Montebello City Council
September 24, 2025

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employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its sub-consultant s, if any, to do likewise under their workers’ compensation insurance policies. (Subject to change)

By executing this Agreement, CONSULTANT 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 CONSULTANT ’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, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work. (Subject to change)
If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

CONSULTANT shall require each of its sub-consultant s, 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.

CONSULTANT 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 CONSULTANT ’S expense, the premium thereon.

At all times during the Term of this Agreement, CONSULTANT 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. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

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

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 required under this Agreement shall contain an

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endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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 CONSULTANT ’s insurance and shall not contribute with it.

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

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

Coverage applies separately. CONSULTANT ’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, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT 's liability or as fall performance of CONSULTANT ’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 CONSULTANT to comply with this section.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

SECTION 17. NO WAIVER.

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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 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 other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

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

SECTION 21. MISCELLANEOUS.

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

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

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

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

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

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

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

CONSULTANT
________________________
________________________
________________________
________________________

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, sub-consultant , 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.

CONSULTANT will take affirmative action to ensure that sub-consultant 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

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orientation.

SECTION 24. CONFLICT OF INTEREST.

CONSULTANT and its officers, employees, associates and sub-consultant s, if any, shall comply with all California conflict of interest statutes applicable to Consultant ’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT 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 CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

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

CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate consultant (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 CONSULTANT .

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

SECTION 25. ENTIRE AGREEMENT.

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

CITY OF MONTEBELLO CONSULTANT

_______________________ _____________________
Raul Alvarez Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez

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City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 26-05

FEDERAL LOBBYING 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 Consultant 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

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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.

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

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Typed or Printed Name Typed or Printed Name

Title Title

Date Date

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

For proposals requiring licenses the following information is required:

Consultant ’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.26-05, FEDERAL LOBBYING SERVICES Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, 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 consultant s, 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. 26-05 FEDERAL LOBBYING SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful 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:

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EXHIBIT C

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

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

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

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

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

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 $1,000,000 per accident, combined single limit. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Consultant or Consultant ’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (Subject to change)

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 $1,000,000 per accident for all covered losses. (Subject to change)

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 Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement. (Subject to change)

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

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

F. Consultant 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, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

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EXHIBIT D
RFP No. 26-05

FEDERAL LOBBYING SERVICES

COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Consultant /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.

List other costs/fees:

: Description Cost/Fees

Quantity Description of Work Cost of Needs
Lump sum FEDERAL LOBBYING SERVICES $
$
$
$
$
$
$
TOTAL $

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Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

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EXHIBIT E
Bidder’s List of Sub-consultant s (DBE and Non-DBE)
Part I
The bidder shall list all sub-consultant s (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-consultant s 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?)
< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax

< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax

< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE #: Address
< $15 million
> $15 million Age of Firm (Yrs.) City State ZIP
Fax

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Part II
The bidder shall list all sub-consultant s who provided a quote or bid but were not selected to participate as a sub- consultant 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?)
< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE
#:

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

< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE
#:

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

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EXHIBIT F

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

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

knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

Signature and Title of Authorized Official

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

Signature of Attorney Date

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EXHIBIT G

PERFORMANCE GUARANTEE CERTIFICATION

The undersigned hereby certifies that the Consultant 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

Consultant ’s Name:

Authorized Signature:

Title:

Date:

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EXHIBIT H

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

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

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

WHEREAS, Consultant 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 Consultant 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 Consultant 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 responsible 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 paragraph) 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 amount payable by the City to Consultant under the Contract and any amendments thereto, less the amount properly paid by the City to Consultant .

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. 26-05
47 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. 26-05
48 Montebello Bus Lines

EXHIBIT I

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. 26-05
49 Montebello Bus Lines

EXHIBIT J

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

50 Montebello Bus Lines

EXHIBIT K
Certification of Drug-Free Workplace
I,__________________________________, hereby certify on behalf of (Name of authorized official)
______________________________________that:
(Name of company)
The CONSULTANT named above, and all Sub-Consultant s working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug-free workplace. The CONSULTANT and all Sub-Consultant s 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_____________________________________________
(Signature of Authorize Official)
_______________________________________________
(Title of Authorized Official)

Bidder________________________________________________________________________

RFP No. 26-05
51 Montebello Bus Lines

EXHIBIT L
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.

Bidder/Proposer: ______________________________________________________________

Authorized Representative:_______________________________________________________________

Signature of Authorized
Representative:_______________________________________________________________

Title:____________________________________Date:________________________________

RFP No. 26-05
52 Montebello Bus Lines

[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT 3892 WITH ION

SECURITY SYSTEMS, LLC TO PROVIDE CITYWIDE MONITORING,

MAINTENANCE, AND REPAIRS OF SECURITY AND FIRE ALARM

SYSTEMS

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement 3892 between the City of Montebello and Ion Security Systems, LLC for a One (1) Year Term Extension through June 30, 2026; and

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

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

FISCAL IMPACT:

Ion Security Systems performs citywide monitoring, maintenance, and repairs of security and fire alarm systems. The annual not-to-exceed amount of this agreement is $50,000.

Staff is requesting the execution of Amendment No. 2 to extend the term of the agreement by one (1) year through June 30, 2026. The annual not-to-exceed amount will remain at $50,000.

