CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 10, 2025 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Danielle Romero, Councilmember
CITY MANAGER
Raul Alvarez
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
September 10, 2025: City Council Meeting Page 2 of 6
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
September 10, 2025: City Council Meeting Page 3 of 6
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
F. Tucker-Schuyler v. City of Montebello
Case No. ADJ10561152, ADJ10561411, ADJ10562671
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
A. Martinez v. City of Montebello
Case No. ADJ16723987, ADJ16723988
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
J. Cisneros v. City of Montebello
Case No. ADJ18100540
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
E. Jimenez v. City of Montebello
Case No. ADJ16487448, ADJ7213165, ADJ8349918, ADJ4197522, ADJ8467039, ADJ4015621
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Awilda Perez vs. City of Montebello
Los Angeles Superior Court Case No. 22STCV38433
6. PUBLIC EMPLOYEE ANNUAL EVALUATION
Government Code Section 54957(b)(1)
Title: City Manager
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
September 10, 2025: City Council Meeting Page 4 of 6
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
7. CITIZEN OF THE MONTH - ARMANDO BERNAL
8. PROCLAMATION FOR PATRIOT DAY AND NATIONAL DAY OF REMEMBRANCE
9. PROCLAMATION FOR NATIONAL HISPANIC HERITAGE MONTH
10. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH
11. PROCLAMATION FOR RAIL SAFETY MONTH
12. LEEAF BUSINESS BOOST PROGRAM GRADUATES
13. CALTRANS AUDIT
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
REGULAR BUSINESS - NONE
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
14. ACCEPT AWARD OF $50,000 FROM LOS ANGELES COUNTY FIRST DISTRICT SUPERVISOR HILDA
SOLIS FOR THE CITY'S HUMANITARIAN SERVICES PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Accept funding in the amount of $50,000 from the Los Angeles County Board of Supervisors – First District (Supervisor Hilda L. Solis) to support the City’s Humanitarian Services Program for families impacted by immigration raids; and,
2. Amend the Fiscal Year 2025–26 budget by increasing appropriations by $50,000 in Account No. 299-20- 299-6040.10 (Humanitarian Assistance Program Fund, Other Contract Services [Expenditures]) and Account No. 299-99-3998 (Humanitarian Assistance Program Fund, MIsc Revenue [Revenue]); and,
3. Take such additional, related action that may be desirable.
15. APPROVE AGREEMENT NO. 4379 WITH GOODYEAR TIRE & RUBBER COMPANY FOR BUS TIRE LEASE
SERVICES
September 10, 2025: City Council Meeting Page 5 of 6
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4379 with Goodyear Tire & Rubber Company (Goodyear Tire), for a three-year (3-year) term with the option for renewal of up to two (2), additional one-year (1-year) terms, for Tire Lease Services (Request for Proposals No. 25-14); and
2. Authorize the City Manager to execute and finalize Agreement No. 4379 with Goodyear Tire on behalf of the City of Montebello; and
3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) of the total amount for each fiscal year; and
4. Take such additional, related, action that may be desirable.
16. ADOPT RESOLUTION NO. 25-81 APPROVING AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF MONTEBELLO AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) TO ACCEPT MONTEBELLO BUS LINES’
PARTICIPATION IN THE ZERO EMISSION TRANSIT CAPITAL PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-81 approving an amendment to the Memorandum of Understanding (MOU) between the City of Montebello and the Los Angeles County Metropolitan Transportation Authority (LACMTA) to accept Montebello Bus Lines’ (MBL) reduced allocation amount of $1,180,848 from the Zero Emission Transit Capital Program (ZETCP), effective June 26, 2025, through June 30, 2028; and
2. Authorize the City Manager to execute the MOU on the City’s behalf; and
3. Take such additional, related, action that may be reasonable and necessary.
17. APPROVE AGREEMENT NO. 4381 WITH PARKING COMPANY OF AMERICA (PCAM), LLC FOR
METROLINK RAIL FEEDER SHUTTLE SERVICE
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4381 with Parking Company of America, LLC for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for a total not-to-exceed amount of $1,703,179, for the Metrolink Rail Feeder Shuttle Service (Montebello LINK) Request for Proposals No. 25-11; and
2. Authorize the City Manager to execute and finalize Agreement No. 4381 with the Parking Company of America, LLC (PCAM) on behalf of the City of Montebello; and
3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) of the total amount for each fiscal year; and
4. Take such additional, related, action that may be desirable.
18. APPROVE RESOLUTION NO. 25-82 DECLARING CERTAIN REAL PROPERTY OWNED BY THE CITY TO BE “SURPLUS LAND” PURSUANT TO THE CALIFORNIA SURPLUS LAND ACT AND DIRECTING THE
RELEASE OF A NOTICE OF AVAILABILITY
RECOMMENDATION: It is recommended that the City Council:
1. Approve Resolution No. 25-82 declaring certain City-owned property, more particularly described in Exhibit A, as “Surplus Land” pursuant to Government Code Section 54221(b); and
2. Authorize the Director of Planning and Community Development to prepare and transmit a written Notice of Availability for the Property in compliance with Government Code Section 54222; and
3. Authorize the City Manager, or designee, to take all necessary actions to carry out the intent of this Resolution and ensure compliance with the Surplus Land Act; and
4. Take such additional, related action that may be desirable.
19. APPROVAL OF MINUTES: AUGUST 13, 2025, CITY COUNCIL MEETING; AUGUST 27, 2025, CITY COUNCIL
MEETING
RECOMMENDATION: It is recommended that the City Council:
September 10, 2025: City Council Meeting Page 6 of 6
1. Approve said Minutes as is.
20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-80 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 10, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-80 approving the Warrant Register dated September 10, 2025.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Ric Alonzo, Councilmember
• Salvador Melendez, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 24, 2025, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, September 7, 2025, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Angelica Palmeros, Assistant City Manager
Andrew Kim, Senior Management Analyst
SUBJECT: ACCEPT AWARD OF $50,000 FROM LOS ANGELES COUNTY FIRST
DISTRICT SUPERVISOR HILDA SOLIS FOR THE CITY'S
HUMANITARIAN SERVICES PROGRAM
DATE: September 10, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept funding in the amount of $50,000 from the Los Angeles County Board of Supervisors – First District (Supervisor Hilda L. Solis) to support the City’s Humanitarian Services Program for families impacted by immigration raids; and,
2. Amend the Fiscal Year 2025–26 budget by increasing appropriations by $50,000 in Account No. 299-20-299-6040.10 (Humanitarian Assistance Program Fund, Other Contract Services [Expenditures]) and Account No. 299-99-3998 (Humanitarian Assistance Program Fund, MIsc Revenue [Revenue]); and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The recommended action will amend the Fiscal Year 2025–26 budget to increase appropriations by $50,000 in the Humanitarian Assistance Program Fund (Account No. 299-20-299-6040.10 / 299-99-3998). Funding is provided through a Social Program Agreement (SPA Contract No. CP-01-7208) with the County of Los Angeles, under the direction of First District Supervisor Hilda L. Solis. No matching funds are required as part of this agreement.
This $50,000 is in addition to the original $100,000 allocation previously approved by the City Council on June 25, 2025. The additional funds will enable the City to continue providing essential services, including rental assistance, utility support (i.e, electricity, gas, water), grocery vouchers, and addressing other urgent household needs.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 10, 2025
BACKGROUND/DISCUSSION:
In June 2025, the City Council approved the creation and funding of the Montebello Humanitarian Services Program in response to increased immigration enforcement operations negatively impacting Montebello residents. The program, initially funded with $100,000 from the City’s General Fund, provides emergency and essential assistance to residents experiencing hardship due to the separation of families, loss of income, and fear of accessing basic necessities due to increased immigration enforcement throughout the region.
City staff have been managing the program with careful intake, needs-based assessments, and strict confidentiality protections. Assistance categories include food insecurity, utility support (i.e., electricity, gas, water), rental or mortgage payments, and emergency expenses. Case managers continue to track utilization and outcomes.
In July 2025, staff submitted a funding request application to Supervisor Hilda Solis’ office for $50,000 in funding for the City’s Humanitarian Services Program. In August 2025, the County of Los Angeles transmitted an executed Social Program Agreement (Contract No. CP-01-7208) awarding $50,000 to the City of Montebello for continuation of this critical program.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends accepting the $50,000 from the Los Angeles County First District Supervisor's office to supplement the City’s Humanitarian Services Program. This appropriation will extend the Humanitarian Services Program, and continue to provide resources and services to families most affected by recent federal immigration actions and strengthen the City’s commitment to supporting vulnerable residents. The recommended actions also require amending the Fiscal Year 2025–26 budget by increasing appropriations by $50,000 in Account No. 299-20-299-6040.10 (Humanitarian Assistance Program Fund, Other Contract Services [Expenditures]) and Account No. 299-99-3998 (Humanitarian Assistance Program Fund, MIsc Revenue [Revenue]).
ATTACHMENT(S)
1. Attachment A - Social Program Agreement (SPA) - CP-01-7208
AGREEMENT NO. 4399 WITH
LA COUNTY BOARD OF
SUPERVISORS
AND
CITY OF MONTEBELLO
EDWARD YEN
EXECUTIVE OFFICER
C O U N T Y O F L O S A N G E L E S
EXECUTIVE OFFICE
B O A R D O F S U P E R V I S O R S
KENNETH HA HN HA LL OF ADMINISTRATION
500 WEST TEMPLE STREET, ROOM 383
LOS ANGELES, CALIFORNIA 90012
(213) 974 -1411 • www. bos. lacounty.gov
MEMBERS OF THE BOARD
HILDA L. SOLIS
HOLLY J. MITCHELL
LINDSEY P. HORVATH
JANICE HAHN
KATHRYN BARGER
August 18, 2025
Raul Alvarez
City of Montebello
1600 W. Beverly Blvd
Montebello, california 90640
Dear Raul Alvarez:
Enclosed for your review and signature is Social Program Agreement (Contract # CP-01-7208). First District Supervisor Hilda Solis of the Los Angeles County Board of Supervisors has pledged financial assistance in the amount of $50,000.00 to City of Montebello.
In order to process the agreement, we require the following documentation to be completed, signed, and provided by an authorized representative of the organization:
• Social Program Agreement
• County vendor ID number (Required for doing business with the County. Register here.)
Please sign and complete the Agreement within 10 business days. Please note any corrections to the attached Agreement must be submitted in writing to the e-mail address listed below. In addition, please confirm that the organization name listed on the Agreement matches the organization name (or DBA) used for your WebVen profile. All names must match in order to process the Agreement for payment; any deviations may delay payment.
Upon termination of the agreement, a Final Report (Download Blank Copy), Expenditure Summary Spreadsheet, and supporting documentation detailing the actual expenditures must be submitted to the Executive Office of the Board of Supervisors within 60 days after the termination of this Agreement. All funding must be spent within the designated contract period; expenditures dated outside of the contract period will not be accepted and may result in forfeiture of the funds. If you have any questions, please contact me at (213) 974-6958 or email me at [email protected].
Very truly yours,
Kyler Nathan For
Susan Huff
Administrative Deputy
SH: kn
c: Cindy Chen, Chief of Staff, First District
383 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 (213) 974-1411 FAX (213) 620-0636
SOCIAL PROGRAM AGREEMENT
Contract No. CP-01-7208
Fiscal Year 2025-2026
Name of Organization: City of Montebello
Address: 1600 W. Beverly Blvd, Montebello, california 90640 Website (if applicable)
https://www.montebelloca.gov
Contractor’s Project Director: Raul Alvarez
Telephone No.: (323) 887-1200
Status of Organization: Profit Non-Profit X
Description of Organization: The mission of the City of Montebello is to be committed to delivering high-quality public services, fostering a vibrant and inclusive community, and enhancing the well-being of all residents through responsible governance and community partnerships.
Description of Program/Project: The funds will be used by the City of Montebello towards their Humanitarian Service Program. This program provides a wide range of assistance to families negatively impacted by the recent immigration enforcement actions in the community. The funds will be directly used towards services that will provide families and individuals support for rental assistance, utility payments (electricity, water, gas, etc.), case management, mental health, and emergency assistance. The programs and services offered to the community will prioritize a rapid response, confidentially, and provide stabilization of basic needs, such as housing, food, and utilities for residents experiencing hardship due to immigration enforcement actions.
Proposed Social Need to be Satisfied: Public safety programs; Health and social services initiatives and programs
Contract Period: 7/01/2025 - 6/30/2027
Grant Amount: $50,000.00
Total Proposed Expenditures:
1) Personnel Costs:
$0.00
2) Non-Personnel Costs: $50,000.00
County Department:
Board of Supervisors, First District
County Contact Person: Marilyn Garcia
Telephone No:
213-974-4111
Contractor verifies that:
• I have the power to execute this contract.
• I have read the attached Terms and Conditions and agree thereto. • Financial and program records will be maintained for 3 years. • A Final Report and supporting documentation on the results and expenditures of this project will be made within 60 days from the expiration or termination of this Agreement to the Executive Office. • These funds will be used for the program specified above and will only be spent within the Contract Period. All unused funds will be returned at the end of the Contract Period.
{{Sig
{{Sig_es_:signer2:signature }} {{*Title_es_:signer2 }} {{$d }} Contractor Signature Title Date
{{N_es_:signer2:fullname }} {{*Em_es_:signer2 }} {{$w }} Contractor Printed Name Contractor E-mail Address County WebVen No.
COUNTY OF LOS ANGELES
Pursuant to Government Code Sections 23005, and 26227, and an adopted Resolution by the Board of Supervisors:
By {{Sig_es_:signer6:signature }}
By
{{Sig_es_:signer4:signature }}
FESIA A. DAVENPORT
Chief Executive Officer
OSCAR VALDEZ
Auditor-Controller
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By {{Sig_es_:signer1:signature }}
By
{{Sig_es_:signer5:signature }} For
DEPUTY
EDWARD YEN
Executive Officer, Board of Supervisors
:font(color=#FFFFFF)}}
Raul Alvarez (Aug 20, 2025 17:48:34 PDT)
City Manager
08/20/2025
Raul Alvarez
[email protected]
500074
Oscar Valdez (Aug 22, 2025 13:27:00 PDT)
Oscar Valdez
Luci Gutierrez (Aug 25, 2025 11:35:59 PDT)
Luci Gutierrez
SOCIAL PROGRAM AGREEMENT
TERMS AND CONDITIONS
HOA.1361222.1 2 of 5
1. COMPENSATION
The COUNTY shall compensate the CONTRACTOR payable upon execution of the Social Program Agreement (“Agreement”)..
