Agenda packet — Montebello City Council, May 14, 2025 (part 7 of 10)

PROFESSIONAL SERVICES AGREEMENT NO. XXXX
materials and incidental necessary to provide services as such is set forth fully in Exhibit A hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONSULTANT shall be compensated on as-needed case by case basis for performance of the Professional Services as set forth in Exhibit B and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall not commence work without a fully executed task order(s) signed and executed by the City Manager and compensation is based on the individual task order(s) and each task order(s) must provide an itemized billing statement to the CITY when each task order(s) is performed and completed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.

This Agreement shall commence upon issuance of the Notice to Proceed by the CITY, and shall expire on , unless extended or terminated earlier as hereinafter provided.

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

Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to Compensation for those Professional Services satisfactorily 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 (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the
CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONSULTANT 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 CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT 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 CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance.

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’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. CITY shall not be required to indemnify, defend, protect or hold harmless the CONSULTANT.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
•Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
•Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $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 CONSULTANT’S

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California 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 CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f.Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy.

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

City of Montebello
Attn: 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 CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or subcontractors.

No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
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 the County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

SECTION 21. 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

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
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.

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

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:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard Montebello, CA 90640
(323) 887-1200
With a copy to: City of Michael Solorza
1600 West Beverly Boulevard Montebello, CA 90640
(323) 887 -1200
[email protected]
If to CONSULTANT: Consultant Name
Attn:

Address
City, CA #####
(###) ###-####
Email
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 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that subcontractor 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.

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
SECTION 23. CONFLICT OF INTEREST.

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

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

SECTION 24. ENTIRE AGREEMENT.

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

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

CITY OF MONTEBELLO CONSULTANT NAME
Raul Alvarez, City Manager Full Name, Title
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
•Exhibit A – Request for Quotations for Services and Contractor’s Proposal •Exhibit B – Schedule of Compensation
•Exhibit C – Live Scan Fingerprinting Requirement [Delete if not applicable and/or continue listing Exhibits as applicable]

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

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EXHIBIT “B”
Schedule of Compensation

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

The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

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ATTACHMENT E

CITY OF MONTEBELLO
Request for Quotations
(RFQ No. 25-06)

SUPPLY AND DELIVERY OF ASPHALT

REPAIR MATERIALS
Release Date: Thursday, May 15, 2025
Questions Due: Sunday, May 25, 2025, at 11 a.m. P.D.T.

Due Date: Thursday, June 05, 2025, at 11 a.m. P.D.T.

Page | 1

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TO PROSPECTIVE BIDDERS
The City of Montebello invites your firm to submit a bid in accordance with this Request for Quotations (RFQ). Your response to this request will be evaluated to determine the qualifications of your firm. Bids must adhere to the format and content of this RFQ. Bids will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required in order to qualify for consideration. The successful bidder will be required to enter into a standard professional services agreement based on the specifications outlined in this RFQ.

THE DATE OF SOLICITATION:

May 15, 2025
THE PROJECT:

Project Name: Supply and Delivery of Asphalt Repair Materials THE OWNER:

Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact:Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1460
Contact E-Mail: [email protected]

PROPOSAL CONTACTS
Any questions concerning this RFQ and all correspondence must be submitted in writing via e-mail to the following contact:

Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1200 ext. 1427
Contact E-Mail: [email protected]
Any questions about this RFQ should be submitted via the City’s PlanetBids Portal by May 25, 2025, at 11:00 a.m. PDT. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Page | 2

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SUPPLY AND DELIVERY OF ASPHALT REPAIR MATERIALS
Request for Quotations No. 25-06
Table of Contents
No. Page
I. Notice Inviting Sealed Quotes 4
II. General Scope of Work – Scope of Services 5
III. General Requirements 5
IV. Contract Provisions/Specifications 6-7
V. Required Information/Bid Format 7
VI. Evaluation Process and Selection Criteria 9
VII. Contract with the City and Anticipated Timing for
Beginning Services
10 VIII. Submittal Requirements 10
IX. Appendix A – References 11
X. Sample Professional Services Agreement 12
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I. NOTICE INVITING QUOTATIONS FOR SUPPLY AND DELIVERY OF ASPHALT

REPAIR MATERIALS
RFQ NO. 25-06
PUBLIC NOTICE IS HEREBY GIVEN THAT THE City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids via the PlanetBids vendor portal found on the City of Montebello’s official website up to the hour of 11:00 a.m. on Thursday, June 05, 2025.

Copies of the specifications and contract documents are available from the City of Montebello, 1600 West Beverly Boulevard, Montebello, California 90640.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

Proposals must be prepared on the approved Proposal forms in conformance with the instructions to Bidders.

The successful Vendor and Subcontractors are notified that they shall comply with all applicable state laws, Montebello Municipal Code, will be required to possess business licenses from the City, and other requirements as set forth in the contract requirements.

Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made part of the final contract.

The solicitation of Quotations has been developed in the Request for Quotations (RFQ) format.

Accordingly, bidders should take note that multiple factors as defined in the RFQ will be considered by the City to determine which bid best meets the requirements set forth in the RFQ documents. Price will be considered as part of the evaluation, but other factors under consideration include, but are not limited to, proposed methodology, quality control program, experience of staff, experience of management team, quality of equipment, tools and uniforms.

The City reserves the right to negotiate the terms of any resulting contract. Final contract award, if any, will be made by the Montebello City Council.

The AGENCY reserves the right to accept or reject any or all bids, to waive any irregularity in a bid and to make an award as may serve the interests of the City.

Questions should be directed to James Coiner, Deputy Director of Public Works at [email protected]
THE DATE OF SOLICITATION: Thursday, May 15, 2025
QUESTIONS MUST BE SUBMITTED BY: Sunday, May 25, 2025, at 11:00 a.m. PST SUBMITTAL DUE DATE: Thursday, June 05, 2025, at 11:00 a.m. PST

REQUEST FOR QUOTATIONS
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The City of Montebello is seeking bids from qualified vendors to supply and deliver asphalt repair materials. The City’s Public Works Department is responsible for the maintenance and repair of streets to ensure safe and efficient roadways for residents, businesses, and visitors.

Regular maintenance includes filling potholes, patching deteriorated pavement, and conducting temporary or permanent road repairs. Materials include cold patch, hot patch, and emulsions.

The selected vendor will be responsible for providing timely and dependable access to essential equipment and materials, ensuring operational continuity and minimizing delays in both procurement and ongoing operations.

II. SCOPE OF SERVICES
Selected vendors will provide a comprehensive range of government-issued signage and traffic safety materials, including but not limited to:
• Street and Traffic Signs: Stop signs, speed limit signs, yield signs, pedestrian crossing signs, and regulatory signage compliant with MUTCD (Manual on Uniform Traffic Control Devices) and California state standards.
• Municipal and Public Facility Signage: Wayfinding signs, parking lot signs, facility nameplates, and park signage.
• Custom and Specialty Signage: City-branded signs, construction zone notices, event signage, and emergency notification boards.
• Traffic Control Supplies: Traffic cones, barricades, delineators, A-frame signs, and message boards for temporary traffic management.
• Sign Installation and Hardware: Signposts, mounting brackets, reflective sheeting, and other necessary hardware for secure installation.
• Vendors must be able to provide high-quality, durable, and weather-resistant materials, ensuring longevity and compliance with federal and state regulations.

Additionally, they must support expedited orders for emergency replacements or special projects.

III. GENERAL REQUIREMENTS
To be considered for this contract, vendors must meet the following qualifications:
• Hold a valid business license in the State of California. • Have at least five (5) years of experience manufacturing and supplying government- compliant signage.
• Demonstrate the ability to produce signs in compliance with MUTCD, Caltrans, and other applicable regulatory standards.
• Maintain a reliable inventory to fulfill large orders and accommodate urgent requests. • Provide warranties on all signage materials and installation hardware. • Offer competitive pricing
IV. CONTRACT PROVISIONS AND SPECIFICATIONS
A.Term of Contract
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1. The initial term of the contract shall be for three (3) years from the effective date, with up to two (2) optional one-year extensions, subject to City approval and vendor performance.

2. Term to end on the end of the Fiscal year (June 30, 2028)

3. The City reserves the right to extend or amend the contract based on operational needs and funding availability.

B. Pricing and Invoicing

1. Due to fluctuating material and supply chain costs, vendors are not required to submit fixed pricing but must provide a documented pricing structure (e.g., retail price less a defined percentage discount or access to government/municipal pricing tiers).

2. The vendor shall provide the City with access to real-time pricing through catalogs, portals, or in-store rates.

3. Invoices must be itemized and clearly reflect the retail price, discount applied, and final cost to the City. Invoices shall reference the relevant purchase order number and be submitted to the City’s designated billing contact.

C. Delivery and Fulfillment

1. Vendors must offer multiple fulfillment methods, including:
o In-store pickup,
o Scheduled delivery to City-designated facilities, and/or o Online order and delivery services where available.

2. Delivery timelines must be communicated clearly at the time of order and confirmed in writing when applicable.

3. City Departments may use authorized purchasing cards (P-cards) for same-day in-store purchases.

D. Product Availability and Substitutions

1. Vendors must notify the City of any out-of-stock or discontinued items and propose equivalent alternatives when available.

2. Substituted products must meet or exceed the specifications and quality of the originally requested item.

E. Product Standards and Warranty

1. All items must be new, of commercial-grade quality, and suitable for government operations.

2. Products must comply with all applicable federal, state, and local safety regulations.

3. Manufacturer warranties shall apply to all products purchased; vendors shall assist the City in processing any warranty claims as needed.

