courier service) during the receiving Party's regular business hours or by facsimile before or during the receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Subsection 17.3. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
18. Disputes
18.1. General
Any dispute between the Contractor and MBL relating to the implementation or administration of the Agreement shall be resolved in accordance with this Section.
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18.2. Resolution
The Parties shall first attempt to resolve the dispute informally in meetings or communications among the Contractor and MBL's Representative. If the dispute remains unresolved 15 days after it first arises, the Contractor may request that MBL's Representative issue a recommended decision on the matter in dispute.
MBL's Representative shall issue the recommended decision in writing and provide a copy to the Contractor.
The recommended decision of MBL's Representative shall become final unless, within 10 days of receipt of such recommended decision, the Contractor submits a written request for review to the MBL Director of Transportation. In connection with any such review, the Contractor and MBL's Representative shall be afforded an opportunity to be heard and to offer evidence on the issues presented. If the dispute remains unresolved after review by the MBL Director of Transportation, either party may seek resolution through non-binding mediation, and failing agreement after mediation judicial resolution of the dispute in an appropriate court of the State of California.
Pending final resolution of a dispute under this Section, the Contractor shall proceed diligently with performance in accordance with the Agreement and the MBL Representative's recommended decision.
19. Termination
19.1. Cancellation of Agreement
In any of the following cases, MBL shall have the right to cancel the Agreement without expense to MBL: (1) the Contractor is guilty of misrepresentation; (2) the Agreement is obtained by fraud, collusion, conspiracy, or other unlawful means; or (3) the Agreement conflicts with any statutory or constitutional provision of the State of California or the United States. This Section shall not be construed to limit MBL's right to terminate the Agreement for convenience or default, as provided in Subsections 19.2 and 19.4 respectively.
19.2. Termination for Convenience
19.2.1. Action by MBL
The performance of work under the Agreement may be terminated by MBL in accordance with this Section in whole, or from time to time in part, whenever MBL determines that such termination is in the best interest of MBL. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of the professional services under the Agreement is terminated and the date upon which such termination becomes effective. 19 Request for Proposals I 0-06
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19.2.2. Responsibility of Contractor
Upon receipt of a notice of termination, and except as otherwise directed by MBL, the Contractor shall (1) stop work under the Agreement on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the Agreement that has not been terminated by the notice of termination; (3) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; (4) assign to MBL in the manner, at the times, and to the extent directed by MBL, all of the rights, title and interest of the Contractor under the orders and subcontracts so terminated; (5) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of MBL, to the extent MBL may require, which approval or ratification shall be final for all the purposes of this Section; (6) transfer title to MBL and deliver in the manner, at the times, and to the extent, if any, directed by MBL, supplies, equipment, and other material produced as a part of, or acquired in connection with the performance of, the work terminated, and any information and other property which, if the Agreement had been completed, would have been required to be furnished to MBL; (7) complete any such part of the work under the Agreement that has not been terminated by the notice of termination; and (8) take such action as may be necessary, or as MBL may direct, for the protection and preservation of the property related to the Agreement which is in the possession of the Contractor and in which MBL has or may acquire an interest. Payments by MBL to the Contractor shall be made by the date of termination but not thereafter. Except as otherwise provided, settlement of claims by the Contractor under this Section shall be in accordance with the provisions set forth in 48 C.F.R.
Part 49, as amended from time to time.
19.3. Termination by Mutual Agreement
The Agreement may be terminated by mutual agreement of the Parties. Such termination shall be effective in accordance with a written agreement by the Parties. Any other act of termination shall be in accordance with the termination by convenience or default provisions contained in Subsections 19.2 and 19.4.
19.4. Termination for Default
19.4.1. Action by MBL
Subject to the provisions in Subsection 19.4.3, MBL may terminate the whole or any part of the Agreement in any of the following circumstances:
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19.4.1.1. If the Contractor fails to provide the services in the manner required by the Contract.
19.4.1.2. If the Contractor fails to perform any of the provisions of the Agreement in accordance with its terms, or
19.4.1.2. If the Contractor fails to make progress in the prosecution of the work under the Agreement so as to endanger such
performance.
19.4.2. Contractor Liability
In the event that MBL terminates the Agreement in whole or in part as provided in this Section, MBL may procure, upon such terms and in such manner as MBL may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable to MBL for costs associated with the termination of the Contract, the procurement of replacement services by MBL, any excess costs of such similar supplies or services, and any increase in the total Agreement cost as a result of the re-procurement of services from the date of termination to the expiration date of the original Contract. The Contractor shall continue the performance of the Agreement to the extent not terminated under the provisions of this Section. Any disputes arising under this Section that cannot be resolved by the Contractor and MBL are subject to resolution pursuant to Section 18.
19.4.3. Cure by Contractor
In the event that the Contractor hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, MBL shall give the defaulting party written notice in accordance with Article IX of the Agreement. If the Contractor fails to cure within the applicable time frame specified in Article IX of the Agreement, MBL may declare that Contractor to be in default and terminate the Agreement in whole or in part.
19.4.4. Claims
Except as otherwise provided, settlement of claims by the Contractor under this Section shall be in accordance to the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.
20. Responsibilities of Contractor
20.1. Station
Contractor shall, at its cost, design, construct, operate and maintain the Station on the Premises, and shall be responsible for obtaining, at its cost, all permits 21 Request for Proposals I 0-06
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relating to the design, construction, operation and maintenance of the Station.
The Station shall be designed, constructed, operated and maintained in accordance with specifications set forth in Exhibit A. In the event that Contractor determines that the Station requires additional equipment, upon concurrence of MBL, Contractor shall add such equipment; provided, that, the Parties come to an agreement with respect to reasonable modifications to this Agreement.
20.2. Natural Gas Service
MBL will obtain natural gas from current provider, which is Southern California Gas Company (SCGC) and MBL will be the recipient of all incentive and or credits provided by Federal, local and municipal programs.
20.3. Maintenance
Contractor shall maintain the Station in a safe, permit compliant and cost effective manner in accordance with Exhibit A and the following requirements:
20.3.1. General
The Contractor shall provide proactive, scheduled, and emergency maintenance services for the Station covered in this project for a period of five (5) years from the date of acceptance by MBL with one (1 ), five year option for a total potential Agreement period of ten-(1 D)-years. This includes providing all labor, parts, materials, replacement equipment, and emergency fueling services, inspections and testing. All planned and unplanned Station repair work shall be coordinated with MBL's Facility Supervisor and MBL. Maintenance response time must comply with Section 5 of Exhibit A below titled "Performance Specifications" response times. Contractor's service must be of such high quantity and quality so that all CNG buses will be ready for operational rollout on any given morning during the term of this Agreement. Failure of a CNG bus from the MBL's Facility to miss normal morning rollout to its designated route due to lack of fuel will result in a $250 per bus per day penalty to the Contractor. Contractor shall have the capability to remotely monitor the key compressor system variables such as flow, temperature, and pressure with a laptop computer and remote alarm.
An electronic and hard copy of the maintenance records shall be kept at the Facility site for MBL inspection and must be updated on a daily basis. MBL shall permit Contractor trained Operations and Maintenance ("0/M") personnel or its vendor subcontractors to enter the compressor compound area and the fueling island area for system inspections.
At the end of the 0/M agreement, Contractor shall transfer the complete right or license of all software to MBL. All additional electronic files and programs, equipment manuals, and the entire 0/M record database shall also be transferred to MBL.
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20.3.2. Routine Maintenance
Contractor shall provide all scheduled, routine maintenance service and shall repair or replace any parts or equipment as it determines necessary or according to manufacturers' recommendations at its expense. Contractor shall perform all other necessary maintenance or repair or replace parts or equipment damaged by abuse or neglect resulting from MBL personnel or Service Contractor personnel at MBL's expense.
20.3.3. Scheduling
Contractor and MBL shall mutually agree on times for maintenance to be scheduled to minimize Station "downtime."
20.3.4. Service Calls
20.3.4.1. Contractor shall be available to provide emergency repair service on a 24-hour, 7-day per week basis for the duration of this Agreement, and provide an emergency contact telephone number to MBL.
20.3.4.2. In the event of an emergency at the Station, Contractor shall respond as soon as reasonably possible following notification by MBL.
20.3.4.3. In the event of other operational difficulties that could impair MBL's ability to fuel and operate its vehicles, Contractor shall respond within two (2) hours following notification and repairs shall be undertaken and completed as soon as is reasonable, considering the nature of the repairs.
20.3.4.4. Notwithstanding the provisions of Subsection 20.3.4.3, Contractor guarantees that MBL's vehicles will be fueled and able to operate by 4:00 AM of the next day following any operational difficulty or emergency except as provided in Section 22 hereof. Except as provided in Section 22, MBL will impose liquidated damages equal to $250 per bus per day for each bus missing normal morning roll out to its designated route due to Jack of fuel.
20.4. Maintenance
20.4.1. The Contractor is responsible for all 0/M for the Station. Contractor personnel and subcontractors will perform the actual on-site service and maintenance activities.
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20.4.2. All 0/M activities performed by the Contractor will be done in accordance to manufacturers and vendors manuals and instructions and in accordance with normal industry standards. Any activity involved with the venting of gas or welding in the general vicinity of the Station shall be approved by MBL. Contractor to review with MBL personnel before the work is started all proactive, scheduled, and emergency maintenance being performed on a daily basis.
20.4.3. The Contractor is responsible for recruiting and maintaining a pool of high quality, committed, dependable maintenance service personnel for performing the on-site work at the MBL Facility. Each person shall meet the personnel, technical, and experience requirements to perform Station maintenance work. MBL and Contractor shall mutually agree on the minimum qualifications needed to perform maintenance service.
MBL shall approve Contractor pool of maintenance service personnel 2 weeks prior to startup of the system.
This pool of Contractor maintenance personnel shall participate in the startup, commissioning, and performance testing of the new Station.
20.4.4. The Contractor is responsible for furnishing its personnel with vehicles, safety equipment, computers, hand tools, pagers, cell phones, general test equipment, gas detectors, and other equipment required to service a Station. Contractor personnel shall wear a hard hat, goggles, and a yellow safety jacket or shirt at all times while doing maintenance in the Facility.
20.4.5. Contractor CNG Technicians to be available 24 hours per day, 7 days per week, 365 days per year for the duration of the 5-year maintenance service period. They shall be on call response leading to an onsite presence within 2 hours after notification.
20.4.6. The Contractor is responsible for disposal of all liquid and solid waste from the Station 0/M work.
20.5. Training
Contractor shall provide the following training listed in this Section to MBL's personnel and Service Contractor personnel prior to the start of service. The training is to include a manual for each of 30 participants. A refresher course on safety and operational related training shall be provided six (6) months after the Station has been accepted by MBL.
20.5.1. Operational Training
On two separate dates, Contractor shall provide training on natural gas safety, fueling procedures, safety shutdowns and resetting equipment, 24 Request for Proposals I 0-06
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ESD system, and the gas detection system. This training shall be provided for each of the three shifts at the MBL Facility.
20.5.2. Training Related to the Compressor and Drver Systems Contractor shall provide for 10 MBL personnel and Service Contractor personnel a one (1) day training class on basic operations and maintenance of the compressors, dryers, dispensers, and storage vessels, including the monitoring and warning systems.
20.5.3. Safety Training
Contractor shall coordinate with MBL's Safety Department and develop an emergency response plan. Training for the safe use of the system shall also cover the operation/function of the gas monitoring and warning system, procedures on emergency shutdowns, and evacuation procedures. This training shall be conducted in conjunction with the Operational Training component required in Subsection 20.5.1.
20.5.4. Fire Department Training
Contractor is required to inform and train all appropriate personnel as requested by the Montebello and Los Angeles County Fire Department the complete CNG fueling system and assist the Fire Department, as requested, in the preparation of the emergency response plan. Relevant portions of this plan should be included in the Safety Training component required in Subsection 20.5.3.
20.6. Compliance with Law
In performing the obligations under this Agreement, Contractor shall comply in all material respects with all applicable federal, state and local laws, regulations, ordinances and rulings, including (but not limited to) those pertaining to health, safety, employment and environmental matters.
20.7. Control and Payment of Subordinates; Independent Contractor The Services shall be performed by Contractor or under its superv1s1on.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. MBL retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of MBL and shall at all times be under Contractor's exclusive direction. and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security, taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
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20.7.1 PERS Eligibility Indemnity
In the event that Contractor, or its employee, agent, or subcontractor providing services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be.eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold the City harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by 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, employee contribution, or both, for PERS benefits.
20.8. Subcontracting
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of MBL. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. The Contractor shall be fully responsible for all professional services to be performed by any sub-contractor. Any approval of a subcontract shall not be construed as making MBL a party to such subcontract, giving the sub-contractor privity of contract with MBL, or subjecting MBL to liability of any kind to any sub-Contractor.
20.9. Standard of Care
Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any person who is determined by MBL to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a 26 Request for Proposals I 0-06
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threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to MBL, shall be promptly removed by the Contractor and shall not be re-employed to perform any of the Services under this Agreement.
20.1 0. Laws and Regulations
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Gal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to MBL, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold MBL, its officials, directors, officers, employees, agents and independent contractors who serve as MBL officers, officials, or staff free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations.
20.11. Equal Opportunity Employment
Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of MBL's Disadvantaged Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
Contractor specifically recognizes and agrees that if MBL finds that any of the foregoing provisions have been violated, such violations shall constitute a material breach of this Agreement upon which MBL may determine to cancel, terminate, or suspend the Agreement. While MBL reserves the right to determine individually that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commissioner or the Federal Equal Employment Opportunity Commission that Contractor has violated State and Federal Anti-discrimination laws shall constitute a finding by MBL that Contractor has violated the anti-discrimination provisions of the Agreement.
20.12. Labor Certification
20.12.1 By its signature hereunder, Contractor certified that it is aware of the provisions of Section 3700 et seq. of the California Labor Code that 27 Request for Proposals I 0-06
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require 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 agrees to comply with such provisions before commencing the performance of the Services under this Agreement.
20.12.2. The Contractor acknowledges that this Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (Sections 1720 through 1861) of the California Labor Code relating to public works, and agrees to be bound by all the provisions thereof as though set forth in full herein.
20.12.3 The Contractor expressly agrees to comply with the provisions of California labor Code Section 1773.1 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
20.12.4 The Contractor expressly agrees to comply with the prov1s1ons of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to MBL, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work dune under the Agreement by Contractor or by any subcontractor.
20.12.5. The Contractor expressly agrees to comply with the prov1s1ons of California Labor Code Section 1776 which require the Contractor and each subcontractor to: (1) keep accurate payroll records; (2) certify and make such payroll records available for inspection as provided by Section 1776 subdivision (b); and (3) inform MBL of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
20.12.6 The Contractor expressly agrees to comply with the prov1s1ons of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that it is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
20.12.7 The Contractor expressly agrees to comply with the prov1s1ons of California Labor Code Section 1813 concerning penalties for works who work excess hours. The Contractor shall, as a penalty to MBL, forfeit twenty-five ($25) for each worker employed in the execution of the Agreement by the Contractor or by any subcontractor for each calendar 28 Request for Proposals I 0-06
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day during with such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in · violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
20.12.8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies that it is aware of the provision of Section 3700 of the Labor Code which require 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 that it will comply with such provisions before commencing the performance of the work of this Contract.
20.13. Legal Resident Verification
Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing Services meet the citizenship or alien status requirements contained in Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Contractor shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Contractor shall retain such documentation for all covered employees for the period prescribed by law.
Contractor shall indemnify, defend and hold MBL, its agents, officers and representatives harmless from employer sanctions and any other liability which may be assessed against Contractor or MBL or both in connection with any violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing Services under this Agreement.
20.14. Safety
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (a) adequate life protection and life saving equipment and procedures; (b) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) adequate facilities for the proper inspection and maintenance of all safety measures. 29 Request for Proposals I 0-06
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20.14.1. MBL's Safety Rules and Safety Program
During construction, the Contractor, subcontractors, and all of its personnel must observe and obey all construction safety rules and regulations prescribed by Cal - OSHA. Any crane lifts such as the compressor skids, tanks, storage vessels, and dryer must be approved by MBL 24 hours before the planned lift.
Contractor shall have weekly safety meeting for the duration of the Project and shall provide a copy of the schedule and topics to MBL at the start of the project.
Contractor shall adhere to all of MBL's safety requirements, which shall include a requirement that all personnel wear identification badges, orange-reflective safety vests, hard hats, goggles, and obey all speed limits and traffic patterns within the Facility as required.
20.15. Contractor Personnel
Contractor represents that it has the professional and technical personnel required to perform the Services. MBL shall have the right to demand the removal of any of the Contractor's key personnel from the project for reasonable cause and by written notice.
20.16. Construction Hours
Contractor's construction activities shall not interfere with the daily operation of the bus site and bus queuing operations, including installation of new CNG dispensers at the fueling island. The CNG and diesel dispensers will operate concurrently; however the diesel dispensers will eventually be removed, but such removal is not part of this Project. MBL will appoint a liaison person to interface daily with the Contractor. Construction activities shall be restricted to between 6:00 AM and 5:00 PM Monday through Friday, unless otherwise approved by MBL.
20.17. Contractor's Work Areas
Contractor's staging area will be limited to an adjacent area just south of the existing fueling island. The staging area must have a 6-foot high chain link fence with a locked gate. Contractor will be solely responsible for that area and the equipment and materials stored in staging area, as well as its tools and supplies and safety of its personnel. Contractor shall submit to MBL for approval drawings or sketches for the proposed staging area and the location of key items and facilities. Contractor personnel must sign in each day before entering MBL property.
20.18. Site Cleanup
The Contractor shall, at the end of each workday, clean the job site and store all equipment and material in a neat and orderly manner. The Contractor shall 30 Request for Proposals I 0-06
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remove all waste on a timely basis, but not exceeding 5 working days, from the site. Construction equipment must be stored in designated areas. At the completion of the project, Contractor shall clear and clean the job site within 48 hours of final acceptance by MBL.
20.19. Pollution and Environmental Controls
Contractor must ensure that during construction, noise and dust levels are within the allowable limits set by regulatory agencies such as the SCAQMD, CAL OSHA and local governing agencies. All Contractor motorized equipment shall be operated in a manner minimizing exhaust emission pollutants such as smoke and particulate matter.
20.20. Project Schedule
The Contractor shall submit a detailed schedule within 48 hours after MBL's Notice to Proceed. The schedule shall be updated biweekly showing the progress of major milestones and the completion date. Contractor shall complete all work including its performance testing and MBL's acceptance by June 30, 2010. During the course of the project, if the schedule cannot be maintained, Contractor shall notify MBL immediately.
20.21. Drug And Alcohol Testing
In the event the terms of this Agreement require the performance of safety sensitive functions as defined in 49 CFR Part 655 ("Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"), Contractor agrees to comply with MBL's Drug and Alcohol Policy and the provisions of 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations and/or MBL to inspect the facilities and records associated with the implementation of the drug and alcohol testing process program as required under 49 CFR Part 655 and review the testing process.