2. INDEPENDENT CONTRACTOR
The CONTRACTOR shall perform all services included in this Agreement in an independent capacity and neither CONTRACTOR nor CONTRACTOR'S employees shall be considered as em ployees of the COUNTY. This Agreement is by and between the CONTRACTOR and the COUNTY and is not intended, and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the COUNTY and the CONTRACTOR.
3. ENTIRE AGREEMENT
This document constitutes the entire Agreement between the COUNTY and the CONTRACTOR for services to be performed.
4. ASSIGNMENTS AND SUBCONTRACTS
The CONTRACTOR may enter into subcontracts for performance of portions of this Agreement only upon receipt of prior written consent of the County Department Director or his/her designee. All appropriate provisions and requirements of this Agreement shall apply to the sub - agreement. The CONTRACTOR shall be held responsib le by the COUNTY for performance of any sub-contractor.
5. INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend and hold harmless the COUNTY, their agents, officers and employees from and against any and all liability, expense, including defense costs a nd legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury, or property damage arising from or connected with CONTRACTOR'S operations or services hereunder, including any workers' com pensation suits, Federal Fair Labor Standards Act wage and hour law violations, liability, or expense, arising from or connected with services performed by or on behalf of CONTRACTOR by any person pursuant to this Agreement.
6. INSURANCE
Without limiting CONTRACTORS indemnification of COUNTY, the CONTRACTOR shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in this Agreement. Such insurance shall be provided by insurer(s) satisfactory to the COUNTY'S Ris k Manager and evidence of such programs satisfactory to the COUNTY shall be delivered to County Contact Person on or before the effective date of this Agreement. These minimum insurance coverage terms, types and limits also are in addition to and separate from any other any other contractual obligation imposed upon the Contractor pursuant to this Agreement. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self -insurance coverage maintained by County and shall name the County of Los Angeles as an additional insured.
Neither the C OUNTY's failure to obtain, nor the C OUNTY’s receipt of, or failure to object to a non -complying insurance certificate or endorsement, or any other insurance do cumentation or information provided by the C ONTRACTOR, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the insurance coverage requirements . CONTRACTOR shall insure the following insurance coverage as it applies to this Agreement:
A. Commercial General:
Providing scope of coverage equivalent to ISO policy form CG 00 01, with limits of not less than $1 million per occurrence.
B. Automobile Liability:
Providing scope of coverage equivalent to ISO policy form CA 00 01 , with limits of not less than $1 million for bodily injury and property damage. Insurance shall cover liability arising out of Contractor’s use of autos pursuant to this Agreement , including owned, leased, hired, and/or non-owned autos, as each may be applicable.
C. Workers' Compensation:
Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of CONTRACTOR and all risks to such persons under this Agreement, and including Employers” Liability coverage with a $1 million per limit.
D. Crime Insurance:
If, under the terms of the Agreement, CONTRACTOR’S program involves pick up, carrying, guarding or handling large amounts o f cash or other highly valued items on behalf of the County, a comprehensive blanket crime insurance policy with each insuring agreement in an amount not less than $25,000, insuring against loss of money, securities, or other property referred to hereunder which may result from:
(1) Dishonesty or fraudulent acts of officers, directors, or employees of CONTRACTOR, or
(2) Disappearance, destruction or wrongful abstraction
inside or outside the premises or CONTRACTOR, while
in the care, custody or control of the CONTRACTOR, or
(3) Sustained through forgery or direction to pay a certain sum in money.
E. Sexual Misconduct Liability:
If, under the terms of this Agreement, CONTRACTOR’s program or project involves care or supervision of children, seniors, and/or other vulnerable persons, CONTRACTOR shall provide insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than two million ($2,000,000) per claim and two million ($2,000,000) aggregate, and claim s for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.
F. Professional Liability – Errors and Omissions:
If, under the terms of this agreement, CONTRACTOR's program or project involves provision of medical, legal, accounting, architectural, engineering, interpreting, programming, or consulting services, CONTRACTOR shall provide Professional Liability i nsurance covering CONTRACTOR’s professional liability arising from or related to this Agreement, with limits of not less than $1 million per claim and two ($2) million aggregate. Further, C ONTRACTOR understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Agreement’s expiration, termination or cancellation.
G. Property Coverage:
If, under the terms of this agreement, CONTRACTOR shall have possession of rented or leased or be loaned any COUNTY -owned real or personal property, CONTRACTOR shall provide:
(1) Real Property: insurance providing Special form (“all risk”) coverage for the full replacement value.
(2) Personal Property: Insurance providing Special form (“all risk”) coverage for the actual cash value.
7. RECORDS RETENTION AND INSPECTION
Within ten (10) days of COUNTY's written request, CONTRACTOR shall allow COUNTY access to financial and program records during regular business hours at any place CONTRACTOR keeps those records.
8. CONFLICT OF INTEREST
CONTRACTOR covenants that neither the CONTRACTOR nor any of it agents, officers, its employees, or sub -contractors who presently exercise any function of responsibility in connection with the program has personal interest, direct or indirect, in the Agreement, except to the extent he may re ceive compensation for his or her performance pursuant to this Agreement.
CONTRACTOR, its agents, officers, employees, and sub -contractors shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest.
9. ASSURANCES
The CONTRACTOR gives and certifies with respect to the program that it will comply with all applicable COUNTY, state, and federal laws and regulations including, but not limited to Federal OMB Circulars A -102, A-110, A-122, and A-133 as they apply to the CONTRACTOR.
The CONTRACTOR further assures that:
A. Authority:
It possesses legal authority to execute the proposed program, that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the CONTRACTOR'S governing body, authorizing receipt of the funds, and directing and designat ing the authorized representative(s) of the CONTRACTOR to act in connection with the
SOCIAL PROGRAM AGREEMENT
TERMS AND CONDITIONS
3 of 5
program specified and to provide such additional information as may be required by the COUNTY.
B. Civil Rights:
CONTRACTOR shall abide by the provisions of the Title VI a nd VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e (17), (P.L. 88 -353), and applicable Federal and State laws, rules and regulations prohibiting discrimination under any program activity or employment for which CONTRACTOR received funding under this Agreement. Any subcontracts awarded by CONTRACTOR shall contain this provision.
C. Prohibited Actions:
CONTRACTOR agrees not to engage in or permit any religious proselytizing or political propagandizing in connection with the performance of this Agreement. The CONTRACTOR agrees to comply with the provision of the Federal Hatch Act (5 U.S.C. Section 1501 et seq.), as amended, and with Section 675 (e) of Subtitle B of Title VI of Pub. L. 97 -35, which limits political activity of certain State and local employees, and with 31 U.S.C. Section 1352 , and with Section 319 (a)(1) of Title III of Pub. L 101-121 (which prohibits use of Federal funds to influence the award of Federal contracts or grants.
D. OSHA/CAL-OSHA Compliance:
CONTRACTOR shall comply with the provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and the California Occupational Safety and Health Act (Cal.Labor Code §6300).
10. SUSPENSION AND TERMINATIONS
The CONTRACTOR agrees to suspend program operations for a period not to exceed sixty (60) working days effective immediately upon written notice of suspension from the County Project Director. This provision will be applied if, in the judgment of the County Project Director, circumstances exist which could result in illegal or inappropriate expenditures of program funds. Either party may terminate this agreement or any part hereof by giving fifteen (15) days notice to the other.
The County Department Director or his/her designee may terminate this Agreement immediately by written notice to the CONTRACTOR upon CONTRACTOR'S failure to comply with the provisions of this Agreement. It is also understood and agreed, however, that should the COUNTY determine that CONTRACTOR"S failure to perform relates to only part of the services CONTRACTOR is performing, the COUNTY, in its sole discretion, may elect to terminate only that part of the Agreement which shall in no way void or invalidate the rest of this Agreement. In the event of termination of all or part of this Agreement, COUNTY shall pay to CONTRACTOR for all allowable budgeted costs actually incurred by CONTRACTOR prior to the effective date of such termination less payments paid by COUNTY for such services.
If this Agreement is terminated, CONTRACTOR shall within five (5) days of receipt of notice of termination from COUNTY, notify all other parties who are subcontractors of the CONTRACTOR of such termination.
Payment shall be made upon the filing with the COUNTY, by CONTRACTOR, of a voucher(s) evidencing the time expended and the cost incurred. Said vouchers must be filed with the COUNTY thirty (30) days of date of said termination.
11. FAIR LABOR
CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY, its agents, officers and employees from any and all liability including, but not limited to, wages, overtime pay liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law violation including, but not limited to, Federal Fair L abor Standards Act for services performed by the CONTRACTOR"S employees for which the COUNTY may be found jointly or solely liable.
12. CITIZENSHIP
CONTRACTOR warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet citizenship or alien status requirements contained in Federal statutes and regulations. CONTRACTOR shall indemnify, defend and hold harmless, the COUNTY, its officers and employees from employer sanct ions and any other liability which may be assessed against the CONTRACTOR or COUNTY, or both, in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this agreement.
13. COUNTY LOBBYISTS
CONTRACTOR and each COUNTY lobbyist or COUNTY lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by CONTRACTOR, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code ch apter 2.160. Failure on the part of CONTRACTOR or any COUNTY lobbyist or COUNTY lobbying firm retained by CONTRACTOR to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which COUNTY may immediately terminate or suspend this Agreement.
14. USE OF RECYCLED PAPER
Consistent with the Board of Supervisors’ policy to reduce the amount of solid waste deposited at County landfills, CONTRACTOR agrees to use recycled -content paper to the maximum extent possib le on the Project.
15. NOTICE TO EMPLOYEES REGARDING THE FEDERAL
EARNED INCOME CREDIT
CONTRACTOR shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.
16. CONSIDERATION OF GAIN PROGRAM PARTICIPANTS FOR
EMPLOYMENT
Should CONTRACTOR require additional or repla cement personnel after the effective date of this Agreement, CONTRACTOR shall give consideration for any such employment openings to participants in the COUNTY’S Department of Public Social Services’ Greater Avenues for Independence (GAIN) Program who meet the CONTRACTOR’S
minimum qualifications for the open position. The COUNTY will refer GAIN participants by job category to the CONTRACTOR.
17. CONTRACTOR’S ACKNOWLEDGMENT OF COUNTY’S CHILD
SUPPORT COMPLIANCE PROGRAM
As required by the COUNTY’s Child Su pport Compliance Program (County Code Chapter 2.200) and without limiting the CONTRACTOR’s duty under this Agreement to comply with all applicable provisions of law, the CONTRACTOR warrants that it is now in compliance and shall during the term of this Agr eement maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).
18. CONTRACTOR’S ACKNOWLEDGMENT OF COUNTY’S
COMMITMENT TO THE SAFELY SURRENDERED BABY LAW
The CONTRACTOR shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby.
The fact sheet is available on the Internet at www.babysafela.org for printing purposes.
19. TERMINATION FOR DEFAULT
Services performed under this Agreement[ may be terminated immediately in whole or in part by COUNTY by providing to CONTRACTOR a written Notice of Default if 1) CONTRACTOR fails to perform the services within the time specified in this Agreement or any extensions approved by COUNTY, 2) CONTRACTOR fails to perform any other covenant or conditions of this Agreement, or 3) CONTRACTOR fails to make progress so as to endanger its performance under this Agreement.
In its sole discretion, COUNTY may include in the Notice of Default a period of time for CONTRACTOR to cure the Default(s).
Without limitation of any additional rights or remedies to which it may be entitled, if COUNTY terminates all or part of the services because of CONTRACTOR’S Default, COUNTY, in its sole discretion, may procure replacement services, as determined by COUNTY at its sole discretion.
20. TERMINATION FOR IMPROPER CONSIDERATION
SOCIAL PROGRAM AGREEMENT
TERMS AND CONDITIONS
4 of 5
County may, by written notice to CONTRACTOR, immediately terminate the right of CONTRACTOR to proceed under this Agreement if it is found that consideration, in any form, was offered or given by CONTRACTOR, either directly or through an intermediary, to any County officer, employee or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment or extension of the Agreement or the making of any determinations with respect to the CONTRACTOR’s performance pursuant to the Agreement. In the event of such termination, COUNTY shall be entitled to pursue the same remedies against CONTRACTOR as it could pursue in the event of default by the CONTRACTOR. CONTRACTOR shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the Coun ty manager charged with the supervision of the employee or to the County Auditor-Controller’s Employee Fraud Hotline at (800) 544-6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel o r entertainment, or tangible gifts.
21. FINAL REPORT
CONTRACTOR shall complete and submit a report to the Executive Office of the County of Los Angeles Board of Supervisors ("Final Report") under penalty of perjury to identify the goals, objectives and specific activities stated in the Agreement, and to certify that the contract satisfied the social needs of the County. Further, the Final Report shall identify the actual expenses incurred and state the amount unused in order to be returne d to the COUNTY. CONTRACTOR shall provide receipts and/or a budget to specify how funds were expended.
22. FACSIMILE REPRESENTATIONS
The COUNTY and the CONTRACTOR hereby agree to regard facsimile representations of original signatures of authorized officers of each party, when appearing in appropriate places and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed to this Agreement, such that the parties need not follow up f acsimile transmissions of such documents with subsequent (non -facsimile) transmission of “original” versions of such documents.
23. ELECTRONIC OR DIGITAL SIGNATURES.
COUNTY and CONTRACTOR agree that this Agreement may be
electronically or digitally signed, and the electronic or digital signatures appearing on this Agreement are the same as handwritten signatures for purposes of validity, enforceability and admissibility. CONTRACTOR may withdraw consent to sign documents electronically, or to otherwise conduct business, e.g., receiving documents, notices or disclosures, etc., by providing written notice to the COUNTY, pursuant to Paragraph No. 24, NOTICES, of the Terms and Conditions of this Agreement.
24. NOTICES
Notices will be sent to the CONTRACTOR addressed as follows:
City of Montebello
1600 W. Beverly Blvd,
Montebello, california 90640
Raul Alvarez (323) 887-1200 (Contact Person) (Telephone Number)
City of Montebello
(Contractor’s Name)
Notices, performance and fiscal reports shall be sent to the COUNTY as follows:
Board of Supervisors
County of Los Angeles
500 W. Temple Street, Room 383
Los Angeles, CA 90012
Attention: KYLER NATHAN, FISCAL SERVICES
August 18, 2025
{{EOApprover_es_:signer3:readonly:font(color=#FFFFFF)}} {{#d=*Dte_es_:signer2:date:format(date,mm/dd/yyyy)}}
{{#w= *WebVen_es_:signer2:string(char=num,maxlen=6)}}
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Social Program Agreement (SPA) Checklist
Contract No. CP-01-7208
Executive Office of the Board (Contracts Unit):
SP Purpose complies with Board Policy 4.090.