F. Customer Support

1. Vendors must designate a corporate or regional representative to serve as the primary liaison to City staff.

2. The vendor shall provide contact information for store-level and account-level customer service for prompt assistance with returns, credits, and inquiries.

G. Termination
The City reserves the right to terminate the contract at any time for convenience with thirty (30) calendar days’ written notice. Immediate termination may occur in the event of:
• Repeated supply failures or non-performance,
• Unreasonable price increases without explanation,
• Unresolved customer service or billing issues.

H. Insurance Requirements
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Vendors shall maintain insurance coverage consistent with the City’s standard professional services agreement. Proof of insurance shall be provided upon execution of the contract and annually thereafter.

I. Governing Law and Venue
This contract shall be governed in accordance with the laws of the State of California. Venue shall lie exclusively in the courts of Los Angeles County.

V. REQUIRED INFORMATION AND BID FORMAT
To be considered for selection, respondent individuals or firms shall submit a bid that addresses each of the following criteria, and shall also provide resumes and evidence of qualifications to provide the services listed in this RFQ. All bids must be electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website:
http://www.montebelloca.gov/departments/finance/requset_for_proposal bids.

All Prospective Bidders must register to bid through the PlanetBids Vendor Portal found on the City of Montebello’s website at the link provided above.

The City reserves the right to reject any and all bids as “non-responsive” for failure to provide the required information and abide by the required format outlined in this RFQ.

1. Letter of Interest
•Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach
•Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience
•Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

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•Using Appendix A – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.
•Resumes may also be included in this section for any key staff associated with project.

4. Proposed Scope of Services
•Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFQ; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

5. Conflict of Interest Statement
•The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

6. Contract Documents
•Utilize the attached Project Bid Sheet (Appendix A) to provide a proposed schedule of fees for each lunch or snack to be provided.

7. Customer Service
•Describe how your firm provides for responsiveness to phone calls or email from City staff; and discuss your anticipated relationship with the City of Montebello and your organization.

8. Standard Professional Services Agreement
•Include a statement regarding whether the City’s standard professional services agreement is acceptable as is or whether any modification would be proposed.

9. Conflict of Interest Statement
•The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.
•List any lawsuits or arbitration proceedings that have been initiated by or against your firm in the past five (5) years. Briefly state the nature of the action and the outcome.

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VI. EVALUATION PROCESS AND SELECTION CRITERIA
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A. Preliminary Proposal Review – The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation – In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project – 30%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Experience and personnel assigned to the work
d. Communication skills
ii. Reputation for integrity and competence – 10%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 60%
The vendor must satisfy the City of its ability to perform the services required. The vendor must demonstrate and document a history of timely and satisfactory performance of similar projects in a manner, which addresses the stated evaluation criteria. The vendor shall be responsible for the accuracy of information supplied concerning references. In addition, the City may consider evidence of untimely and unsatisfactory performance on prior similar projects, or litigation by the vendor on previous contracts to be grounds for disqualification.

The City reserves the right to reject any or all Quotations, amend the RFQ, and to discontinue or re-open the process at any time. The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria. Upon completion of the evaluation phase, the City will select those vendors for interviews whose bids and qualifications most closely conform to the requirements of this RFQ, if required. The vendor, by submitting a response to this RFQ, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. The City may choose to interview one or more firms responding to this RFQ, and may enter into more than one contract with multiple individuals or firms, if City determines that is the best way to address the full range of services needed under this RFQ.

Questions during the solicitation period are preferably received by email, and may be addressed to:

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Attn: James Coiner
Deputy Director of Public Works
[email protected]
1600 W. Beverly Blvd.

Montebello, CA 90640
(323) 887-1200 ext. 1378
VII. CONTRACT WITH THE CITY AND ANTICIPATED TIMING FOR BEGINNING

SERVICES
The selected vendor will be required to enter into an Agreement with the City. The Agreement will include the final scope of work that is negotiated with the vendor. The City Manager is the authorizing entity to issue contracts with the Montebello City Council approval, and the contract will not take effect until it is approved by the City Council (as required) and fully executed by Vendor and City.

During the term of the contract, the Vendor will be required to keep informed of applicable local, State and Federal laws and regulations, including, but not limited, to those pertaining to conflict of interest, which in any manner affect those employed by the vendor or in any way affect the performance of the requested services.

The City’s standard professional services agreement is attached, including insurance requirements. As part of your proposal, please indicate whether the standard agreement is acceptable or whether you would like to propose modifications to the standard agreement.

VIII. SUBMITTAL REQUIREMENTS
Proposals will be received through 11:00 A.M. on Wednesday, June 11, 2025.

All bids must be Electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website at
http://www.montebelloca.gov/departments/finance/requset_for_proposal bids.

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Appendix “A” Reference Sheet
RFQ 25-06 Supply and Delivery of Asphalt Repair Materials Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
Appendix “B”

CITY OF MONTEBELLO
PROFESSIONAL ON-CALL SERVICES AGREEMENT NO.

WITH
THIS PROFESSIONAL ON-CALL SERVICES AGREEMENT (“Agreement”) is made and entered on , 2025 (“Effective Date”), by the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and , a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide on-call services in the
CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1.INCORPORATION OF RECITALS AND OTHER CONTRACT

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

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

3. Proposal referenced and Best Final Offer received by the successful proposer.

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

SECTION 2. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the Proposal for labor and materials to provide emergency response services (“Proposal”), as such is set forth fully in Exhibit A hereto, are hereby incorporated fully herein by this reference and

2. RFQ No.

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shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

B. The CONSULTANT shall provide to the CITY all labor, equipment,

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SECTION 3. TERM.

This Agreement shall commence upon issuance of the Notice to Proceed by the CITY, and shall expire on , unless extended or terminated earlier as hereinafter provided.

Said documents shall be made available for inspection by the CITY upon request.

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confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

SECTION 7. CITY SUPERVISION.

SECTION 8. TERMINATION.

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

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties

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SECTION 13. LEGAL RESPONSIBILITIES.

SECTION 14. INDEMNIFICATION.

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of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. •Professional Liability insurance appropriate to the CONSULTANT’S

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policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

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SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

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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

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SECTION 19. ATTORNEY’S FEES AND COSTS.

SECTION 20. WARRANTIES.

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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

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SECTION 22. NOTICE.

SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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action to ensure that subcontractor 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.

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PROFESSIONAL SERVICES AGREEMENT NO. XXXX
SECTION 23. CONFLICT OF INTEREST.

SECTION 24. ENTIRE AGREEMENT.

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

CITY OF MONTEBELLO CONSULTANT NAME
Raul Alvarez, City Manager Full Name, Title
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

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

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EXHIBIT “B”
Schedule of Compensation

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The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

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ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-10

FOR CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize issuing a Request for Proposals (RFP) No. 25-10 for citywide HVAC maintenance and repair services; and

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

FISCAL IMPACT:

There are no significant expenses associated with approving and circulating the Request for Proposals (RFP). The City Council is not obligated to approve a contract by soliciting proposals. Actual project costs will be determined through the evaluation of submitted proposals and will be brought back to the City Council for approval prior to award of any agreement. The selected contractor will be compensated from budgeted Public Works funds for maintenance and operations included in the Fiscal Year 2025-26 budget.

BACKGROUND/DISCUSSION:

The City of Montebello owns and operates HVAC systems in more than a dozen municipal facilities, including City Hall, the Police Department, fire stations, community centers, and critical information technology and communications infrastructure. Many of these HVAC systems are outdated, with several exceeding 20 years of use. Aging equipment has contributed to increased service disruptions, higher repair costs, and reduced energy efficiency—ultimately impacting staff productivity and public-facing services.

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CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025

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The purpose of RFP No. 25-10 (Attachment A) is to solicit proposals from qualified vendors to provide full-service HVAC maintenance and repair throughout City facilities.

HVAC services are vital to City functions because they ensure clean, safe, and climate- controlled environments for both employees and the public. Reliable heating, ventilation, and air conditioning are essential for public health and safety, and for the protection of sensitive equipment such as servers and communications infrastructure.

A formal RFP is required to solicit competitive responses for this specialized service. The RFP is structured to emphasize quality and consistency by requiring a minimum level of staffing, management oversight, and material standards to help ensure accurate pricing and thorough service delivery. By securing a qualified vendor under a structured agreement, the City can proactively manage HVAC performance, minimize downtime, extend equipment life, and support broader sustainability and operational goals.

RFP No. 25-10 (Attachment A) will be published via PlanetBids and other regularly used publications to solicit competitive proposals. A mandatory pre-bid meeting is scheduled to ensure vendors understand the scope and facility-specific requirements. Staff will return to City Council with a recommendation to award an agreement following the evaluation process. Below is the timeline of the RFP process:

RFP ISSUED May 15, 2025
REQUEST FOR INFORMATION DEADLINE: 11:00 AM June 3, 2025 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 11:00 AM June 11, 2025 TENTATIVE CITY COUNCIL AWARD DATE June 25, 2025

TENTATIVE NOTICE TO PROCEED START DATE -

COMMENCE SERVICES
July 1, 2025

The RFP shall describe the service requested and provide the tasks required by the qualified vendor to submit a proposal. The time and location to submit proposals shall be placed within the RFP. Once proposals are submitted, reviewed and scored, staff will come back to the City Council with a recommendation to award.