20.22. Warranty
The Contractor will list warranties from the manufacture of each component and pass through all warranties to MBL, with a minimum of a 12-month warranty as offered by the manufacture, measured from the date of Station start-up for all equipment as provided by the original equipment manufacturer.
21. MBL's Responsibilities
21.1. Permitting
MBL shall provide reasonable assistance to Contractor in obtaining the necessary permits to construct and operate the Station. However, MBL shall not bear the burden of cost associated with such permits. Contractor shall pay for all cost of obtaining the necessary permits.
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21.2. Maintenance of Property
MBL shall maintain the Property and the real property in the immediate vicinity of the Station in a clean, safe, and commercially reasonable condition suitable for CNG vehicle refueling use. Operation and maintenance of the Station by the Contractor shall not interfere with other MBL bus servicing and storage activities within the MBL facility.
21. 3. Protection of Contractor Property
MBL shall use reasonable commercial care in storing and protecting Contractor's property and the Station, for the Station and the Station itself; provided, however, that MBL shall have no obligation to insure the same or to indemnify Contractor for loss or damage thereof, except as expressly provided herein.
21.4. Refueling Vehicles
MBL employees shall refuel the CNG Vehicles.
21.5. Training
MBL shall ensure that appropriate MBL and Service Contractor personnel attend the training provided by Contractor as required in Subsection 20.5.
21.6. Compliance with Law
In performing its obligations under this Agreement, MBL shall comply in all material respects with all applicable federal, state and local laws, regulations, ordinances and rulings, including (but not limited to) those pertaining to health, safety, employment and environmental matters.
21.7. MBL's Costs
Except as specified in this Section, or as may be separately agreed to in writing by MBL and Contractor, MBL shall not charge Contractor for the materials or labor utilized in providing the services provided in this Section. Other than applicable income taxes of Contractor, ad valorem or possessory interest taxes relating to the Station and MBL shall be responsible for all taxes (including, without limitation, any real property taxes relating to the Premises) relating to the Station, as well as any and all maintenance and repair costs as contemplated in this Section.
22. Force Majeure
22.1. General
The Contractor shall not be liable for any failure to perform if acceptable evidence has been submitted to the MBL Director that failure to perform the Agreement was due to causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of God, civil disturbances, fire, war, or floods, but does not include labor related incidents, such as strikes or work stoppages.
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23. Review of Documents and Field Conditions
23.1. Contractor Responsibility
The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by MBL, and shall promptly report errors, inconsistencies, or omissions to the Project Manager.
23.2. Liability
The Contractor shall not be liable to MBL for damage resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency, or omission and knowingly or negligently failed to report.
23.3. Recognized Errors
If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents, the Contractor shall assume appropriate responsibility for such performance and shall be an appropriate amount of attributable costs for correction.
23.4. Familiarization with the Project
Contractor has familiarized itself with the nature and extent of the Contract Documents, the nature and scope of services of the Project, locality, and with all local conditions and Federal, state and local law, ordinances, rules and regulation that in any manner may affect cost, progress or performance of the Project. Contractor has familiarized itself with the Specifications included in this document (RFP).
23.5. Notice of Conflicts
Contractor has given MBL written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by MBL is acceptable to the Contractor.
24. Licensing and Permits
24.1. General
The Contractor and all subcontractors shall be appropriately licensed in the State of California for the work required as a result of the Contract. The cost for any required licenses shall be the responsibility of the Contractor.
24.2. Permits
Unless otherwise provided in the Contract Documents, contractor shall be responsible for paying for the building permit and other permits and government fees and licenses which fees have not been waived by the issuing authority necessary for proper execution and completion of the Project. 33 Request for Proposals I 0-06
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Construction activities within MBL's property are subject to permit processes by the City of Montebello. This means that the Contractor must submit documents for plan checks or other procedures required by the City of Montebello or other governing agencies. The Contractor is, therefore, responsible for the research/investigation and determination of the project's permitting requirements.
This shall include obtaining all Building and Safety, and LACFD-1 permits. MBL will pay plan check fees and LACFD-1 fees. Contractor to pay all construction fees, Contractor business license fees, and any other City of Montebello permitting fees.
24.3. Compliance with Notices
The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Project.
24.4. Contract Document Compliance
It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulation. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Project Manager and MBL in writing, and necessary changes shall be accomplished by appropriate modifications.
24.5. Performance of Work
If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Project Manager and MBL, the Contractor shall assume full responsibility for such work and shall bear the attributable costs. All costs for re-inspection shall be borne by the Contractor.
25. Inspection of Work
25.1. General
All work (which term in this Section includes services performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by MBL to the extent practicable at all times and places during the term of the Contract. All inspections by MBL shall be made in such a manner as to not unduly delay the work. MBL shall have the right to enter the premises used by the Contractor for the purpose of inspecting and auditing all data and records, which pertain to the Contractor's performance under the Contract.
25.2. Non-conformance
If any work performed is not in conformity with the requirements of the Contract, MBL shall have the right to require the Contractor to perform the work again in conformity with such requirements at no increase in the total Agreement amount. 34 Request for Proposals I 0-06
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In the event the Contractor fails promptly to perform the work again, MBL shall have the right, either by contract or otherwise, to have the work performed in conformity with the Agreement requirements and charge to the Contractor any costs to MBL that are directly related to the performance of such work, or terminate the Agreement for default as provided in Section 19.
26. Safety Precautions and Programs
26.1. Contractor Responsibility
The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: employees on the Project and other persons who may be affected thereby; the Project and materials and equipment to be incorporated therein, whether in storage or off the site, under care, custody of control of the Contractor or the Contractor's subcontractors; and other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction.
26.2. Safety Plan
To ensure that these precautions are taken, the Contractor shall prepare and submit to the MBL Representative a Safety Plan written specifically for the Project. The Safety Plan shall be submitted to and approved by the MBL Representative prior to any construction activity commencing at the Project site.
27. Uncovering and Correction of Work
27.1. Uncovering
If a portion of the Project is covered contrary to the Project Manager's request or to the requirements specifically expressed in the Contract Documents, it must, if required in writing by the Project Manager, be uncovered for the Project Manager's observation and be replaced at the Contractor's expense without change in the Contract Time or Contract Price.
27.2. Rejection by MBL of Work Completed
The Contractor shall promptly correct work rejected by MBL, or work failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected work, including additional testing and inspections.
27.3. Removal of Excess Material or Work
The Contractor shall remove from the site portions of work, which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by MBL.
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28. Tests and Inspections
28.1. Requirements
Tests, inspections, and approvals of portions of the Project required by the Contract Documents or by laws, ordinances, regulations, or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor will arrange for all, building inspections. All required Deputy Inspections and material testing will be arranged for by the Contractor. The Contractor is responsible for determining when and where all material tests, building inspections, and Deputy Inspections are required per the local jurisdiction requirements. Contractor shall bear all related costs of material tests and, Deputy Inspections and approvals. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Project.
28.2. Additional Testing
If MBL or other public authorities having jurisdiction determine that portions of the Project require additional testing, inspection, or approval not included in Subsection 28.1, the Project Manager will, upon written authorization from MBL, make arrangements for such additional testing, inspection, or approvals, and will give timely notice of when and where the tests and inspections are to be made.
28.3. Non-conformance
If such procedures for testing, inspections, or approval under Subsections 28.1 and 28.2 reveal non-conformance of the portions of the Project to comply with requirements established by the Contract Documents, the Contractor shall bear all costs necessary to bring the said portions into conformance including those of costs associated with repeated material testing and inspection.
28.4. Required Certificates
Required certificates of material testing, and Deputy Inspection shall, unless otherwise required by the Contract Documents, shall, upon receipt, be forwarded to the Project Manager and Contractor.
29. Conflict of Interest
No member of the management staff of MBL shall participate in the selection, or in the award or administration of the Agreement if a conflict of interest, real or apparent, would be involved. Such a conflict is determined in accordance with the Conflict of Interest Code adopted by the MBL.
MBL's management staff shall neither solicit, demand nor accept from any person anything of a pecuniary value for or because of any action taken or to be taken, in the performance of their duties.
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Contractor covenants that both itself and its principals and its subcontractors presently have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.
30. Organizational Conflict of Interest
Prior to entering into this Agreement, Contractor is required to inform MBL of any real or apparent organizational conflict of interest. Such organizational conflict of interest exists when the nature of the work to be performed under the Agreement may, without some restriction on future activities, result in an unfair competitive advantage to Contractor, or may impact Contractor's objectivity in performing the work under the Agreement.
31. Americans with Disabilities Act
Contractor shall ensure that the Station constructed under the terms of this Agreement meets the applicable Standards for Accessible Transportation Facilities, Appendix A to 49 C.F.R. Part 37.
32. Indemnification and Insurance
32.1. Indemnification
Contractor shall defend, indemnify and hold MBL, its Members, officials, officers, volunteers, agents, and independent contractors who serve as MBL officers, officials, or staff (hereinafter referred to as "Indemnities") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or willful misconduct of contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services and this Agreement, including without limitation reimbursement of damages and reasonable attorneys fees and other related costs and expenses.
Contractor shall reimburse Indemnities' reasonable defense costs, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnities. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnities in any such suit, action or other legal proceeding. Contractor shall reimburse Indemnities for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Indemnities.
32.2. Insurance
Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure 37 Request for Proposals I 0-06
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and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
32.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
(a) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (b) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (c) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
32.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than: (a) General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (b) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (c) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California with Employers Liability limits of $1,000,000 per accident for bodily injury or disease.
32.2.3. Insurance Endorsements
The insurance policies shall contain the following proVISions, or Contractor shall provide endorsements on forms supplied or approved by MBL to add the following provisions to the insurance policies:
32.2.4. General Liability
The general liability policy shall be endorsed to state that: (a) MBL, its Members, directors, officials, officers, agents, volunteers, and independent contractors who serve as MBL officers, officials, or staff (hereinafter referred to as Additional Insureds) shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (b) the insurance coverage shall be primary insurance as respects the Additional Insureds, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the Additional Insureds shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 38 Request for Proposals I 0-06
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32.2.4.1. Automobile Liability
The automobile liability policy shall be endorsed to state that:
(a) MBL, its Members, directors, officials, officers, agents, volunteers, and independent contractors who serve as MBL officers, officials, or staff (hereinafter referred to as Additional Insureds) shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (b) the insurance coverage shall be primary insurance as respects the Additional Insureds, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self
insurance maintained by the Additional Insureds shall be excess of the Contractor's insurance and shall not be called upon to contribute with it.
32.2.4.2. Workers' Compensation and Employers Liabilitv Coverage The insurer shall agree to waive all rights of subrogation against MBL, its Members, directors, officials, officers, agents, volunteers and independent contractors who serve as MBL officers, officials, or staff, for losses paid under the terms of the insurance policy, which arise from work performed by the Contractor. Workers Compensation Insurance shall contain endorsements equivalent to State Compensation Insurance Fund endorsements #2507 (waiver of subrogation), #0015
(additional insured employer), and #2065 (30-day notice of cancellation). Endorsements #2507 and #0015 shall name
MBL and its Members.
32.2.4.3. All Coverages
Each insurance policy required by this Agreement shall be endorsed to state that: (a) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to MBL; and (b) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to MBL, its directors, officials, officers, agents, volunteers and
independent contractors who serve as MBL officers, officials, or staff.
32.2.4.4. Separation of Insureds; No Special Limitations All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of 39 Request for Proposals I 0-06
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protection afforded to MBL, its members, directors, officials, officers, agents, volunteers, and independent contractors who serve as MBL officers, officials, or staff.
32.2.5. Deductibles and Self-Insurance Retentions
Any deductibles or self-insured retentions must be declared to and approved by MBL. Contractor shall guarantee that, at the option of MBL, either: (A) the insurer shall reduce or eliminate such deductibles or self insured retentions as respects MBL, its members, directors, officials, officers, agents, volunteers, and independent contractors who serve as MBL officers, officials, or staff; or (B) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
32.2.6. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to MBL.
32.2.7. Verification of Coverage
Contractor shall furnish MBL with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to MBL. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by MBL if requested. All certificates and endorsements must be received and approved by MBL before work commences. MBL reserves the right to require complete, certified copies of all required insurance policies, at any time.
32.2.8. Notice of Suite or Action Filed
The Contractor shall give MBL immediate notice of any suit or action filed or prompt notice of any claim made against MBL arising out of the performance of this contract. The Contractor shall furnish immediately to the MBL copies of all pertinent papers received by the Contractor. If the amount of the liability claimed exceeds the amount of insurance coverage, the Contractor shall authorize representatives of MBL or the Federal Government to collaborate with counsel for the insurance carrier, if any, in setting or defending such claim.
33. General Provisions
33.1. Cooperation; Further Acts
The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
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33.2. Attorney's Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
33.3. Time of Essence
Time is of the essence for each and every provision of this Agreement.
33.4. MBL's Right to Employ Other Contractors
MBL reserves right to employ other Contractors in connection with these Services.
33.5. Successors and Assigns
This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Contractor without the prior written consent of MBL.
33.6. Assignment or Transfer
Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of MBL. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Contractor's shareholders shall not transfer, sell, exchange, assign or divest themselves of interests in Contractor in such a way as to give majority control of Contractor to any persons, or entities other than the majority controlling interest therein as of the date of this Agreement without the prior written consent of MBL.
33.7. Construction; References: Captions
Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to MBL include its elected officials, officers, agents, volunteers and independent contractors who serve as MBL officers, officials, or staff except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
33.8. Amendment: Modification
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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33.9. Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. In no event shall the making by MBL of any payment to Contractor constitute or be construed as a waiver by MBL of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by MBL shall in no way impair or prejudice any right or remedy available to MBL with regard to such breach or default. The failure of MBL or the Contractor to enforce one or more of the terms or conditions of the Agreement or to exercise any of its rights or privileges, or the waiver by MBL of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.
33.1 0. No Third Party Beneficiaries
There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
33.11. Invalidity; Severability
If any portion of this Agreement is declared as invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
33.12. Authority to Enter Agreement
Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
33.13. Counterparts
This Agreement may be signed in counterparts, each of which shall constitute an original.
33.14. Exhibits: Precedence
The following documents are applicable to this Agreement in the following order of precedence in the event of conflict of any of their terms, and are contained herein or incorporated by reference:
1. Terms and Conditions as set forth in this Agreement.
2. Contractor's Best and Final Offer dated xxxxxl xx, 2010.
3. Contractor's Proposal dated xxxxl x, 2010.
4. All addenda to Request for Proposals 10-06 issued by MBL. 42 Request for Proposals I 0-06
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5. MBL's Request for Proposals 10-06, including, but not limited to, the technical requirements set forth in Exhibit A thereto.
33.15. Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement.
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PART Ill- TECHNICAL SPECIFICATIONS
34. General Intent
Contractor shall design, build, acquire permits, construct, operate and maintain the Station. All Contractor furnished equipment shall be new and un-used. Contractor shall successfully test the Station upon completion to confirm compliance with all specifications and contractual conditions listed herein. The Station will be located at MBL-400 South Taylor Ave, Montebello, CA 90640-5057. The Station will provide CNG fueling for the MBL CNG bus fleet located at the facility.
35. Technical Specifications
35.1. General
The following requirements in this Section have been limited to operational and technical related matters directly associated with the design, engineering, fabrication, permitting, installation, testing, operation, and maintenance of the facilities.
35.2. Project Goals and Objectives
The intent or purpose of the project is for the Contractor to design, engineer, fabricate, permit, install, test, warrant, operate, and maintain the new CNG fueling station facilities at the MBL Facility. The CNG fueling station shall be built on MBL's property and shall have the capability of fueling in a 7 hour period 30 heavy-duty transit buses to a temperature compensated 3600 psi pressure on a daily basis. The CNG facility will be constructed in the designated locations identified on the attached layout (Project Plans and Bid Forms). The Contractor will utilize a 3" diameter steel underground natural gas supply pipeline to be installed by Southern California Gas Company between the future Southern California Meter Set Assembly (MSA) at the South West corner of the property. (All cost shall be included in the project bid). The CNG fueling facilities must be constructed with minimum impact to the facility normal operations. The CNG fueling facilities must have minimum impact on surrounding neighbors and property owners relative to safety hazards, noise, liquid waste, and odors.
The Contractor is required, however, to design and install modifications to the existing bus fueling island, inspection pit, bus wash and chassis wash canopy, necessary to meet the Uniform Fire Code and Title 08 (2001 draft), as interpreted by the Montebello Building/Safety Department, and the Montebello and Los Angeles County Fire Department. It is the Contractor's obligation to determine all of the appropriate regulations. The Montebello Fire Department (MFD) has indicated that a gas collection shroud with a gravity ventilator exhaust above each dispenser should be considered.
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For more details see the layouts listed below which should be used as a reference guide in design layout plan of the complete facility. These are contained in the Project Plans and Bid Forms section.
Drawing Number
S-1
S-2
P-1
E-1
35.3. MBL's Responsibility
Layout
Site Photographs
Flow Schematic
Electrical One Line As
Built and Area Electrical
Classification
MBL will provide the following specific services in support of the project:
35.3.1. Complete set of as built Montebello facility project drawings.
35.3.2. Coordination during the design phase.
35.3.3. Approval of the final location of the compressor system and components.
The contractor is to determine the exact configuration within the designated CNG compound area.
35.3.4. Approval of all project permit conditions imposed by city, county and state agencies.
35.3.5. Approval of all vendor equipment selected by the Contractor.
35.3.6. Approval of all project schedules and milestones.
35.3.7. Monitoring progress during the project permitting phase.
35.3.8. Periodic inspection during construction.
35.3.09. Approval of final acceptance and start-up testing for performance and function verification.
35.3.10. Upon completion of the project and during testing, all labor, and supporting resources to operate the CNG dispensers during bus filling operations on a daily basis.
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35.3.11. Coordinate the installation of the natural gas MSA and associated service line extension as well as pay for associated costs, if any.
35.3.12. Construction Management.
35.4. Contractor's Responsibility
The Contractor shall be responsible for planning, designing, engineering, drawings, specifications, permitting, equipment, fabrication, installation, construction, and operation/maintenance of the complete CNG fueling station.
Additional responsibilities include the following:
35.4.1. Submittal of all detailed drawings, specifications, calculations, and all other related documents required for permit acquisition, scheduling permit inspections, and final signoff of permits.
35.4.2. Obtaining the new CNG station "Permit to Operate."
35.4.3. Purchase and install all CNG station components, such as two each skids with one 500 scfm compressor enclosed in each skid.
35.4.4. Purchase all CNG compressors as CNG compatible for 99.999% purity gas.
35.4.5. Coordinate with MBL to minimize disruptions to bus operations.
35.4.6. Conduct tests to insure the complete fueling station meets or exceeds the performance specifications criteria.
35.4.7. Contractor shall work with Southern California Edison to install appropriate electrical power supply and included all costs and anticipated cost for the installation and transformer required to support load levels.
35.4.8. Connection of Southern California Gas MSA to the natural gas supply line to the compressor compound. Connect the outlet end of the underground gas supply line to the dryer suction.
35.4.9. Install gas detection monitors, collection shrouds and gravity ventilators above each dispenser at the overhead canopy.