SP Purpose complies with Board office’s intent.
SP The SPA Description of Program/Project is well-defined and identifies the responsibilities of the recipient.
County Counsel:
{{Int1CoCo_es_:signer1:initials:font(size=11)}} Purpose complies with Government Code 26227. {{Int2CoCo_es_:signer1:initials:font(size=11)}} Purpose complies with Board Policy 4.090. {{Int3CoCo_es_:signer1:initials:font(size=11)}} The SPA Description of Program/Project is well-defined and identifies the responsibilities of the recipient.
Executive Office of the Board (Contracts Unit):
{{Int1LA_es_:signer3:initials:font(size=11)}} Confirm organization is a registered County vendor and the profile address and organization name match the SPA and County vendor profile.
Executive Office of the Board (Disclosure Review):
{{Int2LA_es_:signer3:initials:font(size=11)}} Review Levine Act Declaration forms, reports, and resolve any Levine Act conflicts. {{Int2LA_es_:signer3:initials:font(size=11)}} Review Board Disclosure of known Family Relationships and flag for placement on the Board's agenda prior to appropriation of money: {{$fn}}N/A {{$fy}}Agenda Date {{$ad1 }}
Auditor-Controller:
{{Int1AuCo_es_:signer4:initials:font(size=11)}} Purpose complies with Board Policy 4.090. {{Int2AuCo_es_:signer4:initials:font(size=11)}} Confirm any organization receiving $7,500 or more has not been and/or is not currently under investigation by Auditor-Controller.
{{Int3AuCo_es_:signer4:initials:font(size=11)}} Purpose complies with Board office’s intent (Confirm SPA details are accurate). {{Int4AuCo_es_:signer4:initials:font(size=11)}} The SPA Description of Program/Project is well-defined and identifies the responsibilities of the recipient.
{{Int5AuCo_es_:signer4:initials:font(size=11)}} Confirm organization does not have outstanding uncashed checks. {{Int6AuCo_es_:signer4:initials:font(size=11)}} Confirm organization is a registered County vendor and the profile address and organization name match the SPA and County Vendor profile.
Executive Office of the Board (EO Admin):
{{Int1EO_es_:signer5:initials:font(size=11)}} Purpose complies with Board Policy 4.090. {{Int2EO_es_:signer5:initials:font(size=11)}} Purpose complies with Board office's intent. {{Int1EO_es_:signer5:initials:font(size=11)}} Confirm disclosure of a contract with a close family member has been announced in an open and public meeting, and noted in the official records of the Board, as necessary.
CEO:
{{Int1CEO_es_:signer6:initials:font(size=11)}} Confirm receipt of the organization’s non-contributions form and the Supervisor’s recusal with the BOS-EO.
{{Int2CEO_es_:signer6:initials:font(size=11)}} Purpose complies with Board Policy 4.090. {{Int3CEO_es_:signer6:initials:font(size=11)}} The SPA Description of Program/Project is well-defined and identifies the responsibilities of the recipient.
{{Int4CEO_es_:signer6:initials:font(size=11)}} Determines whether executing the agreement is consistent with the CEO’s delegated authority.
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ITEM # 15
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 AGREEMENT NO. 4379 WITH GOODYEAR TIRE & RUBBER
COMPANY FOR BUS TIRE LEASE SERVICES
DATE: September 10, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Agreement No. 4379 with Goodyear Tire & Rubber Company (Goodyear Tire), for a three-year (3-year) term with the option for renewal of up to two (2), additional one-year (1-year) terms, for Tire Lease Services (Request for Proposals No. 25-14); and
2. Authorize the City Manager to execute and finalize Agreement No. 4379 with Goodyear Tire on behalf of the City of Montebello; and
3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) of the total amount for each fiscal year; and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
On August 11, 2025, Goodyear Tire submitted its best and final pricing of $544,298 (Attachment A) for a three-year agreement. This final cost was established following a Best and Final Offer (BAFO) meeting to discuss and review the terms and services outlined in the original proposal. The vendor voluntarily reduced the total cost of the proposal, with the cost for each fiscal year broken down in Table 1 as follows:
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 10, 2025
The agreement will be funded through the Transportation Department's Fiscal Year 2025- 26 adopted operating budget (Account No. 600-90-915-6080.15: Transit Fund, Corporate Shop, Vehicle Maintenance/Expenses – Bus Parts). Therefore, a budget amendment is not required. Staff will allocate additional funding within the operating budget for subsequent fiscal years.
BACKGROUND/DISCUSSION:
On June 25, 2025, the City published RFP No. 25-14 (Attachment B) seeking a vendor to supply and deliver tires for urban heavy-duty transit buses and provide a tire attendant to service the transit fleet. The scope includes furnishing high-quality, durable tires that meet industry standards for performance, safety, and reliability in demanding city transit operations.
Proposals were due on Thursday, July 31, 2025, and two submissions were received from reputable vendors: Goodyear Tire and Bridgestone. On August 5, 2025, a three member evaluation committee reviewed the proposals using criteria aligned with the project’s scope of work. The evaluation process considered factors such as cost, technical approach, and overall feasibility, ensuring each proposal was thoroughly and objectively assessed. The results of this review informed the selection of the most qualified vendor as follows:
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 10, 2025
ANALYSIS:
Goodyear Tire was selected based on a review of the qualitative attributes (Project Management Plan, Proposed Project Team, Experience and Qualifications, Technical Approach, and Cost Proposal) presented in their proposal (Attachment C). The Evaluation Committee indicated that Goodyear Tire submitted the most responsive and complete proposal. In addition, Goodyear Tire provided a comprehensive, quality proposal that demonstrated to the Evaluation Committee that they can meet the requirements outlined in RFP No. 25-14.
Goodyear Tire has been providing tire leasing services for over a century, currently serving nearly 80 transit systems in North America, including four of the ten largest bus fleets. Their extensive client portfolio includes long-standing contracts with major agencies such as the Los Angeles County Metropolitan Transportation Authority, Golden Gate Bridge Highway and Transportation District, Central Contra Costa Transit Authority, and the City of Norwalk—relationships that in some cases span more than two decades.
In addition to supplying high-quality, durable tires like the Metro Miler G652 designed for demanding urban transit environments, Goodyear Tire delivers comprehensive maintenance programs, certified technicians, robust quality control processes, and nationwide logistical support. Their proven track record reflects a commitment to reliability, innovation, and customer-focused solutions that meet or exceed industry standards and regulatory requirements. Acknowledging these facts, staff recommend that the City Council consider awarding Agreement No. 4379 to Goodyear Tire, in response to the tire lease service RFP No. 25-14.
SUMMARY:
Staff recommend that the City Council award Agreement No. 4379, attached hereto in substantial form (Attachment D), to Goodyear Tire for an initial 3-year term with the option for renewal of up to two (2), additional 1-year terms, for a total not-to-exceed amount of $544,298, in response to RFP No. 25-14 for tire lease services; authorize the City Manager to execute and finalize Agreement No. 4379 on the City’s behalf; authorize the City Manager to approve change orders up to an additional 10% of the total amount for each fiscal year; and direct staff to take such additional, and related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – BAFO Price Sheet
2. Attachment B – RFP 25-14
3. Attachment C – Goodyear Tire Proposal
4. Attachment D – Draft Agreement No. 4379
CITY OF MONTEBELLO
REQUEST FOR PROPOSALS
RFP No. 25-14
Bus Tire Lease Services
RFP DUE: August 11, 2025 3 PM
BAFO
PRICE PROPOSAL
THE GOODYEA
R TIRE & RUBBER COMPANY
200 Innovation Wa
y D710
Akron, OH 4
4316-0001
ATTACHMENT A
The Goodyear Tire & Rubber Company
200 Innovation Way
Akron, Ohio 44316-0001
DATE August 11, 2025
TO Robert Fierro
Acting Senior Management Analyst
City of Montebello
Department of Transportation / Montebello Bus Lines
400 South Taylor Avenue
Montebello, CA 90640
SUBJECT Request for Proposal
No. 25-14 Bus Tire Lease Services
BAFO
Price / Cost Proposal
The Goodyear Tire & Rubber Company is pleased to offer our submission for tire leasing for a potential total period of five years.
Please contact me with any questions regarding the submission at:
Walter L. Welker
Manager Business Operations; Contract Acquisition and Compliance The Goodyear Tire & Rubber Company
200 Innovation Way D/710
Akron, OH 44316-0001
Phone: 330-796-2862
Fax: 330-796-5641
Email: [email protected]
We appreciate your consideration and look forward to discussing our submission to this procurement.
Best Regards,
Walter L. Welker
Manager Business Operations
Contract Acquisition and Compliance
Mileage Sales, Lease and Service
PROPOSAL PRICE SCHEDULE
PROPOSER NAME:
By execution below, proposer hereby offers to furnish services and materials at the price and terms stated herein subject to the specifications, instructions, and conditions which are part of RFP NO. 25-14 COST: Year 1
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 2
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 3
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
0 0.00
305/70R22.5 1,987,000 6 0.007600 90,607.20
40.38 7,000 84,000.00
176,607.20
One hundred seventy-six thousand six hundred and seven dollars and twenty cents. 305/70R22.5 1,987,000 6 0.007828 93,325.42
7,280 87,360.0042.00
180,685.42
0 0.00
One hundred eighty thousand six hundred eighty-five dollars and forty-two cents. 305/70R22.5 1,987,000 6 0.008064 96,139.01
90,864.007,57243.68
187,003.01
0 0.00
One hundred eighty-seven thousand and 3 dollars and one cent.
Year 4 Optional
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 5 Optional
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
305/70R22.5 1,987,000 6 0.008306 99,024.13
45.43 7,875 94,500.00
193,524.13
0 0.00
One hundred ninety-three thousand five hundred and twenty-four dollars and thirteen cents. 305/70R22.5 1,987,000 6 0.008306 99,024.13 98,280.00
197,304.13
0 0.00One h
undred ninety-seven thousand three hundred and four dollars and thirteen cents.
47.25 8,190
RFP No. 25-14
Montebello Bus Lines
EXHIBIT D
RFP No. 25-14
BUS TIRE LEASE 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.
: Description Cost/Fees
List other costs/fees:
Quantity Description of Work Cost of Needs
Lump sum BUS TIRE LEASE SERVICES $
$
$
$
$
$
$
TOTAL $ 9
33,123.89 (based on estimated vehicle miles)9
33,123.89
California Tire Fee $1.75 per tire
California Mileage Rate Equalization
MRE is in lieu of California State Sales Tax.
MRE is also results in a lower rate than California State Sales Tax.
RFP No. 25-14
Montebello Bus Lines
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
Wal
ter L. Welker; Manager Business Operations; Mileage Sales, Lease & Service The Goodyear Tire & Rubber Company
200 Innovation Way D710
Akron, OH 44316-0001
330-796-2862
[email protected]
August 11, 2025
Montebello Bus Lines
City of Montebello
REQUEST FOR PROPOSALS (RFP) No. 25-14
BUS TIRE LEASE SERVICES
June 25th, 2025
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 B
RFP No. 25-14
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 7
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 - FEDERAL REQUIREMENTS 19-33
Federal Funding, Incorporation of FTA Terms
Federal Changes
No Government Obligation to Third Parties
Program Fraud and False or Fraudulent Statements or Related Acts Inspection and Retention of Records
RFP No. 25-14
3 Montebello Bus Lines
Suspension and Debarment
Termination
Civil Rights Requirements
Disadvantaged Business Enterprise (DBE)
Buy America
Remedies/Sanctions for Breach of Contract
Federal Prohibited Interest
Lobbying
Clean Air Requirements
Clean Water Requirements
Cargo Preference
Fly America Requirements
State Labor Provisions/Labor Compliance/Contract Work Hours and Safety Standards Act
Seismic Safey
Safety and Health Regulation
Federal Energy Conservation Requirements
Recycled Products
Access Requirements for Individuals with Disabilities
Privacy Act
Federal Drug and Alcohol Requirements
SECTION 5 - SCOPE OF WORK 34-40
SECTION 6 - QUALIFICATIONS 41
42-52
53 SECTION 7 - FORM OF CONTRACT (SAMPLE)
SECTION 8 - FORMS AND CERTIFICATIONS
Letter of Transmittal
EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subvendor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter of Credit Certificate Exhibit K – Bank Draft
Exhibit L – Buy America Provision
Exhibit M – Drug Free Workplace
Exhibit N – Compliance with 49 CFP Part 655
RFP No. 25-14
4 Montebello Bus Lines
INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced vendors, licensed in the State of California, to supply and delive r tires designed for urban heavy duty transit bus use and a tire attendant to maintain its transit fleet . The project's scope encompasses the supply and delivery of tires specifically designed for urban heavy -duty transit bus use, ensuring optimal performance, durability, and safety in demanding transit environments. This includes sourcing tires that meet industry standards for quality and reliability, particularly for continuous operation on city routes. The contract will also encompass the provision of a tire attendant, responsible for maintaining the transit fleet's tires, including regular inspections, inflation checks, tread monitoring, and timely replacement to minimize downtime and ensure the buses remain in safe operating condition.
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 1.8 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.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
RFP No. 25-14
5 Montebello Bus Lines
DATE: June 26th, 2025
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 25-14
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
BUS TIRE LEASE SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL), is seeking proposals from fully qualified and experienced vendors, licensed in the State of California, for the Bus Tire Lease Services. The scope of work involves the supply, delivery, and leasing of tires specifically designed for urban heavy-duty transit buses, ensuring optimal performance and safety for MBL’s fleet. The selected vendor will also be responsible for providing tire maintenance services, including the assignment of a tire attendant to oversee regular inspections, inflation checks, tread monitoring, and timely replacements. The tire attendant will work in close coordination with MBL’s maintenance team to ensure the transit fleet remains in safe and efficient operating condition. The vendor will be required to supply all necessary tools, equipment, and expertise to maintain tire quality throughout the service life of the tires. Additionally, the vendor will be responsible for ensuring compliance with all applicable regulations and safety s tandards throughout the contract term.
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 Thursday, July 10, 2025. 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: Acting Senior 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.
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Proposals must be received by 3:00pm Pacific Standard Time, on Thursday, July 31st, 2025, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merits of the respective proposal received.