ENVIRONMENTAL:

N/A

ANALYSIS:

RFP No. 25-10 has been prepared in accordance with the City’s procurement policies and is modeled after the successful format used in recent agreements, such as the RFP process with Johnson Controls, Inc. The scope of work includes quarterly HVAC tune- ups, emergency response, equipment diagnostics, and annual servicing of ice machines.

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CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025

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The RFP also includes specific performance expectations, labor qualifications, licensing requirements, and Federal and local compliance obligations. A mandatory pre-bid meeting is scheduled to ensure vendors fully understand the scope and operational environment.

Following the submittal deadline, proposals will be evaluated based on qualifications, experience, responsiveness, and proposed cost. Staff will return to the City Council with a recommendation to award a professional services agreement based on the most advantageous proposal.

SUMMARY:

Staff recommends that the City Council authorize the issuance of RFP No. 25-10 for citywide HVAC maintenance and repair services. This will allow the department to solicit bids and return to a future City Council meeting with a proposed professional services agreement, including a detailed fiscal impact analysis, for approval.

ATTACHMENT(S)

1. Attachment A - RFP 25-10 Citywide HVAC Maintenance and Repairs

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ATTACHMENT A

CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 10
Citywide HVAC Maintenance and Repair Services
Release Date: Thursday, May 15, 2025
Pre-Bid Meeting: Wednesday, May 28, 2025, at 9:00 a.m. PDT

Questions Due: Tuesday, June 03, 2025, at 11:00 a.m. PDT Due Date: Wednesday, June 11, 2025, at 11:00 PDT

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2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
May 15, 2025

PROJECT
Citywide HVAC Maintenance and Repairs

PROPOSAL OWNER
City of Montebello – Public Works Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Public Works Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, June 03, 2025, at 11:00 a.m. PST. Prospective consultants must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

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4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Consultant Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – References

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5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from highly qualified contractors to provide monthly, quarterly, or semi-annual maintenance and repair services for the various HVAC units located throughout the City. The selected Contractor will be responsible for furnishing all necessary labor, supervision, equipment, tools, materials, methods, safety measures, traffic control, and valid licensing required to perform the work efficiently and in compliance with applicable regulations.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective consultants must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, June 03, 2025, at 11:00 a.m. PST. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Wednesday, June 11, 2025, at 11:00 a.m. PST.

Responses will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

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6 2.0 Introduction
The City of Montebello invites prospective Contractors to submit a proposal to provide monthly, quarterly, or semi-annual maintenance and repair services for the various HVAC units located throughout City facilities. The Contractor shall be knowledgeable and well versed on the necessities and requirements for HVAC maintenance and repair.

The Contractor shall also possess valid HVAC licensing requirements as outlined in this RFP.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located approximately 11 miles east of Downtown Los Angeles.

Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
•Release RFP Thursday, May 15, 2025
•Online Q&A Deadline Tuesday, June 03, 2025,11 a.m. PST •Deadline to Submit Responses Wednesday, June 11, at 11 a.m. PST •City Review of Submissions June 2025
•Notifications Sent to Consultants June 2025
•Award June 2025

4.0 Purpose
The purpose of this solicitation is to identify a highly qualified Consultant to assist the City with the knowledge and expertise in all aspects of the services requested in this RFP. This project will provide the City with a qualified and experienced contractor fit to provide maintenance, repair, and services as needed to the various HVAC units located throughout City facilities.

5.0 Scope of Work/Services
A. General Specifications
•Contractors will provide monthly, quarterly, or semi-annual maintenance and repair services for various HVAC units located throughout the City.

The selected Contractor will be responsible for furnishing all necessary labor, supervision, equipment, tools, materials, methods, safety measures,

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7 traffic control, and valid licensing required to perform the work efficiently and in compliance with applicable regulations
•Contractors will follow the list of HVAC units to conduct maintenance and repair services as needed or required
INSPECTOR: The Deputy Director of Public Works or a designee will be the Inspector. This person will be in charge of inspecting and administering this contract.

FACILITIES:

NAME LOCATION
City Hall 1600 W. Beverly Blvd.

Police Station 1600 W. Beverly Blvd.

Sr. Citizens Center 115 South Taylor Ave.

Holifield Park Library and Community
Center
1060 South Greenwood Ave.

Cathy Hensel Youth Center 236 George Hensel Drive
Reggie Rodriguez Park Community
Center
200 W. Mines Ave.

Fire Station 55 600 N. Montebello Blvd.

Fire Station 56 1166 S. Greenwood Ave.

Fire Station 57 2950 W. Via Acosta Ave.

Acuna Park Community Center 1700 W. Victoria Ave.

Bella Verde Resort & Golf Club 88 Topgolf Drive
Quiet Cannon 77 Belle Verde Drive
Golf Course Maintenance 900 Belle Verde Drive
Potrero Heights Park Comm. Center 8051 Arroyo Dr.

Communication Sites
1343 N. Montebello Blvd., Montebello
77 Bella Verde Dr., Montebello
1166 S. Greenwood Ave., Montebello
12643 Carinthia Dr., Whittier, CA 90601
1395 S. Orange Ave., Monterey Park, CA 91755
2800Soto St. Vernon, CA 90058

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8 B. Required Licenses and Certifications
A.Contractor shall possess a current/valid State of California C-20 HVAC license and all work should be consistent with C-20 licensing requirements
B.As applicable, the Contractor shall perform all work pursuant to the most current HVAC industry standards, adopted building/mechanical codes and all municipal ordinances
C.In some instances, the Contractor may be required to comply with applicable standards per the Standard Specifications for Public Works Construction (Green Book).

C. Work Requirements
A.Work will be performed between the hours of 7:00 AM and 5:00 PM, Monday through Thursday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Deputy Director of Public Works, or authorized representative, prior to commencing any work in all cases.

B.Contractor shall maintain an adequate crew of employees to perform the service required.

C.Contractor will be required to supply a list of equipment owned and available for work.

D.Unit prices quoted shall include all required safety equipment owned and available for work.

E.Unit prices for after hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

F.Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor.

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9 G.All employees of Contractor shall wear a uniform or shirt that clearly identifies the company.

H.Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job, if requested.

I.Contractor agrees to require his/her employee to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and department towards the public.

Should, for any reason, an employee be unsatisfactory in the opinion of the Deputy Director or authorized representative, the Contractor, when notified in writing, shall cause the employee to be removed from the project or job and replaced by an employee satisfactory to the Director or authorized representative.

J.Contractor shall provide, for all projects, a supervisor/foreman with a minimum of five (5) years of experience related to the HVAC industry.

The supervisor/foreman shall remain on-site during the entire job.

K.Contractor shall possess a valid/current Contractor’s license.

Contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City.

L.Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work.

M.Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition.

N.Contractor is required to supply storage for equipment and materials that are used in the City. Equipment and material shall not be stored in the public right of way or any other City property without written authorization from the Director or authorized representative.

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10 O.Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees performing the work under the contract. As may be necessary or required by the City, the field supervisor or their representative shall check with the Director or authorized representative as to (1) schedule of work; (2) complaints; and (3) adequacy of performance. Contractor shall submit such reports as the City may require, ensuring compliance with schedule work.

P.The Contactor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least (2) qualified persons who can be called for emergency condition at any time that Contractor’s representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the primary number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition or job related complaint which threatens to cause damage to any City property or compromise the public’s safety.

Q.Contractor is required to provide the City with a 24-hour emergency number for contract outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.

R.Contractor shall provide the City with one (1) copy of an “Emergency Medical Facility Designation and Procedure Sheet” before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event to injury to any of the Contractor’s employees. It will be the responsibility of the Contractor’s supervisor /lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility.

S.The Contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Contractor’s work related operations.

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11 T.The Contractor must remain within the maintenance areas to the best of their ability. Contractor shall further protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of work, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense.

U.Contractor shall, where applicable, comply with all City regulations regarding National Pollutant Discharge Elimination System (NPDES) Requirements and the City’s Best Management Practices (BMP’s).

Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP’s as may be necessary.

V.Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contracting the responsible agency at least 24 hours prior to commencing any work. The Contractor’s attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours’ notice.

Such request should be requested through USA @ 811 or 800-227- 2600.

Quarterly Preventative Maintenance Services
a.Pre-Winter Start-up of all HVAC systems/units (e.g. boilers, furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter servicing in September.
b.Pre-Summer start-up of all HVAC systems/units (e.g. A/C and heat pumps) and shall be done to coincide with the quarterly tune-up and belt/filter servicing in March.

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12 c.Quarterly tune-up and belt/filter/servicing of all HVAC systems/units shall be done in December, March, June and September. Quarterly tune up shall include the inspection and cleaning of any condensation drains, brushing of coils, oiling of motors as needed, lubrication of bearings and damper bushings, verify proper thermostat operation, check contactor condition, check for signs of leaks, check crankcase heaters, checking refrigerant volume and pressures, checking performance of heating and cooling cycles, checking electrical connections, and taking voltage/amperage readings. Belt/filter servicing shall include replacing defective belts with new ones.