35.4.1 0. Replace the existing light fixtures mounted on the fuel island, Bus Wash Building, brake inspection pit and chassis wash area, with explosion proof lights (LED) of equal intensity. Contractor is to use the most efficient lighting available that will provide the same illumination as the current light fixtures.
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35.4.11. Install removable barriers, around a secured gated enclose for the proposed CNG compound site per.
35.4.12. Provide Internet based website access for MBL monitoring of the CNG station operating systems including dispenser operation.
35.4.13. As built drawings at the completion of the project to be provided to MBL in the forms as follows but not limited to:
• AUTO CAD 2000,
• BOUND HARD COPY
• CD.
35.4.14. Provide 6 BOUND copies of Operations and Maintenance manuals containing CNG station operating procedures and vendor equipment.
35.4.15. Detailed training programs for MBL staff.
35.4.16. Obtain California Environmental Quality Act (CEQA) and Conditional Use Permit (CUP) Modification approvals for the projeci from the City of Montebello.
35.4.17. Natural gas supply pipeline from the gas utility service connection for the compressor system to the compressor compound.
35.5. Vehicle Fuel/Natural Gas Supply
A high pressure natural gas supply, minimum of 10 psig, and meter set assembly (MSA) will be installed by Southern California Gas Company at the northwest corner of the property. Contractor will coordinate the installation of the MSA and associated service line extension as well as pay for associated costs, if any.
Contractor shall confirm with Southern California Gas Company the actual suction pressure available and the level of oil, water, and other contaminants in the gas. Contractor shall design the compressor system to remove contaminants to the necessary level in order for the equipment to meet the performance specifications and the CNG Operational Requirements in Subsection 35.8.
Contractor is responsible for ensuring the oil, water, particulates, and other contaminants do not exceed maximum specifications. Contractor shall guarantee that 3600 psig CNG temperature compensated to 70 F will be delivered at the dispenser nozzle outlet meeting the following minimum requirements:
1. Oil level less than 0.5#/MMSCF per ASTM Standard J 1616
2. Water level less than 0.5#/MMSCF
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Contractor's guarantee shall extend to the full base 5-year life of the operations and maintenance agreement with MBL. Contractor shall test the compressed gas at the nozzle for oil and water every three (3) months during the base 5-year period of operation and maintenance service.
35.6. Summarv of Work
The following is a general list that includes, but is not limited to, significant components in the project. The list is only to be used as a guide by the Contractor to determine a complete list of the final detailed scope of work.
35.6.1. Become familiar with the MBL Facility existing bus fueling and queuing operations.
35.6.2. Become familiar with MBL's CNG bus fueling operations requirements.
35.6.3. Verify location of gas connection, pressure available and gas supply quality. Contact information Southern California Gas.
Mike Bolin
NGV Account Executive
Southern California Gas Company
Ph: (213) 244-5115
Cell: (213) 200-1585
[email protected]
35.6.4. Determine the electrical power requirement including voltage and amperage and meters from Southern California Edison. Contact information SCE.
Cassandra D. Jones
Southern California Edison
Planner II
Compton Service Center
Ph: (310) 608-5085
FX: (310) 608-5033
[email protected]
35.6.5. Complete a preliminary plot plan, routing plan, and flow schematic for the compressor compound area and the fuel dispensing area, and obtain MBL approval before proceeding with detailed design and engineering.
The plot plan and schematic shall include major components, compressor, lighting, grounding, barrier protection, separation fencing, equipment configuration and location, and emergency shutdown devices.
35.6.6. Develop the final design development documents consisting of the plot plan, flow schematic, fueling curve, and schedule, and obtain MBL's approval.
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35.6.7. Prepare final designs, calculations, drawings, vendor specifications and construction specifications.
35.6.8. Secure all permit approvals and present evidence to MBL.
35.6.9. Acquire, procure and fabricate new components for the complete fueling station including an "Optional" de-fueling station to recover CNG fuel from a bus.
35.6.1 0. Complete construction of the CNG fueling station, including foundations, fencing, electrical systems, lighting, grounding, paving and grading, safety signs, and a gas detection and alarm system with a remote monitoring annunciator panel.
35.6.11. Conduct system performance testing to confirm the system meets all mechanical, electrical, quality, and CNG fuel delivery specifications.
35.6.12. Train MBL on site personnel (Montebello facility service Contractor and MBL personnel) on the mechanical, electrical, and safety equipment operation of the station.
35.6.13. Train local Fire officials on all aspects of CNG fueling, maintenance, emergency response, system deactivation and isolation, and safety equipment operation of the CNG station.
35.6.14. Deliver on spec CNG fuel at 10 DEG/minute at 3600 psi (temperature compensated) simultaneously to each of the two dispenser fueling nozzles for filling MBL's buses.
35.6.15. Ensure Southern California Gas Company (SCGC) supply all of the gas for CNG bus filling and operation of the gas engine drives.
35.6.16. Supply all of the power for the motors and the entire CNG station from an independent, external source directly from Southern California Edison.
35.6.17.Provide operations and maintenance service for the CNG station over the base 5-year Agreement period.
35.7. Special Requirements
All design and engineering calculations, drawings and specifications must be stamped and signed by Registered Engineers in the State California for a specialty appropriate for the work being approved. The pre-fabricated compressor skids, dryers, electric drive motors and other major components, which are designed and manufactured per US codes and standards including 49 Request for Proposals I 0-06
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appropriate stamps and labels, must be approved by the City of Montebello. All remaining construction activities must be performed by Contractors and subcontractors bonded and licensed in the State of California. Contractor will be required to obtain a City of Montebello Business License.
All high-pressure gas tubing and piping shall be completed only by Contractor personnel specially trained by the tubing manufacturer. Each Contractor person working on high-pressure tubing and piping shall have a certificate from the manufacturer denoting attendance at a training class.
All Contractor welders shall be certified to weld stainless steel pipe and carbon steel pipe for high- pressure gas service per ANSI B 31.3 criteria.
35.8. CNG Operational Requirements
35.8.1. General
The following requirements are provided to offer the Contractor a general guidance for the design of the CNG fueling station. The final product must be proven to be capable of producing a performance that is equal to or exceeds the Performance Specification in Section 37 of this Exhibit.
35.8.2. Codes And Standards
The system shall be designed in full compliance with the latest edition of the applicable sections of the following codes, standards, and guidelines.
Where conflict exists, CONTRACTOR shall follow the most stringent or the direction of the Authority Having Jurisdiction (AHJ). ·American National Standards Institute (ANSI)
• American Society of Testing Materials (ASTM)
• American Institute of Steel Construction (AISC)
·American Welding Society (AWS)
• National Institute of Standards and Testing (NIST)
• California Code of Regulations (CCR)
• California Environmental Quality Act (CEQA)
• Uniform Building Code (UBC)
• Uniform Fire Code (UFC)
• National Fire Protection Association (NFPA)
• National Electric Code (NEC)
• South Coast Air Quality Management District (SCAQMD)
·American Concrete Institute (ACI)
• National Electrical Manufacturers Association (NEMA)
• Underwriters Laboratory (UL)
• Factory Mutual (FM)
·American Gas Association Natural Gas Vehicle (AGA-NGV) • International Approval Services (lAS)
• Instrument Society of America (lAS)
50 Request for Proposals I 0-06
CNG Fueling Station
• Society of Automotive Engineers (SAE)
• American Petroleum Institute (API)
• State of California Department of Health and Safety - Title 8 Article 7
35.8.3. Scope of Work
The scope of work for the project includes the planning, design, engineering, drawings, specifications, permitting, equipment, fabrication, installation, construction, and operation/maintenance for the complete CNG fueling station for a base period of five-(5)-years. The CNG compressor station general site layout was determined, and the underground gas supply line will be installed in coordination with the Contractor and SCGC.
For the purpose of outlining the technical requirements, the scope of work has been divided into the following categories:
1. System Requirements
2. Environmental Requirements
3. Safety Requirements
4. CNG Compressors and Compound Equipment, including secured fencing
5. Fueling Station Dispensers and Fuel Management System
6. Gas Detection System
7. Performance Testing
8. Training
9. Operations and Maintenance Services
10. Drawing and Specification Requirement
35.8.4. System Requirements
The station is to be located at the City of Montebello, Transportation Department400 South Taylor Ave. Montebello, as shown on layout S-1 A and B. The station shall be capable of operating off a 3" inlet gas-line with a minimum line pressure of 13-psi, during the winter months and 40 PSI in the summer months, and shall supply compressed natural gas to the pump station at 3600 PSI. The station pumps are estimated to be 307 feet from station.
The station shall have a mtntmum of two-(2) completely brand new, separately skid mounted, completely enclosed electric driven 500 scfm compressors each, both totaling 1000 scfm. Skids shall have enough ventilation to maintain cooling of all components to manufactures specifications, and meet a maximum noise level of 70 db, standing out side the compressor skid at any point around the skid. The skid shall have stainless steel outer door openings on both sides of compressor skid, for ease of preventative maintenance and repair. The support 51 Request for Proposals 10-06
CNG Fueling Station
frames shall be galvanized not painted for longevity and low maintenance. Oil drain shall be located on the exterior of the skid for ease of draining. Doors shall have locks and heavy duty knobs.
35.8.4.1. Compressors, shall be Ariel JG/4 500 scfm compressors, or approved equal and may require a booster to ensure the
system can maintain operation off the line pressure provided by SCG, both totaling 1000 scfm, or approved equal. If a compressor boost is necessary contractor shall specify.
Compressor shall be set in the skid in such away that it minimizes repairs for ease of maintenance or other
unforeseen concerns. The CNG compressors shall be
designed to delivery enough fuel and be capable of fueling 30 CNG transit buses. Each bus will be filled to 3600 psig temperature compensated to 70 F in a 7 hour night time period with an average of 55 DEG (Diesel Equivalent Gallon) per bus.
On board CNG capacity of each bus is 17,500 scf@ 70 F.
35.8.4.2. Electric drive motors, shall be Baldor premium efficiency 460 volts, 60Hz, 250 HP, 1780 rpm. ECP4008T-4 or approved
equal, and incorporate Baldor, model MN850, Digital Soft Start, or approved equal. This will provide a smooth rnotor acceleration to full speed, and required by Southern California Edison.
35.8.4.3. Coalescent filters, the system shall have twin coalescent filters to remove oil, reference Parker Hannifin, part number J2SD- 4CWC11-035 or approved equal and incorporate Differential Pressure Gauges, reference Parker Hannifin, part number DPI-25 on each end of the coalescent filters for ease of troubleshooting and determine when to replacement the filter elements.
35.8.4.4. Cooling fans, skids shall incorporate high efficiency brushless cooling fan motors used to maintain system temperature
inside enclosure.
35.8.4.5. Vessels, storage of CNG, shall be CP Industries, or approved equal with a 24 year minimum life span and require only painting every five-(5)-years. There shall be a minimum of three to four storage vessels, and sized to 23ft long by 6.5 inches wide each vessel and shall be stacked, contractor shall determine appropriate number. CNG spheres may also be
used to minimize the footprint required; however they must meet RFP specifications.
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CNG Fueling Station
35.8.4.6. Dryer of CNG, shall be a Xebec-fully automatic heat reactivated twin tower natural gas dryer, model 200HRBNGX, or approved equal. Dryer system shall be capable of
displaying dryer status and alarms at all times, on a large easy to read LCD text display. System shall be energy efficient fully automatic and maximize desiccant regeneration, and shall be designed for continuous duty cycles. System shall operate on a minimum of a 3" FLG with 10 psig.
35.8.4.7. Gas Detector, each skid/station shall incorporate gas detection and include in the skid a virtually maintenance free infrared hydrocarbon gas detector. Gas detector shall be designed for harsh environments, be continuous self-testing and
automatically indicate faults, and be connected to a digital display transmitter, connected to the main operator interface to be located at the Corporate Shop Supervisors Office.
Reference SE Sensor Electronics, model 3500, with SEC
Millennium Infrared Hydrocarbon Gas Detector incorporated with SEC 3100 Universal Transmitter.
35.8.4.8. CNG station location shall have barriers and fencing with a large sliding gate for ease of replacing parts and large enough for a vehicle/forklift, and also include an emergency pedestrian exit gate. Fencing shall be Iron Fencing, hot dip galvanizing, 8 ft overall height. Tubing/Slates shall be square, 1.5" flat top, with 4" gap between tubing/slates. Support rails between posts, used to secure Square Tubing/Slates shall be 3" square tubing and posts shall be 4" square tubing. Rolling gate, of same material to match fencing, with two ball bearing 4" wheels reference Grainger item# 1 UBN1, with an estimated size of 15' wide and 8' feet tall, overall matching fence height.
Gate height shall include wheels and surface mounted steel guide rail, when measuring rolling gate to match height of fencing. A pedestrian walk through gate, egress toward
parking lot, shall be of same material and match the fencing, and include a heavy duty keyed lock, reference, Grainger, Item No. 2XZH5 . Bollards shall be 43" in height and 24" wide.
Bollards shall be placed on the exterior of the fence and spaced enough to prevent a vehicle from damaging fence.
Bollards, facing the North Fencing shall be removable, as well as fencing in this section.
35.8.4.9. The fueling of buses shall take place at the fuel island, which is estimated to be 307 feet from the CNG station location. The fueling of vehicles shall include two one hose stand alone transit style CNG dispensers on each fueling lane, which shall 53 Request for Proposals I 0-06
CNG Fueling Station
35.8.4.10. 35.8.4.11.
be located with-in a five feet radius to MBL's existing Diesel and Unleaded pumps.
Fueling dispensers - shall incorporate single-line dispenser that meters out put of the CNG and provides you a display on both sides of the dispenser. Dispensers shall incorporate a breakaway Sherex in-line, Sherex CT 5000 nozzle, manual shut off valve for emergency, ASME relief valve, parker finite J6 filter, grade 4 element, 6000 psi, oil filled gauge, pit box to support dispenser, electronic back lighted display. Reference one hose stand alone Transit CNG dispensers: ANGI International, 5000 Series or TGT (Tulsa Gas Tech) T7104-12CNG50. Both dispensers shall be installed on the existing fueling island; one on each inside fueling lane. Fill time per bus for 30 buses: 7.1 minutes per bus or 8 buses per dispenser hose per hour. The seven one (7.1) minute time frame is based on fueling nozzle connection at the beginning of the fill to the fuel nozzle disconnection at the end of the fill (i.e., the fill time excludes the time to queue the bus). Maximum bus fill rate is 4000 scfm.
Fueling dispenser system shall be fully automated and controlled by a new fuel management system (FMS). MBL will be replacing the current E-Fueling technologies FMS. THE CURRENT FUEL
MANAGER SYSTEM SHALL BE UPGRADED WITH A NEW
FUEL MANAGER SYSTEM AND INCLUDE THE ADDITION OF A
FUEL MANAGER CONTOLLER HEAD ON THE SOUTH SIDE OF
THE FUEL ISLAND.
The fuel island currently has one Fuel Manager Controller head, located on the North side of the island, for both fueling lanes. The Control Unit (ICU) device, located of the fuel island, is used to turn fuel dispensers on and off, monitor fuel dispensed, recognized authorized media, and interface with existing dispensers (Input of City vehicle number will turn on hose associated with that vehicle).
The current fuel Manager shall be replaced with a new FMS with HID Proximity Reader and Wifi capability for vehicles that will have Wifi modules. The North and South fueling lanes shall be wired to operate the lane for which it is associated with. For example: The FMS on the North Fuel Island shall control the Diesel, Unleaded, CNG as well as engine oil, ATF and coolant dispensers. HID and Wifi shall be used to activate dispensers for vehicles equipped with Wifi modules and or vehicles which are assigned HID proximity key fobs. The South side of the fuel island shall have a new FMS installed to function the same as the North side of the island controlling Diesel, Unleaded, CNG, engine oil, ATF and coolant dispensers, with in its vicinity.
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CNG Fueling Station
The up-grade of the current Fuel Manager, on North and South side of the fuel island, shall follow best practices from the appropriate Fuel Manager, that is submitted as part of the bid. Montebello Bus Lines would like contractor to reference the following fuel managers or approved equal that meet the GSA pricing schedule and or National Joint Powers Alliance (NJPA). Please refer to the following two vendors:
• Fuel Master, Ron Sawvel, District Manager, 918 Cell: (909) 921- 5526 part of NJPA._Contract #052109-SYS Fuel Master Model# 3500 AIM 2
• Fuel Focus, Joseph Basile, 121 Chestnut Drive, Quakertown, PA 18951. [email protected] Cell: (610) 228-0120 has the GSA pricing. Contract Number: GS-35F-4731 G. Fuel Focus Model # RFC-2500
Fuel manager system shall include the following:
• 2 ea. Fuel Manager Terminal-S hose includes: weather proof stand with key pad
• 2 ea. Key fob/HID reader mounted to front panel of FM • 2 ea. Wireless communication card, to identify Vehicles • 16 ea. Hose controller cards for Diesel, Gasoline, CNG and Eng.
Oil, ATF Coolant
• 1 ea. Veeder-Root fuel tank monitoring interface card, to read and access fuel levels and tank alarms.
• UPS power conditioner
• 2 ea. Nozzle Transponders for Diesel
• 2 ea. Nozzle Transponders for Unleaded
• 2 ea. Nozzle Transponders for CNG
• 1 ea. Software/Fleet Integration License to/for SQL server MS 2005 server
• 6 ea. Single Stage Solenoid/Pulser 1" NPTF fittings (for oil, ATF and Coolant) to replace existing Pulsers used for the named products.
• 250 ea. HID/Key fobs
• 81 ea. Vehicle ID boxes to turn on pumps/fluids wirelessly with fill tube antenna, and necessary programmer if needed.
• Shipping costs
• 5-Year warranty on Software/upgrades, parts and support 55 Request for Proposals I 0-06
CNG Fueling Station
System shall include spare parts, minimum of 10% to ensure minimal down time and include: Key pad, LCD Assembly, Main Board Assembly, Modem board, Pedestal I/O board, HID card reader
The following shall also be included in the pricing of the system:
• Kick-off meeting
• Project management
• Vehicle module installation training
• Installation and configuration of software
o Set-up training
• Operations Training
• Installation of site hardware
WARRANTY. The manufacturer shall warrant software and all parts and include shipping cost of all equipment supplied for a period of five-(5)-years.
The warranty shall include software upgrades, parts replacement, and assistance with troubleshooting, and shall include the cost of a technician that shall be dispatched at contractor's expense to Montebello to identify and correct concern, if MBL can not correct the issue with phone support.
Note:
• Contractor shall provide itemized cost for all items listed above when submitting proposal.
• Conduit for electrical for this project is already in place. o New Fuel Manager Location has been identified and conduit is in place.
• All electrical is home run from each dispenser and future Fuel Manager and current fuel manager to the gutter box.
• Pulsars already exist and shall be replaced with new for Engine Oil, ATF and Coolant.
35.8.5. Environmental Requirements
Environmental permitting required shall be contractor's responsibility to obtain CUP Modifications and CEQA permits from the City of Montebello for the CNG project.
Repair garage building modifications are not included in this project.