The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on 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
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TIMETABLE & SCHEDULE OF EVENTS (30-90 Days)
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 26th, 2025
Pre-Proposal Meeting Thursday July 10th, 2025, at 3:00 PM PST Deadline to Submit Questions Thursday July 17th, 2025, at 3:00 PM PST Responses to Questions Provided Thursday July 24th, 2025 Deadline to Submit Proposals Thursday July 31st, 2025, at 3:00 PM PST Presentations & Intent to Award August/September
PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 36
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subvendor(s) (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K
OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
Email address of Company Contact:
Signature:
Title:
Date:
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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 3:00 p.m. on Thursday, July 31st, 2025.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.
Proposals shall be typed, single -spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and proposers’ references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.
All requests for exceptions or deviations because of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
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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 modificat ions 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 3:00 pm, Thursday, July 17th, 2025. 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 perfo rmed. No proposing company shall at any time, after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completi on of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site visits at the proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the proposer’s implementation and performance.
PROPOSAL SIGNATURES
If an individual makes the proposal, it shall be signed, and the full name and address of the proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.
PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by proposer in:
· Preparing the proposal in response to this request.
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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.
CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform.
3. Accept all or any part of a proposal.
4. Cancel the entire RFP;
5. Issue subsequent RFPs; and/or
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.
CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act.
The City shall not in any way be liable or responsible for the disclosure if required to do so by law .
JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime -sub vendor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.
COMPANY PERSONNEL
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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 tolerate d and the offense can be justification for termination of contract. All sub-vendors of successful proposer shall abide by all the requirements set forth in this section.
SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.
PROTEST PROCEDURES
All protests must be filed in accordance with the following:
1. The protest must be in writing and identify the solicitation (RFP) number.
2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.
3. The party’s standing to protest must be identified.
4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.
5. A statement of the relief requested.
Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.
All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.
INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful proposer.
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
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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 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.
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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:
City of Montebello Transportation Department
Attention: Robert Fierro
Acting Senior Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
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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 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.
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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 bus tire lease services.
10 points
3 Qualifications and Experience
Demonstrate experience completing bus tire lease services of the same or similar magnitude. Presentation of a catalog of bus tire lease services experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objective s, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
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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, MBL and VENDOR/LESSOR agree that in case the item or equipment embraced in this Proposal shall not have been completed due to the failure of the VENDOR/LESSOR, MBL should recover said sum or sums of money, equal to the cost of engineering, inspection of work, and any additional and other expenses incurred from the VENDOR/LESSOR, from the surety or from both. The amount of these deductions shall be assessed as liquidated damages, and are not to be considered penalties. For administrative p urposes, $100 per -hour “not to exceed $1,200 per -day,” for every day beyond the specified date, as extended, shall be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above mentioned method.
BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 5% of the bid price.
In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s dam ages occasioned by s uch withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages 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 25% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the 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 – FEDERAL REQUIREMENTS
FEDERAL FUNDING, INCORPORATION OF FTA TERMS
The preceding provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation ("DOT"), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in Federal Transit Administration ("FTA") Circular 4220.1F or its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The VENDOR shall not perform any act, fail to perform any act or refuse to comply with any AGENCY requests that would cause AGENCY to be in violation of the FTA terms and conditions.
FEDERAL CHANGES
The VENDOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between AGENCY and FTA, as they may be amended or promulgated fr om time to time during the term of this Contract. VENDOR’S failure to so comply shall constitute a material breach of this Contract.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The AGENCY and VENDOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a par t to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, VENDOR, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.
The VENDOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Subvendor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The VENDOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801, et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this project. Upon exec ution of the underlying Contract, the VENDOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract of the FTA -assisted project for which this Contract work is being performed.
In addition to other penalties that may be applicable, the VENDOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the VENDOR to the extend the Federal Government deems appropriate.
The VENDOR also acknowledges that if it makes, or caused to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
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authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the VENDOR, to the extent the Federal Government deems appropriate.
The VENDOR agrees to include the above two clauses in each sub -contract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be modified, except to identify the Sub-vendor who will be subject to the provisions.
INSPECTION AND RETENTION OF RECORDS
The VENDOR shall permit authorized representatives of the AGENCY, the FTA Administrator, and the Comptroller General of the United States to inspect and audit all data and records of the VENDOR relating to its performance and its sub -contracts under this Contract from the date of the Contract through and until the expiration of three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case VENDOR agrees to maintain same until the AGENCY, the FTA Administrator, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. The AG ENCY retains ownership of all project documents and records maintained by the VENDOR on behalf of the AGENCY.
SUSPENSION AND DEBARMENT
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the VENDOR is required to verify that none of the VENDOR, its principals, as such defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The VENDOR is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its proposal or proposal, the Proposer or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined that the Proposer or Proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Proposer or Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any cont ract that may arise from this proposal. The Proposer or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
TERMINATION
Pursuant to the Contract, in the event that either Party hereto fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting party is required to cure the breach within five (5) calendar days upon receipt of written notice. For any breach deemed by the non-defaulting party to constitute a non-material breach, the defaulting party is obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if the nature of the non-material breach requires more than ten (10) days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure.
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In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non-defaulting party may terminate this Contract by giving written notice thereof to the defaulting party, setting forth the effective date thereof.
The AGENCY shall have the option, at its sole discretion and without cause, of terminating this Contract in whole, or in part, by giving ten (10) business days’ written notice to VENDOR. Upon the termination of this Contract as provided herein, the AGENCY 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 AGENCY, the Parties agree that VENDOR shall be reimbursed for any “non- refundable” costs that VENDOR has incurred for its services under this Contract, provided that: (1) such “non-refundable” costs were incurred by the VENDOR prior to the date of termination, and (2) that VENDOR provides the AGENCY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs. Such “nonrefundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Contract. VENDOR agrees to cease all work under this Contract on or before the effective date of any notice of termination. Pursuant to the Contract, all AGENCY data, documents, objects, materials or other tangible things shall be returned to the AGENCY upon the termination or expiration of this Contract.
CIVIL RIGHTS REQUIREMENTS
During the performance of this contract, the VENDOR agrees as follows:
A. Nondiscrimination – In accordance with Title VI of the Civil Rights Act, the VENDOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.
B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:
1. Race, Color, Creed, National Origin, Sex - The VENDOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the fol lowing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
2. Age - The VENDOR agrees to refrain from discrimination against present and prospective employees for reason of age.
3. Disabilities - The VENDOR agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
C. The VENDOR also agrees to include these requirements in each sub -contract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
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DISADVANTAGED BUSINESS ENTERPRISE (DBE)
AGENCY Assurance: AGENCY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract, or in the administration of its DBE Program. AGENCY shall take all necessary and reasonable steps under Part 26, Title 49 of the Code of Federal Regulations (CFR), to ensure nondiscrimination in the award and administration of DOT-assisted contracts. AGENCY’S DBE Program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this Contract. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Contract. Upon notification to AGENCY of its failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801 et seq.).
Annual Overall Goal : In accordance with 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” the AGENCY is required to establish an annual overall goal for the participation of DBEs in all contra cts utilizing federal financial assistance. For the current fiscal year, the AGENCY has established a DBE participation goal of Three percent (3%).
AGENCY’S annual overall goal represents the amount of ready, willing, and able DBEs that are identified as available to participate in contracting opportunities, and is reflective of the amount of DBE participation AGENCY would expect absent the effects of discrimination.
Contract Goals: AGENCY intends to meet its goal to the maximum extent feasible through race neutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual overall goal, AGENCY will establish specific contract goals for particular projects with subcontracting opportunities.
At this time, AGENCY will meet DBE goal on federally assisted projects through race neutral measures.
AGENCY supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime vendors to subcontract portions of their work that might otherwise perform with their own forces.
Good Faith Efforts: If a specific DBE participation goal is identified in the above, a proposer must demonstrate that it can meet this specified goal in the performance of this Contract in order for the proposal to be determined a responsive proposal. If a proposer cannot meet the specified goal, the proposer must demonstrate that it performed sufficient good faith efforts to meet the goal. A proposer who is not responsive shall be ineligible for award of contract.
Determination of Good Faith Efforts: If the amount of DBE participation does not meet the Contract - specific goal, the DBE Officer shall review the good faith effort report submitted by the proposer. The DBE Officer shall determine whether the proposer has performed the quality, quantity, and intensity of efforts that demonstrates a reasonably active and aggressive attempt to meet the Contract-specific goal.
The kinds of effort that will be considered demonstrative of “Good Faith Efforts” include, but are not limited to, the following: Whether the VENDOR solicited through all reasonable and available means (e.g., attendance at pre-proposal meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work; whether the VENDOR solicited interest within sufficient time to allow the DBEs to respond and, if appropriate steps were taken, to follow-up with interested DBEs; whether the VENDOR selected portions of work to be performed by DBEs and, where appropriate, broke-
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out contract work items into economically feasible units to facilitate DBE participation even when the VENDOR might otherwise prefer to perform these work items with its own forces; whether the VENDOR negotiated in good faith with interested DBEs (evidence includes names, addresses, and phone numbers; description of information provided regarding plans and specifications; and evidence as to why additional agreements could not be reached); whether the VENDOR made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; whether the VENDOR made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance; whether the VENDOR effectively used the services of available minority/women community organizations, vendors’ groups, or other organizations to provide assistance; and whether other proposers on the procurement met the DBE goal.
Proposer’s Right to Administrative Reconsideration: In the event that the DBE Officer determines that the responsible proposer has not met the Contract-specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the proposer in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the proposer of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recom mendation for award of contract is presented to the City Council. (The Reconsideration Official is a CITY representative who did not take part in the original determination.) After reconsideration, AGENCY shall provide the proposer with a written decision. The result of the reconsideration process is not appealable by the proposer.
In the event that the Reconsideration Official finds that the proposer has not met the Contract goal or demonstrated good faith efforts, AGENCY will deem said proposer not responsible and evaluate the proposer submitting the next proposal.
VENDOR Compliance with AGENCY DBE Policy: It is the policy of AGENCY to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to AGENCY’S construction, procur ement, and professional services activities. To this end, AGENCY has developed procedures to remove barriers to DBE participation in the proposal and award process and to assist DBEs to develop and compete successful ly outside of the DBE program.
In connection with the performance of this Contract, the VENDOR will cooperate with AGENCY in meeting these commitments and objectives.
Required Proposal/Proposal Submittals: The VENDOR shall submit with its Proposal the name and address of each Sub -vendor it intends to employ, a description of the work which the Sub -vendor is to do, the dollar amount of each Sub-vendor contract, and such other information as may be required in order that AGENCY'S approval may be obtained as to reliability and ability to perform the work (Proposers List of DBE Participating Firms).
In addition, proposer shall submit within five (5) days of proposal opening the names and addresses of all DBE firms that will participate in the Contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Sub vendors whose participation the VENDOR submits to meet the Contract goal; and written confirmation from the DBE that it is participating in the Contract as provided in the VENDOR’s commitment. (Statement of Disadvantaged Business Enterprise Participation) AGENCY shall require that any DBEs listed by proposers for participation in the Contract be certified as eligible DBEs. AGENCY will accept current certifications by the DOT and its agencies, the Small Business
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Administration, or other DOT federal financial assistance recipients, as appropriate. Within five (5) days of proposal opening, DBEs with current certification must attach a copy of their current Letter of Certification and a copy of their current Statement of Personal Net Worth.
AGENCY will require any firm listed, but not currently certified as a DBE, to submit the proper certification information within five (5) days of proposal opening in order to be included in the proposer’s DBE achievement.
VENDOR Assurance: Pursuant to 49 CFR Part 26, the VENDOR is required to make the following assurance in its agreement with AGENCY and to include this assurance in any agreements it makes with sub vendors in the performance of this Contract:
“The VENDOR or Sub-vendor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The VENDOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the VENDOR or Subvendor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as AGENCY deems appropriate.” Prompt Payment to Sub -vendors: The VENDOR must pay Sub -vendors for satisfactory performance of their contracts no later than 15 days from the receipt of payment made to the VENDOR by AGENCY.
Prompt return of retainage payments from the VENDOR to the Sub-vendor will be made within 15 days after the Sub-vendor's work is satisfactorily completed.
Any delay or postponement of payment among the parties may take place only for good cause and with AGENCY’S prior written approval. If the VENDOR determines the work of the Sub -vendor to be unsatisfactory, it must notify AGENCY’S DBE Officer immediately in writing and state the reasons. Failure by the VENDOR to comply with this requirement will be construed to be a breach of contract and subject to contract termination.
Reports of Payment to DBE Sub -vendors: The DBE Officer will monitor the amount actually paid by the VENDOR to Sub-vendors, and will require the VENDOR to provide monthly reports of payments to DBEs.
A letter will be sent to the DBE Sub-vendors to verify the dollar amount.
The amount awarded to the DBE, the amount paid to the DBE as stated by the VENDOR, and the amount paid to the DBE as verified by the DBE, will be reported to the Federal Transit Administration (FTA).
Contract Change or Amendment: When a contract change or amendment is made, the VENDOR will submit a statement to the DBE Officer regarding how the change may affect DBE sub-contracting.
Reporting DBE Participation: The VENDOR is required to report all DBE participation on their contract whether or not the contract contains a specified DBE goal. The VENDOR is not to count participation of a DBE Subvendor until the amount being counted has been paid to the DBE.
Counting DBE Participation toward the Contract Goal: Only the work actually performed by a DBE will be counted towards the DBE goal. The cost of supplies and materials obtained by the DBE or equipment leased (except from the VENDOR or its affiliate) may also be counted.
Commercially Useful Function: Work that a DBE sub-contracts to a non-DBE firm does not count toward DBE goals. Expenditures may only be counted if the DBE is performing a commercially useful function. A
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DBE should perform at least 30 percent of the total cost of its contract with its own work force. Decisions on commercially useful function are subject to review by the FTA, but are not administratively appealable to DOT.
If materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost will be counted. If the materials and supplies are purchased from a DBE regular dealer, 60 percent of the cost will be counted.
DBE Replacement: The VENDOR must make a good faith effort to replace a defaulting DBE Sub -vendor with another certified DBE. The VENDOR must immediately notify the DBE Officer of the DBE’s inability to perform, and provide reasonable documentation. The VENDOR must receive prior written approval on the substitute DBE from AGENCY. The VENDOR will provide copies of new or amended subcontracts and copies of the substitute DBE’s current Letter of Certification and current Statement of Personal Net Worth.
If the VENDOR proposes to replace a DBE Sub -vendor with a non -DBE, sufficient good faith efforts documentation must be provided. If the VENDOR fails or refuses to comply in the time specified, AGENCY will issue an order stopping all, or part of, payment/work until satisfactory action has been taken. If the VENDOR still fails to comply, AGENCY may issue a termination for default proceeding.
