Montebello City Council
November 13, 2024

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SECTION 7. CITY SUPERVISION.

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

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

SECTION 8. TERMINATION.

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

A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONTRACTOR.

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

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

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

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

SECTION 12. PERS ELIGIBILITY INDEMNITY.

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

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello

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Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

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

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

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

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

By executing this Agreement, CONTRACTOR further certifies as follows:

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

Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 16. CALIFORNIA LABOR CODE

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

B. Prevailing Wage Laws.

i. In accordance with California Labor Code (“Labor Code”) section 1770 et seq., the director of the Department of Industrial Relations (DIR) of the State of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work pursuant to this Agreem ent. A copy of the general prevailing wage rate determination is on file in CITY’s Department of Public Works (“Public Works”) and is hereby incorporated in this Agreement. CONTRACTOR is required to post a copy of such wage rates at all times at the contract site. ii. In accordance with the provisions of Labor Code section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty -Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. The statutory penalties for failure t o pay prevailing wage or to comply with State wage and hour laws will be enforced.
iii. CONTRACTOR also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply with

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all statutory requirements relating to the employment of apprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6. iv. CONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.
v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.

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

D. Type of Contractor License(s). CONTRACTOR shall possess the following types of contractor’s license(s) to perform the work pursuant to this Agreement:

• [INSERT CLASS – INSERT LICENSE TITLE]
• [INSERT CLASS – INSERT LICENSE TITLE]

E. Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1771.1, 1777.1, or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

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

SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

SECTION 18. NO WAIVER.

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

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SECTION 19. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 20. ATTORNEY’S FEES AND COSTS.

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

SECTION 21. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering and executing this Agreement;

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 22. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

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E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and s hall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

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

SECTION 23. NOTICE.

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

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

CONTRACTOR
________________________
________________________
________________________
________________________

SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

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

SECTION 25. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates and sub -contractors, if any, shall comply

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

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

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate contractor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by CONTRACTOR.

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

SECTION 26. FORCE MAJEURE

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

SECTION 27. ENTIRE AGREEMENT.

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

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CITY OF MONTEBELLO CONTRACTOR

_______________________ _____________________
Raul Alvarez Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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SECTION 8 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

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

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

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

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

The proposer certifies that it has:

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

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

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

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

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

The proposer further certifies that:

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

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

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

Addenda No(s)
Dated Dated

Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name
Business Address

Contact Person
Email Address
Phone

Fax
Signature of Authorized Official Signature of Authorized Official

Typed or Printed Name Typed or Printed Name

Title Title

Date Date

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(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

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EXHIBIT A

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

RENOVATION SERVICES
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, co sts, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (col lectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 24-24 TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

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

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

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______

Date: ________________________________ ________________ Date: ________________________________ ________

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EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 24-24

Montebello Bus Lines

EXHIBIT C

INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross-liability exclusion for claims or suits by one insured against another.

Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage s and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.

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

RFP No. 24-24

Montebello Bus Lines

Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

RFP No. 24-24

EXHIBIT D
RFP No. 24-24

TRANSPORTATION RESTROOM RENOVATON SERVICES

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

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

: Description Cost/Fees

List other costs/fees:

RFP No. 24-24

Montebello Bus Lines

Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

RFP No. 24-24

Montebello Bus Lines

EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise

Firm Name

Address

Phone Number

Type of Business

Current DBE Certification? Yes* *No

*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)

Total $
% of Total Contract
Signature: Date:

RFP No. 24-24

Montebello Bus Lines

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

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

RFP No. 24-24

Montebello Bus Lines

Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

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

RFP No. 24-24

Montebello Bus Lines

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)

knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

Signature and Title of Authorized Official

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

Signature of Attorney Date

RFP No. 24-24

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION

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

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Contractor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 24-24

Montebello Bus Lines

EXHIBIT I

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,

(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

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

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

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

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

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

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

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

RFP No. 24-24

Montebello Bus Lines

Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

Attach hereto proof of authority of officers or agents to sign bond.

RFP No. 24-24

Montebello Bus Lines

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the

Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

RFP No. 24-24

Montebello Bus Lines

EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

ATTACHMENT C

ATTACHMENT D

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4230

WITH KYA SERVICES, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on November 13, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and KYA SERVICES, LLC (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional Contractor to provide restroom renovation services in response to Request for Proposal No. 24- 24 (“RFP No. 24-24”) at the Montebello Bus Lines’ facility in the CITY; and WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

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

2. RFP No. 24-24

3. CONTRACTOR’s proposal and Best Final Offer received by the CITY.

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

SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Request for Proposals for Restroom Renovation RFP 24-24 in the City of Montebello on July 25, 2024 (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall

PROFESSIONAL SERVICES AGREEMENT NO. 4230

govern.
b. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide restroom renovation services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONTRACTOR shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

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

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

SECTION 5. WORK PRODUCT.

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

In the event of a termination for cause, the CONTRACTOR shall only be entitled to

PROFESSIONAL SERVICES AGREEMENT NO. 4230

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits,

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 4230

immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon. f.Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [[email protected]]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g.Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or sub-

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4230

Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

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

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

SECTION 22. NOTICE.

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Transportation Department Attn: John Soria, Transportation Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 ext.

Email: [email protected]
If to Contractor: KYA Services, LLC
Attn: Brooks Berry, CFO
Address: 1800 E McFadden Avenue
Santa Ana, CA 92705
(714-659-6477
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

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

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4230

sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

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

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

SECTION 25. ENTIRE AGREEMENT.