Quarterly replacement with new Merv-13 filters for all Package Units/RTU/Split Systems and AHU’s. For boilers: check operation, verify proper flame, verify air cushion in expansion tanks. For water pumps: inspect for vibration or sound abnormalities, check for seal or grease leakage and bearing housing temperature. For Exhaust fans:
check for proper belt tension and adjust as needed and inspect for vibration or sound abnormalities.
d.Bi-annual washing of all HVAC systems/units (e.g. coils, etc.) shall be done during the scheduled March and September quarterly tune up and belt/filter/servicing. Only non-toxic environmentally safe and HVAC manufacturer approved solvents or solutions shall be used for washing. NOTE: Depending on location and volume and at the Director’s or authorized representative’s request, wash fluids may need to be captured such that fluid(s) do not enter a storm drain, cause erosion or present a hindrance to the public or others. Regardless, all fluids shall be cleaned up and site restored to better the existing condition.
e.With regards to regularly scheduled work, the Contractor shall continuously monitor the overall performance of all systems/units/ equipment and provide the Director or authorized representative with written recommendations for any enhancements or recommended changes.

Ice Makers – Annual Service
a.Remove the front panel, wait for cycle completion if making ice, and turn off the machine. Remove/melt all ice in the storage bin. Add a proper amount of nickel-safe ice machine cleaner. Start the cleaning cycle, then purge out the cleaning solution. Inspect the evaporator and clean as necessary. Clean the water trough to remove scale or any

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13 slime buildup. Put the unit back in the wash cycle and add sanitizing solution. Purge out a sanitizing solution and restart the unit in ice- making mode. Dispose of the first couple of ice harvest cycles and check ice bridge thickness, adjust as necessary. Clean the condenser and check for leaks.

Special Notes and Circumstances
Communication sites house secure communication facilities. These sites require background checks for any technician who will work at these sites and/or the Police Department. Communication site work requires coordination with the Inspector, Deputy Director or other contact as advised.

Access to Fire Stations is subject to rescheduling or interruption due to emergency calls. The City can not be charged for these instances and the Contractor should reschedule with the Inspector and/or Fire Personnel.

As-Needed Maintenance and Repair Work
For work other than regularly scheduled maintenance and repair services, the Deputy Director or authorized representative will place all requests directly to the Contractor, by written work order or electronic email. The Deputy Director or authorized representative reserves the right to request from the Contractor a written cost estimate before authorizing the work. The Contractor shall respond with a cost estimate within 24 hours, excluding weekends and holidays.

D. Labor Requirements
A. BACKGROUND: All personnel engaged in the performance of this work shall be employees of the Contractor, and as such shall be warranted to possess sufficient experience and reliability to perform this work.

B. HEALTH: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Contractor allow the use of, or presence of, alcohol or drugs on the premises or in the building.

C. IDENTIFICATION: All personnel shall wear uniforms, furnished by the Contractor, at all times during performance of this work. The Contractor and/or its area supervisor may wear badges in lieu of uniforms. The appearance of the uniforms and the manner, in which they are worn, shall be approved by the Inspector. If it is found that personnel are not wearing uniforms, a $50.00 charge will be issued for each person not in uniform.

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14 D. SUPERVISION: Contractor shall provide a supervisor or foreman who shall be present at all times during contract operations, and who shall be responsible for both conduct and workmanship. The said supervisor or foreman shall be able to communicate effectively in both written and oral English .

E. TRAINING: Contractor shall have an ongoing training program for all its staff. Contractor shall provide only personnel that have been fully trained for performance of this work.
**Supervisors shall have been trained in supervision as well as technical training in HVAC services.

F. NON-DISCRIMINATION: The Contractor shall not engage in discrimination in employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex or religion of such persons.

Violations of this provision may result in the imposition of penalties under Section 1735 of the Labor Code.

G. CONDUCT: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

H. RECORDS:
i. Contractor shall maintain an accurate record showing names of employees, classification, actual hours worked, wages paid and benefits paid to each employee.
ii. This record shall be subject to the inspection of the Inspector and the State Division of Labor Law Enforcement in accordance with the provisions of Section 1776 of the State Labor Code.
iii. The Contractor agrees to permit City Manager/Contract Inspector access during normal working hours to all books, accounts, records,

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15 reports, files and other papers or property of the Contractor for the purpose of auditing any aspect of performance under this contract.

I. PROTECTION AND RESTORATION: The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects.

J. EQUPMENT TOOLS AND SUPPLIES: All equipment, tools, and supplies necessary to perform the required work shall be furnished by the Contractor at their sole expense.

All keys or access cards given to the Contractor by the Inspector shall be surrendered to same at the termination of this contract and no duplication of the keys shall be made.

All vehicles utilized under the scope of this contract shall meet all requirements of the California Vehicle Code.

On all vehicles utilized under scope of this contract, the Contractor shall have placards, emblems, signs, etc., attached to driver and passenger doors, which include but are not limited to the following:
Company Name
K. SUBCONTRACTS: Contractor shall be responsible for all work performed under this contract and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the direct supervision of the Contractor and shall be considered as his employees.

L. CANCELLATION: This contract may be canceled without cause and at any time by City. To cancel the contract pursuant to this provision, City shall provide written notice to Contractor of the cancellation, and the written notice shall be provided thirty (30) days in advance of the cancellation date.

Any such cancellation shall be without penalty to City. In the event of such cancellation, the Contractor shall be paid the actual amount due for work it

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16 performed up through the date of cancellation less any damages it caused to City facilities.

The Contractor may cancel this contract without cause and at any time by the Contractor providing written notice to City of the cancellation ninety (90) days in advance of the cancellation date.

M. CHANGES: Changes in the areas serviced and/or specifications may be necessary during the term of this contract. Changes in the contract requirements and corresponding changes in compensation may be implemented upon mutual agreement between the City and the Contractor.

These changes will be processed through the City Manager.

N. P A Y M E N T S : The contract annual total amounts for HVAC services shall include full compensation for providing all labor, material, equipment and incidentals required for the HVAC services as specified in these specifications and no additional compensation will be allowed.

O. INVOICES: The Contractor shall submit a monthly invoice in duplicate to the Inspector at the following address: 1600 W. Beverly Blvd., Montebello, CA 90640. Invoice shall be submitted on standard company forms and shall state:

1.Invoice period

2.A brief description of work

3.Total amount requested

4.Contractor’s Tax Identification Number

5.Location where services were provided
Payment will be made on approval by the Contract Supervisor subject to the routine processing requirements of the City.

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17 P. RESTRICTIONS:
i. GENERAL: Contractor’s personnel shall not disturb papers on desks, open drawers of cabinets, use radios, television sets, coffee pots, stoves or refrigerators nor shall they tamper with any personal or public property.
ii. TELEPHONE: City Telephones shall not be used by the Contractor or his employee for personal or business reasons with the following exceptions:

1.Report immediately any signs of vandalism or anything of suspicious of nature to Montebello Police Department Dispatch Number (323) 887-1313. These instances must also be
reported to the Inspector.

2.Use the 911 number to report any need of medical, aid, fire, or need of law enforcement.

Any calls to numbers other than the above numbers on a city telephone will be considered a violation of the contract and grounds for cancellation.

Background Check
Consultant representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Consultants planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

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18 8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A.Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B.Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project - 65% a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
f. Interview, if required
ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 20%
The City reserves the right to request and obtain, from one or more proposers, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those consultants for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing or by email no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be

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19 followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640

E-mail:
[email protected]

B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
•The items to be procured are urgently required;
•Delivery or performance will be unduly delayed by failure to make the award promptly; or
•Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing within ten (10) working days after receipt of a properly

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20 filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal deadline must be filed within three (3) working days after the proposal deadline/due date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.

10.0 Execution of Agreement
The resulting agreement (see attached sample) shall be signed by the successful Vendor and returned within the required insurance within ten (10) business days after the City has provided written notice that the Vendor has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

Should the successful Vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

11.0 Insurance
The Consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:

A.Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

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21 B.Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the Consultant has not owned autos, Code 8 (hired) and 9 (non-owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.

C.Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the Consultant to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D.Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation

Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

Endorsements (if requested)
In addition to the Certificate of Insurance, the Consultant must provide the following endorsements:

Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the Consultant’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage

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22 or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self- insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Consultants may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

12.0 Use of Federal Funds
The project is funded through a Sustainable Communities Grants from Caltrans which requires compliance with certain federal regulations. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:

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23 •Transactions shall be conducted lawfully and ethically •Unnecessary/duplicative purchases are not permitted
•Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
•All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
•Procurement transactions must be conducted in a manner providing full and open competition
•Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible •Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
•Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

13.0 Non-Commitment of City
While the City intends to select a Consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

14.0 Labor Requirements
A.Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B.Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.

C.Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

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24 D.Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

15.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.

16.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, Consultant, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.

B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

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25 19.0 Ex-Parte Communications
Consultant and Consultant representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit Consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

B. 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;

C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

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26 Please review:

Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – References

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ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4175 WITH

YUNEX LLC TO INCREASE THE NOT-TO-EXCEED AMOUNT IN YEAR
2 OF THE AGREEMENT BY $90,000

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4175 between the City of Montebello and Yunex LLC to increase the not-to-exceed amount of Year 2 of the Agreement by $90,000; and,

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $90,000 in Account No. 200-99-6040.50 (Gas Tax, Non-Departmental, Contract Services Street Maintenance); and,

3. Authorize the City Manager to execute the Amendment on behalf of the City; and,

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

FISCAL IMPACT:

The Public Works Department contracts with Yunex LLC for critical traffic signal repair and maintenance services throughout the City. The recommended actions increase the not-to-exceed (NTE) amount for Year 2 of the agreement with Yunex LLC (Agreement No. 4175) from $280,000 to $370,000. The increase of $90,000 is necessary to cover the unanticipated cost of repairing and replacing traffic signal equipment damaged primarily by uninsured and reckless drivers during the current fiscal year. The recommended action also requires amending the Fiscal Year 2024-25 budget by increasing appropriations by $90,000 in Account No. 200-99-6040.50 (Gas Tax, Non-Departmental, Contract Services Street Maintenance).