Evaluation of Proposals with DBE Goals: After the proposal opening, or submission of proposals, the DBE Officer shall evaluate all proposals with regard to the DBE requirements to determine a recommendation for award of contract. The responsible proposer, who also meets the Contract -specific go al or demonstrates good faith efforts, shall be recommended for contract award. In the event that the proposer does not meet the Contract-specific goal or demonstrate good faith efforts, the DBE Officer shall evaluate the next proposal.
BUY AMERICA
The Buy America requirement provides that Federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:
A. When its application is against the public interest (as decided by the FTA Administration on a case-by-case basis).
B. When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
C. When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 65 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S.
D. When the inclusion of domestic material will increase the over-all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.
The VENDOR, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Procurement Analyst at least fifteen (15) days prior to proposal opening.
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When a petition for investigation has been filed with FTA before award, the AGENCY reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening o f proposals, the AGENCY reserves the right to not open proposals prior to the resolution of the investigation by FTA. The VENDOR and all Sub -vendor with contracts of $100,000 or more are required to certify compliance or non -compliance with this provision by submitting the attached “Buy America” Provision, with the proposal.
REMEDIES/SANCTIONS FOR BREACH OF CONTRACT
Pursuant to Article XII of the Contract, the AGENCY may terminate the Contract if the successful Proposer breaches the terms or violates the conditions of the Contract, and does not cure such breach or violation within the specified time period. The successful Proposer shall be liable for any and all costs incurred by AGENCY as a result of such default, including but not limited to re -procurement costs of the same or similar services defaulted by the successful Proposer under this Contract [49CFR 18.36(i)(2)].
FEDERAL PROHIBITED INTEREST
No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising there from {FTA Grant Agreement, Part II, Sec. 114 (m)}.
LOBBYING
VENDORS who apply or proposal for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, “Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any p erson or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract , grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
If the successful offeror, and/or primary Sub-vendor, did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to AGENCY. Form is available upon request.
CLEAN AIR REQUIREMENTS
The VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The VENDOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The VENDOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
CLEAN WATER REQUIREMENTS
The VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. The VENDOR agrees to report
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each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The VENDOR also agrees to include these requirements in each sub-contract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
CARGO PREFERENCE
The VENDOR agrees to the following clauses for the purchase of equipment, materials or commodities that may be transported by ocean vessel in carrying out the project:
A. To use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities purs uant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.
B. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on -board” commercial ocean bill -of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, and to AGENCY (through the VENDOR in the case of a Sub-vendor's bill-of-lading).
C. To include these requirements in all sub-contracts issued pursuant to this contract.
FLY AMERICA REQUIREMENTS
The VENDOR agrees to comply with 49 U.S.C. § 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their vendors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The VENDOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The VENDOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation.
STATE LABOR PROVISIONS/LABOR COMPLIANCE/ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Prevailing Wage Rates: Attention is directed to the requirement that no less than the Prevailing Wage Rates shall be paid on this project. Certified Payrolls on AGENCY-approved State forms are required for all workmen. Rates of pay will be current State of California, as shown in the "General Prevailing Wage Rate" Manual as determined by the State Director of Industrial Relations.
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VENDOR agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. FTA Grant Agreements, part II, section 119 (a).
Pursuant to the provisions of Section 1770 of the California Labor Code of the State of California, not less than the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, shall be maintained at all times during the course of the Contract. These rates are made a part of this Contract by reference.
The VENDOR shall comply with Section 177.5 of the Labor Code of State of California for all apprentice- able occupations.
Labor Compliance: It is the policy of AGENCY that all VENDORS and Sub-vendors engaged in public works construction shall adhere to applicable laws and regulations. In accordance with this policy, for the duration of this Contract, AGENCY shall institute a labor compliance program to monitor compliance.
The VENDOR shall cooperate fully with Labor Compliance monitoring efforts and the representatives engaged in this effort.
Because this project is subject to the provisions of State and Federal law governing public works contracts, all pertinent statutes and regulations are hereby incorporated by reference into this document as if set forth in their entirety, including Copeland Anti-Kickback Act requirements of 29 CFR part 3, Davis-Bacon and Related Act requirements of 29 CFR parts 1, 3, and 5, and Contract Work Hours and Safety Standards Act requirements of Section 107, 40 U.S.C. § 333 and 29 CFR part 1926. VENDORS and Sub-vendors by entering into, or performing work under this project agree to comply with all provisions of the law that apply to public works. It is the responsibility of the VENDOR to obtain and adhere to the latest edition of the statutes and regulations including, but not limited to, the following:
A. Apprentices - All apprentices employed on this project shall be bona fide apprentices registered with the State of California, Division of Apprenticeship Standards.
B. Certified Payroll - All VENDORS shall submit weekly certified payroll records for all laborers and mechanics furnishing labor to the project not later than ten calendar days after the closed payroll period.
C. Payment Of The Prevailing Wage - The VENDOR and all Sub-vendors under him shall pay not less than the specified prevailing wage rate to all workmen employed in the execution of the contract.
D. Working Hours - The VENDOR shall pay workers employed on the Contract not less than the appropriately specified straight time and overtime prevailing wages for all hours worked.
E. Employee Interviews - AGENCY, through its representatives, will conduct weekly on-site interviews of workers employed on the Contract. The interviews shall be conducted without the interference or obstruction of the VENDOR. No worker who is interviewed is to be threatened, coerced, or intimidated.
Violations: AGENCY will take cognizance of violations of the prevailing wage and public works laws committed during the course of this Contract. Such evidence of violation may result in the assessment of
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penalties and forfeitures to the fullest extent allowed by law until compliance has been strictly effectuated. AGENCY may suspend or terminate a contract, or debar a VENDOR from future contracts, for breach of the Labor Compliance Requirements.
Contract Work Hours and Safety Standards Act
A. Overtime requirements - No VENDOR or sub-vendor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the VENDOR and any sub- vendor responsible therefore shall be liable for the unpaid wages. In addition, such VENDOR and sub vendor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5.
C. Withholding for unpaid wages and liquidated damages – AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the VENDOR or sub vendor under any such contract or any other Federal contract with the same prime VENDOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime VENDOR, such sums as may be determined to be necessary to satisfy any liabilities of such VENDOR or sub vendor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.
D. Sub-Contracts - The VENDOR or sub-vendor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the sub vendors to include these clauses in any lower tier sub-contracts. The prime VENDOR shall be responsible for compliance by any sub-vendor or lower tier sub-vendor with the clauses set forth in this section.
E. Payrolls and basic records - Payrolls and basic records relating thereto shall be maintained by the VENDOR during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages
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paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the VENDOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. VENDORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
SEISMIC SAFETY
The VENDOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The VENDOR also agrees to ensure that all work performed under this Contract including work performed by a sub vendor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
SAFETY AND HEALTH REGULATION
The VENDOR agrees to comply with Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § 333, and applicable U.S. Department of Labor regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the VENDOR agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
The VENDOR also agrees to include the requirements of this section in each sub-contract.
FEDERAL ENERGY CONSERVATION REQUIREMENTS
The VENDOR agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
RECYCLED PRODUCTS
The VENDOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The VENDOR also agrees to include these requirements in each sub-contract.
ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES
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The Prime VENDOR and all Sub-vendors on this project are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C.A. § 1612; and the following regulations and any amendments thereto:
A. U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37;
B. U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
C. U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
D. Department of Justice (DOJ) regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;
E. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
F. General Services Administration regulations, “Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19.
G. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;
H. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47 C.F.R. Part 64, Subpart F; and
I. FTA regulations, “Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.
PRIVACY ACT
The VENDOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.
The VENDOR also agrees to include these requirements in each sub-contract.
FEDERAL DRUG AND ALCOHOL REGULATIONS
A. Vendor hereby certifies that it will provide a drug and alcohol-free workplace and shall at all times during the term of the contract, observe and comply with the U.S. Department of Transportation and Federal Transit Administration’s Drug and Alcohol testing regulations.
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B. Vendor should establish and maintain a drug and alcohol policy to assure employee fitness for duty and to protect employees, passengers, and the public from the safety and health risks posed by the misuse of alcohol and the use of prohibited drugs. The policy shall comply with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They shall include the regulations promulgated by the U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) , and include the following: DOT 49 CFR Part 40, as amended (”Procedures for Transportation Workplace Drug and Alcohol Testing Programs”); FTA 49 CFR Part 655 (“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”); DOT 49 CFR Part 29 (“Drug-Free Workplace Act of 1988”); and California Government Code Sections 8350 et seq. (“Drug-Free Workplace Act of 1990”). The Policy shall incorporate the requirements of the above regulations for safety-sensitive employees.
C. Vendor must submit its drug and alcohol testing policy to the City
D. City must certify annual compliance to FTA and shall provide assistance to Vendor in completing annual Management Information Systems reports during the term of the contract.
i. Vendor shall submit to City drug and alcohol testing data using the appropriate FTA prescribed forms on an annual basis, no later than February 15th of each year following the close of the previous calendar year.
ii. Vendor shall submit to City drug and alcohol testing data using the appropriate FTA prescribed forms on an annual basis, no later than February 15th of each year following the close of the previous calendar year.
City of Montebello
Department of Transportation
400 South Taylor Avenue
Montebello, CA 90640
Attn: Drug and Alcohol Program Manager
E. Vendor shall provide City or designee with quarterly drug and alcohol testing reports using the applicable forms required by the FTA. The quarterly report must be submitted no later than the 15th of the month following the close of each quarter, as described below.
Continued payment of Vendor invoices by City is contingent upon Vendor submission of the required reports on a timely basis and compliance with DOT and FTA mandated rules.
Quarterly Drug and Alcohol Reporting Submit By:
1st Quarter Jan. Feb. Mar April 15th
2nd Quarter Apr. May Jun. July 15th
3rd Quarter Jul. Aug. Sep. October 15th
4th Quarter Oct. Nov. Dec. January 15th
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F. The Project Manager for Vendor shall be responsible for the ongoing monitoring of Vendor compliance with DOT and FTA regulations, including ensuring that the quarterly and annual reports, as described above, are submitted on time.
G. City reserves the right to audit Vendor compliance on an annual basis by designated City staff or designee which may include site visits and mock collections, and report findings to the Director of Transportation and Project Manager responsible for the contract.
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SECTION 5 – SCOPE OF WORK
BACKGROUND
The City of Montebello and Montebello Bus Lines (MBL) are seeking proposals from qualified vendors to provide tire lease services for MBL’s 66-bus fleet, consisting of 2009-2025 New Flyer vehicles. The selected vendor will supply high -performance tires designed for urban heavy -duty transit buses, along with tire maintenance services, including inspections, inflation checks, tread monitoring, and timely replacements.
PROJECT OVERVIEW
The objective of this project is to provide bus tire lease services for Montebello Bus Lines' 66 -bus fleet, consisting of New Flyer vehicles. The selected vendor will supply and deliver high -performance tires designed for urban heavy -duty transit buses, along with providing tire maintenance services, including regular inspections, inflation checks, tread monitoring, and timely replacements. The vendor will be responsible for ensuring tire performance, compliance with safety standards, and the use of durable , commercial-grade materials. Additionally, the vendor will provide the necessary tools, equipment, and expertise to maintain the fleet’s tires throughout their service life, ensuring optimal operational efficiency and safety.
The vendor will provide the following deliverables, subject to prior MBL approval, according to a schedule approved by the project manager. Typically, this will consist of business hours from 5:30 PM to 1:30 AM (Pacific Standard Time), Sunday through Thursday. The deliverables are as follows:
TIRES FURNISHED:
Only new radial tires, no retreads, will be furnished and will be capable of being re -grooved. Use of re - grooved tires is limited to the rear axle of transit vehicles and such re -grooved tires shall comply with all Federal and State laws and regulations. The cost for re -grooving tires shall be borne by the LESSOR. The recommended tire is a 55 MPH G152 Metro Miler radial or approved transit tire equal, size 12R22.5 and B305 70R/22.5. Approved equals may include Firestone CTR or Michelin XZU2; subject to final acceptance by MBL after receipt of the RFP and subsequent verification of specifications and review of references.
Vendor will be responsible for controlling tire order/delivery through the end of the contract/extension to ensure minimum levels are maintained.
All tires will be branded with their own group or unique identification number prior to delivery and accurately listed in the monthly report.
STORAGE OF SPARE TIRES:
MBL will furnish adequate storage space and workspace for maintenance of tires used on its vehicle at no charge to the Vendor. MBL will provide a storage area for scrap tires. Vendor is responsible for the removal of scrap tires. No more than 20 scrap tires will be stored at any given time, without approval from the Vehicle Maintenance Manager.
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PRICE FOR LEASE TIRES:
The price quoted shall be stated on a per-tire-mile-used basis for the furnishing of six (6) tires per vehicle.
The same rate per mile shall also apply to mileage accumulated by re-grooved tires, if any.
TAXES:
MBL is exempt from payment of Federal Excise Taxes. MBL is subject to California State Sales Tax. A Federal Tax Exemption Certificate will be provided to the Vendor.
TITLE OF TIRES:
Ownership and title to any leased tires shall remain with the LESSOR until a tire is purchased by MBL as provided for at the expiration of the agreement, expiration of the run -out period, or in a Scrap Tire Agreement.
SAFETY CERTIFICATION:
The supplier shall furnish written certification that the tires furnished under the contract will comply with all Federal, State, and local laws and regulations.
PROJECTED ANNUAL MILEAGE:
The projected annual mileage for the MBL fixed route fleet is approximately 1,987,000 which may increase or decrease over the life of the contract.
FIXED RATE:
Associated costs are based on actual bus (tire) mileage plus a fixed monthly service rate and a per tire sales/use tax. Supplier shall propose a fixed per mile, tire mileage lease rate for each year of the contract and an annual monthly fixed service charge for each year of the contract (Reference).
The tire mileage lease rate will be based upon the actual mileage used. There will be no charge for unused tread. MBL will only pay for mileage used.
A. Damaged Tire Charge and Tire Valuation Formula
- Cost for normal damaged tires shall be included in the rate per tire mile. Normal damage to a tire means for abuse by partial or total destruction of a tire by means other than normal wear, including irregular wear, damage for brake heat, curbing, road hazards, and misalignment. MBL agrees to maintain buses’ suspension and steering in accordance with bus manufacturer’s alignment specifications and keep brakes properly adjusted. Tires which are damaged beyond repair: an accident or fire, vandalism, or have been lost, sold, or purchased shall be paid for by the operator; paying for any mileage remaining, less the mileage already paid for on the damaged tire. Value shall be fixed for the term of the contract.