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

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONTRACTOR agrees that the prices, terms, and conditions identified in the CONTRACTOR’s proposal (Exhibit “A”) and this Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and the CONTRACTOR. The CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditions upon the agreement of the CONTRACTOR with the governmental agency. This provision in no way guarantees that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4230

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

CITY OF MONTEBELLO KYA SERVICES, LLC
Raul Alvarez, City Manager Brooks Berry, CFO
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
Exhibit B – Schedule of Compensation
Exhibit C – Labor Law Requirements.
Exhibit D – Live Scan Fingerprinting Requirements

EXHIBIT “A”
Request for Proposals for Services and Contractor’s Proposal

EXHIBIT “B”
Schedule of Compensation

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

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

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

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

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

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

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

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

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

8.Contractor shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor, and each of its sub-Contractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

10.Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any sub-Contractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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

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

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

EXHIBIT “D”
Live Scan Fingerprinting Requirements
Prior to commencing services, the CONTRACTOR may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department. The CONTRACTOR shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONTRACTOR must obtain a “Temporary Contractor’s Badge” issued by the City of Montebello Human Resources prior to performing work.

ITEM # 28

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Director

SUBJECT: AWARD AGREEMENT NO. 4241 TO TT FASTER LLC DBA FASTER

ASSET SOLUTIONS FOR THE ENTERPRISE ASSET MANAGEMENT
SYSTEM REQUEST FOR PROPOSALS, NO. 24-23

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Agreement No. 4241 to TT FASTER LLC dba FASTER Asset Solutions, for the Enterprise Asset Management (EAM) System Request for Proposals No. 24-23 (RFP No. 24-23), for a total not-to-exceed amount of One Hundred Eighty Four Thousand, Three-Hundred Thirty Eight Dollars ($184,338); and

2. Authorize the City Manager to execute and finalize Agreement No. 4241 with FASTER Asset Solutions on behalf of the City of Montebello (City); and

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

FISCAL IMPACT:

The project will be funded utilizing Federal Transit Administration (FTA) Grant monies (CA-2024-198) and 2023-24 Senate Bill 1/State Transit Assistance (SB1/STA). If this item is approved, a budget amendment will be processed as follows:

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

BACKGROUND/DISCUSSION:

On July 25, 2024, the City published RFP No. 24-23 (Attachment A) to solicit services from highly qualified vendors with the ability to implement and deploy an EAM system that effectively manages data related to vehicle assets, including driver inspections, asset and work order management, lifecycle analysis, asset prioritization, and planning and reporting on preventative maintenance and vehicle disposals, and parts usages and purchasing. The delivered EAM System will enhance Montebello Bus Lines’ (MBL) ability to forecast maintenance and replacement expenditures and budget accordingly.

RFP No. 24-23 was published to invite proposals using PlanetBids.com, Transittalent.com, and The Wave publication. Prospective proposers were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s advertising platform, PlanetBids.com. All proposals were due on Thursday, September 19, 2024. MBL received two (2) responsive proposals from the following vendors: FASTER Asset Solutions, and Avail Technologies, Inc.

ENVIRONMENTAL:

There is no environmental impact.

ANALYSIS:

On October 2, 2024, an Evaluation Committee comprised of three (3) raters within the Transportation Department evaluated the proposals. The Evaluation Committee was asked to rate the proposals using the criteria as follows:

The Evaluation Committee’s total score for each proposal was determined as follows:

FASTER Asset Solutions was selected based on a review of the qualitative attributes (Project Management Plan, Proposed Project Team, Experience and Qualifications, Technical Approach, and Cost Proposal) presented in their proposal (Attachment B). The Evaluation Committee indicated that this vendor submitted the most responsive and complete proposal. The proposal demonstrated that FASTER Asset Solutions is capable of meeting the requirements and deliverables outlined in RFP No. 24-23. In addition, the proposal provided a robust and detailed Project Management Plan that placed an emphasis on the company’s highly experienced staff in all key roles of deployment and

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

maintenance for MBL’s new EAM System.

As one of the largest providers of fleet management software to municipal governments in the United States, FASTER Asset Solutions has more than 460 successful implementations. The company has developed an efficient and quality-driven implementation process that is most advantageous to the City’s project. This implementation process focuses on communication, cooperation, quality, and accuracy.

For example, the company provides a thorough Soft Go-Live that enables clients to see, use, and test every single deliverable, including converted data and any integrations.

Furthermore, the system delivers crucial and actionable insights to provide a quick overview of 20 key performance indicators (KPIs) with real-time data.

Acknowledging these facts, staff recommend that the City Council consider awarding Agreement No. 4241 to FASTER Asset Solutions, in response to RFP No. 24-23.

SUMMARY:

Staff recommend that the City Council award Agreement No. 4241, attached hereto in substantial form (Attachment C), to FASTER Asset Solutions for MBL’s EAM System, in response to RFP No. 24-23, for a total not-to-exceed amount of $184,338; authorize the City Manager to execute and finalize Agreement No. 4241 on the City’s behalf; and direct staff to take such additional, and related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – RFP No. 24-23

2. Attachment B – FASTER Asset Solutions’ Proposal

3. Attachment C – Agreement No. 4241

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

ENTERPRISE ASSET MANAGEMENT SYSTEM
July 25, 2024

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

ATTACHMENT A

RFP No. 24-23

2 Montebello Bus Lines

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4 COVER LETTER 5 TIMETABLE & SCHEDULE OF EVENTS 6 PROPOSAL SUBMISSION CHECKLIST 7 SECTION 1 - INSTRUCTIONS TO PROPOSERS 8 Proposal Format and Submittal
Examination of Proposal Documents

SECTION 2 – GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria

SECTION 3 - OTHER REQUIREMENTS 17-18

Licensing and Permit Requirement
Liquidation Damages
Bond Requirements

SECTION 4 - SCOPE OF WORK 19-22

SECTION 5 - QUALIFICATIONS 23

SECTION 6 - FORM OF CONTRACT (SAMPLE) 23-34

RFP No. 24-23

3 Montebello Bus Lines

SECTION 7 - FORMS AND CERTIFICATIONS

Letter of Transmittal 35

EXHIBITS

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

RFP No. 24-23

4 Montebello Bus Lines

INTRODUCTION

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

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

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

RFP No. 24-23

5 Montebello Bus Lines

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

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

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

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

A facility walk-thru will follow the meeting.