35.8.6. Safetv Requirements
Contractor shall be familiar with safety in design, construction, and startup for a CNG station. Contractor shall submit the following to MBL during the course of the project for MBL's approval:
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CNG Fueling Station
• A complete drawing and specification package with dedicated safety drawings related to system safety signs and safety labels. • A plan for CNG station and fueling systems startup and debug. • Checklist for testing safety equipment and alarms before startup. • Safety audit upon completion of the project.
• Final walk thru with the LACFD-1 and California Title 8 officials at the completion of the project.
• Permit to Operate posted at the site at all times during the contract. • Material Safety Data Sheet (MSDS) posted at the compressor compound and the fueling island.
35.8.7. CNG Compressors and Compound Equipment.
The following is provided for Contractor consideration in the design, construction, operation, and maintenance of CNG compressors:
35.8.7.1. Down time on any one compressor shall not reduce CNG fuel available so that the entire fleet cannot complete fueling in the 7 hour fueling window as shown in Section 37 Performance Specifications.
35.8.7.2. The compressors, regardless of the type, make or configuration, number of stages, piston direction, must be new and capable of meeting all of the operational requirements in Section 37 Performance Specifications.
35.8.7.3. Compressors shall be a standard type of compressor and must have parts available within a day, reference Ariel JG/4-4 compressors (www.arielcorp.com).
35.8.7.4. The compressor drivers shall be electric. Reference Baldor premium efficiency 460 volts, 60Hz, 250 HP, 1780 rpm.
ECP4008T-4 or approved equal, and incorporate Baldor,
model MN850, Digital Soft-Start, or approved equal. This will provide a smooth motor acceleration to full speed, and
required by Southern California Edison.
35.8.7.5. Compressor skids shall have minimum vibration during operations. The vibrations shall be within the acceptable tolerance per API 618. It is the Contractor's responsibility to meet this requirement.
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CNG Fueling Station
35.8.7.6. Each compressor skid including, but not limited to, the driver, inter-stage heat exchangers, pulsation vessels, blow down vessels, liquid separation tanks, filter/ coalescers, gages and related piping and tubing shall be housed in a weatherproof and acoustically lined metal enclosure. The noise level immediately outside any point of the CNG compound
separation wall shall be <than 75 dbA.
35.8.7.7. Each compressor skid enclosure must be transportable over highways and freeways.
35.8.7.8. Each compressor skid must be sufficiently ventilated to prevent overheating and adequately sized for operations and maintenance access.
35.8.7.9. Each compressor enclosure skid shall have a gas detector with alarm set at 25% of the Lower Explosion Limit (LEL) as approved by the LACFD-1. An alarm and warning system with a white strobe light must be installed on each compressor skid for local notification and connected to the Montebello
Maintenance Supervisor's office. Reference SE Sensor
Electronics, model 3500, with SEC Millennium Infrared
Hydrocarbon Gas Detector incorporated with SEC 3100
Universal Transmitter.
35.8.7.10.AII equipment including the compressor skids, gas dryer, CNG ASME storage vessels, control panels, gas meter set
assembly and all auxiliary equipment shall be stored within the designated storage area.
35.8.7.11.lf pneumatic controls are used, the CNG system will have its own compressor and dryer system that will be installed in the compound.
35.8.7.12.Emergency shutdown switches (mushroom type with reset) shall be installed on each compressor enclosure, between 25 feet and 75 feet from dispenser(s), and between 25 feet and 75 feet from the defueling panel.
35.8.7.13.Provide explosion proof lights (LED) inside and outside of each compressor enclosure. The lighting level ten feet from the light inside the compressor skid shall be 30-foot candles.
Provide a manual switch control next to the enclosure access door.
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CNG Fueling Station
35.8.7.14.Provide compressor compound site lighting (LED) by using the existing lights on the Bus Wash Building. Replace the light fixtures with explosion proof rated lights approved by the AHJ.
35.8.7.15.AII new CNG piping shall be welded 304L or 316L stainless steel piping or tubing except the suction piping between the utility gas connection and the compressor suction connection flange. All welders shall be certified per ASME and ANSI codes.
35.8.7.16.Contractor shall provide the suction piping to connect the supply piping to the compressor suction. The suction piping will be ASTM A -106 Gr B seamless carbon steel piping and will be welded. All welders shall be certified per ASME and ANSI codes.
35.8.7.17.Provide twin tower regenerative gas dryer with 4000 scfm capacity rated to remove from 10 to 15 pounds per MMscf of water down to 0.5 pounds per MMscf or 5 ppm meeting the requirements of SAE J1616. Reference Xebec-fully automatic heat reactivated twin tower natural gas dryer, model
200HRBNGX, or approved equal
35.8. 7.18. Provide fire extinguishers and safety sign age required by NFPA 52 and the LACFD-1.
35.8.7.19.Compressor compound shall blend into existing paint color scheme if painting is needed.
35.8.7.20.Provide grounding for the each of the compressor compound components and the fueling island components.
35.8.7.21.Provide Material Safety Data Sheets.
35.8.7.22.Contractor shall provide twin coalescent filters with gauges at the inlet and outlet to v~rify inlet CNG Fueling Station Dispensers and Fuel Management System There are 2 fueling lanes at the existing fueling island with 2 existing
diesel/gasoline dispensers on each island. Contractor is to leave existing diesel/gasoline dispensers in operation during the project construction. Contractor shall install two (2) new one hose stand alone transit CNG dispensers, reference Tulsa Gas Technologies, Inc. (www.tulsagastech.com).
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35.9. Specifications Applicable to each CNG Fueling Lane
35.9.1. The dispenser design and configuration along with a photograph of the design shall be submitted to MBL with the Contractor's bid.
35.9.1.2. The fueling lanes shall be equipped with 1 ea one hose stand alone Transit CNG dispensers, reference TGT, model TGT T71 04-12CNG50.
35.9.1.3. The existing Dispenser controls on North Side of fuel island, from E Fueling Technologies, shall be upgraded, and a new Dispenser control added to the south side of fuel island to incorporate the CNG dispensing and Diesel and Unleaded fuel controls. The upgrade shall include:
o 1 ea. PIN# 2450-009 Display 2 line assembly for FM use.
Includes Bl power cable.
• 1 ea. PIN# 2025-230-002 Power Supply RF
• 1 ea. PIN# 2025-208-006 Front Panel Extender-Wiegand
o 1 ea. PIN# 2025-015 RF Mux
• 1 ea. PIN# 1419-002 Fuel Manager front door assembly, replacing the existing door.
• 1 ea. PIN# 2002-015-W HID Prox Reader Wiegand
o 1 ea. PIN# 2025-015 RFMux Trande in.
• 1 ea. PIN# 5500-006 Pulser Coolant
• 8 ea. PIN# 4550-003 Single Stage SolenoidiPulser 1"
NPTF fittings 8
o 4 ea. PIN# 5500-005 Oil Pulser
• 2 ea. PIN# 2002-015-W HID Prox Reader Wiegand
• 2 ea. PIN# 2025-200-8-R2 New 8 Hose Relay Board with
AC Pulser Input and Fuses
• 2 ea. PIN# 2025-009-006 Dispenser Control Module
(DCM) Mark II
• 5 ea. PIN# iNet Modem Ethernet Network TCP/IP
• 26 ea. PIN# 2025-068 Vehicle Data Modules-J1708
o 26 ea. PIN# 1200-155-25 VDM Antenna's 25ft
e 300 ea. PIN# 1346 HID ProxKey II Fob
o 1 ea. PIN 1401-226 Fuel Manager with stand, 8 Hose with 8 channel RF Mux. Placed on the south side of fuel island. o 5 days PIN# 9501-101 Factory start up and commissioning o 5 days PIN# 9501-002 Travel Expense
• 1 ea. PIN# 9500-103 Onsite Tech Support
Note: All controls shall be designed for the appropriate electrical classification.
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35.9.1.4. The dispensers shall be installed with a minimum clearance of no less than 5 feet from the overhead lube hoses. The
overhead lube hoses are suspended underneath the overhead canopy.
35.9.1.5. The dispensing hoses will be structurally supported and shall be retractable so that the hose will not encroach on the bus lane driving space when not in use.
35.9.1.6. Each of the two dispensing hoses shall be rated for 10 DEG/min, 5000 psig, a length of 12 feet and electrically bonded for grounding
35.9.1.7. Hoses shall be connected to an AGA-NGV or equal approved breakaway device. Breakaway device shall not cause damage to the mechanical connections or the hoses when activated.
35.9.1.8. Oil carryover and water content shall meet the Performance Specifications included in Section 37.
35.9.1.9. CNG flow to the bus must be stopped when the pressure reaches 3600 psig temperature compensated. The fill
pressure must never exceed 4200 psig.
35.9.1.1 0. Dispensing control will be through the upgraded, existing E Fueling Technologies panels. The emergency shutdown
system shall shutdown the fueling panels and the control lights.
35.9.1.11.Any faulty condition identified shall be annunciated on the display panel on the compressors and on the remote
monitoring system.
35.9.1.12. Contractor shall provide a gas leak detection/monitoring system and warning light with a canopy vent approved by the LACFD-1 at the high point of the island canopy. Provide warning and alarm signal locally at the island and remotely to the Maintenance Supervisor's office
35.9.1.13. Dual 6000 psig pressure gages shall be provided at each dispenser nozzle.
35.9.1.14.Each dispenser shall have an Emergency Shutdown Device (ESD) located within 5 feet of the dispenser fuel control panels. The ESD, when activated, shall shutdown all
compressors, automatically disconnect all electrical power 61 Request for Proposals I 0-06
CNG Fueling Station
except the gas detection system, close the gas supply valves, close all compressor discharge valves, and cutoff all CNG to the dispensers
35.9.1.15.AII relief valves and valve vents shall be designed per NFPA and API standards for weather protection, with date and set pressure labels.
35.9.1.16. Provide an ESD adjacent to the existing diesel/gasoline ESD
35.9.1.17.1nstall and configure the Multi-Force card reader for remote fuel monitoring in the Maintenance Supervisor's office.
35.10 Fire Protection/Gas Detection System
A gas leak detection/monitoring and warning system shall be installed at the compressor compound, for the compressor skids and the general area, and at the CNG fueling island area. The system must meet the requirements of Uniform Fire Code and be approved by the LACFD-1 prior to installation.
35.1 0.1. System shall consist of UL or LACFD-1 approved gas detection system with audio and visual alarms in accordance with NFPA 72 and 72E.
35.1 0.2. Each sensor shall have an amber light to indicate alarm with proper piping and instrumentation for calibration in place.
35.1 0.3. The gas detection system is to be connected to the Montebello facility emergency power supply and UPS systems and will be fully functional during a power outage or ESD activation.
35.1 0.4. Each compressor will have a 100 DBA warning horn and a white strobe light 10 feet above the compressor enclosure and connected to the overall detection system. All components shall meet area electrical classification requirements
35.1 0.5. The levels of annunciation shall be included on an annunciator panel in the Maintenance Supervisor's office.
35.1 0.6. The compressor facilities main control panel shall record system shutdowns, either via PLC or otherwise, caused by the 50% LEL alarms
35.11 Startup and Debug/Performance Testing
Contractor shall develop a comprehensive plan for system startup including number of test CNG buses for filling, various system testing protocols, utility support, and vendor resources planned for the event. Contractor will submit this plan to MBL 48 hours prior to startup for review of both the startup plan and the performance test plan. Contractor will be allocated 1 week in the schedule to get 62 Request for Proposals I 0-06
CNG Fueling Station
the system operational and complete performance tests. Any equipment failures or safety incidents during this period will be the sole responsibility of the Contractor. MBL will provide CNG buses for test filling purposes and will provide personnel to connect the CNG fueling nozzles to the CNG buses only. MBL will have its' Montebello Facility mechanics and electricians available on standby to the Contractor in case there are questions or issues regarding existing facilities.
Performance tests will be conducted in the following manner:
35.11.1. The fueling rate at the two (2) transit style dispensers must be tested simultaneously, to prove that it equals or exceeds the rate in the Section 4 Performance Specifications.
35.11.2. The entire CNG fueling station must show that it can fill 16 buses in 1 hour under typical operating conditions for four (4) consecutive days without any problems, alarms, shutdowns, and/or deficiencies. A complete four (4) day retest is required if a failure occurs in the four (4) day test period.
35.11.3. The gas detection and monitoring systems shall be tested by releasing a small quantity of natural gas next to each sensor in the compressor compound area and at the fueling island dispenser area, and observing gas detection system activation and shutdowns. The LACFD-1 shall approve this testing.
35.11.4. Each of the ESDs must be tested independently to prove that it works properly.
35.11.5. The backup emergency power systems must be tested to prove that the gas detection and emergency system still function in a power outage.
35.11.6. The noise and odor levels shall be tested to ensure they are within specifications.
35.11.7. The compressed gas in the filter coalescers and at the dispenser nozzle should be checked for water and for lube oil.
35.11.8. Provide dryer testing for water removal and regenerate the dryer to check performance.
35.12. Drawings and Specification Requirements
Contractor shall produce all necessary detailed drawings and specifications in Auto CAD 2000, to permit and construct the facilities. This drawing package should contain as a minimum the following:
The generic list below is a summary of the drawings that must be completed and approved by MBL prior to permitting and construction. The three CAD drawings 63 Request for Proposals 10-06
CNG Fueling Station
provided by MBL of the plot plan, flow schematic, and electrical system can be included with these Contractor drawings, at the discretion of the Contractor.
Drawing No.
1. cs
2. C-1
3. C-2
4. M-1
5. M-2
6. M-3
7. M-4
8. M-5
9. S-1
10. S-2
11. S-3
12. E-1
13. E-2
14. E-3
15. E-4
16. E-5
17. SS-1
18. SS-2
19. FPGD-1
20. FPGD-2
35.13 Construction Specifications
Drawing Title
Cover Sheet
Facility Site Plan
Site Plan- CNG Station
Flow Schematic Diagram
Piping & Instrumentation Diagram
Piping and Equipment Plan
Piping Sections and Details
Sheet 1 Compressor Area
Piping Sections and Details
Sheet 2 Dispenser Island
Foundation Plan and Details -
CompressorsNessels/Dryer
Enclosure Wall Plan and Details
Foundation Plan and Details -
Dispenser Post, Micro Motion
Panel and Electrical Panels
Electrical Single Line Diagram &
Panel Schedule
Electrical Plot Plan
Electrical Grounding Plan and
Details
Electrical Controls Schematics
Electrical Details
Safety Signs- Sheet 1
Safety Signs- Sheet 2
Fire Protection/Gas Detection
System
Fire Protection/Gas Detection
System
The generic list below is a summary of the construction specifications that must be completed and approved by MBL prior to permitting and construction.
35.13.1. Special Conditions
35.13.1.1 35.13.1.2.
35.13.1.3. Scope of Work
Major Equipment to be Installed
Materials
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35.13.1.4. Material Handling and Storage
35.13.1.5. Site Conditions and Utilities
35.13.1.6. Company Representative and Contractor's Personnel
35.13.1. 7. Construction Schedule
35.13.1.8. Safety and Work Conditions
35.13.1.9. Repairs of Damaged Property
35.13.1.1 0. Testing and Inspection
35.13.1.11. Drawings
35.13.2. Concrete, Masonry and Earthwork
35.13.2.1. General
35.13.2.2. Concrete and Masonry
35.13.2.3. Concrete Masonry Enclosure Wall
35.13.2.4. Earthwork, Trenches and Excavations
35.13.2.4. Installation
35.13.2.5. Concrete Testing
35.13.2.6. Finishes
35.13.3. Mechanical and Piping
35.13.3.1. General
35.13.3.2. Design Conditions
35.13.3.3. Pipe Specifications
35.13.3.4. Tubing Specifications
35.13.3.5. Installation of Mechanical Equipment
35.13.3.6. Fabrication, Handling and Storage
35.13.3.7. Welding
35.13.3.8. Coating and Wrapping
35.13.3.9. Strength Testing and Inspection
35.13.3.1 0. Purging and Pressurizing
35. 13.4. Electrical and Electronic Controls
35.13.4.1. General
35.13.4.2. Applicable Codes
35.13.4.3. Materials
35.13.4.4. General
35.13.4.5. Cable and Wire
35.13.4.6. Grounding
35.13.4.7. Material
35.13.4.8. Conduit
35.13.4.9. Conduit Fittings
35.13.4.1 0. Concrete for Duct Banks
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35.13.4.11. Cable and Wire Terminations
35.13.4.12. Enclosures
35.13.4.13. Equipment Mounting
35.13.4.14. Installation Requirements
35.13.4.15. General
35.13.4.16. Connections and Controls
35.13.4.17. Identification and Labeling
35.13.4.18. Testing
35.13.4.19. Fixtures, Breaker, Switches, Buttons, Etc.
35.13.4.20. Enclosures and Supports
35.13.4.21. Underground Conduits
35.13.4.22. Above Grade Conduit
35.13.4.23. Grounding
35.13.5. Gas Detection and Safety Equipment
35.13.6. Painting and Coatings
35.13.7. Miscellaneous
36. Operations and Maintenance Services
36.1. System Monitoring and Alarms
The CNG station monitoring and alarm system must be operational at all times.
Bypassing of alarms and shutdown systems will not be allowed without specific approval of MBL. The monitoring and alarm system shall be tested monthly preferably on Sunday during minimum bus operation. Flow, pressure and temperature gages must be checked every six months with an independent hand gage or other method to insure it is accurate. The ESD system shall be tested weekly and reset. Contractor shall provide MBL a copy of the report
36.2. Fuel Dispensing Area
The fueling panels, hoses, nozzles, and related fueling components shall be free from defects or wear, in good working order and free of detectable leaks. All valves, fittings, connections, and joints in piping shall be leaked tested with a gas detector every three months. All leaks shall be immediately repaired. Each of the two dispenser meters shall be calibrated to 2% accuracy. This is necessary for MBL to monitor fuel efficiency of its CNG bus fleet.
36.3. CNG Compressor Compound Area
Each compressor and related controls, hardware, and de-fueling equipment shall be free from defects or wear, in good working order and free of detectable leaks.
Waste oil and other disposable liquids shall be stored in the proper containers and removed and emptied once per week in a safe and legal manner per MBL's requirements.
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36.4. Gas Detection and Warning System
The gas detection system shall be free from defects or wear, in good working order and free of detectable leaks. If the system is down for maintenance and the CNG system must be operated, the Contractor must first notify MBL, and then must assign a dedicated person with a radio or cell phone specifically to observe the operating condition of the entire CNG system and sound the alarm in case of emergency. Excessive odors resulting from testing the gas detection system is unacceptable. The detection system shall be calibrated and tested every three months, preferably on a Sunday when the facility is at reduced activity.
36.5. Record Keeping and System Monitoring
Contractor shall set up an Internet website using a high-speed cable line for the Montebello Facility CNG station. This is to monitor and keep all records listed herein concerning the CNG station operations and maintenance. The site shall be updated daily with a direct link for response from MBL. The compressor compound modems, the gas detection systems annunciator panel, and the bus dispenser card readers shall be linked directly to the website so MBL can monitor the system.