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CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025

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BACKGROUND/DISCUSSION:

On January 24, 2024, the City entered into Agreement No. 4175 with Yunex LLC for traffic signal maintenance services, following a competitive selection process. The contract was structured as a three-year agreement with two optional one-year extensions, and a not-to-exceed amount of $280,000 annually.

Unfortunately, during the current fiscal year (Year 2 of the agreement), the City has experienced an unusually high number of traffic signal and controller cabinet damages due to vehicular collisions involving uninsured and reckless drivers. These incidents have resulted in a sharp rise in the cost of materials, equipment replacement, and emergency response services—exceeding the planned scope and not-to-exceed amount of the original agreement.

To address the immediate needs and continue ensuring the safety and functionality of traffic infrastructure, Staff has prepared Amendment No. 1 to the Agreement, which increases the Year 2 not-to-exceed amount to $370,000. Importantly, this increase is limited to Year 2 and does not alter the budget for future years.

The City of Montebello contracts with Yunex LLC to provide professional services for the maintenance, repair, and emergency response of traffic signal infrastructure. The City's network of signalized intersections plays a vital role in ensuring public safety, efficient traffic circulation, and reliable transportation operations.

Traffic signals are subject to damage from power outages, vehicular collisions, aging equipment, and other unforeseen events. In recent months, Montebello has experienced a number of emergency repair incidents requiring immediate action to restore normal operations at intersections. Each repair effort not only safeguards motorists and pedestrians but also minimizes disruption to the city’s transportation system.

Given the unpredictable and reactive nature of signal maintenance, estimating future repair costs is challenging. For this reason, the Public Works Department is requesting an increase to the current purchase order with Yunex LLC to ensure continued responsiveness and service coverage. Yunex has consistently provided timely and professional service, demonstrating technical expertise and reliability in supporting the City’s critical traffic systems.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends approval of Amendment No. 1 to Agreement No. 4175 with Yunex

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LLC, increasing the Year 2 not-to-exceed amount from $280,000 to $370,000 (by $90,000); and amend the Fiscal Year 2024-25 budget by increasing appropriations by $90,000 in Account No. 200-99-6040.50 (Gas Tax, Non-Departmental, Contract Services Street Maintenance).

ATTACHMENT(S)

1. Attachment A - Amendment No 1 to Agr 4175

2. Attachment B - Agr No. 4175 - Yunex LLC

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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4175

WITH YUNEX LLC
This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 14th day of May 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Yunex LLC, (hereinafter referred to as the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Contractor and the City entered into that certain Agreement No. 4175 for Traffic Signal Maintenance Services by and between the City of Montebello and Yunex LLC, dated January 24, 2024 ("Agreement"), pursuant to which City retained Contractor to provide Traffic Signal Maintenance Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Contractor based on their qualification, subsequent to a competitive selection process. However, the services needed, including costs and expenses, exceeded the anticipated scope of the Agreement, and City and Contractor desire to increase the maximum compensation allowable under the Agreement; and
WHEREAS, The Agreement at Section 1. SERVICES/COMPENSATION, provides the current maximum annual compensation is $280,000 and Contractor may not exceed the maximum annual compensation without the prior written consent of the City; and
WHEREAS, The Agreement at Section 6. EXTRA SERVICES, any extra services over and above the compensation need to be duly authorized in writing by the City Manager; and
WHEREAS, the City desires to increase the not-to-exceed amount of the second year of the contract
WHEREAS, for the reasons set forth herein, the City and Contractor desire to enter into this Amendment No. 1, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

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AMENDMENT NO. 1 TO AGREEMENT NO. 4175

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AMENDMENTS TO AGREEMENT NO. 4175
SECTION 1. “Services/Compensation.” The city agrees to increase the annual amount not-to-exceed amount of the second year of the agreement from $280,000 to $370,000 for the Professional Services set in the agreement.

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. [END OF AMENDMENT NO. 1]
IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO YUNEX LLC
Raul Alvarez, City Manager Joshuas Ferras, Project Manager ATTEST:

Christopher Jimenez, City Clerk Michael Hutchens, Western Operations Manager
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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ATTACHMENT B

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ITEM # 24

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2025

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer's Report for the quarter ending March 31, 2025 (Third Quarter of Fiscal Year 2024-25); and,

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

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of March 31, 2025 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing ending balances for March 2022, 2023, 2024 and 2025. The “General” account combines Bank of Montreal (BMO), Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

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As of March 31, 2025, total available cash was $82.638 million -- $36.976 million less than March 2024. The City’s overall cash position has improved over the years and remains at elevated and healthy levels. For example, the June balance for the past nine years is shown below:

Comparing June ending balances from prior years, in 2016 overall cash was $48.156 million, versus $105.912 million as of June, 2024 – a $57.756 million improvement in the City’s available cash position (LAIF, BMO, etc.), or put another way a 220% increase.

The continuing strength of the City’s cash position is due to several reasons. A primary factor is proceeds from Measure H, the City’s ¾ cent transaction and use tax – which began flowing to the City in Fiscal Year 2020-21. Property tax receipts are also up, as overall assessed values in the City continue to grow and new developments like Metro Heights produce property tax revenue. The City also received new or one-time funding from the Federal government for Transit operations (Montebello Bus Lines) and has applied for and received new grants for various purposes over the last five years. In addition, the sale of the City’s water system (February, 2023) and Transit property in Pico Rivera (February, 2023) added to the overall cash position during calendar year 2023 with one-time infusions of cash.

It should also be noted that monthly cash balances fluctuate, as monthly expenses vary considerably from month to month, especially when comparing prior years. The chart below shows third quarter 2024 vs. third quarter 2025 (January - March). The monthly variances within each quarter can be significant:

The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project. In addition, the City’s various debt service payments typically hit the books in November/December and May/June, causing

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a draw on available cash greater than other “typical” months of the fiscal year. The recent completion of the golf course renovation and clubhouse construction projects required cash outlays to pay for construction related expenses – hence the draw on cash when comparing similar periods from 2024 vs. 2025.

Despite these natural fluctuations in cash flow – ongoing and regular such as debt service payments or one-time such as the golf course capital expenditures – one can see by the tables above that the City’s overall cash position has grown steadily over the past several years and remains at an elevated level that provides financial security. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The General Fund has averaged $164,200 in annual investment income between FY 2015-16 and FY 2023-24. Combined with the large increase in total available cash, the General Fund realized $700,800 in revenue from its investments in FY 2023-24, with projected revenue for FY 2024-25 at $500,000. (The lower projected amount is predicated on interest rates falling combined with a lower total cash balance versus prior fiscal years.)

The effective rate of return on the City’s investment portfolio as of March 31, 2025 was

1.21%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. The chart below shows a comparison between Treasury yields – based on length of the note, from May, 2024, and January and April 2025:

BACKGROUND/DISCUSSION:

State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting

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of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.

The City of Montebello holds idle cash in various depositories:

• Bank of Montreal (BMO) checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
• Local Agency Investment Fund (LAIF) – State Treasurer investment pool • Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)

The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.

Cash flow varies throughout the fiscal year, based on timing of the receipt of revenue.

The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, periodic reimbursement of grant expenses, etc.

Therefore, the City maintains a reasonable balance in its BMO checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account. Finally, investment in Certificates of Deposit through a clearinghouse service (i.e., Multi-Bank Securities) provides additional yield with funds not needed for immediate liquidity deposited accordingly (approximately $248,000).

The table below provides an overview of the City’s major liquid cash accounts: BMO checking and the two separate LAIF accounts, from June 2020 through March 2025 (quarter ending values). The average quarterly balance for the City’s checking account since June 2020 is $10.279 million, more than sufficient to meet regular expenses.

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The City’s Investment Policy was most recently reviewed and approved by the City Council on June 12, 2024. Prior to that, the policy was reviewed, approved and updated on: June 14, 2023, June 8, 2022, June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis.

In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 100 plus year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

ENVIRONMENTAL:

N/A

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ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending March 31, 2025.

ATTACHMENT(S)

1. ATTACHMENT A - CASH SUMMARY - March 2025

2. ATTACHMENT B

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ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 3/31/25
1 XXXX-XX770 Housing Successor Agency of the City of Montebello $1,150,512.27 2 XXXX-XX093 Successor Agency of the City of Montebello $1,438,613.68 3 XXXX-71041 City of Montebello $50,000.00
4 XXXX-00184 City of Montebello - FSA $19,908.90
5 XXXX-XX331 General $3,665,450.38
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Police Retiree Health Account $752,880.19
8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree Health Account $251,788.42
$7,335,217.83

STATE OF CALIFORNIA
Account Number Account Name 3/31/25
1 XX-XX-551 General $71,843,579.70
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $3,198,002.21 $75,041,581.91

FIRST MERCANTILE TRUST
Account Number Account Name 3/31/25
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 3/31/25
CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$248,000.00
Total General Cash/Investments $75,807,030.08
Total SA Cash/Investments $4,636,615.89
Total HSA Cash/Investments $1,150,512.27
Total T&A Cash/Investments $1,030,641.50
Total Trustee Cash $13,564.46
Total Cash/Investments $82,638,364.20

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF MARCH 31, 2025

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ITEM # 25

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: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4040 WITH

UNIVERSAL PROTECTION SERVICES, LP TO PROVIDE UNARMED

TRANSIT SECURITY GUARD SERVICES

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4040 with Universal Protection Service, LP dba Allied Universal Security Services, for an additional two-year (2- year) term through June 30, 2027, increasing the not-to-exceed amount by nine hundred twenty-four thousand, three hundred sixty-four dollars ($924,364) to provide Unarmed Transit Security Guard Services; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City of Montebello; and

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

FISCAL IMPACT:

The total cost for two years of unarmed transit security services is $924,364. This amount will be distributed across two fiscal years as follows: Fiscal Year 2025-26 – $453,307 and FY 2026-27 – $471,057. Funding for this amendment will be included in the Transportation Department’s proposed operating budget for both FY 2025-26 and FY 2026-27, Account No. 600-90-910-6040.10 (Contract Services – Other Professional Services).