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

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

Montebello, CA 90640
Telephone: (323) 558-1625 ext.1115
E-mail: [email protected]

Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Pro posers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in - person will not receive a response.

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

The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer

RFP No. 24-23

6 Montebello Bus Lines

affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, and will not be discriminated against on the groun ds of race, color, gender, age, or national origin in consideration for an award.

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

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

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

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

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com

You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

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

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

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

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

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

Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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SECTION 1 - INSTRUCTIONS TO PROPOSERS

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

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

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

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

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

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

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

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

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

SECTION 2 – GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

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

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

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

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

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

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

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

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

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

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

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

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

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

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

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

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

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

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

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]

If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com

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

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

MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the proposer can meet the insurance requirements in the RFP sho uld be attached to proposal.
• Proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If t he Proposer is a partnership or joint venture, provide such evidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.

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

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

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

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that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

The committee may ask the proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

EVALUATION CRITERIA
An award will be made to the Offeror whose proposal offers the best value to the city. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work.

20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of and an enterprise asset management system.

10 points
3 Qualifications and Experience
Demonstrate experience implementing enterprise asset management systems of the same or similar magnitude. Presentation of a catalog of enterprise asset management system services experience and expertise most advantageous to the City.

15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.

Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.

30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.

25 points
TOTAL 25 points

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SECTION 3 - OTHER REQUIREMENTS

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

LIQUIDATION DAMAGES

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

BOND REQUIREMENTS

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

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

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

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

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

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Performance Guarantee

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

The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from the Agreement execution ( Exhibit I . Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as describe d hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The city may secure additional protection by directing the Vendor to increase the amount of the existing bond or to obtain an additional bond.

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

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

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

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

4. The city is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.

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

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SECTION 4 – SCOPE OF WORK

PROJECT OVERVIEW

The City of Montebello, Montebello Bus Lines (MBL), is requesting services from highly qualified vendors to deliver and implement a comprehensive Enterprise Asset Management (EAM) System. The objective of this Request for Proposals (RFP) is to invite submissions from capable software providers, value-added resellers, and system integrators, either individually or in collaboration to fulfill Montebello's requirements and integrate with TransTrack and Fuel Master fueling system.

PROJECT DESCRIPTION

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

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

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

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

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

REPORTING AND ANALYTICS
Develop comprehensive dashboards and reporting tools that provide insights into costs, asset locations, ownership, management activities, and maintenance histories. These tools should be customizable to meet the specific reporting needs of Montebello.

• Mobile and Accessibility Features:
o Support mobile computing to facilitate field operations. o Ensure the system is accessible remotely, enhancing usability across various locations. • Phased Project Implementation: MBL anticipates a structured rollout of the EAM System , segmented into the following phases:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ONGOING SUPPORT

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

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SECTION 5 – QUALIFICATIONS

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

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

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

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

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

D. The firm must have a minimum of five years of experience and a demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.

E. Licensed to do business in the State of California.

F. Experience with projects of similar size and scope.

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SECTION 6 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

ENTERPRISE ASSET MANAGEMENT SYSTEM

THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 202 4, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY desires to retain a qualified professional VENDOR to develop and deploy an Enterprise Asset Management System to the CITY; and

WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and

WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, VENDOR responded to CITY’s Request for Proposals dated February 29, 2024 (RFP No. [24-23]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Vendor Proposal”).

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

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

a. This Agreement.
b. RFP No. 24-23, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 24-23 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 24 -23 dated ……………., 202 4, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

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SECTION 2. SERVICES / COMPENSATION.

A. VENDOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

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

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

C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by VENDOR within thirty (30) days of the date of such invoice.

D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defectiv e, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at VENDOR's discretion.

SECTION 3. TERM.

This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of three (3) years with the option to extend for an additional two (2), one-year (1-year) periods.

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

SECTION 4. PERFORMANCE.

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

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

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

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

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

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

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

SECTION 5. WORK PRODUCT.

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

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

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’s compliance hereunder. No

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payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

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

A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to the Compensation for those Professional Serv ices satisfactory performed on or before the effective date of termination.

B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to VENDOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non -refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement.

Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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SECTION 11. INDEPENDENT VENDOR.

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

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

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

SECTION 12. PERS ELIGIBILITY INDEMNITY.

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

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub-Vendors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

During the Term of this Agreement, VENDOR shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent vendors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

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

By executing this Agreement, VENDOR further certifies as follows:

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

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

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

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

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

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non-payment) prior written notice. VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at VENDOR’S expense, the premium thereon.

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

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

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

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

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

VENDOR hereby waives all rights of subrogation against CITY. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

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

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

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

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

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce t his Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

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SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered conta ining an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

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

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SECTION 22. NOTICE.