37. Performance Specifications
37 .1. Fuel Deliverv
For 30 CNG buses by 2012 consuming 1650 DEG per day over a 7 hour fueling window for a 7 hour period starting at 5 PM. Average DEG requirement is 440 DEG/hr. Average bus fill is approximately 55 DEG per night. Required 7.1 DEG/minute per hose for the 2 transit style dispensers - 8 buses/hour must be filled to capacity. Max fill pressure must be temperature compensated to - 3,600 psig@ ?Do F
37.2. Gas Quality
Maximum lube oil content < 0.5 pounds per MMscf (1 0 ppm) at the compressor skid discharge or dispenser nozzle. Water content < 0.5 pounds per MMscf (- 100 F@ 3,600 psig) at the dryer discharge. Odorant level- gas detectable <1/5 LEL at the dispenser nozzle.
37.3. Operations and Maintenance
Maximum downtime twelve-month period < 48 hours
One emergency breakdown per month for max of 4 hours per incident Local service < 1 hours of emergency call.
6 PM-3 AM- respond 1 hrlfix 3 hrs 3 PM- 6 PM -respond 2 hrs/fix 2 hrs Parts - 12-month warranty or manufactures warranty, which ever is greater period. Spare parts must be available < 24 hours.
Noise level < 70 dbA @ at east property line; 75 dbA at enclosure wall 67 Request for Proposals I 0-06
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38. Notes
Minimum odor, liquid, and vapor fugitive emissions.
Gross CNG station redundancy or contingency required by MBL is 1.3 based on fuel system capability versus fuel required in the bus fleet in the fueling window.
All Gas compressors shall be designed for both CNG and Hydrogen at 99.999% purity.
38.1. All costs or cost liabilities provided by the Proposer are binding, except as expressly stated otherwise. If Proposer's actual costs exceed those stated or implied, those excess costs shall be the responsibility of the Proposer.
38.2. Proposer's costs shall include all costs associated with design, construction, operation and maintenance of the CNG Facility including any and all costs related to installation and maintenance of utility connections and service.
38.3. One diesel gallon equivalent (DGE) = 1.4 therms.
39. Description of Price Proposal Form A Entries
Line 1: Cost to perform all required Contract operation & maintenance work, including profit and overhead. This line will represent unescalated costs during first year of Contract. Costs in subsequent years will be adjusted annually for inflation in accordance with the Contract. (Proposer to Provide).
Line 2: Electrical power demand of CNG facility under full-load conditions. (Proposer to Provide).
Line 3: Describe any other costs charged by Proposer. Other fixed costs in subsequent years will be adjusted annually for inflation in accordance with the Contract. (Proposer to Provide).
Line 4: All onetime costs associated with installation and commissioning of electrical service connections for CNG facility. Supporting documentation to be provided as an attachment to this Form. (Proposer to Provide).
Line 5: Total lump-sum capital cost for construction of CNG facility. Proposer to provide as an attachment to this form a cost breakdown based on the 16 Divisions of the CSI Master Format specification grouping system. (Proposer to Provide).
Line 6: Total of all onetime startup costs for construction of facility and related utility connections to be paid by MBL after successful facility startup and performance testing. (Proposer to Provide)
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EACH PROPOSAL SHEET MUST BE COMPLETELY FILLED OUT AND SUBMITTED WITH THE PROPOSAL. THE PROPOSAL WILL BE DISQUALIFIED IF THE PROPOSAL SHEETS
ARE ALTERED AND/OR IF ALL PROPOSAL SHEETS ARE NOT SUBMITTED WITH THE PROPOSAL.
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PART IV- FEDERAL REQUIREMENTS
40. Instructions To Bidders
40.1. Compliance with Federal Requirements: This is a AARA federally funded project and requires compliance with all federal requirements: Federal Transit Administration (FTA) Grant Agreement, Part II- Section 102 (d)(1).
40.2. Federal Changes: CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Agreement (Form FTA MA (15) dated Oct. 1, 2008) between MBL and FTA, as they may be amended or promulgated from time to time during the term of this contract. CONTRACTOR's failure to so comply shall constitute a material breach of this contract.
40.3. Contract Security - Bid, Performance. and Payment Bonds: As security for the acceptance of a Contract, each bid shall be accompanied by a bid bond in the amount of ten percent (1 0%) of the bid, rounded to the nearest hundred dollars, drawn payable to the CITY. Bid bonds will be held until all bids submitted shall have been canvassed, and the bids have either been rejected in whole, or in part, or the award of the Contract or Contracts has been made.
Bid bonds will be returned to unsuccessful bidders within ten (1 0) days of written notice of award of a Contract. The bid bonds of the CONTRACTOR will be held until a Contract is duly executed. If the CONTRACTOR to whom a Contract shall have been awarded refuses to execute the Contract and to furnish the specified performance bond within fifteen (15) days after the award of the Contract, the amount of the bid deposit shall be forfeited to and retained by the CITY as liquidated damages of such neglect or refusal.
As required, CONTRACTOR shall furnish at the tirne of execution of the Contract, at its own expense, a Faithful Performance Bond payable to the CITY in the amount of one hundred percent (1 00%) of the full amount of the Contract as a guarantee of good faith on behalf of the CONTRACTOR that the terms of the Contract shall be complied with in every particular. Such performance bond shall be in effect during the full term of the Contract, until Final Acceptance.
CONTRACTOR, at its sole expense, at the time of execution of the Contract, shall deposit with the CITY a Labor and Materials Payment Bond issued by a surety acceptable to the CITY and naming the CITY as the sole beneficiary of an amount equal to fifty percent (50%) of this Contract's total price in the event CONTRACTOR fails to pay its employees, sub-contractors, material men, or others supplying CONTRACTOR with labor or materials under this Contract. Said bond shall also require such surety to defend the CITY against any claims or causes of action arising out of CONTRACTOR's said failure to pay, whether such claims or actions are instituted before administrative, quasi-judicial, or judicial bodies.
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Bonds must be posted with the CITY as follows:
• Bid Bond- 10% of the bid, submitted with the bid.
• Faithful Performance Bond - 100% of contract amount, submitted at execution of contract.
• Payment Bond - 50% of contract amount, submitted at execution of contract.
Only bonds issued by companies which are rated "A-" or better in the "Best Rating Guide," "The Best Key Rating Guide to Property Casualty Companies," and/or rated in the "Federal Register Circular 570," 1984 Revision (or most recent addition) will be accepted. Failure to submit acceptable bonds will be cause of rejection of bid.
Attorneys-in-fact who sign bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.
40.4. Execution of General Contract: The Contract shall be signed by the successful Proposer and returned, together with the specified payment and performance contract bonds, within ten (1 0) working days after the Contract has been mailed or otherwise delivered to Proposer. No Contract shall be considered as in effect until it has been fully executed by all of the parties thereto. Failure to execute the Contract and file acceptable bond within ten (1 0) working days after the Contract has been mailed or otherwise delivered to the successful Proposer shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of MBL not as a penalty, but in liquidation of damages sustained. Award may then be made to the next responsive and responsible Proposer, or the work may be re-advertised as MBL may decide.
41. Addenda I Interpretation I Substitution I Approved Equals
41.1. Approvals. Approved Equals. Deviations: All proposals shall be in strict compliance with the requirements and Technical Specifications of this proposal, including the provisions herein regarding "approved equals" and "deviation".
Where a feature, component, or item is specified by brand name in these provisions, the words "or approved equal" will apply. Where the approval of MBL is specifically required by these provisions in connection with a particular feature, or if the Proposer proposes to submit a proposal containing "approved equals" or "deviations" from specific requirements of these provisions, the Proposer shall submit written requests at least ten (1 0) working days prior to the date and hour of the proposal opening and be accompanied by an itemized comparison of the proposed substitution with the products specified or named by Addenda, and by the enclosed Product Evaluation Questionnaire. The questionnaire must be completely filled out for consideration.
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41.2. Proposals shall be submitted containing any such approvals, approved equals or deviations as are specifically approved and confirmed in writing by MBL. Each proposal must be accompanied by documentation regarding any such approvals granted by MBL for that proposal. Any unapproved deviations, exceptions, substitutions, alternates, or conditional qualifications contained in a proposal may be cause for its rejection.
41.3. It should be understood that specifying a brand name, components and/or equipment in this provision shall not relieve the CONTRACTOR from his responsibility to produce the product in accordance with the performance warranty and contractual requirements. The CONTRACTOR is responsible for notifying MBL of any inappropriate brand name, component and/or equipment that may be called for in the provisions.
41.4. Manufacturer's Experience: Wherever it may be written that an equipment manufacturer must have a specified period of experience with his product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure.
41.5. Contractor Responsibility for Materials and Accessories: The CONTRACTOR shall assume responsibility for materials and accessories used in construction of the items, whether the same are made by the CONTRACTOR or purchased under sub-contract from an outside source.
42. Time Of Completion
42.1. Liquidated Damages (Oeliverv): MBL and the CONTRACTOR recognize that time is of the essence and MBL will suffer financial loss if the equipment or item is not fabricated and/or delivered within the time specified in the proposal. Instead of requiring any such proof of damages, MBL and CONTRACTOR agree that in case the item or equipment embraced in this proposal shall not have been completed due to the failure of the CONTRACTOR, MBL should recover said sum or sums of money, equal to the cost of engineering, inspection of work, and any additional and other expenses incurred from the CONTRACTOR, from the surety or from both.
The amount of these deductions shall be assessed as liquidated damages, and are not to be considered penalties. For administrative purposes, $750.00 per day, for every day beyond the specified date, as extended, shall be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above mentioned method.
42.2. Time of Completion: The Contract time shall commence from the date stated on the Notice to Proceed as authorized in writing by MBL. The Project shall be completed within the time period specified in Section 3. In case the services under the terms of these provisions and related purchase contract shall be necessarily 72 Request for Proposals I 0-06
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delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the CONTRACTOR, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between CONTRACTOR and MBL.
43. Payment
43.1. 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. Any discount given will be taken on full amount of invoice, unless freight or other charges are itemized and discount thereon is specifically disallowed.
43.2. Payment will be made within thirty (30) days after acceptance and approval of invoice.
43.3. Payment Schedule: Monthly
Invoices may be furnished in accordance with the following schedule and reference CITY OF MONTEBELLO purchase order number. Such invoices shall detail the price of the delivered items, and applicable taxes on the purchase. The cost of the warranty and the cost of delivery shall be included in the proposal price.
All labor costs, if any, shall be shown separately, i.e. installation.
Provide (1) One invoice monthly.
44. Civil Rights Requirements
During the performance of this Contract, the CONTRACTOR agrees as follows:
44.1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and Federal transit law at49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
44.2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal 73 Request for Proposals I 0-06
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employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S. C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities- In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
45. Disadvantaged Business Enterprise (DBE)
45.1. MBL Assurance: MBL shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract, or in the administration of its DBE Program.
MBL shall take all necessary and reasonable steps under Part 26, Title 49 of the Code of Federal Regulations (CFR), to ensure nondiscrimination in the award and administration of DOT-assisted contracts.
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MBL's DBE Program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this contract.
Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this contract. Upon notification to MBL of its failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986, as amended (31 U.S.C. 3801 et seq).
45.2. Annual Overall Goal: In accordance with 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs," the MBL is required to establish an annual overall goal for the participation of DBEs in all contracts utilizing federal financial assistance. For the current fiscal year, the MBL has established a DBE participation goal of one (1) percent.
MBL's annual overall goal represents the amount of ready, willing, and able DBEs that are identified as available to participate in contracting opportunities, and is reflective of the amount of DBE participation MBL would expect absent the effects of discrimination.
45.3. Contract Goals: MBL intends to meet its goal to the maximum extent feasible through race-neutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual overall goal, MBL will establish specific contract goals for particular projects with subcontracting opportunities.
There is no DBE project goal established for this project. At this time (sponsor) will meet DBE goal on federally assisted projects through race neutral measures. (Sponsor) supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that might otherwise perform with their own forces.
45.4. Good Faith Efforts: If a specific DBE participation goal is identified in the above Section (6.3), a proposer must demonstrate that it can meet this specified goal in the performance of this contract in order for the proposal to be determined a responsive proposal. If a proposer cannot meet the specified goal, the proposer must demonstrate that it performed sufficient good faith efforts to meet the goal.
A proposer who is not responsive shall be ineligible for award of contract.
45.5. Determination of Good Faith Efforts: If the amount of DBE participation does not meet the contract-specific goal, the DBE Officer shall review the good faith effort report submitted by the proposer. The DBE Officer shall determine whether the proposer has performed the quality, quantity, and intensity of efforts that 75 Request for Proposals I 0-06
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demonstrates a reasonably active and aggressive attempt to meet the contract specific goal.
The kinds of effort that will be considered demonstrative of "Good Faith Efforts" include, but are not limited to, the following: Whether the CONTRACTOR solicited through all reasonable and available means (e.g., attendance at pre proposal meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work; whether the CONTRACTOR solicited interest within sufficient time to allow the DBEs to respond and, if appropriate steps were taken, to follow-up with interested DBEs; whether the CONTRACTOR selected portions of work to be performed by DBEs and, where appropriate, broke-out contract work items into economically feasible units to facilitate DBE participation even when the CONTRACTOR might otherwise prefer to perform these work items with its own forces; whether the CONTRACTOR negotiated in good faith with interested DBEs (evidence includes names, addresses, and phone numbers; description of information provided regarding plans and specifications; and evidence as to why additional agreements could not be reached); whether the CONTRACTOR made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; whether the CONTRACTOR made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance; whether the CONTRACTOR effectively used the services of available minority/women community organizations, contractors' groups, or other organizations to provide assistance; and whether other proposers on the procurement met the DBE goal.
45.6. Proposer's Right to Administrative Reconsideration: In the event that the DBE Officer determines that the responsible proposer has not met the contract specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the proposer in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the proposer of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recommendation for award of contract is presented to the City Council. (The Reconsideration Official is a CITY representative who did not take part in the original determination.) After reconsideration, MBL shall provide the proposer with a written decision. The result of the reconsideration process is not appealable by the proposer.
In the event that the Reconsideration Official finds that the proposer has not met the contract goal or demonstrated good faith efforts, MBL will deem said proposer not responsible and evaluate the proposer submitting the next proposal.
45.7. CONTRACTOR Compliance with MBL DBE Policy: It is the policy of MBL to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to MBL's construction, procurement, and professional services activities. To this end, MBL has developed procedures to 76 Request for Proposals I 0-06
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remove barriers to DBE participation in the proposal and award process and to assist DBEs to develop and compete successfully outside of the DBE program.
In connection with the performance of this contract, the CONTRACTOR will cooperate with MBL in meeting these commitments and objectives.
45.8. Required Proposal/Proposal Submittals: Proposer shall submit with proposal the following information for 9.1! participating firms: Firm name, firm address, firm status as a DBE or non-DBE, the age of the firm, and the annual gross receipts of the firm. (Bidders List of Participating Firms)
In addition, proposer shall submit within five days of proposal opening the names and addresses of all DBE firms that will participate in the contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Subcontractors whose participation the CONTRACTOR submits to meet the contract goal; and written confirmation from the DBE that it is participating in the contract as provided in the CONTRACTOR's commitment. (Statement of Disadvantaged Business Enterprise Participation)
MBL shall require that any DBEs listed by proposers for participation in the contract be certified as eligible DBEs. MBL will accept current certifications by METRO, the Small Business Administration, or other DOT federal financial assistance recipients, as appropriate. Within five days of proposal opening, DBEs with current certification must attach a copy of their current Letter of Certification and a copy of their current Statement of Personal Net Worth.
MBL will require any firm listed, but not currently certified as a DBE, to submit the proper certification information within five days of proposal opening in order to be included in the proposer's DBE achievement.
45.9. CONTRACTOR Assurance: Pursuant to 49 CFR Part 26, the CONTRACTOR is required to make the following assurance in its agreement with MBL and to include this assurance in any agreements it makes with subcontractors in the performance of this contract:
"The CONTRACTOR or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR or Subcontractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as MBL deems appropriate."
45.1 0. Prompt Payment to Subcontractors: The CONTRACTOR must pay Subcontractors for satisfactory performance of their contracts no later than 15 77 Request for Proposals I 0-06
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days from the receipt of payment made to the CONTRACTOR by MBL. Prompt return of retainage payments from the CONTRACTOR to the Subcontractor will be made within 15 days after the Subcontractor's work is satisfactorily completed.
Any delay or postponement of payment among the parties may take place only for good cause and with MBL's prior written approval. If the CONTRACTOR determines the work of the Subcontractor to be unsatisfactory, it must notify MBL's DBE Officer immediately in writing and state the reasons. Failure by the CONTRACTOR to comply with this requirement will be construed to be a breach of contract and subject to contract termination.
45.11. Reports of Payment to DBE Subcontractors: The DBE Officer will monitor the amount actually paid by the CONTRACTOR to Subcontractors, and will require the CONTRACTOR to provide monthly reports of payments to DBEs. A letter will be sent to the DBE Subcontractors to verify the dollar amount.
The amount awarded to the DBE, the amount paid to the DBE as stated by the CONTRACTOR, and the amount paid to the DBE as verified by the DBE, will be reported to the Federal Transit Administration (FTA).
45.12. Contract Change or Amendment: When a contract change or amendment is made, the CONTRACTOR will submit a statement to the DBE Officer regarding how the change may affect DBE subcontracting.
45.13. Reporting DBE Participation: The CONTRACTOR is required to report all DBE participation on their contract whether or not the contract contains a specified DBE goal. The CONTRACTOR is not to count participation of a DBE Subcontractor until the amount being counted has been paid to the DBE.
45.14. Counting DBE Participation toward the Contract Goal: Only the work actually performed by a DBE will be counted towards the DBE goal. The cost of supplies and materials obtained by the DBE or equipment leased (except from the CONTRACTOR or its affiliate) may also be counted.
45.15. Commercially Useful Function: Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. Expenditures may only be counted if the DBE is performing a commercially useful function. A DBE should perform at least 30 percent of the total cost of its contract with its own work force. Decisions on commercially useful function are subject to review by the FTA, but are not administratively appealable to DOT.
If materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost will be counted. If the materials and supplies are purchased from a DBE regular dealer, 60 percent of the cost will be counted. 78 Request for Proposals I 0-06
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45.16. DBE Replacement: The CONTRACTOR must make a good faith effort to replace a defaulting DBE Subcontractor with another certified DBE. The CONTRACTOR must immediately notify the DBE Officer of the DBE's inability to perform, and provide reasonable documentation. The CONTRACTOR must receive prior written approval on the substitute DBE from MBL. The CONTRACTOR will provide copies of new or amended subcontracts and copies of the substitute DBE's current Letter of Certification and current Statement of Personal Net Worth.
If the CONTRACTOR proposes to replace a DBE Subcontractor with a non-DBE, sufficient good faith efforts documentation must be provided. If the CONTRACTOR fails or refuses to comply in the time specified, MBL will issue an order stopping all, or part of, payment/work until satisfactory action has been taken. If the CONTRACTOR still fails to comply, MBL may issue a termination for default proceeding.
45.17. Evaluation of Proposals with DBE Goals: After the proposal opening, or submission of proposals, the DBE Officer shall evaluate all proposals with regard to the DBE requirements to determine a recommendation for award of contract.