Value of a New Leased Tire Estimated Mileage of a
New Leased Tire
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12R22.5 $______________ ______________Miles
B305 70R/22.5 $______________ ______________Miles
When a tire is not available for inspection to apply the above formula whether lost, stolen or otherwise missing, destroyed by a fire, involved in a collision or accident; MBL shall not reimburse the vendor in excess of fifty percent (50%) of the current value of a similar tire unless the Vendor can provide an auditable accounting of the tires accurate mileage prior to the loss.
B. Scrap Tires
All costs related to scrap tires or core cost shall be the responsibility of the Vendor/Lessor only for the Vendor’s tires.
Vendor shall provide and mount uncut scrap tires on out-of–service buses or buses to be sold.
Scrap tires provided to MBL shall be provided at no cost to MBL.
SERVICE
A. Maintenance
i. Tire inspections, maintenance and repairs are the responsibility of the Vendor. Tire pressure is the responsibility of the Vendor and will be performed weekly on the entire active bus fleet.
ii. LESSOR will make wheel changes to and from buses in the MBL garage during established hours. LESSOR will mount and dismount tires from rims; conduct daily bump test and weekly fleet tire inspections; and repair all tires and supply all the equipment, materials and labor necessary to perform such service. MBL will provide a tire mounting and dismounting machine for VENDOR/LESSOR’s use.
iii. The LESSOR will be responsible for mounting and dismounting tires and ensuring all wheel nuts are properly torqued. If for any reason the tire machine provided by MBL fails to perform, all wheel nuts must be hand torqued to manufacturer’s specifications. All nuts must be safety striped after torqued . MBL will supply all wheels and wheel nuts.
iv. LESSOR shall clean and polish the equivalent of ten (10) vehicle wheels per week. This is equivalent to 40 outer aluminum wheels, and cleaning 20 inner aluminum wheels per week. Wheels will be polished on site. Polish and polishing equipment will be provided by MBL.
v. If the LESSOR does not perform to this standard, MBL will give the LESSOR three (3) written notices allowing the LESSOR the opportunity to rectify the situation. In the
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event that after written notices have been given to the LESSOR and the issues are not resolved, MBL will contract with a vendor to bring its vehicles to an acceptable condition. MBL will then charge the LESSOR $100 per hour for the job.
B. Equipment
i. LESSOR will keep on hand a sufficient number of mounted spare tires for buses, so that lessee at all times must have a satisfactory stock of tires to ensure continuous operation of its buses and will not rotate rims from front to back . MBL will provide the wheels.
ii. Vendor is responsible to maintain the equipment in a safe operating condition and report any defects immediately. MBL will bear the cost of parts and repair service required due to normal wear and routine maintenance.
iii. Training for the proper use of the equipment is the responsibility of the Vendor.
Misuse of MBL equipment, that requires repairs be performed due to the Vendor’s misuse of the equipment, will be the accountability of the Vendor.
iv. Equipment provided by MBL:
a. Boxer king tire changer that MBL will service
b. Tire groover
c. Buffing equipment
d. Air compressor
e. Vehicle lift (as needed basis)
v. Torque wrench shall be provided by the VENDOR/LESSOR and maintained to manufacturer’s specifications, calibrated in accordance with manufacturer’s requirements. A tag shall be placed on the torque wrench indicating certification. All other equipment is to be provided by VENDOR/LESSOR.
C. Personnel
i. Working hours- 5:00pm to 1:30am, Sunday through Thursday, will be established by mutual agreement of the City of Montebello’s Vehicle Maintenance Manager or supervisor and VENDOR/LESSOR. Working hours will not exceed 40 hours per week.
A time clock is supplied by the Vendor.
ii. Certified Heavy Duty Tire Mounter/Installer - LESSOR will provide one (1) person certified as a heavy duty tire mounter/installer who has a minimum of five (5) years experience. The designated individual will also have a valid class C California driver license fully trained to operate a transit coach and be capable of being trained by MBL designated staff to maneuver vehicles on the property. The person will not be authorized to remove the bus from the premises. When assisting with tire changes
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off site, that person will not be operating a City vehicle. An MBL mechanic or designated staff will provide transportation.
iii. Project Manager - LESSOR will designate one (1) individual that will oversee this contract. Said person will have no less than five (5) years experience overseeing similar bus tire leasing and maintenance services activities.
D. Monthly Service Charges will be billed for the preceding month. Cost will be for one (1) person (tire service attendant), MBL reserves the right to establish hours worked. Billing should be based on a per month rate at 40 hours per week. MBL further reserv es the right to review time cards and will be credited for any hours not worked. The per month rate should be based on the tire maintenance of a sixty-six (66) bus fleet and should include all fringe benefits and holidays for one (1) person and shall comply with all federal drug and alcohol policies 49CFR Part 654 and 49CFR Part 653, including random drug and alcohol testing procedures.
E. A weekly tire pressure check will be performed on all active fleet buses, documented and submitted for permanent record; along with a weekly wheel polishing report.
F. MBL reserves the right to increase the amount of service if the current fleet of 66 buses increases in size. The proposer’s hourly rate will be used to calculate additional hourly costs incurred due to an increase in fleet size.
G. Coverage- At no time should MBL be without the services of the person provided by the LESSOR. Necessary arrangements shall be made by LESSOR to provide continuous coverage when the person is unavailable due to sickness or scheduled vacation. LESSOR shall n otify MBL immediately of such events. If and in the event the LESSOR is unable to provide a person with a class C driver’s license or one capable of performing up to the criteria described in this specification, MBL shall contract or perform the services described and bill the LESSOR at the rate of $100 per hour for services rendered.
PLAN OF ACTION:
Proposer will include a Plan of Action with the RFP submittal; detailing how they intend to fulfill the scope of work. The plan should encompass but not be limited to industry standards for bus tires; description of how the scope of work will be implemented; demonstrated compliance with terms and conditions; timeline; plan for old product transition and phase in of new product; a proposed labor force and oversight plan.
NEW BUSES:
All buses purchased by MBL during the term of this tire mileage contract may be purchased with or without tires. In the event that MBL acquires a bus without tires, VENDOR/LESSOR is responsible for providing new radial tires. VENDOR/LESSOR will be notified of such so that the tires can be supplied at the North American plant of the vehicle manufacturer.
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Buses purchased with tires will become the property of MBL; such tires shall come under the existing tire service contract at the then current monthly service charge. When buses of a different make/model than those covered at contract inception, or one(s) requiring a different size/construction type of tire, are introduced into service on leased tires, a separate tire rate shall be negotiated between MBL and VENDOR/LESSOR.
REMOVAL OF BUSES FROM SERVICE:
If MBL is required to permanently dispose of or remove from service, part or all of its fleet or equipment, it will give written notice to LESSOR.
If MBL does remove or sell certain buses equipped with LESSOR’s tires, such tires will be removed and used on other MBL buses, or the LESSOR may assist MBL in selling the tires to any person or company at the price satisfactory to the LESSOR.
KEEPING RECORDS AND PAYMENT:
The LESSOR shall keep all records of tire transfers and such other records necessary or required {49 CFR, 18.36 (8&9)}.
MBL will keep the mileage record of each bus and shall furnish the LESSOR with a list of each vehicle together with the monthly mileage for each vehicle at the end of each and every month during the term of the contract. Such report or record will be used by the LESSOR in computing the monthly statement.
MBL will pay the LESSOR the lease payment due under the contract within thirty (30) days from date invoice is received.
The LESSOR shall provide accurate and detailed monthly reports to the MBL Vehicle Maintenance Manager. Monthly Reports shall be generated in an electronic format and shall include, but not be limited to the following:
A. Average Miles Per Tire– The average tire mileage for each specific type of tire in the MBL fleet.
B. Scrap Tires Removed– A summary of all tires removed from service by the LESSOR during the previous month by size, identifying number of tires removed, and total miles operated and total miles operated for each tire removed C. Weekly Tire Pressure – Shall be performed, documented by bus number, and submitted monthly.
D. Weekly Wheel Polishing Report a monthly report shall be submitted by bus number, listing which wheels were polished each month.
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E. Daily Bump Test – A list, by bus number, of daily bus tests.
F. Damaged Tires– A detailed report of all damaged or destroyed tires, which shall include the specific bus number and date on which the damage occurred and the tire brand number shall be sent to the MBL Fleet Maintenance Manager.
G. All reporting shall be done electronically.
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SECTION 6 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The 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 sub vendors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major sub vendors 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 7 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
BUS TIRE LEASE SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2025, 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 tire lease services, including the delivery and maintenance of transit bus tires for the CITY’s fleet to ensure safe and efficient operations; 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 June 26th, 2025 (RFP No. [25-14]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Vendor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 25-14, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 25-14 dated ……………., 2025, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 25-14 dated ……………., 2025, 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 defective, a nd the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at VENDOR's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2025 and shall be valid for an initial term three-year (3- year) term, with the option to extend for an additional two (2), one-year (1-year) terms.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.
C. VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
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D. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub -vendors to assist in the completion of services as herein defined.
Compensation for additional individuals, Vendors, or sub -vendors shall be the sole and exclusive responsibility of the VENDOR.
E. VENDOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, VENDOR shall make all records, invoices, 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-vendors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall 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 previ ous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by VENDOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to VENDOR in the event of any default or
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breach by CITY, or for any amount which may become due to VENDOR.
SECTION 11. INDEPENDENT VENDOR.
A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub-vendors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-vendors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that VENDOR or any employee, agent, or sub -vendor of VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-vendors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub-vendors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. 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 vendors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. VENDOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by VENDOR for CITY and to require each of its sub -vendors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, VENDOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work
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hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
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-vendors, 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 -vendors, from waiving the right of subrogation prior to a loss.
VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether 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-vendor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub -vendors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce 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.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the
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prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any oth er 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, d elivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreemen t referred to in this Agreement.
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G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, VENDOR shall not discriminate against any employee, sub- vendor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. VENDOR will take affirmative action to ensure that sub -vendor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
VENDOR and its officers, employees, associates and sub -vendors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.
VENDOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by VENDOR under this Agreement, or which would conflict in any manner with the performance of it s services hereunder. VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY 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 under this section shall survive the termination of this Agreement.
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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 8 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 25-14
BUS TIRE LEASE 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,
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
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The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
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(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
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.25-14, BUS TIRE LEASE 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 ho ld harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, sub vendors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 2 5-14 BUS TIRE LEASE 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 provi sion, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnific ation provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or ( b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent , or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
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EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
RFP No. 25-14
Montebello Bus Lines
EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the ins urer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage s and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
RFP No. 25-14
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 25-14
Montebello Bus Lines
EXHIBIT D
RFP No. 25-14
BUS TIRE LEASE 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.
: Description Cost/Fees
List other costs/fees:
Quantity Description of Work Cost of Needs
Lump sum BUS TIRE LEASE SERVICES $
$
$
$
$
$
$
TOTAL $
RFP No. 25-14
Montebello Bus Lines
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
RFP No. 25-14
Montebello Bus Lines
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
RFP No. 25-14
Montebello Bus Lines
EXHIBIT F
Bidder’s List of Sub vendors (DBE and Non-DBE)
Part I
The bidder shall list all sub vendors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Sub vendors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
RFP No. 25-14
Montebello Bus Lines
Part II
The bidder shall list all sub vendors who provided a quote or bid but were not selected to participate as a sub vendor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
RFP No. 25-14
Montebello Bus Lines
EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
RFP No. 25-14
Montebello Bus Lines
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Vendor’s Name:
Authorized Signature:
Title:
Date:
RFP No. 25-14
Montebello Bus Lines
EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Vendor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragr aph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amo unt payable by the City to Vendor under the Contract and any amendments thereto, less the amount properly paid by the City to Vendor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
RFP No. 25-14
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
RFP No. 25-14
Montebello Bus Lines
EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
RFP No. 25-14
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
Montebello Bus Lines
EXHIBIT L
“BUY AMERICA” PROVISION
This procurement is subject to the Federal Transit Administration "Buy America" Requirements in 49 CFR Part661.
A "Buy America" Certificate, as per the format presented below, must be completed and submitted with the proposal/proposal. A proposal/proposal which does not include the certificate will be considered non-responsive.
A waiver from the "Buy America" Provision may be sought by ___________________________ if grounds for the waiver exist.
Section 165a of the Surface Transportation Assistance (STA) Act of 1982 permits FTA participation on this contract only if steel, cement, and manufactured products used in the contract are produced in the United States.
Buy America Certificate
This certification shall be fully executed by all bidder/proposers submitting bids/proposals.
The _____________________________________________ hereby certifies that:
(Name of bidder/proposer)
____All of the manufacturing processes for steel and manufactured products take place in the United States and all items or material used in the product must be of United States origin. ____The cost of rolling stock and bus components produced in the United States is more than 50 percent of the cost of all of the components and final assembly takes place in the United States.
BY:______________________________________
Signature of Company Official
______________________________________
Official’s Title
______________________________________
Date
Or
The bidder/proposer hereby certifies that it cannot comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982, but may qualify for an exemption to the requirement pursuant to Section 165b of the STA Act and regulations in 49 CFR 661.7.
RFP No. 25-14
Montebello Bus Lines
Signature _____________________________________________________________________ Title _______________________________________________________________________ Date ________________________________________________________________________
EXHIBIT M
Certification of Drug-Free Workplace
I,__________________________________, hereby certify on behalf of (Name of authorized official)
______________________________________that:
(Name of company)
The VENDOR named above, and all Sub -Vendors working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug -free workplace. The VENDOR and all Sub-Vendors will, therefore:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace.
2. The firm’s policy of maintaining a drug-free workplace.
3. Any available counseling, rehabilitation, and employee assistance programs and,
4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.
Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
1. Will receive a copy of the firm’s drug-free policy statement, and:
2. Will agree to abide by the terms of the firm’s statement as a condition of employment on the contract.
Certification
I, ___________________________________, hereby certify that the above named company, which I am duly authorized to represent, will comply with the Drug-Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.
Executed this_________ day of___________, 20________
By_____________________________________________
RFP No. 25-14
Montebello Bus Lines
(Signature of Authorize Official)
_______________________________________________
(Title of Authorized Official)
Bidder________________________________________________________________________
EXHIBIT N
Certificate of Compliance with 49 CFR Part 655
Prevention Of Alcohol Misuse and Prohibited Drug Use in Transit Operations Bider hereby certifies that
A. Anti-drug Use and Alcohol Misuse Program
(Choose one Alternative with an X in the box)
☐1. Bidder/Proposer has established and implemented an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655.
Or
☐2. Bidder/Proposer will establish and implement an anti -drug use and alcohol misuse program meeting the requirements on 49 CFR 655 prior to contract award.