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

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

VENDOR
________________________
________________________
________________________
________________________

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

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

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

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and VENDOR. Any prior

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

CITY OF MONTEBELLO VENDOR

_______________________ _____________________
Raul Alvarez Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

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

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

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

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

The Proposer certifies that it has:

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

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

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

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

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

The Proposer further certifies that:

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

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36 Montebello Bus Lines

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

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

Addenda No(s)
Dated Dated

Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name
Business Address

Contact Person
Email Address
Phone

Fax
Signature of Authorized Official Signature of Authorized Official

Typed or Printed Name Typed or Printed Name

Title Title

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37 Montebello Bus Lines

Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For proposals requiring licenses the following information is required:

Vendor’s License No.

Expiration Date:

License Classification:

RFP No. 24-23

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 24-23, ENTERPRISE ASSET MANAGEMENT SYSTEM Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabil ities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilitie s”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, sub -contractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 2 4-23 Enterprise Asset Management System (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity pr ovision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument sha ll be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent t hat the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

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

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

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______

Date: ________________________________ ________________ Date: ________________________________ ________

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EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

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EXHIBIT C

INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the ins urer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to comme rcial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.

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

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Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

RFP No. 24-23

EXHIBIT D

RFP No. 24-23

ENTERPRISE ASSET MANAGEMENT SYSTEM

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

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

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

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Table 2: Year 1-3 Expenses
System/Service Cost Comments
Itemized Software:

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

_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ List other costs/fees: Description

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Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

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EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise

Firm Name

Address

Phone Number

Type of Business

Current DBE Certification? Yes* *No

*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)

Total $
% of Total Contract
Signature: Date:

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

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

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

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Part II
The bidder shall list all sub -contracators who provided a quote or bid but were not selected to participate as a sub - contractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations.

Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

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

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

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

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EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)

knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

Signature and Title of Authorized Official

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

Signature of Attorney Date

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION

The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Vendor’s Name:

Authorized Signature:

Title:

Date:

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EXHIBIT I

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,

(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

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

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

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

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

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

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

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

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Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

Attach hereto proof of authority of officers or agents to sign bond.

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EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the

Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

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EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

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EXHIBIT L

REQUIREMENTS MATRIX

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

1.0 – Equipment/Asset Management Module

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

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

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

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

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

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

1.07 Provide unlimited notes capability for an asset record.

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

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

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

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

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

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

1.20 Track changes in departmental ownership.

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

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

RFP No. 24-23

Montebello Bus Lines

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

RFP No. 24-23

Montebello Bus Lines

Display the following history fields by month or year:
• Total Maintenance and Repair: the total maintenance and repair dollars spent on this equipment.
• Maintenance: the dollars spent on parts, labor and sublet costs for PM’s. • Repair: dollars spent on parts, labor and sublet costs for all other repairs (non- PM’s and non-accident repairs).
• Accident: dollars spent on parts, labor and sublet costs for accident repairs. • Capital: dollars spent on parts, labor and sublet costs for capital repairs. • Miscellaneous Costs: dollars spent for work order miscellaneous costs such as shop supplies, environmental fees, etc.
• Fuel Cost: costs associated with fuel. Fuel Qty: quantity of fuel used for the month or year.
• Meter: type of meter.
• Cost/Meter: costs attributed to this meter [(Maintenance + Repair)/Meter Reading]
• Meter/Gallon: costs of meter per gallon (Meter Reading/Fuel Qty.). • Parts: total dollars spent on parts for this equipment for selected period (not PM or accident part costs).
• Labor: total dollars spent on labor for selected period. • Sublet: total dollars spent on sublet costs for this piece of equipment for selected period.
• Credit: total number of credit dollars given on this piece of equipment. • Accident: total dollars from accidents.
• Other Fluid: amount of other fluids used in this equipment for the selected period.

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

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

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

2.0 – Parts Inventory/Processing & Management Module

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

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

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

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

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

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

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

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

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

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

2.21 Have the ability to print bin labels.

2.22 Provide a works list to assist in inventory counts.

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

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

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

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

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

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

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

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

2.37 Provide parts cross referencing capability.

RFP No. 24-23

Montebello Bus Lines

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

2.39 Provide the ability to track parts on back order.

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

3.0 – Technician Workstation Module

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

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

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

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

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

3.06 Track indirect time without opening a work order.

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

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

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

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

4.0 – Work Order Module

4.01 Provide a simple work order add from one screen.

RFP No. 24-23

Montebello Bus Lines

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

4.24 Require a specific authorization for closing a work order.

4.25 Require specific authorization for reopening a closed work order.

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

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

4.28 Allow credits to the work order.

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

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

4.31 Ability to provide walk-around checklist.

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

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

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

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

5.0 – Preventative Maintenance

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

6.0 – Availability and Downtime/Hold list Tracking

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

6.02 Store user-defined downtime.

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

6.04 Allow the administrator to define downtime statuses.

6.05 Provide ability to stop and re-start downtime.

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

6.07 Report user downtime by cause.

6.08 Provide an online review of downtime by status.

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

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

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

7.0 – Fuel Management Module

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

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

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

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

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

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

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

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

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

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

5.06 Track unlimited PMs for all components.

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

5.08 Adjust for early/late hierarchically scheduled PM services.

5.09 Include all associated components in a PM due report.

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

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

5.12 Provide an automatic PM Email Notification Program.

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

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

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

RFP No. 24-23

Montebello Bus Lines

7.10 Track multiple alternate fuels.

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RFP No. 24-23

Montebello Bus Lines

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

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

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

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

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

8.20 Vehicle Utilization Vehicle utilization report based on user defined parameters

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

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

Section

Description

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

INCLUDED IN

BASE PRICE
(YES/NO)