BACKGROUND/DISCUSSION:

On June 23, 2022, the City issued a Request for Proposals (RFP) No. 22-7 seeking

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qualified vendors to provide unarmed, fixed post and mobile security guard services for Montebello Bus Lines (MBL). The intent of the RFP was to enhance safety and security for transit riders, staff, and property, while ensuring a professional and visible security presence across key locations in the transit system. Seven proposals were received from experienced vendors across the region. A five-member Evaluation Committee, composed of staff from the Police and Transportation Departments, evaluated the proposals based on a weighted criteria matrix, which included project management, team qualifications, experience, technical approach, and cost.

On November 16, 2022, the City Council awarded Agreement No. 4040 to Allied Universal for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms (Attachment A). Under the terms of the agreement, Allied Universal is responsible for providing routine security patrols, site inspections, and the prompt reporting of any safety or security concerns identified within MBLs public transit system. The objective of this agreement was to enhance the safety and security of fixed transit routes, transit facility and bus stop assets, and provide peace of mind to both City staff and the public. The agreement is currently set to expire on November 16, 2025. However, the payment schedule was not aligned with the original compensation term and is currently set to end on June 30, 2025.

Given the City’s satisfaction with the quality of services provided by Allied Universal, staff recommend continuing the partnership through a full two-year extension option outlined in the original agreement. Furthermore, to ensure consistency and maintain a streamlined administrative process, staff recommend that the City Council consider approving Amendment No.1 to formally extend the contract term and align the payment schedule accordingly through June 30, 2027 (Attachment B). This amendment will help avoid any discrepancies between the contract duration and the payment timeline.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend that the City Council consider approving Amendment No. 1 to Agreement No. 4040 with Allied Universal, extending the agreement for an additional 2- year term through June 30, 2027, increasing the total not-to-exceed amount by $924,364 for the period through June 30, 2027, to continue providing unarmed Transit Security Guard Services for MBL; authorize the City Manager and/or his designee to execute Amendment No. 1 on the City’s behalf; and take such additional, related, action that may be desirable.

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ATTACHMENT(S)

1. Attachment A – Agreement No. 4040 with Allied Universal

2. Attachment B – Proposed Amendment No. 1 to Agreement No. 4040

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ATTACHMENT A

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CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4040
WITH UNIVERSAL PROTECTION SERVICE, LP dba ALLIED UNIVERSAL

SECURITY SERVICES
This Amendment No. 1 to PROFESSIONAL SERVICES AGREEMENT No. 4040 (“Amendment No. 1”) is made and entered into as of the 14th day of May 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and UNIVERSAL PROTECTION SERVICE, LP dba ALLIED UNIVERSAL SECURITY SERVICES (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY and CONTRACTOR are Parties to that certain Agreement No. 4040 to provide unarmed, fixed post and mobile security guard services for the CITY’s Transportation Department with an “Effective Date” of November 16, 2022 (“Agreement”), pursuant to which CITY contracted with CONTRACTOR to provide services as defined in the Agreement; and
WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement to extend services for an additional two (2) year term on the conditions set forth in the Agreement and as provided herein; and
WHEREAS, due to the anticipation extension of the term , an amendment to the compensation schedule is required
NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

ATTACHMENT B

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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 4040

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AMENDMENT

SECTION 1: RECITALS. The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of Agreement from July 1, 2025, to June 30, 2027; unless such time is further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional one (2) year follows:

“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 1 shall not exceed the to not exceed amount of Three million, six hundred thirty -three thousand, six hundred two dollars ($3,633,602). Such sum shall include all amounts payable to CONTRACTOR for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement.

CITY shall pay CONTRACTOR upon thirty (30) days of receipt of invoice and full acceptance of p roduct and services by the CITY. Said compensation of the Amendment No. 1 shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Agreement; and also include those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risk of any description connected with the work.”

SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 4040 to provide unarmed, fixed post and mobile security guard services for the CITY’s Transportation Department as of the day and year first above written.

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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 4040

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(the “CITY”) (the “CONSULTANT”)

CITY OF MONTEBELLO UNIVERSAL PROTECTION SERVICE, LP

By: By:

Raul Alvarez, City Manager Steve Claton, President

ATTEST:

By:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney

ATTACHMENTS:

Exhibit “A” –Cost Proposal

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FRI SAT SUN MON TUE WED THUR
2 Sec. Prof. xxx xxx 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. xxx xxx 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. xxx xxx 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. 2 Sec. Prof. xxx 1 Sec. Prof. 1 Sec. Prof. xxx xxx xxx xxx
WEEKLY

HOURS BILL RATE HOLIDAY&

OT RATE MONTHLY ANNUALLY WAGE RATE
256 $32.56 $48.84 $36,564.45 $438,773.35 $22.00
256 $36,564.45 $438,773.35

UNIT PRICE QUANTITY MONTHLY ANNUALLY
199.00$ 4 $796.00 $9,552.00
4,980.68$ 1 $415.06 $4,980.68
$1,211.06 $14,532.68

MONTHLY ANNUALLY
$36,564.45 $438,773.35
$1,211.06 $14,532.68
$37,775.50 $453,306.03
WEEKLY

HOURS BILL RATE HOLIDAY&

OT RATE MONTHLY ANNUALLY WAGE RATE
256 $33.86 $50.79 $38,027.02 $456,324.28 $22.88
256 $38,027.02 $456,324.28

UNIT PRICE QUANTITY MONTHLY ANNUALLY
199.00$ 4 $796.00 $9,552.00
5,179.90$ 1 $431.66 $5,179.90
$1,227.66 $14,731.90

MONTHLY ANNUALLY
$38,027.02 $456,324.28
$1,227.66 $14,731.90
$39,254.68 $471,056.18
a) Extra coverage and specials are billed at an agreed upon hourly rate not to be less than the holiday/O.T. rate. b)
c)
President's Day Memorial Day Juneteenth
Labor Day Thanksgiving Day Christmas Day
Client Approval
Name:

Signature:

Title:

Date:

STAFF POSITION
11:00 AM - 7:30 PM

ALLIED UNIVERSAL SECURITY BUDGET PROPOSAL/AMENDMENT
AUS Job #232374 - City of Montebello - Transit Officers 400 S. Taylor Ave.

Montebello, CA 90640
Applicable Period(s): 06/21/25 - 06/20/26 and 06/21/26 - 06/20/27

1. REQUIREMENT: Provide unarmed, uniformed professional Security Professionals who are capable of exercising good judgment, will be highly visible at all times, deter crime, and perform other duties as outlined by the client.

SHIFT
6:00 AM - 2:30 PM
2:00 PM - 10:30 PM
10:00 AM - 6:30 PM

2. LABOR BUDGET: Job #232374 - Transit Supervisors 06/21/25 - 06/20/26

5. LABOR BUDGET: Job #232374 - Transit Supervisors 06/21/26 -06/21/27 Shift Supervisor
Sub Total ( Labor)

3. Direct Bill Items
HELIAUS Devices - Job #232508
Holiday
Total

4. Annualized Costs - 06/21/25-06/20/26
Labor - All Jobs
Direct Bill Items
Total

STAFF POSITION
Shift Supervisor
Sub Total ( Labor)

6. Direct Bill Items
HELIAUS Devices - Job #232508
Independence Day
Holiday
Total

7. Annualized Costs - 06/21/26-06/20/27
Labor - Job #232374
Direct Bill Items
Total
Notes:

Allied Universal may bill any costs incurred as a result of change in federal, state, or local legislation or taxes, including but not limited to FUTA, FUTA billbacks/penalties, sick or other mandated compensable time.

All other terms in the existing agreement between client and provider remain applicable and in force.

5. HOLIDAYS: Allied Universal recognizes the following holidays. Security Professionals working on these days will be New Years Day

ALLIED UNIVERSAL SECURITY SERVICES

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ITEM # 26

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: REJECT ALL PROPOSALS RECEIVED IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. 25-03 FOR CITYWIDE VEHICLE BODY

REPAIR AND PAINTING SERVICES

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council

1. Reject all proposals received in response to Request for Proposals (RFP) No. 25- 03 for citywide vehicle body repair and painting services in accordance with the City of Montebello Municipal Code Section 3.20.080; and

2. Authorize staff to re-issue a Request for Proposals for similar services at a future date if so desired; and,

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

FISCAL IMPACT:

There is no fiscal impact reldated to the recommended actions.

BACKGROUND/DISCUSSION:

On October 9, 2024, the City Council approved releasing RFP No. 25-03 (Attachment A).

On December 5, 2024, the RFP closed with three (3) bids submitted. Each proposal was evaluated based on six (6) distinct categories, and one (1) “bonus points” category for local vendor participation.