B. Drug and Alcohol Testing Program
(Choose on alternative with an X in the box)
☐1. To the best of my knowledge and belief the Work required under the Contract will not require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655.
Or
☐2. To the best of my knowledge and belief the Work required under the Contract will require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655. (If Alternative 2 was chosen, select one of the following alternatives with an X in the box) ☐a. Bidder/Proposer has established and implemented a drug and alcohol testing program that complies with 49 CFR Part 655.
☐b. Bidder Proposer will establish and implement a drug and alcohol testing program that will comply with 49 CFR Part 655 prior to contract award.
C. Certification
Bidder will submit its Anti-drug Use and Alcohol Misuse Program, and, if B.2 was marked above, its Drug and Alcohol Testing Program, to City of Montebello - Department of Transportation for review and approval prior to contract award.
RFP No. 25-14
Montebello Bus Lines
Bidder/Proposer: ______________________________________________________________ Authorized
Representative:_______________________________________________________________ Signature of Authorized
Representative:_______________________________________________________________ Title:____________________________________Date:________________________________
PROPOSAL PRICE SCHEDULE
PROPOSER NAME:
By execution below, proposer hereby offers to furnish services and materials at the price and terms stated herein subject to the specifications, instructions, and conditions which are part of RFP NO. 25-14 COST: Year 1
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 2
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 3
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 4 Optional
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
Year 5 Optional
Tire Size Est. Annual Vehicle
Miles
No. of Wheels Annual Tire Rate
Per Mile
Est. Annual
Rental/Charge
$ $
Monthly Service Rate 12 Months – 1 Person Cost Per Person Per Hr. $
Monthly Charge
1 @ $
$
Total $
Goal Proposer’s Submittal Amount
DBE Participation % $
Total Contract Amount in Words:
FLEET COMPOSITION BREAKDOWN
No. Of Buses Make Year Length No. Of Wheels Retarder W.C.L. Vehicle Weight Fuel 1 3 New Flyer 2008 41' 6 Electric Yes 42,540 Electric Battery 2 4 New Flyer 2009 35' 6 Electric Yes 28,400 Hybrid Gas 3 15 New Flyer 2010 40' 6 Electric Yes 27,400 Hybrid Gas 4 3 New Flyer 2011 40' 6 Yes Yes 31,700 CNG
5 4 New Flyer 2012 40' 6 Yes Yes 31,700 CNG
6 8 New Flyer 2013 40' 6 Yes Yes 31,700 CNG
7 7 New Flyer 2016 40' 6 Yes Yes 31,700 CNG
8 5 New Flyer 2018 40' 6 Yes Yes 31,700 CNG
9 1 New Flyer 2020 40' 6 Yes Yes 31,700 CNG
10 9 New Flyer 2021 40' 6 Yes Yes 31,700 CNG
11 7 New Flyer 2023 40' 6 Yes Yes 31,700 CNG
CITY OF MONTEBELLO
REQUEST FOR PROPOSALS
RFP No. 25-14
Bus Tire Lease Services
RFP DUE: July 31, 2025 3 PM
TECHNICAL PROPOSAL
THE GOODYEA
R TIRE & RUBBER COMPANY
200 Innovation Wa
y D710
Akron, OH 4
4316-0001
ATTACHMENT C
The Goodyear Tire & Rubber Company
200 Innovation Way
Akron, Ohio 44316-0001
DATE July 31, 2025
TO Robert Fierro
Acting Senior Management Analyst
City of Montebello
Department of Transportation / Montebello Bus Lines
400 South Taylor Avenue
Montebello, CA 90640
SUBJECT Request for Proposal
No. 25-14 Bus Tire Lease Services
Technical Proposal
The Goodyear Tire & Rubber Company is pleased to offer our submission for tire leasing for a potential total period of five years.
Please contact me with any questions regarding the submission at:
Walter L. Welker
Manager Business Operations; Contract Acquisition and Compliance The Goodyear Tire & Rubber Company
200 Innovation Way D/710
Akron, OH 44316-0001
Phone: 330-796-2862
Fax: 330-796-5641
Email: [email protected]
We appreciate your consideration and look forward to discussing our submission to this procurement.
Best Regards,
Walter L. Welker
Manager Business Operations
Contract Acquisition and Compliance
Mileage Sales, Lease and Service
TABLE OF CONTENTS
COMPANY INFORMATION
REFERENCES
TIRE INFORMATION
SAFETY CERTIFICATION
GOODYEAR MANAGEMENT/STAFF
GOODYEAR FIELD MANAGEMENT/STAFF
GOODYEAR ANTI-DRUG & ALCOHOL MISUSE POLICY
WORK PLAN / PLAN OF ACTION
THE GOODYEAR TIRE & RUBBER COMPANY
200 Innovation Way D710
Akron, OH 44316-0001
The Goodyear Tire & Rubber Company , an Ohio corporation founded in 1898, is one of the world’s leading tire companies with operations in most regions of the world. With one of the most recognizable brand names in the world, Goodyear develops, manufactures, and distributes tires for most applications.
An Innovation Center located in Akron, OH and tire test tracks in San Angelo, TX, enable Goodyear to maintain its leadership position in product improvements and innovations.
Goodyear has been leasing tires for most of our nearly 127 years of history, which currently includes almost 80 different transit system locations in North America (four of the largest ten transit bus fleets).
Over a hundred years of leasing tires to the bus industry attests to Goodyear's experience and expertise in providing tire leasing and maintenance services.
Information regarding our executive leadership can be found at:
https://corporate.goodyear.com/en-US/about/leadership.html Financial reporting including annual reports can be accessed at:
https://corporate.goodyear.com/en-US/investors/financial-reports.html The location of our world headquarters and corporate offices is at:
200 Innovation Way
Akron, OH 44316-0001
THE GOODYEAR TIRE & RUBBER COMPANY
200 Innovation Way D710
Akron, OH 44316-0001
REFERENCES
Los Angeles County Metropolitan Transportation Authority 1954 buses
James Jimenez; Senior Manager, Quality Assurance
One Gateway Plaza; Los Angeles, CA 90012
213-922-5870 / [email protected]
Contract(s):
July 1, 2024 to June 30, 2029
October 1, 2017 to June 30, 2024
September 1, 2010 to September 30, 2017
Golden Gate Bridge Highway & Transportation District
214 buses
Keith Nunn; Maintenance Manager
1011 Andersen Drive
San Rafael, CA 949401-5381
415-257-4459 / [email protected]
Contract(s):
August 1, 2020 to July 31, 2026
April 1, 2015 to July 31, 2020
April 1, 2010 to March 31, 2015
February 1, 2005 to March 31, 2010
February 1, 2000 to January 31, 2005
Central Contra Costa Transit Authority (The County Connection) 128 buses
Scott Mitchell; Director of Maintenance
2477 Arnold Industrial Way
Concord, CA 94520
925-676-1976 ext. 404 / [email protected]
Contract(s):
November 1, 2020 to October 31, 2025
November 1, 2015 to October 31, 2020
September 1, 2010 to October 31, 2015
June 1, 2005 to August 31, 2010
February 1, 2000 to May 31, 2005
City of Norwalk
31 buses
Janet Welde; Senior Management Analyst
12650 Imperial Highway; Norwalk, CA 90650
562-929-5600 / [email protected]
Contract(s):
July 1, 2024 to June 30, 2029
July 1, 2019 to June 30, 2024
July 1, 2014 to June 30, 2019
July 1, 2009 to June 30, 2014
September 1, 2002 to June 30, 2009
December 1, 1996 to August 31, 2002
TIRE INFORMATION
The following Goodyear tires provided for this procurement are:
305/70R22.5 Metro Miler G652
The enclosed brochures detail load carrying capacity and dimensional information. All traditional
22.5” tires are approved with 8.25” or 9.00” rim width usage. While the tires provided can be regrooved and are stamped REGROOVEABLE, they do not require regrooving.
Goodyear ships tires via rail or common carrier from the manufacturing plants to a Goodyear Distribution Center; inventory is maintained in a protected stock class for exclusive use by Goodyear's mileage lease customers.
Goodyear uniquely and individually brands tires prior to delivery. Goodyear assures delivery within 30 days after receipt of order by Goodyear's Order Desk (1-800-MILEAGE).
Goodyear furnishes all valve hardware and repair materials, including use of high-temperature Dill 632 or equivalent metal valve caps and Dill 402AH or equivalent valve cores. Goodyear's Tire Technology tests and certifies all tire repair materials provided during the contract term.
Goodyear's "Tire Maintenance Manual" (a copy can be furnished upon request) details aspects of Goodyear's tire service program.
Though Goodyear publishes no printed warranty policy for mileage tires, under a Goodyear lease Goodyear replaces (at no additional charge to the Operator) any tires found to be defective due to material defect or workmanship.
THE GOODYEAR TIRE & RUBBER COMPANY
200 Innovation Way D710
Akron, OH 44316-0001
TRANSIT•AUTHORITY
TOUGHNESS FOR CITY TRANSIT APPLICATIONS
METRO MILER G652 RTB
™
Transit fleets encounter challenging conditions around every corner. Frequent starting, stopping and turning can cause wear and tear on tires, especially in the sidewall area. The Goodyear® Metro Miler G652 RTB features innovations to resist sidewall damage, enhance toughness and provide long tread life, making it an excellent choice for transit applications.
To learn more about the Metro Miler G652 RTB, contact a Goodyear Sales Associate at 1.800.MILEAGE (1.800.645.3243), or visit goodyeartrucktires.com.
DEEP TREAD DEPTH helps enhance miles to removal
for long tire life
SIDEWALL PROTECTOR RIBS help resist sidewall scuffi n g
REINFORCED SHOULDERS AND STEEL SIDEWALLS
help deliver long casing life
SIDEWALL WEAR INDICATORS help reveal wear
due to excessive scuffi n g
MUL TI-COMPOUND, SCRUB-RESISTANT TREAD
helps extend tread life by resisting excessive
wear, chunking, cracking and chipping
STRAIGHT TREAD PATTERNS help promote even wear
METRO MILER G652 RTB
™
TOUGHNESS FOR CITY TRANSIT APPLICATIONS
©2017 The Goodyear Tire & Rubber Company. All rights reserved. 052376 – 09/17
To fi nd out more about Goodyear® transit tires that can go the distance, contact a Goodyear Sales Associate at 1.800.MILEAGE (1.800.645.3243), or visit goodyeartrucktires.com.
Tire Size Load
Range
Single
Load
Single
Infl ation Dual Load Dual
Infl ation Weight Rim
Width
Overall
Width
Overall
Diameter
Static
Radius RPM RPK
Tread
Depth
Min. Dual
Spacing Speed
RatingBuffing
Radius
lbs kg psi kpa lbs kg psi kpa lbs kg in in mm in mm in mm 32nds in mm in B275/70R22.5 J 6,940 3,150 125 860 6,395 2,900 125 860 116.8 53.0 7.5 10.4 266.7 38.3 969.3 17.8 451 545 339 25 11.9 302.3 68 34 B305/70R22.5 L 7,830 3,550 130 900 7,390 3,350 130 900 129.7 58.8 9 12.1 307.6 40.0 1 ,01 5.718.6 472 522 324 25 13.5 342.9 68 34 B305/85R22.5 J 7,830 3,550 120 830 7,160 3,250 120 830 155.9 70.7 9 11.8 299.7 42.9 1 ,089.7 20.0 508 487 303 25 13.5 342.9 68 34 B315/80R22.5 L 9,370 4,250 130 900 8,820 4,000 130 900 153.0 69.4 9 12.5 318.5 42.8 1 ,087 19.9 505 485 301 21 13.8 350.5 68 34 WARNING: with respect to the use of all Goodyear bus mileage tires, any use other than as imprinted on the tires is unsafe. Improper use could render the tire unserviceable and could jeopardize the lives and safety of operators and passengers. Goodyear assumes no responsibility for any accident, injury or damage caused by special mileage tire failures due to misuse or the failure to follow proper maintenance and installation procedures.
NOTE: Federal Motor Carrier Safety Administration (FMCSA), Regulatory Guidance for the Federal Motor Carrier Safety Regulations, Part 393.75(d): “No bus shall be operated with regrooved, recapped or retreaded tires on the front wheels.” Other requirements apply, including federal and manufacturer standards.
The Metro Miler G652 RTB is available in popular sizes and load ranges.
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Find your total solution at goodyeartrucktires.com.
*Fleet research study, Nov. 2015, Lieberman Research Worldwide. 590-fleet sample. Goodyear Dealer network roadside service compared to Michelin, Bridgestone and Continental.
Contains Confidential and/or Proprietary Information. May Not Be Copied or Disseminated Without the Expressed Written Consent of The Goodyear Tire & Rubber Company. J uly 31, 2025
To Whom It May Concern:
Subject: FMVSS / CMVTSR Tire Certification
This is to certify that all new tires provided by The Goodyear Tire & Rubber Company marked with the DOT symbol are in compliance with the appropriate USA and Canadian tire regulations in effect at the time of production:
FMVSS109 - New pneumatic and certain specialty tires
FMVSS139 - New pneumatic radial tires for light vehicles.
FMVSS119 - New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles 574.5 - Tire identification requirements
575.104 - Uniform tire quality grading standards
CMVTSR 109 for Passenger Car Tires
CMVTSR 119 for Certain Tires Other Than Passenger Car Tires Sincerely,
Elizabeth Lacza
The Goodyear Tire and Rubber Company
Chief Product Standards and Regulations Engineer
[email protected]
GOODYEAR COMMERCIAL LEASING + TIRE MANAGEMENT
CORPORATE MANAGEMENT/STAFF
PROFILE
CARY MARR
General Manager, Leasing and Tire Management. Cary has been with Goodyear since 1996.
Throughout his career, he has held various positions in IT, Pricing, Marketing, Finance, Product Development, Data Analytics, and Operational Leadership. Cary holds a Master’s degree in Applied Mathematics and Statistics from the University of Arkansas, in Fayetteville, AR and a Bachelor’s degree in Mathematics and Computer Science from Southeastern Oklahoma State University in Durant, OK.
WALTER (WALT) WELKER
Manager, Customer & Contract; Walt has been with Goodyear since 1996. He has held various positions in tire development creating new commercial tire products for trucks and buses and working directly with customers involving technical issues, evaluating new products, and making recommendations to improve operations. He currently holds eleven US Patents and one Goodyear trade secret. He has a Bachelor of Science in Mechanical Engineering and a Bachelor of Arts in Communications from Purdue University.