9.0 – Customer Access / Connecting with Outside Software

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

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

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

9.4 Accidents
• Track repairs
• Track insurance bids/supplements

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

Montebello Bus Lines

[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

RFP No. 24-23
7 Montebello Bus Lines

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

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

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

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
FASTER Asset Solutions
Mitch Skyer
[email protected]
President
09/11/2024
MS

ATTACHMENT B

RFP No. 24-23
35 Montebello Bus Lines
SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

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

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

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

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

The Proposer certifies that it has:

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

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

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

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

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

The Proposer further certifies that:

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

RFP No. 24-23
36 Montebello Bus Lines

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

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

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

Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official Typed or Printed Name Typed or Printed Name
Title Title
TT FASTER LLC dba FASTER Asset Solutions
760 Lynnhaven Pkwy, Suite 203
Virginia Beach, VA 23452
Mitch Skyer
(757) 623-1700
[email protected]
(757) 623-5114
President
Mitch Skyer
Addendum #1 - 08/20/2024
Addendum #2 - 08/27/2024

RFP No. 24-23
37 Montebello Bus Lines
Date Date
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For proposals requiring licenses the following information is required:

Vendor’s License No.

Expiration Date:

License Classification:
8/30/2024
N/A

FASTER Asset Solutions
Chase Cloyd
Enterprise Sales Manager
760 Lynnhaven Pkwy, Suite 203
Virginia Beach, VA 23452
(858) 395-4987
[email protected]
City of Montebello, MBL
Robert Fierro
Management Analyst
400 S. Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 1115
[email protected]

TECHNICAL

PROPOSAL
September 19, 2024
RFP# 24-23

ENTERPRISE ASSET MANAGEMENT
SYSTEM

P R E P A R E D F O R

P R E P A R E D B Y

September 19, 2024
RFP# 24-23
City of Montebello, MBL
Robert Fierro
Management Analyst
400 S. Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 1115
[email protected]
Dear Robert,
FASTER Asset Solutions is pleased to submit our response to serve RFP# 24-23 for an Enterprise Asset Management System. Our proposal illustrates our understanding of the established requirements and compliance standards, as well as our ability to fulfill them as stated in the solicitation.

Our proposal outlines a comprehensive Fleet Management System tailored to the City of Montebello, Montebello Bus Lines (MBL). FASTER's solution will result in increased transparency into each stage of an asset’s lifecycle, automation of time-consuming manual tasks, and a reduction in unnecessary costs.

FASTER's mission is to streamline fleet management with precise data and visibility across all processes. Our solution empowers our clients to track all vehicle assets, maintenance, inventory, and reports within their municipality from one integrated solution. For over 40 years, we have continuously improved our offerings through three generations of technology. This dedication to streamlined fleet management and constant innovation has given us the distinction of being the leading provider of fleet management information systems (FMIS) to municipal governments in the United States.

FASTER Asset Solutions will empower MBL with the tools it needs to ensure their fleets are efficiently used, well-maintained, and ready to serve at a moment’s notice. Our solution FASTER Web enables our clients to view the details of any vehicle or non-powered asset, from make and model to its warranties, life cycle, and all preventative maintenance. Scheduling, mechanic assignments, real-time labor entry, accounting and billing, all can be done from one singular platform. Users can easily generate highly-detailed, accurate reports with standard and custom fields, enabling agencies to easily measure each aspect of fleet performance.

FASTER uses a hands-on approach to match each client’s individual needs; our service team provides full client support at each stage of implementation. We feel confident FASTER's Computerized Fleet Management Information Systems can not only meet MBL's expectations, but surpass them.

As President of FASTER, I am fully authorized to represent the company in negotiations and will sign any contracts required. We look forward to your review and are available to answer any questions, if needed. This proposal and associated pricing will be valid and binding for 90 days from the date of September 19, 2024.

Sincerely,
Mitch Skyer
President
FASTER Asset Sol uti ons, 760 Lynnhaven Pkwy Sui t e 203, Vi r gi ni a Beach VA 23452

FASTER Web Fleet Management
Software provides a robust, yet
easy-to-use solution that meets
the objectives of this project.

FASTER Web will allow you to
accurately track all the costs
related to your fleet, facilitating
reductions in fleet acquisition,
maintenance, and operational
costs in addition to improving the
overall accuracy of budgeting
and planning over the long term;
efficiently manage all aspects of
vehicle and asset maintenance
and service; schedule and
perform timely preventive and
routine maintenance of all the
vehicles in your fleet using
general industry and/or vehicle
manufacturer standards;
efficiently maintain parts
inventory in a manner that
reduces overhead and increases
uptime and availability; and
effectively manage all the labor
and maintenance involved in
running a top fleet. Overall
partnering with a best of breed
fleet management provider like
FASTER will equip your agency
with the software, resources and
support it needs to meet and
exceed the needs of your
customer drivers and run an
efficient, successful fleet
operation.

Since FASTER Web is a true
enterprise system, there is an
extraordinary difference in the
end-state product the customer’s
users will experience. In the end,
FASTER Web not only provides a
better ROI and a quicker and
easier implementation, but it will
also far better fulfill the
operational efficiency and data
needs of your management and
operation.

COMPANY

OVERVIEW
FASTER is a national firm and the largest provider of fleet management information systems (FMIS) to Municipal
Government in North America. FASTER's mission is to provide the best-of-breed fleet management solution, with
phenomenal rollouts and support.