The responsible proposer, who also meets the contract-specific goal or demonstrates good faith efforts, shall be recommended for contract award. In the event that the proposer does not meet the contract-specific goal or demonstrate good faith efforts, the DBE Officer shall evaluate the next proposal.
46. Financial Assistance I Disclaimer of Federal Government Obligations
46.1. Financial Assistance: The items described in these provisions are to be purchased with assistance through a grant funded by the Federal Transit Administration under the Urban Mass Transportation Act of 1964. The CONTRACTOR shall comply with all applicable terms and conditions prescribed by the Federal Government for third party contracts.
46.2. Disclaimer of Federal Government Obligations: The Federal Government is not a party to this contract and has no obligations or liabilities to any contractors in connection with the performance of this project. The CONTRACTOR agrees to include this clause in each sub-contract.
47. Prohibited Interest
No Council member, officer, or employee of the City of Montebello or of a local Public Body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. If any such interest comes to the knowledge of any party at any time, a full and complete disclosure of all such information will be made in writing to the other parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 of Title 1 (Sections 1090- 1 097) of the Government code of the State of California. 79 Request for Proposals I 0-06
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48. Contractor Eligibility (Debarment, Suspension, Exclusion, Collusion)
48.1. In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published and update to 49 CFR Part 29 on 11/26/03.
This government wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). These are contracts and subcontracts referred to in the regulation as "covered transactions."
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as such defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR
29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its proposal, the Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by MBL. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to remedies available to MBL, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this proposal. The Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
48.2. Affidavits are required to be completed by the CONTRACTOR and by all Sub contractors declaring that the proposal is in all respects fair and without collusion or fraud. (Non-Collusion Affidavit of Prime Bidder; Non-Collusion Affidavit of Sub-Contractor)
48.3. A contract cannot be awarded to any vendor that is on the United States Comptroller General's list of ineligible Contractors. The potential Prime CONTRACTOR and all potential sub-contractors must complete the Ineligible Contractors Form regarding debarment for violations of public contracts incorporating Labor Standard Provisions.
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49. Federal Prohibited Interest I Lobbying
49.1. Federal Prohibited Interest: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom {FTA Grant Agreement, Part II, Sec. 114 (m)}.
49.2. Lobbying: No Federal appropriated funds have been paid or will be paid, by or on behalf of the supplier/company, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, in connection with the awarding of any Federal Contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan, or cooperative agreement.
As a recipient of federal funds, MBL is required to certify compliance with the influencing restrictions and efforts of CONTRACTOR to influence federal officials regarding specific procurements in excess of $100,000.00 that must be disclosed pursuant to Section 1352, Title 31 U.S. Code.
The successful offeror to this solicitation, and all Sub-contractors with contracts of $100,000.00 or more, will be required to complete and submit to MBL the certification form entitled "Certification of Restrictions on Lobbying," whether or not any lobbying efforts took place. If the successful offeror, and/or primary Sub-contractor, did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to MBL.
Form is available upon request.
50. "Buy America" Provision
50.1. Buy America: The Buy American requirement provides that federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States.
The requirement will not apply in the following four cases:
A. When its application is against the public interest (as decided by the FTA Administration on a case-by-case basis).
B. When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
C. When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 60 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S.
D. When the inclusion of domestic material will increase the over-all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all 81 Request for Proposals 10-06
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other projects.
The Vendor, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Purchasing Manager at least fifteen (15) days prior to proposal opening.
When a petition for investigation has been filed with FTA before award, MBL reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening of proposals, MBL reserves the right to not open proposals prior to the resolution of the investigation by FT A.
The CONTRACTOR and all Sub-contractors with contracts of $100,000 or more are required to certify compliance or non-compliance with this provision by submitting the attached "Buy America Certificate", with the proposal.
51. Insurance
Insurance requirements are contained in Part II, Section 32 of the RFP document.
52. Qualifications of Proposers
52.1. Proposer shall be either manufacturers of the items proposed upon, or shall satisfy MBL of their ability to furnish the specified items. Only Proposer of established reputation, having proper facilities to provide the items called for in these provisions, shall be considered in making the award. The attached References must be completed and submitted with the sealed proposal if the proposal is to be considered responsive.
52.2. A Proposer must present evidence of experience, ability, service facilities and financial standing necessary to meet satisfactorily the requirements set forth or implied in the proposal. The attached Proposer's Information, Qualifications Certification must be completed, notarized and submitted with the sealed proposal if the proposal is to be considered responsive.
53. Drug-Free Workplace
The CONTRACTOR, and all Sub-contractors, must certify that they have a drug-free workplace and comply with Government Code Section 8355 (Certification of Drug-Free Workplace).
54. Remedies I Sanctions for Breach of Contract
MBL may terminate the contract if the successful offeror breaches the terms or violates the conditions of the contract, and does not within ten (1 0) days thereafter, cure such breach or violation. The successful offeror shall be liable for any and all costs incurred by MBL as a result of such default, including but not limited to re-procurernent costs of the 82 Request for Proposals I 0-06
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same or similar services defaulted by the successful offeror under this Agreement {49CFR 18.36(i)(2)}.
55. Inspection and Retention of Records
The CONTRACTOR shall permit authorized representatives of MBL, the U.S. Federal Transit Administration, and the Comptroller General of the United States to inspect and audit all data and records of the CONTRACTOR relating to its performance and its sub contracts under this contract from the date of the contract through and until the expiration of three years after completion of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case CONTRACTOR agrees to maintain same until MBL, the U.S. Federal Transit Administration, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. MBL retains ownership of all project documents and records maintained by the CONTRACTOR on behalf of MBL.
56. State Labor Provisions/ Labor Compliance/ Contract Work Hours and Safety Standards Act
56.1. Prevailing Wage Rates: Attention is directed to the requirement that no less than the Prevailing Wage Rates shall be paid on this project. Certified Payrolls on MBL approved State forms are required for all workmen. Rates of pay will be current State of California, as shown in the "General Prevailing Wage Rate" Manual as determined by the State Director of Industrial Relations.
CONTRACTOR agrees to abide by the provisions of the State Labor Code {49CFR, 18.36 (1)(2)}, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. FTA Grant Agreements, part II, section 119 (a).
Pursuant to the provisions of Section 1770 of the California Labor Code of the State of California, not less than the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, shall be maintained at all times during the course of the contract. These rates are made a part of this contract by reference. The Contractor shall comply with Section 177.5 of the Labor Code of State of California for all apprenticeable occupations.
56.2. Labor Compliance: It is the policy of MBL that all CONTRACTORS and Sub contractors engaged in public works construction shall adhere to applicable laws and regulations. In accordance with this policy, for the duration of this contract, MBL shall institute a labor compliance program to monitor compliance. The CONTRACTOR shall cooperate fully with Labor Compliance monitoring efforts and the representatives engaged in this effort.
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Because this project is subject to the prov1s1ons of State and Federal Jaw governing public works contracts, all pertinent statutes and regulations are hereby incorporated by reference into this document as if set forth in their entirety, including Copeland Anti-Kickback Act requirements of 29 CFR part 3, Davis-Bacon and Related Act requirements of 29 CFR parts 1, 3, and 5, and Contract Work Hours and Safetv Standards Act requirements of Section 107, 40 U.S.C. 333 and 29 CFR part 1926. CONTRACTORS and Sub-contractors by entering into, or performing work under, this project agree to comply with all provisions of the law that apply to public works. It is the responsibility of the CONTRACTOR to obtain and adhere to the latest edition of the statutes and regulations including, but not limited to, the following:
• Apprentices -- All apprentices employed on this project shall be bona fide apprentices registered with the State of California, Division of Apprenticeship Standards.
• Certified Payroll -- All CONTRACTORS shall submit weekly certified payroll records for all laborers and mechanics furnishing labor to the project not later than ten calendar days after the closed payroll period. • Payment Of The Prevailing Wage -- The CONTRACTOR and all Sub contractors under him shall pay not less than the specified prevailing wage rate to all workmen employed in the execution of the contract. • Working Hours -- The CONTRACTOR shall pay workers employed on the contract not less than the appropriately specified straight time and overtime prevailing wages for all hours worked.
• Employee Interviews -- MBL, through its representatives, will conduct weekly on-site interviews of workers employed on the contract. The interviews shall be conducted without the interference or obstruction of the CONTRACTOR. No worker who is interviewed is to be threatened, coerced, or intimidated.
56.3. Violations: MBL will take cognizance of violations of the prevailing wage and public works laws committed during the course of this contract. Such evidence of violation may result in the assessment of penalties and forfeitures to the fullest extent allowed by law until compliance has been strictly effectuated. MBL may suspend or terminate a contract, or debar a CONTRACTOR from future contracts, for breach of the Labor Compliance Requirements.
56.4. Contract Work Hours and Safety Standards Act
56.4.1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such 84 Request for Proposals I 0-06
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laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
56.4.2. Violation, Liability for unpaid wages, Liquidated damages - In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5.
56.4.3. Withholding for unpaid wages and liquidated damages- MBL shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.
56.4.4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
56.5. Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid 85 Request for Proposals I 0-06
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(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b )(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
57. Cargo Preference
The CONTRACTOR agrees to the following clauses for the purchase of equipment, materials or commodities that may be transported by ocean vessel in carrying out the project:
57.1. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.
57.2. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, and to MBL (through the CONTRACTOR in the case of a Sub-contractor's bill-of lading).
57.3. To include these requirements in all sub-contracts issued pursuant to this contract.
58. Clean Air I Water Pollution Control/ Energy Conservation The CONTRACTOR shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C., 1251 et seq.), and all applicable and mandatory standards, policies, orders, or requirements issued pursuant to Federal statute or regulation relating to energy efficiency that are contained in applicable State energy conservation plans issued in compliance 86 Request for Proposals I 0-06
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with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). CONTRACTOR is responsible for reporting any violations to MBL and understands and agrees that MBL will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each sub-contract exceeding $100,000.
59. Recycled Products
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The CONTRACTOR also agrees to include these requirements in each sub-contract.
60. Access Requirements for Individuals with Disabilities The Prime CONTRACTOR and all Sub-contractors on this project are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C., sub section 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C., sub section 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. sub section 1612; and the following regulations and any amendments thereto:
A. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;
B. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
C. U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
D. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 C.F.R. Part 35; E. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; F. General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19.
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G. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C. F. R. Part 1630; H. Federal Communications Commission regulations, 'Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and
I. FTA regulations, 'Transportation for Elderly and Handicapped Persons," 49 C.F.R.
Part 609.
61. Safety and Health Regulation
61.1. Contract Work Hours and Safetv Standards Act: The CONTRACTOR agrees to comply with Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Section 333, and applicable U.S. Department of Labor regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
The CONTRACTOR also agrees to include the requirements of this section in each subcontract.
62. Subletting or Assignment of Contract
62.1. The CONTRACTOR shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein, without written consent of MBL. No Sub-contractor, or transfer of Contract, shall in any case release the CONTRACTOR of his liability under the Contract and Bonds.
62.2. The CONTRACTOR shall submit with his Proposal the name and address of each Sub-contractor he intends to employ, a description of the work which the Sub contractor is to do, the dollar amount of each Sub-contractor contract, and such other information as may be required in order that MBL's approval may be obtained as to reliability and ability to perform the work (Bidders List of Participating Firms).
63. Sub-Contractors
63.1. Required Submittals for Sub-Contractors: The CONTRACTOR shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100 et seq. Listings of all Sub-contractors performing work for the prime Contract shall be submitted and received with the CONTRACTOR's Proposal. Lists of Sub-contractors are a part of the proposal package, and failure to submit said listings might constitute the submittal of an incomplete proposal. Pre-printed forms are attached (Bidders List of Participating Firms).
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63.2. Terms and Conditions Binding Upon Sub-Contractors: All terms and conditions contained in this Proposal shall be binding upon the CONTRACTOR's Sub contractors. The CONTRACTOR shall enter into Contracts with its Sub contractors and these Contracts shall contain these terms and conditions.
64. Program Fraud and False or Fraudulent Statements and Related Acts The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801, et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extend the Federal Government deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or caused to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(l) on the CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each sub-contract. It is further agreed that the clauses shall not be modified, except to identify the Sub-contractor who will be subject to the provisions.
65. Privacy Act
The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552a.
The CONTRACTOR also agrees to include these requirements in each sub-contract.
66. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. 89 Request for Proposals I 0-06
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Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this document. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any MBL requests which would cause MBL to be in violation of the FTA terms and conditions.
67. "Fly America" Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301- 1 0, which provide that recipients and sub recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.
68. Seismic Safety
The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 90 Request for Proposals I 0-06
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CITY OF MONTEBELLO
TRANSPORTATION DEPARTMENT
COMPRESSED NATURAL GAS FUELING STATION
PROJECT
AT
TRANSPORTATION DEPARTMENT FACILITY
400 S. TAYLOR AVENUE
IFB NO. 10-06
APPENDIX
BID SCHEDULE
FOR
COMPRESSED NATURAL GAS (CNG) FUELING STATION PROJECT
RFP NO. 10-06
TO THE CITY OF MONTEBELLO, as AGENCY
In accordance with AGENCY'S Notice Inviting Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, Certified & Licensed labor, testing services and incidentals required for the above stated project, as set forth in the Drawings, Specifications, Contract Documents, Permits, and addenda therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this Bid is based upon careful examination of the Project work site, Drawings, Specifications, Instruction to Bidders, and all other Contract Documents.
If this Bid is accepted for award, BIDDER agrees to enter into a Contract with AGENCY, at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this Bid. This bid may not be withdrawn within a period of sixty (60) calendar days after the date of its proper opening by AGENCY.
BIDDER understands that a bid is required for the entire work, that the estimated quantities (if any) set forth in the Bid Schedule are solely for the purpose of comparing bids, and that the final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO
INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. The BIDDER agrees that the unit and/or lump sum prices bid includes all applicable expenses, taxes, royalties, and fees. In the case of discrepancies the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
The evaluation of proposals will be based on the criteria specified in Section 9.2 of this RFP. It will be recommended that a Contract be negotiated with the proposer judged to be most outstanding in meeting the overall objectives of the RFP while providing the best value to the City of Montebello's Transportation Department, commonly known as Montebello Bus Lines or "MBL."
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required Contract, and filing the necessary bonds and insurance certificates within ten (1 0) working days after the date of the AGENCY's Notice of Award of Contract to the BIDDER, the proceeds of the security, accompanying this bid, shall become the property of the AGENCY, and this Bid and the acceptance hereof may, at AGENCY's option, be considered null and void.
APPENDIX 1 Request for Proposal 10-06
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TIME OF COMPLETION
The Contract time shall commence from the date stated on the Notice to Proceed as authorized in writing by AGENCY. The project shall be complete, and authorized by the Permitting Agencies to pump Gasoline & Diesel Bus Fuels, within the time period stated in the Notice to Proceed.
In case the work embraced in the Contract shall not have been completed due to the failure of the Contractor to complete the work within the time specified, AGENCY shall recover the sum of money, equal to the cost of additional engineering, construction management, inspection, and other Project Work-a-round expenses incurred, from the Contractor and/or the Surety. The dollar amount of these deductions shall be assessed as liquidated damages, and are not to be considered as completion penalties.
Administratively, $1,500.00 per calendar day, for every calendar day beyond the contract completion date or completion date as extended, will be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages shall be determined as outlined above.
FURTHER CONDITIONS
The undersigned as bidder hereby certifies that it is aware of the applicable requirements of the Williams - Steiger Occupational Safety and Health Act of 1970 (O.S.H.A.), and all latest revisions thereto, and that this Bid is prepared on the basis of compliance with those requirements.
ADDENDA
The bidder acknowledges the receipt and incorporation of the following addenda into the bid price.
Issue Date
APPENDIX
Addendum Number
2 Request for Proposal10-06
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DRAFT
CITY OF MONTEBELLO
CONTRACT AGREEMENT
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 day of , 2010 by and between the City of
Montebello, as "AGENCY," and as "CONTRACTOR"
(collectively referred to herein as the "Parties" and individually as 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. CONTRACT OR 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 provide to the AGENCY, equipment, goods, and services necessary for the design, engineering, permitting, installation, testing and maintenance of a Compressed Natural Gas (CNG) Station Fueling Project ("Project") 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 incorporated by reference. Moreover, for purposes of this Agreement, the contract documents for the aforesaid Project shall consist of the Notice Inviting Bids, Instructions to 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 APPENDIX 3 Request for Proposal1 0-06
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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 hereby incorporated by reference as though fully set forth herein.
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 rnanner, 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 Ill. 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 , 2010 ("Compensation"). The total arnount of the compensation shall not exceed the sum of dollars ($ . 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 exceed (_) working days from the time of AGENCY's execution of this Agreement ("Completion Date"). CONTRACTOR shall begin work ____ (.__) weeks after City's execution of this Agreement, and in accordance with APPENDIX 4 Request for Proposal 10-06
CNG Fueling Station
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 notifying AGENCY in 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 Transportation Department, commonly known as Montebello Bus Lines ("MBL") in first class condition, complete and ready for service by MBL.
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 monetary damages, including special, indirect or consequential damages, to the AGENCY which result from CONTRACTOR's failure to complete the work pursuant to this Agreement, including but not limited to loss of revenues or loss of profits. 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.
ARTICLE V. 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.
APPENDIX 5 Request for Proposal1 0-06
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ARTICLE VI. 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.
ARTICLE VII. 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 VIII. 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 IX. 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 APPENDIX 6 Request for Proposal 1 0-06
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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 (1 0) calendar days upon receipt of written notice. However, if the nature of the non-material breach requires more than ten (1 0) 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 (1 0) 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.
This Agreement shall expire upon full payment of the Compensation by the AGENCY to CONTRACTOR.
ARTICLE X. 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 XI. 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.
APPENDIX 7 Request for Proposal 1 0-06
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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 Ill of this Agreement.
ARTICLE XII. 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:
To CONTRACTOR:
ARTICLE XIII. Severability
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Attention: Aurora Jackson
Director of Transportation
Phone: 323-887-4606
Fax: 323-887-4643
Attention:
Phone:
Fax:
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 XIV. 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.
APPENDIX 8 Request for Proposal 10-06
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ARTICLE XV. 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 XVI. 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.
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 ------' 2010.
APPENDIX 9 Request for Proposal 1 0-06
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CITY OF MONTEBELLO
("CITY")
William Molinari, Mayor
Date: ______ _
ATIEST:
Robert J. King, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Giasman, City Attorney
APPENDIX
("CONTRACTOR")
Contractor's License No.