JESSICA JULIAN
Business Development Manager; Jessica has been with Goodyear since 1999, contributing her expertise across a range of key areas within the organization. Her career has encompassed diverse roles in Retail, Pricing, Demand Planning, Brand Marketing, and Product Marketing, showcasing her versatility and commitment to driving business success. Jessica holds a Bachelor of Arts in Marketing from Kent State University in Kent, Ohio.
MICHELLE MAY
Lead, Contract & Vendor Management. Michelle has the main responsibility in managing supplier/vendor relationships for Mileage Leasing including, PO creation and maintenance, supplier payment and issue resolution. She also supports the contract and procurement function for existing and new customers. She has been with Goodyear since 2011 in a variety of roles.
She holds degrees in both Business Management and Accounting.
JODI TYLER
Operations Manager; Jodi has been with Goodyear since 2004. Throughout her career, she has held various positions in Tax, Sales, Operations, Strategic Initiatives, and Project Management.
Jodi holds a Bachelor’s degree in Project Management from Malone University in Canton, OH and an Associate’s degree in Accounting from the University of Toledo in Toledo, OH.
GOODYEAR COMMERCIAL LEASING + TIRE MANAGEMENT
FIELD MANAGEMENT/STAFF
PROFILE
JAMES (TONY) STARLING
Manager; Responsible for leading the Leasing Field Service team in identifying and growing the sales, lease, and service business. Tony has been with Goodyear since 1989. He has had several assignments, in growing responsibility, for commercial product sales, operations and manufacturing while at Goodyear. He has a Bachelor of Business Administration from Averitt University and is a veteran of the US Air Force.
JEFFREY (JEFF) PAPOI
Service and Deployment Lead. Jeff began with Goodyear in 2009 starting as a record keeper and mileage processor for mileage lease customers. In 2020, he moved to a different leasing model within Goodyear, TireReady. In 2022, Jeff came back to mileage leasing to manage a special project, an update to our asset management software.
GABRIEL (GABE) DURAN
Area Supervisor. Mr. Duran has been with Goodyear since 1986 in the Mileage Sales, Lease and Service Department and is a veteran of the U.S. Marine Corps. Gabe has held positions as Tire Maintenance Technician, Foreman and Supervisor before assuming his current duties in 1995 overseeing Mileage Service activity in the western United States.
DANIEL (DAN) SHEEHAN
Customer Engineering Solutions; Dan has been with Goodyear since 2006. He has held various positions in tire engineering developing new tire products for consumer, commercial, and earthmover vehicles. He has been in customer engineering solutions supporting commercial tires for 3 years, working with OE and fleet customers on technical issues, evaluating new products, and making recommendations to improve operations. He currently holds three US Patents. He has a Bachelor of Science in Mechanical Engineering from Northwestern University.
- Montebello Bus Lines -
Plan of Action / Scope of Work
OBJECTIVE
Goodyear intends to regularly communicate and consult with City of Montebello / Montebello Bus Lines (hereafter referred to as MBL) management to meet or exceed all tire service requirements in RFP 25-14. Goodyear intends to retain current tire service technician. In the event a need arises to replace current tire service technician, Goodyear shall employ a technician(s) who will meet or exceed MBL’s contract requirements.
STAFFING
Work force will consist of one (1) corporate contract manager, one (1) corporate HR associate, one (1) service lead/field manager, one (1) area supervisor (project manager), and one (1) certified commercial tire service (CTS -300 Level) technician.
All associates will be required to meet or exceed qualifications noted in this plan. Summary of authorized representative contact info, including assignments as follows:
Goodyear Authorized
Representative Contact Numbers Contact Address / Email Assignment Welker, Walter
(Walt)
O: (330) 796-2862
F: (330) 796-5641
The Goodyear Tire & Rubber Co
200 Innovation Way D/710
Akron, OH 44316-0001
[email protected]
Manager Business
Operations /
Contract Manager
Poole, Emily
(Emily)
O: (330) 796-1375
C: (234) 403-8545
The Goodyear Tire & Rubber Co
200 Innovation Way D/710
Akron, OH 44316-0001
[email protected]
HR Specialist –
Mileage
Papoi, Jeffrey
(Jeff) C: (330) 417-9507
The Goodyear Tire & Rubber Co
200 Innovation Way, Akron, OH
44316
[email protected]
Service
Lead (Field
Mgt)
Duran, Gabriel
(Gabe)
O: (626) 279-6195
F: (626) 410-1189
C: (626) 216-5237
13351 12th Street
Chino, CA 91710
[email protected]
Area Supervisor
(Supervision /
Training / Tech
Service / Parts
Representative)
Tire Maint. Technician Tire Service
MANAGEMENT
Monitoring the quality of service and assuring compliance will be the responsibility of the Goodyear’s Service Lead and Area Supervisor. This will be accomplished using the following checklists and visits:
An “Inflation Checklist’ will be maintained for MBL’s bus maintenance facility. Tire Service Technician will be
required to identify which vehicles they air check by
recording the date of inspection and their initials.
Minimum standards on a number-of-vehicles-per-day basis will be established to assure one hundred percent (100%) of MBL’s vehicles are checked as required.
‘Tire Service Checklist’ will be required. During
management visits once every sixty days, a checklist will be completed by Goodyear’s Area Supervisor. A copy of the completed Tire Service Checklists will be provided to the MBL Equipment Supervisor.
The Area Supervisor will meet with MBL staff at least once every sixty days (60) to assist in educating each
other on sources, references, and problems to improve
overall efficiency. Goodyear’s Management team will meet with designated MBL personnel, at MBL’s designated
facilities, at least twice a year to report contractual performance, issues and solutions.
SUPERVISION
The Area Supervisor will work cooperatively with MBL reviewing and monitoring service requirements and the tire service associate. Meeting MBL service needs will include, but will not necessarily be limited to the following:
Provide off-site tire support in the event the regularly scheduled tire technician is unavailable.
Supervisory staff will be TIA 400 certified to instruct, install and perform tire maintenance services. They
will comply with occupational safety and health
administration requirements.
Adjust service hours as required to meet the needs of MBL.
Provide a minimum of three (3) contact phone numbers in the event emergency scheduled shift coverage is required. Enforce and monitor Tire Service Technician driver’s
licenses requirements.
Require and enforce Standard Work Rules for all service personnel assigned to this contract. Enforcement handled in a firm but fair manner to assure a satisfactory level of service to MBL.
On a quarterly basis, check air gauges for proper
calibration and note this information on “Tire Service
Checklist”.
On a quarterly basis, confirm each tire in the fleet is pressure-checked every seven (7) days and report this
information to the MBL’s Equipment Supervisor.
On a quarterly basis, confirm MBL has provided tire
movement information for all tire changes, including
brake jobs and road calls, performed by MBL personnel in order to assure accurate and detailed monthly reports.
Monitor buses requiring wheel alignment or related
defects by reviewing Goodyear’s “Abnormal Tire Reports” (B76).
Certify that all torque wrenches are calibrated annually. Monitor proper spare stock tire storage and security of spare stock.
Monitor used and waste tire manifest requirements.
Monitor bus wheel maintenance program.
TRAINING
Recertification for commercial tire service (CTS -300 Level) technician will be every two years. A structured, on-the-job “continuum” training program will be required to assure MBL is provided an efficient comprehensive tire service program at-all- times. Goodyear staff will review different key service elements from our “Mileage Tire and Retread Service Manual” in detail with Tire Service Technician, requiring the technician to demonstrate proficiency.
SAFETY
Compliance with the FTA Alcohol and Drug Testing Guidelines established by 49 CFR Parts 655 and 49 CFR Parts 40 as
applicable, including pre-employment, reasonable cause, post accident, return to duty and random testing and all MBL and/or OSHA safety requirements will be stressed throughout the term.
A Safety and Health Inspection will be required at start-up and at least quarterly by Goodyear field supervisory and/or management associates.
TIRE SERVICE REQUIREMENTS (Scope of Work)
Under Goodyear’s proposed plan of action with quality
control/assurance process, the following standards will meet or exceed MBL’s expectations, and such standards will include:
Supply and maintain numerically (with customer prefix) branded transit bus tire levels at MBL’s bus maintenance facility with a minimum of one-half (½) spare transit bus tire, per vehicle, per tire size that meet all regulatory requirements to assure uninterrupted service.
Monitor tread depths and schedule for service according to DOT specifications i.e.; front wheel (steer) minimum tread depth of 4/32 and other than front wheels (rear,
center or tag) minimum of 2/32 at any point in the tread
configuration.
Furnish all necessary labor, tools and equipment not
provided by MBL.
Maintain and repair all tires according to industry
standards.
Deliver / load / unload all new and scrap lease tire
shipments, as required.
Maintain outward wheel position appearance by placing clean shiny wheel surface to all outside wheel positions. Pressure check with tire inflation gauge, visually
inspect tread, sidewalls and entire integrity of tires.
Assure that each vehicle in the fleet is pressure
checked at least every week (7) days.
Report all vehicle tire or non-tire related mechanical defects to operating garage Vehicle Maintenance Manager, Supervisor or Bus Mechanic Lead Worker in writing,
utilizing Goodyear’s “Abnormal Tire Wear Report” (B-76). Make available to MBL, legible and accurate
documentation of work performed on a monthly and/or
historically basis including, but not limited to; number of wheels polished by bus number, tire changes,
inventory (consignment) of tires, vehicles air pressure checked and adjusted, tires removed from service by
type, size, wheel position, etc.
Hand torque and safety strip (safety strip material
supplied by MBL) all tire lug nuts to manufactures
specifications using the proper torque sequence every
time a tire is changed.
Make available to MBL, upon request, technical services for assisting and/or resolving any problems that may
arise in connection with the use of any Goodyear tires
called for under RFP 25-14.
Be fully responsible for the care of all tire service equipment.
Working area to be clean and free of any safety hazards during working hours and thoroughly cleaned and free of all tools, equipment and supplies prior to completing
and ending scheduled tire service.
Maintain proper records of removal and remediation of used and waste bus tires as cited in California Code of Regulation, Title 14, Chapter 6.
TIRE FITMENT ACTION PLAN (MBL owned bus tires)
It is understood that Goodyear shall maintain all MBL owned bus tires, including regrooving and repair of flat tires to keep them in proper operating conditions. Additionally, it’s understood that Goodyear will continuously use MBL bus tires
insofar as practicable on its highest mileage runs until such tires are rendered permanently unfit for service.
BUS WHEEL MAINTENANCE PROGRAM
Under Goodyear’s bus wheel maintenance program, the following standards will meet or exceed MBL’s expectations, and such standards will include:
Tire Service Technicians will sort wheels for reuse, reconditioning or disposal,
Corrosion will be removed from wheels and hub, flange and coin holes by use of a scrapper, wire brush, grinder or buffing device,
When mounting or dismounting tires with aluminum wheels, Tire Service Technician shall exercise care to prevent
damage or scratching.
Aluminum wheels shall be cleaned and polished with MBL supplied material & equipment each time they are
mounted, repaired and/or the equivalent of ten vehicle
wheels per week. No dust or road grime shall be visible on any wheel mounted for service. Aluminum wheels shall be dressed for rim flange wear in accordance with the
Alcoa Wheel Service Manual. The Tire Service Technician will notify MBL Materials and Vehicle Maintenance
Manager when wheels are no longer suitable for service
as determined by use of a rim gauge. All rims
determined to be non-useable shall be returned to MBL.
TIRE SERVICE EQUIPMENT, TOOLS AND SUPPLIES
(Narrative, Reliability/Availability/Maintainability)
Goodyear’s equipment, hand tools and tire supply requirements shall address all elements to successfully comply with MBL’s RFP 25-14, including support and training for all equipment.
They shall be derived from partnered customers, industry manufactures, suppliers and distributors, and support, the user's readiness objectives. Reliability requirements are addressed through R&D and long-term practical application; addressing reliability to assure MBL does not experience any disruption in bus service or cause adverse impacts on providing bus transportation. Availability requirements are addressed by pre-planning and partnered customers, industry manufactures, suppliers and distributors, allowing for priority demand and supply; addressing availability to assure MBL does not
experience any disruption in bus service or cause adverse impacts on providing bus transportation. Maintainability requirements shall be addressed by MBL, Tire Service
Technician, Area Supervisor, Service Lead and respective
equipment manufacture and be fully responsible for the care, servicing, preventive, and corrective maintenance of the following minimum listed equipment to service RFP 25-14:
Goodyear Supplied
Tire Spreader (Ascot/Myers T54)
Tire Inflation Cage (3 Bar Minimum Safety Cage)
Impact Wrench and Sockets (CP 797-SP6, misc socket)
Jet Ring/Surge Tank (B&J Bead Seater or equivalent)
Torque Wrench (TM600-1 Breakaway)
Tire Management Software and Hardware
NOTE: MBL will bear the cost of parts and repair service required on MBL supplied equipment due to normal wear and routine maintenance.
End of Plan of Action / Scope of Work
ATTACHMENT D
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4379
WITH THE GOODYEAR TIRE & RUBBER COMPANY
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on September 10, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and THE GOODYEAR TIRE & RUBBER COMPANY (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional CONTRACTOR to provide tire lease services, including the delivery and maintenance of transit bus tires for the CITY’s fleet to ensure safe and efficient operations; and
WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals dated June 26 th, 2025 (RFP No. 25-14), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “CONTRACTOR 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. 25-14, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. 25-14 dated July 31, 2025, attached hereto as “Exhibit “B”.
d. CONTRACTOR’S “Best and Final Offer” to RFP No. 25-14 dated August 11, 2025, 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4379
SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Request for Proposals for Bus Tire Lease Services, in the City of Montebello (June 25,2025) (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide Tire Lease Services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
c. The CONTRACTOR shall be compensated a sum not-to-exceed FIVE
HUNDRED FORTY-FOUR THOUSAND, TWO HUNDRED NINETY-EIGHT
DOLLARS. ($ 544,298.00) (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).
The CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONTRACTOR shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to the CITY's approval, additional individuals, CONTRACTORs or subCONTRACTORs to assist in the completion of services as herein defined. Compensation for additional
PROFESSIONAL SERVICES AGREEMENT NO. 4379
individuals, CONTRACTORs or subCONTRACTORs shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the
PROFESSIONAL SERVICES AGREEMENT NO. 4379
CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for
PROFESSIONAL SERVICES AGREEMENT NO. 4379
compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subCONTRACTORs for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subCONTRACTORs with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subCONTRACTOR of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONTRACTOR or its employees, agents, or subCONTRACTORs, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subCONTRACTORs providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
PROFESSIONAL SERVICES AGREEMENT NO. 4379
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its 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.
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e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of
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CONTRACTOR’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subCONTRACTORs, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-CONTRACTOR, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-CONTRACTORs. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.