FASTER

H E A D Q U A R T E R S
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2 0 3
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FASTER WEB
The professional staff at FASTER make up the company that is the largest provider of Fleet Management Information Systems to Municipal Government in North America. Our customer-focused culture provides a business model that has created long tenure and the largest wealth of fleet system knowledge in the industry, with over 460 successful customer implementations.

FASTER Asset Solutions has been headquartered in the Hampton Roads region of Virginia since our founding in 1982 as CCG Systems. TT FASTER LLC dba FASTER Asset Solutions is a
Delaware Limited Liability Company.

CORPORATE OFFICERS
Mitch Skyer – President ([email protected])
Scott McLaren - Vice President of Sales ([email protected]) Tracey Banks, Ph.D., PMP, CSM – Senior Director, Professional Service
O V E R 4 6 0 C U S T O M E R S
FASTER Technical Proposal Pg. 8

1982 - Founded
FASTER Asset Solutions was founded in 1982 and is still headquartered in Hampton Roads, Virginia. Our original name was CCG Systems, Inc. We created a successful fleet management system that received wide acceptance in the marketplace. The four original founding partners sold their stock to a fellow employee, who became the majority stockholder along with 28 other employees who became minority stockholders.
2004 - Employee Stock Ownership (ESOP)
In 2004, those 29-employee stockholders sold the company to an Employee Stock Ownership Plan (ESOP). Thus, ownership changed from a company owned by several employees to an ESOP- owned company where ownership is distributed among current and future employees. 2009 - Company Name Change
In 2008, in an effort to eliminate market confusion between the original company name, CCG Systems, and the brand name FASTER, the company began conducting business as FASTER Asset Solutions.
2010 - COTS Enterprise Company
FASTER made a tactical decision in 2010 to heavily invest in technology, processes, and methods to evolve the company to be the best-of-breed (BOB) enterprise fleet management information system you see today. In addition, it revamped all processes and invested in tools to create excellence in enterprise-level implementation methodology that would reduce risk, maximize utilization, and create the best ongoing service experience for our customers. The latest technology system updates and enterprise integration approach has resulted in a reliable track- record over the past decade.
2019 + Enterprise Success Leads to Financial Success
In 2019, FASTER’s ESOP became “mature”, having paid off all debt associated with the purchase of stocks. This enabled the company to make heavy investments in FASTER Win and FASTER Web to continue a rich history of product enhancement. Of particular note is also the cutting- edge, enterprise integrations capabilities that created robust capabilities, superior flexibility, lower cost, and faster-to-market integrations capabilities with any system to which a customer chooses to integrate. With the stock purchase debt paid off and the ESOP mature, FASTER took the next step in its evolution at the end of 2019 and became a wholly-owned subsidiary of Transit Technologies, LLC. FASTER looks forward to the future, now with a parent company accelerating our growth to bring even more customers our best-of-breed FMIS system, coupled with the best support in the industry.

COMPANY HISTORY

PRODUCT HISTORY
FASTER has had only three FMIS systems since its inception in 1982. The first was called BOS and was supported until the last customer migrated to our 3rd generation system in 2012. Our 2nd generation system, FASTER Win, is a client-server system released in 1999. It continues to be in wide use and is supported and enhanced to this day. Our 3rd generation product, FASTER Web, is a powerful, browser-based system that was released in 2011.

FASTER Technical Proposal Pg. 9

FASTER has a unique and successful niche in the software/systems world. We created a distinguished company which provides the best asset management system and service in our space. To achieve this, we have evolved a culture that is committed to these core values:

Integrity = Customer Trust & a Fun Culture.

The cultural policy requirement of acting with integrity for most people is a moral imperative. But it also worth expressing the cultural and business benefits. Staff acting with integrity results in:

Fewer stressful customer problems which = A far more fun workplace.

A culture where we can trust others to do what they’re supposed to do and what they say they will do = A greater opportunity to innovate. Many organizations waste their staff’s innovative talent fixing problems other staff create due to a lack of integrity.

The enemy of innovation is a lack of follow-through. Great ideas often fail due to an inability to implement effectively.

The above provides insight into why integrity is so important. Below we share values that help us work and live with integrity. Ben Franklin once wrote that it is a never-ending process of continual work to cultivate character (values).

Honesty1.

Internal honesty: the habit of reasoning honestly through opportunities and problems and not rationalizing
Candor: honesty with others
Integrity 2.

Doing what you agree you will do
Being fully present and engaged
Following process and procedure
Humility 3.

Respect for others that manifests in an internal ability to recognize that without each other we cannot succeed
Gratitude 4.

Actions and words that show humility and the valuing of others TenaCity5.

Commitment to overcome obstacles
Financial Discipline6.

Alignment of our values and where we spend the company’s money

COMPANY VALUES
FASTER Technical Proposal Pg. 10

Subsidiaries 8
Employees 285
Customers 2,200
Location Knoxville, TN
Backed by more than 2,200 clients globally and powering more than 130M rides annually, Transit Technologies provides the best public, private, and specialty mobility platforms in the industry.

These Commercial-off-the-shelf (COTS) solutions seamlessly integrate right out of the box so your software for Fixed Route, Paratransit, NEMT, Microtransit, Digital Fares, Fleet Management, Onboard Cameras, Telematics, and AVs and EVs work together from day one. www.transit-technologies.com

OUR BRANDS
Fixed Route | On Demand
Telematics & Journey Planning
Onboard Cameras | GPS Tracking
& Personal Safety Devices
Fleet Management | Motorpool
Fuel & Inventory
Paratransit | NEMT
& Billing
Fixed Route | On Demand
Commuting & Parking
Paratransit | Microtransit
& Eligibilty
Mobile Payments | Call Centers
Service Management
Student Transportation Operations
Scheduling | Dispatch | GPS | Payroll
FASTER Technical Proposal Pg. 11

FASTER is the largest provider of fleet management information systems (FMIS) to Municipal Government in North America.