Contractor's Business License
No. --:-=---,:-:--:-::--
Federal Tax Identification No. __ _
Date: ______ _
10 Request for Proposal 10-06
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FORM SUBMITTAL REQUIREMENTS
The following forms must be completed by the prime bidder and accompany all bids in order to be considered for award:
12 13
14-15
17 18
19 21
22-23
26 31
Name of Form Referenced in
Paragraph
References 13.0
Receipt of Addenda Form 7.2
Proposers Information, Qualification Cert. 13.2
Bidders List of Participating Firms 23.2
Buy America Provision 11.1
Ineligible Contractors (Prime) 9.0
Certification of Restrictions on Lobbying 10.0
Non-Collusion Affidavit of Prime Bidder 9.0
Certification of Drug-Free Workplace 14.0
(Prime)
Proposal Guarantee Bid Bond 1.3
The following forms/requirements are to be provided only by the successful bidder:
16 . 20
24-25
27 28
29-30
Attachment
Statement of DBE Participation 6.0
Ineligible Contractors (Sub) 9.0
Non-Collusion Affidavit of Sub-Contractor 9.0
Certification of Drug-Free Workplace 14.0
(Sub)
Faithful Performance Bond 1.3
Labor and Materials Payment Bond 1.3
Insurance
Reproduce forms as needed.
APPENDIX 11 Request for Proposal 10-06
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REFERENCES
Provide at least three (3) public agencies for which BIDDER has performed similar work within the past five years.
Agency Name--------------- Department---------
Address--------------- City _______ ~Zip __ _
Contact Name ------------ Phone Number(_)-------
Pr~ectName __________ ~------------------------
Contract Amount$. ___________ _ Completion Date
Type of Work:
Agency Name _______________ Department _________ _
Address--------------- City ________ Zip ___ _
Contact Name ------------- Phone Number(_) ______ _
Pr~ectName _____________________________ _
Contract Amount$ ___________ _ Completion Date
Type of Work:
Agency Name ________________ Department _________ _
Address--------------- City ________ Zip ___ _
Contact Name ------------- Phone Number(____)-------
Project Name ------------------------------
Contract Amount$ __________ _ Completion Date -----"'---- Type of Work:
Agency Name _____________ Department _________ _
Address--------------- City ________ Zip ___ _
Contact Name ------------- Phone Number(_) ______ _
Project Name -----------------------------
Contract Amount$ ___________ _
Type of Work:
APPENDIX
Completion Date
12 Request for Proposal 10-06
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RECEIPT OF ADDENDA FORM
RFP NO. 10-06
The PROPOSER acknowledges the receipt and incorporation of the following addenda into the Request for Proposal.
PROPOSER NAME:
BUSINESS ADDRESS:
Addenda#
Signature of Authorized
Representative:
Printed Name:
Title:
APPENDIX
Issue Date
13 Receipt Date
Request for Proposal 10-06
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PROPOSERS INFORMATION, QUALIFICATIONS CERTIFICATION
PROPOSER Name. __________________________________________________________ __ Business Address __________________________________________________________________ __ Phone L__) ------------------------ FAX L__) _______ _
Name of Project Manager-------------------------------------------------------------- Business License No.--------------------------
Original Date Issued-------------------------- Expiration Date---------------------- The following are the names, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest in this proposal:
Indicate Date and Location of incorporation:------------------------------------------~ How many years have you been engaged in the contracting business under your present finm or trade name? ______ _
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
Date Principal Name
All current and prior DBA's, alias, and lor fictitious business names for any principal having an interest in this proposal are as follows:
Has your present organization ever failed to complete any work awarded to it? If yes, state when, where, and why.
Has your present organization ever defaulted on a contract? If yes, state when, where, and why.
APPENDIX 14
veo
YesD NoD
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Indicate the name and address and phone number of one or more banks which have information that would enable them to advise regarding the financial ability of your company.
Credit available: $ ________ _
Will you fill out a detailed financial statement and furnish any other information that may be required by the State of California? DYes D No
Employer Identification Number (Treasurers Number):. _________________ _
CERTIFICATION
In WITNESS WHEREOF, BIDDER certifies that the foregoing is true and correct; and executes and submits this bid this day of 20_.
PROPOSER: ______________ _
Signature of Authorized Representative: __________________ _ Printed Name:
Title:
Subscribed and sworn to before me
this ____ day of ___________ , 20_
Signed ____________________ _
Title __________________ _
My Commission expires---------------
APPENDIX 15 Request for Proposal1 0-06
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STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone No.
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 _____ _
Firm Name
Address
Phone No.
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::-:--;-----:---:-:------------
( Reproduce this form as required )
APPENDIX 16 Request for Proposal 10-06
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BIDDERS LIST OF PARTICIPATING FIRMS
Bidder/Proposer shall submit with bid/proposal the following information for all participating firms:
Prime Contractor Information
Company Nume --------------- Age of Finn _______ _
Address----------------- Annual Gross Receipts $. ___ _ DBE Certified? _____ , If yes
Phone _________________ _ Date Certified _______ _
Dollar Amount of Contract$. __________ _ By (Agency) ______ _ Describe Work ____________________________ _
Subcontractor Information
Company Name ______________ _ Age of Firm _______ _
Address----------------- Annual Gross Receipts $ ___ _
DBE Certified? _____ , If yes
Phone _________________ _ Date Certified _______ _
Dollar Amount of Subcontract$ _________ _ By (Agency) _______ _ Describe Work ____________________________ _
Company Name--------------- Age of Firm _______ _
Address----------------- Annual Gross Receipts $ ___ _
DBE Certified? _____ , If yes
Phone _________________ _ Date Certified _______ _
Dollar Amount of Subcontract $. _________ _ By (Agency) ______ _ Describe Work ____________________________ _
Company Name ______________ _ Age of Firm _______ _
Address----------------- Annual Gross Receipts $ ___ _
DBE Certified? _____ ,, If yes
Phone------------------ Date Certified _______ _
Dollar Amount of Subcontract$, _________ _ By (Agency) ______ _ Describe Work ----;:---------o-o:-:-----c:-----=-:------------ (Copy for additional Subcontractors as needed)
APPENDIX 17 Request for Proposal 10-06
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"BUY AMERICA" PROVISION
This procurement is subject to the Federal Transit Administration "Buy America" Requirements in 49 CFR Part 661.
A "Buy America" Certificate, as per the format presented below, must be completed and submitted with the bid/proposal. A bid/proposal which does not include the certificate will be considered non-responsive.
A waiver from the "Buy America" Provision may be sought by ________________ if grounds for the waiver exists.
Section 165a of the Surface Transportation Assistance (STA) Act of 1982 permits FTA participation on this contract only if steel, cement, and manufactured products used in the contract are produced in the United States.
BUY AMERICA CERTIFICATE
This certification shall be fully executed by all bidders/proposers submitting bids/proposals.
The -::-:---:-:-:-:-:----:------:---------- hereby certifies that (Name of bidder/proposer)
__ All of the manufacturing processes for steel and manufactured products take place in the United States and all items or material used in the product must be of United States origin. __ The cost of rolling stock and bus components produced in the United States is more than 50 percent of the cost of all of the components and final assembly takes place in the United States.
BY:
----~~--~~--~~~---
Signature of Company Official
Official's Title
Date
or
The bidder/proposer hereby certifies that it cannot comply with the requirements of Section 165a of the STA Act, but may qualify for an exemption to the requirement pursuant to Section 165b of the STA Act and regulations in 49 CFR 661.7.
Signature
Title
Date
APPENDIX 18 Request for Proposal 1 0-06
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INELIGIBLE CONTRACTORS/CONSULTANTS
(Prime)
Contractors/Consultants or firms who are included on the U.S. Comptroller General's list of persons for firms currently DEBARRED for violations of various public contracts incorporating Labor Standard Provisions cannot be awarded this contract.
The undersigned hereby certified that:
--------------does not appear on the U.S. Comptroller
General's list of debarred firms.
--------------does appear on the U.S. Comptroller General's list of debarred firms.
APPENDIX
BIDDER'S NAME
SIGNATURE OF
CONTRACTOR'S/CONSUL TANT'S
AUTHORIZED REPRESENTATIVE
DATE OF SIGNATURE
19 Request for Proposal 1 0-06
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INELIGIBLE CONTRACTORS/CONSULTANTS
(Sub)
Contractors/Consultants or firms who are included on the U.S. Comptroller General's list of persons for firms currently DEBARRED for violations of various public contracts incorporating Labor Standard Provisions cannot be awarded this contract.
The undersigned hereby certified that:
______________ does not appear on the U.S. Comptroller
General's list of debarred firms.
--------------does appear on the U.S. Comptroller General's list of debarred firms.
APPENDIX
BIDDER'S NAME
SIGNATURE OF
CONTRACTOR'S/CONSUL TANT'S
AUTHORIZED REPRESENTATIVE
DATE OF SIGNATURE
20 Request for Proposal 10-06
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CERTIFICATION OF RESTRICTIONS ON LOBBYING
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS I '-:-:-c----:--:--::---:---c-=:-:--::------------' hereby certify on behalf of:
(Name of Authorized Official)
-~:----::-::----:----------------that:
(Name of Company)
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in all subcontracts, and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, of the U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature of Authorized Official
Title of Authorized Official
APPENDIX
Date
21 Request for Proposal 10-06
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of ______________ __,
Countyof _____________ -J
----.,.------,----------------' being first duly sworn, deposes and says that:
1) Heis _____ ~--------~~------~~------~------------
(owner, partner, officer, representative, or agent)
of------,-,----------------' the Bidder that has submitted the attached Bid;
2) He is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting such Bid;
3) Such Bid is genuine and is not a collusive or sham Bid; 4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion conspiracy, connivance or unlawful agreement any advantage against the City of Montebello (OWNER) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature-----------------
Title: _________________ _
APPENDIX 22 Request for Proposal 10-06
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Subscribed and sworn to before me
this ____ day of ___________ _ 20_
Signed _____________________ _
Title---------------------
My Commission expires-----------------
APPENDIX 23 Request for Proposal 10-06
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NON-COLLUSION AFFIDAVIT OF SUB-CONTRACTOR
State of ______________ __,
Counzyof _____________ ~
----,-------:---------------' being first duly sworn, deposes and says that:
1) Heis ___ -:--:------:---~~-------:-~------~------------ (owner, partner, officer, representative, or agent)
of------,-:--=:-:-----------' the Bidder that has submitted the attached Bid;
2) He is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting such Bid;
3) Such Bid is genuine and is not a collusive or sham Bid; 4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion conspiracy, connivance or unlawful agreement any advantage against the City of Montebello (OWNER) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature-----------------
Title: _________________ _
APPENDIX 24 Request for Proposal1 0-06
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Subscribed and sworn to before me
this ____ day of ___________ _ 20
Signed _____________________ _
Title _____________________ _
My Commission expires-----------------
APPENDIX 25 Request for Proposal 10-06
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CERTIFICATION OF DRUG-FREE WORKPLACE
(Prime)
I'-----,----;-----:-:------:-:-::::-:--::------------' hereby certify on behalf of (name of authorized official)
------:-----;------:--------------that: (name of company) The CONTRACTOR named above, and all Sub-Contractors working on this contract, will comply with California Government Code Section 8355 in matters relating to providing a drug-free workplace. The CONTRACTOR and all Sub-Contractors will, therefore:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace.
2. The firm's policy of maintaining a drug-free workplace.
3. Any available counseling, rehabilitation and employee assistance programs, and, ...
4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.
Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
1. Will receive a copy of the firm's drug-free policy statement, and, ...
2. Will agree to abide by the terms of the firm's statement as a condition of employment on the contract.
CERTIFICATION:
I, , hereby certify that the above
named company, which I am duly authorized to represent, will comply with the Drug-Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the Jaws of the State of California.
Executed this ____ day of--------'' 2010
By ____ ~-~~~~~~-=~~---------(signature of authorized official) (title of authorized official)
APPENDIX 26 Request for Proposal 10-06
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CERTIFICATION OF DRUG-FREE WORKPLACE
(Sub)
I '---:---o---:---:----:--:-c--:--::---------' hereby certify on behalf of (name of authorized official)
---;---.,-----,--------------that:
(name of company)
The CONTRACTOR named above, and all Sub-Contractors working on this contract, will comply with California Government Code Section 8355 in matters relating to providing a drug free workplace. The CONTRACTOR and all Sub-Contractors will, therefore:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program, as required by Government Code Section 8355{b), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace.
2. The firm's policy of maintaining a drug-free workplace.
3. Any available counseling, rehabilitation and employee assistance programs, and, ...
4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.
Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
1. Will receive a copy of the firm's drug-free policy statement, and, ...
2. Will agree to abide by the terms of the firm's statement as a condition of employment on the contract.
CERTIFICATION:
I, , hereby certify that the
above named company, which I am duly authorized to represent, will comply with the Drug-Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.
Executed this ____ day of ________ , 2010
By ___ ~-:---~~~o-~~~------------(signature of authorized official) (title of authorized official)
APPENDIX 27 Request for Proposal 10-06
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FAITHFUL PERFORMANCE BOND
FOR
CITY OF MONTEBELLO
COMPRESSED NATURAL GAS (CNG) FUELING STATION PROJECT
RFP NO. 10-06
KNOW ALL MEN BY THESE PRESENTS that ----------,,.,..,o=~as CONTRACTOR and -~:--=-=--,------=-=-,-,-,....-,,-------,--~-· as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of -----,-,-:-=-=:--,-,----,----,-----,-----,-Dollars($ , which is one hundred percent (1 00%) of the total contract amount for the above stated project, for the payment of which sum CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with the AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the Parties hereto have set their names, titles, hands, and seals this day of , 2010.
CONTRACTOR *
SURETY*
Subscribed and sworn on this __ day of _____ , 2010.
NOTARY PUBLIC _______________________________ __
*Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.
APPENDIX 28 Request for Proposal1 0-06
CNG Fueling Station
LABOR AND MATERIALS PAYMENT BOND
FOR
CITY OF MONTEBELLO
COMPRESSED NATURAL GAS (CNG) FUELING STATION PROJECT
RFP NO. 10-06
KNOW ALL MEN BY THESE PRESENTS that
______________________________________ as CONTRACTOR, and ~~~~--~~~~~~--~~~~~~~~~~--~~~~as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of Dollars
($ , which is Fifty percent (50%) of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with the AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to fife claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2010.
CONTRACTOR* ________________________________________ ___ APPENDIX 29 Request for Proposal 10-06
CNG Fueling Station
SURETY*
Subscribed and sworn on this __ day of _____ , 2010.
NOTARY PUBLIC
*Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.
APPENDIX 30 Request for Proposal 10-06
CNG Fueling Station
Note: The standard printed bid bond form of any bonding company acceptable to the City of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the City of Montebello are not in any way reduced by use of the surety company's printed standard form.
PROPOSAL GUARANTEE
BID BOND
FOR
CITY OF MONTEBELLO
COMPRESSED NATURAL GAS (CNG) FUELING STATION PROJECT
RFP NO. 10-06
KNOW ALL MEN BY THESE PRESENTS that , as BIDDER, and
-;-;;--;--:-.,----:-:==:-:-:---c-:----;'' as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of
dollars ($ ), which is
.,-te-n"""'(;-:;1-;:0;;-;%-;-)-p-e-rc-e-nt:-o-;f:-:t,-he-.,-to.,.ta-;1-a_m_o_u_n:-t b'"'i-;d-;-b-y-;:B071;:;:D;::D-;:E:;::R,-;t-o-;A-;:G;;-;E::;N-;-C:Y for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this ___ day of , 2010.
BIDDER*
SURETY*
Subscribed and sworn to this ___ day of--------' 20_.
NOTARY PUBLIC _______________________ _
*Provide BIDDER/SURETY narne, address and telephone number and the name, title, address and telephone number of authorized representative.
APPENDIX 31 Request for Proposal 10-06
CNG Fueling Station
CITY OF MONTEBELLO
TRANSPORTATION DEPARTMENT
COMPRESSED NATURAL GAS FUELING STATION
PROJECT
AT
TRANSPORTATION DEPARTMENT FACILITY
400 S. TAYLOR AVENUE
IFB NO. 10-06
PROJECT PLANS
BID FORMS
CITY OF MONTEBELLO
DEPARTMENT OF TRANSPORTATION
COMPRESSED NATURAL GAS STATION RFP NO. 10-06
PRICE SHEET
The City of Montebello reserves the right to accept or reject any or all proposals, to waive any irregularity in a proposal, and make an award as may best serve the interest of the City.
By execution below, bidder hereby offers to furnish services and materials at the price and terms stated hereon subject to the specifications, instructions, and conditions, which are part of the Request for Proposal #1 0-06.
EXHIBIT "A"
COMPRESSED NATURAL GAS STATION
Description
Design, Including as built drawings, two electronic and hard copies of the design. 2 Trenching and Installation of components, piping and all related equipment:
3 Geographical report, on soil and area effected by the construction 4 Permits/Fees from all regulatory agencies impacted by this project 5 6
7 8
9 10
11 12
Training: Operational, Compressor and Dryer Systems (32 hrs/10 persons per class) Training: Safety, Gas Detection, emergency including systems and calibrations Training for Fire Department and Montebello Staff (40 Individuals} Maintenance repairs and Preventative Maintenance Service Cost (Preventative and safety) of all aspects for 5-years. (Please shown annual costs for each of the five years on a separate form. The Individual five years should equal the Extended Total shown on the right.)
Emergency 24 hour service contract (5 years)
Web based access of CNG station systems and components
Compressor Skid #1, 500 SCFM, Ariel compressor, Balder 250 hp electric drive motor, with SE Sensor Electronics SEC Millennium gas detector, or approved equal.
Compressor Skid #2, 500 SCFM, Ariel compressor, Balder 250 hp electric drive motor, with SE Sensor Electronics SEC Millennium gas detector, or approved equal. 13 Booster pump for Skid #1 and 2to increase line pressure. 14 Coalescent twin fillers, with differential pressure gauges on each end of filler, reference Parker Hannifin PIN# J2SD-4CWC11-035, or approved equal. 15 CNG storage vessels and or Spheres, CPIIndustries or approved equal. 16 CNG Dryer shall be Xebec-fully automatic twin tower reference PIN# 200 HRBNGX, or approved equal.
17, Two each CNG Transit style fueling dispensers, with Sherex CT 5000 dispensers, and dual liquid filled gauges. Ref: ANGI, Tulsa or approved equal. 18 CNG detection system, under canopies shall be the same system In the compressor skids, reference SE Sensor Electronics, LCD display shall be in the office located on fuel island.
Cost per-Hour Est. Hours
Unit Cost Qty
Sub·lotat
Sub-Total
Extended
Total
Extended
Total
1 9 Fire Extinguishers
20 21
22 23
24 25
26 27
28 29
Safety Signage
ARRA signage cost, required posting.
Lighting Fixture on fuel island replacement costs
Roof ventilation on Fuel Island
Piping and supplies from Compressor Station to Fuel Island Rod Iron Fencing , hot dip galvanizing fence with walk through and sliding gates, per spec.
Bollards to protect Rod Iron fencing from vehicles impact 24" Wide X 43" High, similar to the Bollards MBL is using to protect the emergency generator, which is located across from dispatch.
Service manuals, parts manuals and manufactures name and location and phone numbers shall be provided for all equipment associated with this project ,.. - '' .·_ '.-.