During the evaluation process, staff identified a crucial need to expand the scope of work to include transit buses and ensure the efficiency of vital operational functions and the basic delivery of transportation services are not compromised. While the original intent

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of the RFP was to secure a qualified vendor for all citywide vehicle body repair services, the City’s fleet of transit buses were excluded without an established backstop plan to address this required service.

To ensure that the City’s basic delivery of transit services are not compromised, staff recommend the City Council reject all bids received for RFP No. 25-03 in accordance with the City’s Municipal Code, Section 3.20.080. The City will consider a new RFP process at a future date that incorporates these crucial services and aligns with the City’s long-term goals. The recommended action authorizes staff, at a future date, to issue a RFP for similar services.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend that the City Council reject all proposals received in response to RFP No. 25-03; authorize staff to issue a new RFP for similar services at a future date if so desired; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A: RFP No. 25-03

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City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 25-03

VEHICLE BODY REPAIR AND PAINTING SERVICES
October 10, 2024

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

ATTACHMENT A

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

SECTION 2 - GENERAL TERMS AND CONDITIONS

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

SECTION 3 - OTHER REQUIREMENTS 17-18

Licensing and Permit Requirement
Liquidation Damages
Bond Requirements

SECTION 4 - SCOPE OF WORK 19-22

SECTION 5 - QUALIFICATIONS 22

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SECTION 6 - FORM OF CONTRACT 23-33

SECTION 7 - FORMS AND CERTIFICATIONS

Letter of Transmittal 34

EXHIBITS

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

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INTRODUCTION

The City of Montebello (City) is soliciting proposals from highly qualified vendors ( vendors) to provide vehicle body repair and painting services for over 200 City-owned and operated vehicles on an as-needed basis. It is essential to maintain all operated vehicles and equipment in an effort to ensure the city provides reliable and efficient public services to the residents of Montebello and neighboring communities.

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

The City’s intent of this Request for Proposal (RFP) is to solicit a vendor to provide auto body repair and painting services for all City-owned vehicles on an as-needed basis. The Vendor must have a minimum of five (5) years of recent experience performing similar work/services. The city seeks to form a partnership with a vendor committed to delivering exceptional results while adhering to safety and environmental standards. The City reserves the right to increase or decrease the quantity listed and to del ete any item from the contract.

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

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DATE: October 10, 2024
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 25-03
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

VEHICLE BODY REPAIR AND PAINTING SERVICES
The City of Montebello (City) , Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced vendors, licensed in the State of California, to supply and deliver fleet/utility vehicles. The project's scope of work is to supply and deliver
The term of the proposed agreement shall be a three-year (3-year) term, with the option to extend for an additional two (2), one-year (1-year) terms, commencing upon the date of execution between the City and the successful vendor.

A Pre-Proposal Meeting will be held on Tuesday, October 22, 2024. The meeting will convene at 3:00pm Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.

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

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

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

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

Proposals must b e received by 12:00pm Pacific Standard Time , on Thursday, November 14, 2024, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

All proposals must contain an original signature by an authorized officer of the company.

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

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

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

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

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

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

Montebello, CA 90640
Telephone: (323) 558-1625, ext. 1315
Fax Number: (323) 887-4643
E-mail: RideMBL.com

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

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

TIMETABLE & SCHEDULE OF EVENTS (30-90 Days)
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday October 10, 2024
Pre-Proposal Meeting Tuesday October 22, 2024, at 3:00 PM PST Deadline to Submit Questions Tuesday October 29, 2024, at 12:00 PM PST Responses to Questions Provided Tuesday November 5, 2024 Deadline to Submit Proposals Thursday November 14, 2024, at 12:00 PM PST Presentations & Intent to Award December 2024 /January 2025

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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 Subcontractor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 12:00 p.m. on Thursday, November 14, 2024.

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

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

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

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

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

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

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

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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 (3) Proposer is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the proposers’ own risk. A proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a proposer to have read all the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

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

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

All questions, clarifications or comments must be submitted to or no later tha n 12:00 pm, T uesday, October 29, 2024. No questions will be answered individually by the City or Transportation Departments.

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

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

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

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

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

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

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

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

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

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

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

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

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

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

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

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

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

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

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

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

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

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

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

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

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

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

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

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

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

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

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

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

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

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

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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 shal l exist until the City C ouncil or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.

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

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

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

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

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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 the Proposer is a partnership or joint venture, provide such e vidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the proposer is operating under a fictitious name or trade name, provide evidence that the proposer has filed for and/or registered the fictitious name with the county where the proposer’s business is located.

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

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

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

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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 b e rescored along with revised proposals in the same manner as the original proposals.

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

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

20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of auto body repair services.

10 points
3 Qualifications and Experience
Demonstrate experience completing auto body repair services of the same or similar magnitude. Presentation of a catalog of auto body repair services experience and expertise most advantageous to the City.

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

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

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

25 points
TOTAL 25 points

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SECTION 3 - OTHER REQUIREMENTS

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

LIQUIDATION DAMAGES

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

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

BOND REQUIREMENTS

Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 50% of the bid price.

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

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

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

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

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Performance Guarantee

A Performance Guarantee in the amount of 50% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.

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

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

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

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

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

4. The City is identified as the Beneficiary.

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

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

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

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

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

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SECTION 4 – SCOPE OF WORK

PROJECT DESCRIPTION

The Request for Proposal 25-03 (RFP No. 25-03) seeks a Vendor to provide auto body repair and painting services for all City-owned vehicles on an as -needed basis. The Vendor must have a minimum of five (5) years of recent experience performing similar work/services. The work will be performed at the Vendor’s auto body shop unless otherwise agreed to in writing by the city. Compensation will be based on the cost sheet proposed in the Vendor’s bid form (see Exhibit D).

Auto Body Repair and Painting
The Vendor will provide auto body repair and painting services for City-owned and operated vehicles (e.g. conventional, transit, and passenger vehicles) and equipment, including, but not limited to, general auto body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement, painting vehicle bodies, and other repair services.

Bent parts are to be straightened and reinforced or replaced if necessary. If vehicle decals are damaged, the Vendor will obtain new decals from the City and apply new decals to the repaired vehicle. Decal removal and installation will be included in the repair estimate.

All auto body work will receive at least three (3) coats of primer: two (2) during bodywork repair, and a minimum of one (1) during the painting process.

Painting Process Requirements
The painting process will utilize the latest state-of-the-art painting and paint matching systems, mixing tools, and spraying tools and consist of the following in the order listed:

1. Primer

2. Base Coat

3. Clear Coat (either Solvent or Water-Based)
Acceptable Paint Manufacture:

All paints used will be supplied from a qualified and reputable paint manufacturer, including, but not limited to, Diamont, DuPont, Duramix, Kustom Shop, PPG, and Sherwin-Williams. The Vendor will provide the name of the paint manufacturer used in each estimate.

General Auto Body Shop Requirements:

The Vendor will have a complete auto body shop that meets the following minimum requirements:

A. Legally be able and authorized to perform complete auto body repairs, as well as paint vehicles and equipment.

B. Federal, State, and Local licenses and/or certifications are current and in good standing.

C. Maintain a paint booth in legal compliance with all applicable laws and regulations.

D. Maintain a secure storage area for all City-owned vehicles and have a 24/7 centrally monitored alarm system and outdoor security cameras.

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E. Possess a MIG and TIG welder or other electric spot-welding equipment for auto body welding.

Gas welding is not acceptable. The Vendor will ensure that the vehicle computer systems are disconnected from the vehicle prior to any welding operation. The Vendor is to replace, at his/her expense, any onboard vehicle computer damaged by not disconnecting the computer before any welding operations.

F. Be available during normal business hours Monday through Friday, 8:00 AM to 5:00 PM.

Estimate Process Requirements:

The Vendor will provide an estimate for auto body repair and painting on an as-needed basis as requested.

All repairs will be approved by the City in writing prior to work being performed. A notice to proceed will be provided in the form of a purchase order.

Prior to any repair, the Vendor and Vehicle Maintenance Manager will conduct a vehicle inspection to identify and describe the condition of the vehicle and list the detailed description on the estimate. The Vendor will assume full liability and responsibility for all vehicles and contents (including radios and other standard or installed equipment) placed in its custody by the City under the agreement.

A. Year, make, model, and mileage of the vehicle
B. License plate number, VIN number, and City identification number C. In BOLD, state the estimate is in relation to an incident and note the incident report number and date, if applicable
D. Itemized list of description of work to be performed E. Estimated number of labor hours of task
F. Itemized list of parts and paint materials costs
G. All incidentals or miscellaneous shop supplies and charges will be included and priced accordingly
H. Sales tax and total repair estimate
I. Approximate schedule to complete the repairs after receiving a notice to proceed J. If applicable, any recommendations for future repairs K. All estimates will be provided from an applicable industry standard Collision and Estimating Reference Guide used by insurance appraisers. The Vendor will provide the name and version of the guide or software used.

Parts:

All parts used to provide auto body repair will be new Original Equipment Manufacturer (OEM). All incidentals, materials, shop supplies, and charges will be included in the Vendor’s hourly rate. The Vendor will furnish new unused OEM auto body parts, mater ials, and labor as required in accordance with the provisions and specifications contained herein.

Alignment:

The Vendor agrees to perform realignment of all vehicles when needed. This will be a thrust alignment for frame vehicles and four -wheel alignment for unibody vehicles. A printout of the readings after the alignment will be included in each repair order. Th e Vendor will ensure personnel or sub -contractor are qualified to perform alignment work.