Founded in 1982, FASTER has been in the asset management industry for over forty years. Our current offerings evolved from three separate generations of technology and decades of experience working with a wide variety of clients. FASTER's customer base includes transit agencies, airports, grounds management, public utilities, private companies, cities, counties and state agencies.

The cornerstone of our technology, FASTER Web, was launched in 2011. FASTER Web improved upon previous iterations’ features while adding further functionality in the form of extensive, customizable modules. Capable of integrating with a wide variety of platforms, FASTER Web is built with flexibility in mind. This gives FASTER customers the ability to design an asset
management platform that is uniquely suited to their needs and operations.

FASTER Web efficiently manages all aspects of vehicle and asset maintenance and service including, but not limited to:
scheduling and performing timely preventive and routine maintenance of all the vehicles within your fleet, using general industry and/or vehicle manufacturer standards, efficiently maintaining parts inventory that reduces overhead and increases uptime and availability, and effectively managing all the labor and maintenance involved in running a top fleet.
387,419
Assets
Managed
460
Clients in
North America
$30.6B
Asset Value
96 Integrations
available

QUALIFICATIONS &

EXPERIENCE
FASTER Asset Solutions has been in business for decades. We’ve innovated across three generations of rapidly evolving technology to bring comprehensive fleet management solutions to a wide range of clients across North America.

With more than 460 successful implementations, FASTER has developed an efficient and quality driven implementation process. FASTER has a proven implementation methodology that focuses on communication, cooperation, quality, and accuracy. For example, we provide a thorough Soft Go-Live that enables clients to see, use, and test every single deliverable, including converted data and any integrations. Thus, FASTER Web customers can ensure prior to going live that all needs are met and calibrated to the client’s specific standards.

FASTER Technical Proposal Pg. 12

THE FASTER ADVANTAGE
FASTER Asset Solutions offers a robust platform that handles all aspects of the fleet management solution. Capable of providing granular data into everything, from overall fuel costs to the exact parts used and the type of labor done on any vehicle. We provide everything necessary to keep your fleet running and peak efficiency while minimizing costs; that’s the FASTER advantage.

Analytics & Reporting
Custom and standard insights into KPIs,
expenses, parts inventory, and more.

Accounting & Billing
Flexible tracking of all costs, vendors,
billable dollars, and customer accounts
Asset Management
Manage assets, schedule maintenance,
life cycle tracking
Parts Inventory
Track on-hand parts, pending orders,
full parts history.

MotorPool
Give your staff the ability to schedule,
reserve, and return shared vehicles
Fuel Inventory
Track fuel-related data and costs within
FASTER for unlimited fuel types
These are only a fraction of the benefits FASTER provides our clients. In addition to these differentiators, we offer additional modules that can be added to a platform at any given time, allowing us to grow in tandem with your agency’s needs. Whether it’s tracking maintenance, warranties, fuel costs, or current parts inventory, FASTER Web has the right tool for the job every single time.

FASTER Technical Proposal Pg. 13

REFERENCES
FASTER Technical Proposal Pg. 14

RFP No. 24-23

Montebello Bus Lines

EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

City of Glendale, CA
Irma Isayan, IT Manager
(818) 548-4086
[email protected]
613 E. Broadway
Glendale, CA 91206
148,878.00
08/27/2015
5 Years
FASTER Web; Dashboard, Fuel Import (PetroVend),
1077 Standard Assets
City of Albany, GA
Adam Saylor, Fleet Superintendent
(229) 430-5272 ext. 3
[email protected]
1312 Blaylock St.

Albany, GA 31705
147,225.00
06/30/2011
5 Years
FASTER Web; Dashboard, Barcode, Fuel Import (PetroVend), Motor Pool,840 Standard Assets
GoRaleigh, NC
Vanessa Serrano, Parts Manager
(919) 996-3912
[email protected]
4104 Poole Rd.

Raleigh, NC 27610
71,950.00
06/18/2018
5 Years
FASTER Web; Dashboard, Barcode, Fuel Import (Fuel Master), 250 Standard Assets
FASTER Technical Proposal Pg. 15

Main Contact:

Irma Isayan
IT Manager, Information
Technology Projects
(818) 548-4086
[email protected]
Project Details:

Agency Name
Location
Software Installed
City of Glendale, CA
613 E. Broadway Glendale, CA 91206
FASTER Web
Dashboard
(2) Fuel Imports

CITY OF

GLENDALE,

CALIFORNIA
The City of Glendale, in Los Angeles County, CA has a population of 192,000 residents. The Fleet Services Division performs scheduled preventive maintenance for over 1,100 vehicles and equipment for the Water and Power, Public Works, Police, and Fire Departments, and is also responsible with managing the inspections and compliance for all fleet related Federal, State, County, and local regulations polices and mandates.

The City of Glendale has been a FASTER Win customer since 2001. In 2015 FASTER’s Implementation team migrated all the existing FASTER Win data into our upgraded FASTER Web fleet management system.

FASTER provided data conversion services that included nearly 1500 Asset records and 22 years of historical data. The project team trained a staff of over 40 technicians, inventory personnel, and management.