. Fuellng.dlspe~sersys!en]~hall,be fulluy automated·.~ndc,on~lle~.by'anew;fuel manag.,n]ent sy~!erJ1(FMS).Tiia cun..nt fuel manag~r syst~m shall.b"· ~Pgrad7dwith ·a neV(_ fuelfll~~-~-gersy_st~~Tf~-~d _lfl~lu_de t.h_e·a~dlti9r pf a_:~BwrUetrn_~mag8r_contralf~r head cir.tlle ~o_utf1:sid_9 __ ()f.th,~_ fue_l __ ls!a~d._~contractinf~rm~_tlon_ ror,Ve~dom is shown on
• 2 ea. Fuel Manager Termlnal-8 hose Includes: weather proof stand with key pad • 2 ea. Key fob/HID reader mounted to front panel of FM • 2 ea. Wireless communication card, to identify Vehicles • 16 ea. Hose controller cards for Diesel, Gasoline, CNG and Eng. Oil, ATF Coolant • 1 ea. Veeder-Root fuel tank monitoring Interface card, to read and access fuel levels and tank alarms.
• UPS power conditioner
• 2 ea. Nozzle Transponders for Diesel
• 2 ea. Nozzle Transponders for Unleaded
• 2 ea. Nozzle Transponders forCNG
• 1 ea. Software/Fleet Integration License to/for SOL server MS 2005 server • 6 ea. Single Stage Solenoid/Pulser 1' NPTF fillings (lor oil, ATF and Coolant) to replace existing Pulsers used for the named products.
• 250 ea. HID/Key fobs
• 81 ea. Vehicle 10 boxes to tum on pumps/fluids wirelessly with fill tube antenna, and necessary programmer if needed.
• Shipping costs
• 5-Yearwarranty on Software/upgrades, parts and supportSystem shall include spare parts, minimum of 10% to ensure minimal down time and Include: Key pad, LCD Assembly, Main Board Assembly, Modem board, Pedestal I/O board, HID card reader The following shall also be included in the pricing of the system:
• Kick-off meeting
• Project management
• Vehicle module insta!lation training
• Installation and configuration of software
• Set-up training
• Operations Training
•Installation of site hardware
Southern California Gas Company, charges for running 3" Gas Line from center of Olympic Blvd and Park Ave, running pipe underground South on Park Ave. just before the railroad tracks. So. CA. GAS Contact: Michael Bolin (213)244-5115 ..
Unit Cost Qty Sub-Total
Extended
Total
30 Southern Cal'lfomla Edison, pole location, 6'X8' transformer, power and slab charges, for the estimated 1 BOO amp service. Contact: So.Ca!if Edison: Cassandra Jones, SCE Planner II, Campion Service Cenler. (310) 608·5085
31 32
Shipping Costs
Tax on equipment and labor
33 CNG Station Costs:
• Contractors hourly rate of pay for all additional work Business Name:
Address:
City: STATE: ZIP:
Phone Number: FAX:
Rep. Name& Title:
NAME
---------------------------
Hourly Rate
SIGNATURE
NOTE: BIDDER MAY USE THEIR OWN PRICING SHEET AS LONG AS IT COVERS THE SAME ASSOCIATED COSTS AS NOTED ABOVE.
CITY OF MONTEBELLO
TRANSPORTATION DEPARTMETN, FUTURE COMPRESSED NATURAL GAS STATION LOCATION 400 SO. TAYLOR AVE, MONTEBELLO, CA 90640
STATION LOCATION IS SOUTH EAST CORNER OF BUS PARKING LOT
28.Jul-ll9
COLGROVE AVE
(
J4 33 32 31 30 29 2B 'lJ 26 25 24 23 22 21 20 19 18 17 16 15 14 1J 12 11 10 9 '
7 6 5
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3 2
35 I BUS PARKING STALLS, 1-46 1/
J6
37 J8
39 10
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~ v l5ofil ""-.... " I CHASSIWASH I
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\ Egress Exit Gate
50'
grows.
'--------r
SCE Transformer
E
6'WXB'L
Description
1 Ariel Compressor Skid/with Balder 250 HP, 460V Motors 2 CPI!ndustries seamless steel pressure vessels
3 Xebec Natural Gas Dryers, desiccant regeneration system 4 Electrical Control Panel attached to Wall
5 South em California Edison Transformer Box/Panel Location Item
A
8 c
D
E
8'
l SLIDING GATE WITH EGRESS, WALK THROUGH GATE
54'
RAIL ROAD TRACKS
I I 1=--r= I I 1=-r =r=1 r= I ··=r r=r 1-r I~ ]-I I I I
City v• Montebello, Transportation Department (Montebello Bus Lines) Coo ,...,rate Shop location (400 So. Taylor Ave, Montebello CA. 90640 June 23, 2009
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location as the current Diesel and
eaded fueling location, which is
the canopy.
Location of Under Ground Storage Tank Work (UST)
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UST work is expected to start late August
hj
CNG (Compressed Natural Gas) station location
Current Diesel and
Gasoline filling location,
and will be
CNG Filling Location.
Bus Lines, CNG Future Station Location, which will be 400 So. Taylor Ave. Montebello, CA l!':t .. tion will use:
Volt's: 460 entire system will not take more than 1800 amps. Current system will use 1200 amps. This is max load.
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City of Mor Jello
Montebello Bus Lines, SCE power pole locations and future CNG station location.
July 23, 2009
City of Montebello, Souther California Edision Power Pole locations. ldentifed by SCE power pole numbers as shown.
Find Lot Size
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August 29, 2024
Mr. Cesar Lopez
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Re
: CNG Station - Maintenance Proposal
D
ear Mr. Lopez,
Clean Energy is proud of the fact we’ve provided the City of Montebello’s CNG bus fleet with reliable fueling at your transit facility since we completed design, construction and commenced operations and maintenance services on September 1, 2012. We understand the importance of making rollout with your fleet every day.
P
lease find below proposed pricing and a scope of service description for continuing our maintenance services. The pricing offer is valid for 90 days. • 3 y
ear contract base term
• Contract begins September 1, 2024
• Every year on September 1, beginning in 2025, the monthly fee and per DGE fee is adjusted by CPI
o CPI is the CPI-U past 12 month index for Los Angeles-Long Beach-Anaheim, CA (https://www.bls.gov/regions/west/news-
release/consumerpriceindex_losangeles.htm)
• After the 3 year base term the contract can be extended, by mutual agreement of Clean En
ergy and City of Montebello, for 3 additional years. Additional contract extensions by m
utual agreement are allowed.
• Price beginning 1-Sept-2024 = $3,344.37 per month + $0.23383 per DGE The es
timated, annual not-to-exceed value of this maintenance contract is $200,000. This is an estimate based on the monthly fee, per gallon fee and annual fuel usage. Clean Energy will bill based on actual volumes of fuel used, per the contract.
EXHIBIT B
O&M Maintenance Service: Work Plan
The pricing in this proposal is for the following O&M scope of service. Please note this is the same scope as our current contract.
Clean Energy will continue to maintain the following CNG fueling station equipment that is already installed at your site:
• 2x Ariel CNG compressors
• 2x CNG compressor booster pumps
• Set of 3x high pressure CNG storage bottles
• 1x gas dryer
• 2x CNG fast fill dispensers
• CNG system pressure relief valves (PRVs)
Clean Energy’s specific scope of maintenance service on this equipment:
• All routine inspections (see checklist below)
• Preventative maintenance (see checklist below)
• Emergency maintenance
• 24/7 call-outs service response
• Consumables, repair parts, rebuild parts
• Safe fueling training for Montebello Bus Lines staff
• Remote monitoring of station
Cl
ean Energy may, in its reasonable judgment, adjust the maintenance services it provides, or the intervals at which it provides such services if such changes are in accordance with the applicable equipment manufacturer's requirements.
Sincerely,
Alphonse Anderson
Alphonse Anderson
Senior Account Manager, Western Transit
[email protected]
Cell: 949-266-1475
Sole Source Declaration Form
Updated 03/2023
SOLE SOURCE DECLARATION
I, THE UNDERSIGNED, DO HEREBY CERTIFY to the best of my knowledge, after analyzing pertinent information available to us at this time, the item(s)/service(s) listed below can only be furnished by the following vendor due to the following justification(s):
Item/Service
Vendor
Address
City, State
Justification: Refer to Back Page of this Form for Accepted Justification and Indicate the Exception Claimed Below, Provide Additional Information as Needed ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I declare under penalty of perjury that the foregoing is true and correct. _________________________________ ________________
(Insert Department Director Name) Date
Signature
ATTACHMENT C
Under “Justification” on Page 1 of this form, indicate which exception to the Purchasing Municipal Code (Chapter 3.20 et al) is being claimed to deem this purchase a “sole source purchase:”
Acceptable and Allowed Exceptions:
1. Only one manufacturer makes the item(s) meeting required specifications, AND that manufacturer only sells direct/exclusively through one regional/national vendor/representative.
2. The original manufacturer can only perform maintenance or repair services, AND the manufacturer does not have multiple agents to perform the required services.
3. Replacement and/or spare parts are exclusively available from the original manufacturer, AND the original manufacturer does not have distributors for those parts.
4. Patented items or copyrighted materials that are only available from the patent or copyright holder.
5. A formal/informal survey has been conducted by the requesting Department and/or Finance Department to determine whether other vendors/consultants can satisfy the requirements of the item or service. The survey provides vendors/consultants with a list of detailed requirements, and they provide a written response regarding their capability to supply the item or service. If only one (1) vendor can meet all of the listed requ irements, this survey may be used to support the sole source claim.
6. A collaborative project where a specific vendor/contractor/consultant is named by the funding agency and/or inter -agency agreement as the source of an item or service, and the use of the vendor/consultant is required for compatibility.
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Angelica Palmeros, Deputy Director
SUBJECT: APPROVE PURCHASE OF TWO MONITOR/DEFIBRILLATORS FROM
ZOLL MEDICAL CORPORATION TO EQUIP FIRE DEPARTMENT
SQUAD 55
DATE: October 9, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the purchase of two (2) Monitor/Defibrillators, related medical equipment, and an extended warranty from Zoll Medical Corporation to Equip Fire Department Squad 55; and,
2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $110,000 in Account No. 100-85-860-6000.50 (General Fund, Fire Department, Fire Suppression, Supplies-Medical); and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total cost for the purchase of two (2) Zoll Monitor/Defibrillators, including related medical equipment and an extended warranty, is approximately $100,000 (Attachment A). To account for inflation or unforeseen costs, a ten percent contingency has been added, bringing the total estimated expenditure to $110,000. This purchase is related to the outfitting and equipping of a second paramedic squad unit (Squad 55) in support of the Fire Paramedic Rescue Squad staffing model approved by the City Council in September, 2023. Squad 55 (at Station 55) will be the second of an eventual three paramedic squad units deployed in the City. Squad 56 was put into service on October 3, 2024 at Station 56.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
Purchase of the defibrillators and associated equipment and warranty requires an amendment to the Fiscal Year 2024-25 budget. The recommended action would increase appropriations by $110,000 in Account No. 100-85-860-6000.50 (General Fund, Fire Department, Fire Suppression, Supplies-Medical).
BACKGROUND/DISCUSSION:
On September 13, 2023, the City Council approved the addition of 18 Firefighter/Paramedics to the Fire Department in order to reinstitute the Fire Paramedic Rescue Squad’s staffing and response model. As part of this ongoing effort, the Fire Department provides Advanced Life Support (ALS) capabilities to the community, requiring specialized medical equipment to ensure that Firefighter/Paramedics are adequately equipped to respond to Emergency Medical Services (EMS) calls. A critical piece of this equipment is the Monitor/Defibrillator, which allows Firefighter/Paramedics to monitor vital signs and deliver lifesaving defibrillation in cases of cardiac arrest or other medical issues.
The Fire Department currently operates with a limited number of Monitor/Defibrillators, which are assigned to existing Fire Engines at all three stations within the City. With the anticipated deployment of Paramedic Rescue Squad 55, an additional Monitor/Defibrillator is required to equip the new unit. Furthermore, having a spare Monitor/Defibrillator is essential to ensure operational readiness in the event that one of the currently deployed units becomes inoperable due to mechanical issues or routine maintenance. The acquisition of two (2) additional Monitor/Defibrillators will address both these needs, ensuring that the Fire Department can maintain uninterrupted ALS service delivery to the community.
ENVIRONMENTAL:
N/A
ANALYSIS:
The Zoll Medical Corporation is a leading provider of advanced medical devices, including Monitor/Defibrillators. The Fire Department has standardized the use of Zoll Monitor/Defibrillators in its operations, and the acquisition of these additional units will align with existing equipment and training protocols. The proposed purchase includes two Monitor/Defibrillators, related medical equipment, and an extended warranty to cover potential repairs and maintenance, ensuring the longevity and reliability of the equipment (Attachment A). This is a sole source purchase through Zoll Medical Corporation (Attachment B), as the Monitor/Defibrillator is not typically available from other distributors, and the Fire Department requires the direct manufacturer warranty that only Zoll can provide.
SUMMARY:
The acquisition of two (2) additional Monitor/Defibrillators is critical for the Fire Department to support the reinstituted Fire Paramedic Rescue Squads and maintain the
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 9, 2024
department's Advanced Life Support (ALS) capabilities. With the addition of 18 Firefighter/Paramedics and the upcoming deployment of Paramedic Rescue Squad 55, this specialized equipment is essential for providing high-quality emergency medical care. Staff recommends that the City Council approve the purchase of the two monitors/defibrillators from Zoll Medical Corporation (Attachments A and B) and amend the FY 2024-25 budget by increasing appropriations by $110,000 in Account No. 100-85- 860-6000.50 (General Fund, Fire Department, Fire Suppression, Supplies-Medical).
ATTACHMENT(S)
1. Attachment A - Zoll Quote
2. Attachment B - Zoll Sole Source
Quote No: Q-91791 Version: 3
ZOLL Medical Corporation
269 Mill Road
Chelmsford,
MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Montebello Fire Department Headquarters #55
600 North Montebello Boulevard
Montebello, CA 90640
ZOLL Customer No: 348810
*Oscar Reyes
323-887-4526
[email protected]
Quote No: Q-91791
Version: 3
Issued Date: September 26, 2024
Expiration Date: December 31, 2024
Terms: NET 30 DAYS
FOB: Shipping Point
Freight: Prepay & Add
Prepared by: Duane Anderson
EMS Territory Manager
[email protected]
+1 6266640471
Item Contract
Reference
Part Number Description Qty List Price Adj. Price Total Price 1 1458165 601-2231011-01 X Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, CPR
Expansion Pack
Includes: 4 trace tri-mode display monitor/
defibrillator/ printer, advisory algorithm, advanced
communications package (Wi-Fi, Bluetooth, USB
cellular modem capable) USB data transfer capable
and large 6.5in ( 16.5cm) diagonal screen.
Accessories Included: MFC cable and CPR
connector, A/C power cord, One (1) roll printer paper,
6.6 Ah Li-ion battery, Carry case, Operator Manual,
Quick Reference Guide, and One (1)-year EMS
warranty.
Parameter Details: Real CPR Help - Dashboard
display of CPR Depth and Rate for Adult and
Pediatric patients, Visual and audio prompts to coach
CPR depth (Adult patient only), Release bar to
ensure adequate release off the chest, Metronome to
coach rate for Adult and Pediatric patients. See-Thru
® CPR artifact filtering • Interpretative 12-Lead ECG
(Full 12 ECG lead view with both dynamic and static
12-lead mode display. 12-Lead OneStep ECG cable
- includes 4-Lead limb lead cable and removable
precordial 6-Lead set) • ZOLL Noninvasive Pacing
Technology • Welch Allyn NIBP with Smartcuff. 10
foot Dual Lumen hose and SureBP Reusable Adult
Medium Cuff • Masimo SpO2 & SpCO with Signal
Extraction Technology (SET), Rainbow SET® •
EtCO2 Oridion Microstream Technology.
Microstream tubing set sold separately •
2 $50,938.00 $39,970.08 $79,940.16
2 1458165 8000-0895 Cuff Kit with Welch Allyn Small Adult, Large Adult and Thigh Cuffs
2 $195.00 $152.52 $305.04
3 1458165 REUSE-09-2MQ Welch Allyn REUSE-09-2MQ Cuff, Child, 2-Tube, Twist Lock connector
2 $66.00 $51.66 $103.32
ATTACHMENT A
Montebello Fire Department Headquarters #55
Quote No: Q-91791 Version: 3
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Item Contract
Reference
Part Number Description Qty List Price Adj. Price Total Price 4 1458165 REUSE-08-2MQ Welch Allyn REUSE-08-2MQ Cuff, Small Child, 2- Tube, Twist Lock connector
2 $66.00 $51.66 $103.32
5 1458165 8000-0580-01 Six Hour Rechargeable, SurePower II Smart Battery
4 $1,001.00 $784.74 $3,138.96
6 8778-89002-WF Professional Defibrillators/Monitors - Worry-Free Service Plan - 2 Years At Time of Sale
Includes: Annual preventive maintenance, 27%
discount on new cables, 27% discount on additional
SurePower II Batteries, discount on parameter
upgrades, SurePower II Battery replacement upon
failure, and accidental damage coverage (see
below). Shipping and use of a Service Loaner during
repairs, no charge shipping. Extended warranty is a
continuation of the One Year Product Limited
Warranty. <br><br>Battery replacement and
accidental damage guidelines can be found in the
ExpertCare Service Plan Terms and Conditions on
the ZOLL website.
2 $4,030.00 $3,627.00 $7,254.00
7 1458165 8000-001392 Masimo rainbow® RC-4 - 4FT, Reusable EMS Patient Cable
2 $313.00 $245.18 $490.36
Subtotal: $91,335.16
Estimated Tax: $8,618.32
Total: $99,953.48
Contract Reference Description
1458165 Reflects CMAS 4-24-02-1027 Contract Pricing. Notwithstanding anything to the contrary herein, the terms and conditions set forth in CMAS 4-24-02-1027shall apply to the customer's purchase of the products set forth on this quote.
To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions (“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found at https://www.zoll.com/about-zoll/invoice-terms-and-conditions, for software products can be found at https://www.zoll.com/en/about- zoll/legal, and for ExpertCare Service Plans can be found at https://www.zoll.com/en/about-zoll/compliance. Except in the case of overriding T’s and C’s, any Purchase Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL.
1. Delivery will be made upon availability.
2. This Quote expires on December 31, 2024. Pricing is subject to change after this date.
3. Applicable tax, shipping & handling will be added at the time of invoicing.
4. All purchase orders are subject to credit approval before being accepted by ZOLL.
5. To place an order, please forward the purchase order with a copy of this quotation to [email protected] or via fax to 978-421-0015.
6. All discounts from list price are contingent upon payment within the agreed upon terms.
7. Place your future accessory orders online by visiting the ZOLL web store.
Montebello Fire Department Headquarters #55
Quote No: Q-91791 Version: 3
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Order Information (to be completed by the customer)
[ ] Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) [ ] Taxable Entity (Applicable tax will be applied at time of invoice)
BILL TO ADDRESS SHIP TO ADDRESS
Name/Department: Name/Department:
Address: Address:
City / State / Zip Code: City / State / Zip Code:
Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? [ ] Yes PO Number: ____________ PO Amount: ____________ (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) [ ] No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation.
Montebello Fire Department Headquarters #55
Authorized Signature: _1\
\s1\
Name: \n1\
Title: \t1\
Date: \d1\