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Framework:

The Vendor agrees to perform frame straightening of all vehicles when needed. The Vendor will ensure personnel or sub-contractor is qualified to perform all frameworks.

Airbag Components:

All airbag components will be replaced with NEW OEM parts when the decision has been made to replace the components.

Major Repairs:

If the metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced with new metal or plastic that is equal to or greater than the original thickness of the component.

Warranty:

The Vendor will specify warrantable periods for materials and work performed. Unsatisfactory repairs include, but are not limited to, paint swirls, fisheye blemishes, mismatched paint color, buffer burns, as well as any other defects and/or imperfection in auto body work or paint finish.

Pickup and Delivery:

The Vendor will prompt free pickup and delivery of vehicles and equipment, including vehicle tow as necessary, when repairs or painting are required. The repaired vehicles will be returned to the City’s Transportation Department by personnel with the knowledge necessary to review and discuss the quality or completeness of the repairs and review the vehicle condition report with the City’s representative. If it is determined that the vehicle is not repaired properly, the vehicle will be returned to the Vendo r’s auto body shop for repair and delivery at no additional cost to the City. All vehicles will be returned to the City within 24 hours of completion of repairs.

Time for Performance:

Time is of the essence in returning City vehicles to service. The successful Vendor agrees that work assigned under the contract will receive priority over the other work in its auto shop unless specific prior approval has been obtained from the City.

If the City determines that the workload of the Vendor is such that timeliness is not possible in a given situation, the City reserves the unilateral right to solicit for proposals and award to a backup service provider. Repeated assignments to a backup service provider may result in contract termination.

Estimated Amount of Work:

The Vendor will perform such work as required by the City as needs are determined. The City has estimated that $100,000 will be spent on auto body work during each year of the agreement. This figure is only an estimate and is not a binding guarantee of the work to be done under the agreement. Actual requirements may be more or less than the amounts estimated.

During the evaluation phase the city can request a site visit of the location.

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The items listed in RFP No. 25-03 are for evaluation purposes only. The quantities and items specified are estimates only of the City’s requirements. RFP No. 25-03 intends to provide one comprehensive award for all City vehicles and equipment with a single discount structure. However, the City reserves the right to make multiple contract awards.

SECTION 5 – QUALIFICATIONS

DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Vendor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Vendor will state and 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 and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity.

The Vendor’s involvement and responsibility should be defined for each project. • Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.

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

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

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

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

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

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

F. Experience with projects of similar size and scope.

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SECTION 6 – FORM OF CONTRACT

PROFESSIONAL SERVICES AGREEMENT FOR

VEHICLE BODY REPAIR AND PAINTING SERVICES

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

RECITALS

WHEREAS, CITY desires to retain a qualified professional VENDOR to provide vehicle body repair and painting services for over 200 City-owned and operated vehicles on an as-needed basis; and

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

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

WHEREAS, VENDOR responded to CITY’s Request for Proposals dated October 10, 2024 (RFP No. [25-03]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

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

a. This Agreement.
b. RFP No. 25-03, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 25-03 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 25-03 dated ……………., 2024 , attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

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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 CONSULTANT's discretion.

SECTION 3. TERM.

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

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

SECTION 4. PERFORMANCE.

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

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

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

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

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

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

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

SECTION 5. WORK PRODUCT.

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

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

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

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

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breach by CITY, or for any amount which may become due to VENDOR.

SECTION 11. INDEPENDENT CONTRACTOR.

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

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

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

SECTION 12. PERS ELIGIBILITY INDEMNITY.

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

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

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

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

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

By executing this Agreement, VENDOR further certifies as follows:

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

Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintai n said E&O

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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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 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 relinqu ished 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

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referred to in this Agreement.

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

SECTION 22. NOTICE.

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

VENDOR
________________________
________________________
________________________
________________________

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

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

SECTION 24. CONFLICT OF INTEREST.

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

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

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

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under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

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

CITY OF MONTEBELLO VENDOR

_______________________ _____________________
Raul Alvarez Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 25-03

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

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

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

The proposer certifies that it has:

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

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

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

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

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

The proposer further certifies that:

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

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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

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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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:

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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.25-03, VEHICLE BODY REPAIR AND PAINITNG SERVICES Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expense s, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “L iabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 25-03 VEHICLE BODY REPAIR AND PAINTING SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity 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, 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:

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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, 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

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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".

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EXHIBIT D
RFP No. 25-03

VEHICLE BODY REPAIR AND PAINTING SERVICES

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

Quantity Description of Work Cost of Needs
Lump sum Vehicle Body Repair and Painting Services $
$
$
$
$
$
$
TOTAL
$

: Description Cost/Fees

List other costs/fees:

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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 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.)

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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.)

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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

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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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RFP No. 25-03

Montebello Bus Lines

Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

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

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RFP No. 25-03

Montebello Bus Lines

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

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

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

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

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

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

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

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

NAME OF BENEFICIARY
By:

Its:

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RFP No. 25-03

Montebello Bus Lines

EXHIBIT K
Bank Draft

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

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

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[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

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ITEM # 27

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: APPROVE AMENDMENT NO. 6 TO AGREEMENT NO. 3733 WITH LPM CONSULTING INC., TO PROVIDE MONITORING AND OVERSIGHT
CONSULTING SERVICES FOR MONTEBELLO BUS LINES’

SUBSTANCE ABUSE PROGRAM

DATE: May 14, 2025

RECOMMENDATIONS:

It is recommended that the City Council

1. Approve Amendment No. 6 to Agreement No. 3733 with LPM Consulting Inc. to provide monitoring and oversight consulting services for Montebello Bus Lines’ (MBL) Substance Abuse Program; and

2. Authorize the City Manager to execute Amendment No. 6 on behalf of the City of Montebello; and

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

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

BACKGROUND/DISCUSSION:

On June 1, 2019, the City entered into Agreement No. 3733 with LPM Consulting to provide monitoring and oversight services for MBLs Substance Abuse Program. These services support compliance with federal regulations, including 49 CFR Part 40 and 49 CFR Part 655, which govern drug and alcohol screening in safety-sensitive positions across public transit systems. Enforced by the U.S. Department of Transportation and the Federal Transit Administration, these regulations aim to ensure safety, integrity, and accountability in transportation operations.

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CITY COUNCIL AGENDA REPORT - MEETING OF MAY 14, 2025

Page 2 of 2 ends

The agreement has been amended several times, including Amendment No. 5, executed on June 26, 2024, to extend services through June 30, 2026 (Attachment A). Through Amendment No. 5, LPM Consulting formally notified the City of its intent to wind down operations in preparation for full retirement and to not pursue or renew any long-term contracts that were set to expire within 12 months. As we approach Fiscal Year 2025-26, LPM Consulting is accelerating its transition into full retirement and has shifted all consulting services to remote operations. However, the agreement still includes a provision requiring LPM Consulting to continue carrying automobile liability insurance, a requirement that is now obsolete since no in-person or on-site work involving vehicle use is being performed.

Given these circumstances, staff recommend that the City Council consider amending Agreement No. 3733 to remove the automobile insurance requirement while allowing LPM Consulting to continue providing remote consulting services through June 30, 2026.

This recommendation was assessed to safeguard against any potential financial or operational risk and approved by the City’s Principal Risk Officer.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council approve Amendment No. 6 to Agreement No. 3733 with LPM Consulting, removing the automobile insurance requirements for monitoring and oversight services for MBLs Substance Abuse Program (Attachment B); authorize the City Manager to execute Amendment No. 6 on the City’s behalf; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – Amendment No. 5 to Agreement No. 3733

2. Attachment B - Proposed Amendment No. 6 to Agreement No. 3733

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ATTACHMENT A

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ATTACHMENT B

CITY OF MONTEBELLO
AMENDMENT NO. 6
TO AGREEMENT NO. 3733
WITH LPM CONSULTING, INC.

This Amendment No. 6 to Agreement No. 3733 (“Amendment No. 6”) is made and entered into as of the 14 th day of May 2025 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and LPM Consulting, Inc., a corporation duly organized and existing under the law of the State of California (“Consultant”). City and Consultant are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Consultant are Parties to that certain Agreement No. 3733 to provide Consulting Services for the Substance Abuse Program Monitoring and Oversight with an “Effective Date” of June 1, 2019 (“Agreement”), pursuant to which City contracted with Consultant to provide services as defined in the Agreement; and WHEREAS, Section 20 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, on or about July 1, 2020, the Parties executed a “First Amendment” exercising an option to extend the Agreement from July 1, 2020, to June 30, 2021, and included language authorizing three (3) additional one-year renewal options; and WHEREAS, on or about July 1, 2021, the Parties executed a “Second Amendment” exercising an option to extend the Agreement from July 1, 2021, to June 30, 2022, and add two (2) additional, one-year optional renewal terms; and WHEREAS, on or about July 1, 2022, the Parties executed “Amendment No. 3” exercising an option to extend the Agreement from July 1, 2022, to June 30, 2023; and WHEREAS, on or about July 1, 2023, the Parties executed “Amendment No. 4” exercising the final option to extend the Agreement from July 1, 2023, to June 30, 2024; and
WHEREAS, on or about July 1, 2024, the Parties executed “Amendment No. 5” exercising the final option to extend the Agreement from July 1, 2024, to June 30, 2026; and

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Montebello City CouncilMay 14, 2025

Montebello City Council
May 14, 2025