FASTER Technical Proposal Pg. 16

CITY OF

ALBANY, GA
Project Details:

Agency Name
Location
Software Installed
City of Albany, GA
1312 Blaylock St. Albany, GA 31705
FASTER Web
Dashboard
Barcode Module
Fuel Import - PetroVend
Motor Pool
Main Contact:

Adam Saylor
Fleet Superintendent
(229) 430-5272 Ext. 3
[email protected]
FASTER Technical Proposal Pg. 17

Main Contact:

Vanessa Serrano
Parts Manager
(919) 996-3912
[email protected]
GoRaleigh,
NC
Project Details:

Agency Name
Location
Software Installed
GoRaleigh, NC
4104 Poole Rd. Raleigh, NC 27610
FASTER Web
Dashboard
Barcode Module
Fuel Import - Fuel Master
FASTER Technical Proposal Pg. 18

ORGANIZATIONAL
CHART

MITCH SKYER

P R E S I D E N T

TRACEY BANKS

S E N I O R D I R E C T O R

P R O F E S S I O N A L

S E R V I C E S

RYAN MONTGOMERY

P R O D U C T

E N G I N E E R I N G

SCOTT MCLAREN

V P O F S A L E S

M A R K E T I N G

T E A M

R E P O R T S A N D

I N T E G R A T I O N S

T E A M

C L I E N T S U C C E S S

T E A M

D E V E L O P M E N T

T E A M

E N T E R P R I S E S A L E S

T E A M

I M P L E M E N T A T I O N S

T E A M

L E A R N I N G S E R V I C E S

T E A M

S U P P O R T

T E A M

D A T A S E R V I C E S

A N D Q A T E A M

P O R F O L I O

M A N A G E M E N T T E A M
FASTER Technical Proposal Pg. 19

PROJECT TEAM
FASTER Technical Proposal Pg. 20

The Project Team includes the FASTER Portfolio Manager who will coordinate the many FASTER Resources that will serve on your implementation project. That team will include: an Implementation Consultant who will be like a guide to your fleet staff in advising them; Database Developers who will work on the conversion; Quality Assurance team who will test data and integrations work; and Development Managers and staff who will engage in any custom integrations work.

The professional staff at FASTER make up the Company that is the largest provider of Fleet Management Information Systems to Municipal Government in North America. Our customer- focused culture provides a business model that has created long tenure and the largest wealth of fleet system knowledge in the industry, with over 460 successful customer implementations.

Seventy percent of FASTER’s technical staff has been with us for more than 10 years. Further, reference checks will reveal that no other vendor offers the level of professional technical support staff and responsiveness as FASTER. This results in a better implementation experience along with superior on-going support, which ultimately results in better system utilization and ROI.

PROJECT TEAM
FASTER Technical Proposal Pg. 21

SCOPE OF WORK
FASTER Technical Proposal Pg. 22

EXECUTIVE

SUMMARY
FASTER Asset Solutions meets all the requirements as defined within the RFP and the Requirements Matrix. We believe the City of Montebello, Montebello Bus Lines (MBL) will find that our experience in developing, implementing, and innovating FMIS solutions makes us the superior choice for everything fleet management.

FASTER has been in business since 1982 and provides FMIS systems to cities, counties, states, universities, airports, transit, public utilities, and private companies. We are the largest provider of fleet management software to municipal governments in the United States.

FASTER's mission is to streamline fleet management with precise data and visibility across all processes. Our solution empowers our clients to track all vehicle assets, maintenance, inventory, and reports within their municipality from one integrated solution. The core of our technology, FASTER Web, is a web-based system that utilizes cutting-edge software and incorporates industry-standard design techniques and principles.

FASTER Web provides a truly comprehensive asset management system that comes equipped with scheduled maintenance and warranty alerts, complete vehicle history, and expense reports. Easily assign mechanics to repairs or maintenance, who are then able to record all work done within the FMIS. Clients utilizing this software can track of inventory, expenses, and filter all metrics into easily reviewed reports.

With the robust features of FASTER Web, MBL can also deliver crucial and actionable insights to stakeholders. The Dashboard Module provides a quick overview of 20 key performance indicators (KPIs) with real-time data. The Asset Module facilitates asset viewing and searching, asset reassignments, preventative maintenance scheduling and tracking, and more. The Vendor Module manages all vendor records, including contract and location details. Beyond these three modules, FASTER Web offers many other powerful tools that are built with agencies like MBL in mind.

Our approach in our proposal is to offer the City of Montebello the best value on the best fleet management solution available. FASTER Asset Solutions will meet all the requirements for your Fleet Asset Management Solution and, as a national organization with over 40 years experience in the municipal fleet industry, we have the necessary expertise in developing and implementing Fleet Management Information System (FMIS) solutions to fully meet your agency’s unique needs.

The following page provides an overview of the FASTER solutions proposed to meet the requirements of this RFP.

FASTER Technical Proposal Pg. 23

Requirements
Matrix
FASTER Technical Proposal Pg. 24

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

INCLUDED IN
BASE

PRICE (YES/NO)

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

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

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

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

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

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

1.07 Provide unlimited notes capability for an asset record. Fully Yes

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

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

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

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

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

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

Fully Yes

EXHIBIT L REQUIREMENTS MATRIX

1.0 – Equipment/Asset Management Module
FASTER Technical Proposal Pg. 25

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

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

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

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

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

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

1.20 Track changes in departmental ownership. Fully Yes

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

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

Fully Yes

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

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

Fully
Yes

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

Fully Yes

1.26 Online display of historical information for each piece of equipment including:
• Monthly or yearly totals by fiscal year or calendar year for:
- Fuel costs and quantity
- Meter type and cost/meter
- Parts
- Labor
- Sublet
- Credit
- Accident
- All parts issued to the equipment
Fully Yes
FASTER Technical Proposal Pg. 26