The agreement is managed by the Department of Public Works and funded through the Public Works, Transit and Golf Fund Contract Services budgets. The following is a tabulation of the fiscal impact:
• 100-30-510-6040.10 $17,316 (Monthly Services) • 600-90-915-6040.10 $1,476 (Monthly Services) • 610-99-6040.10 $1,476 (Monthly Services)

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

• 100-30-510-6040.60 $15,000 (As-needed Services) • 600-90-915-6040.60 $10,000 (As-needed Services) • 610-99-6040.60 $4,732 (As-needed Services)

Funding for these services has been included in the Fiscal Year 2025-26 budget.

BACKGROUND/DISCUSSION:

On June 23, 2021, the City entered into an agreement with Ion Security Systems, LLC for the monitoring, maintenance, and repair of security and fire alarm systems citywide, in an amount not to exceed $50,000 annually. On June 26, 2024, the City extended the agreement for an additional one-year term, based on the company’s responsive and satisfactory performance.

For the past four years, Ion Security Systems has consistently provided citywide security and fire surveillance services to City facilities on both a monthly and as-needed basis.

Staff now recommend approval to exercise the second one-year extension option available under SECTION 2, Term of Agreement 3892 (Attachment B). With this extension, the agreement will remain in effect through June 30, 2026.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City extend Professional Services Agreement No. 3892 by one year (expiring June 30, 2026) and authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Amendment No. 2 - Agr No. 3892, Ion Secuirty Systems, LLC

2. Attachment B - Amendment No. 1 - Agr No. 3892, Ion Security Systems, LLC

3. Attachment C - Agr No. 3892 - Ion Security Systems, LLC

CITY OF MONTEBELLO
AM
ENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3892

WITH ION SECURITY SYSTEMS, LLC
T
his Amendment No. 2 to the Professional Services Agreement No. 3892 (“Amendment No. 2”), is made and entered into this 24th day of September , 2025 , (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and ION SECURITY SYSTEMS, LLC (hereinafter referred to as the “CONSULTANT”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RE
CITALS
W
HEREAS, the CONSULTANT and the CITY entered into that certain Agreement No. 3892 for Monitoring, Maintenance, and Repairs to citywide Security and Fire Alarm Systems, as further described in the Agreement ("Agreement"); and W
HEREAS, under Section 2 of this Agreement, the Agreement may be extended for up to two (2) additional one- year terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
W
HEREAS, an Amendment No. 1 to the Agreement was entered into by the Parties, extending the term of the Agreement to June 23, 2025; and W
HEREAS, the Parties desire to exercise its right to extend the term of the Agreement for one additional year period; and
NO
W THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AM

ENDMENTS
S
ECTION 1. Term. The Parties hereby exercise the second of the two one- year term extensions under Section 2 of this Agreement. The original termination end date of the Agreement set on June 23, 2021, amended by Amendment No. 1 to June 23, 2025, is hereby amended to J une 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City’s commitment to the continued provision of Monitoring, Maintenance and Repairs Services for Security and Fire Alarms by Consultant.

S
ECTION 2. INCORPORATION OF REMAINING TERMS. Except as expressly modified by this Amendment No. 2 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Attachment A

AMENDMENT NO. 2 TO AGREEMENT NO. 3892

Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

I
N WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO ION SECURITY SYSTEMS, LLC
Raul Alvarez, City Manager Michael A. Oliande Jr., Owner ATTEST:

Kimberly Guillen, Director of City Clerk
Services
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

Attachment B

Attachment C

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 3878 WITH

SHOCKWAVE ELECTRIC FOR THE PROVISION OF CITYWIDE ON-

CALL ELECTRICAL SERVICES

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 3 to Agreement No. 3878 between the City of Montebello and Shockwave Electric, increasing the annual not-to-exceed amount by an additional Seventy Thousand Dollars ($70,000); and

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

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

FISCAL IMPACT:

Shockwave Electric provides citywide on-call electrical services on an as-needed basis.

The agreement is administered by the Department of Public Works and funded through the following accounts: $80,000 from 100-30-510-6040.10 (General Fund, Public Works, Government Building Maintenance, Contract Services – Outside Contracts) and $5,000 from 600-90-915-6040.10 (Transit Fund, Transportation, Corporate Shops, Contract Services – Outside Contracts), for a total, annual not-to-exceed amount of $85,000.

With approval of Amendment No. 3, the annual not-to-exceed amount will increase by $70,000, bringing the revised total to $155,000. The updated fiscal impact is as follows:
• 100-30-510-6040.10 $130,000
• 600-90-915-6040.10 $25,000

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

Funding for these services is included in the proposed Fiscal Year 2025-26 budget.

BACKGROUND/DISCUSSION:

The City has historically utilized both Shockwave Electric and Graphic Electric to provide citywide electrical services on an as-needed basis. On March 26, 2025, the City approved Amendment No. 2 to Agreement No. 3878 with Shockwave Electric, extending the agreement through June 30, 2026, with an annual not-to-exceed amount of $85,000. On June 11, 2025, the City also approved Amendment No. 2 to Agreement No. 3861 with Graphic Electric for a one-year extension in the annual amount of $70,000.

However, Graphic Electric subsequently declined to execute the amended agreement.

Therefore, the City now has only one vendor to provide as-needed electrical services (i.e., Shockwave Electric). To ensure continuity of citywide on-call, as-needed electrical services, staff recommends reallocating the $70,000 originally designated for Graphic Electric by increasing the not-to-exceed amount under Shockwave Electric’s current agreement.

For the past four years, Shockwave Electric has provided reliable, responsive, and satisfactory service to the City. Staff recommend approval of this amendment to continue utilizing their services until June 30, 2026, with the new annual not-to-exceed amount of $155,000.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council approve Amendment No. 3 (Attachment A) to Agreement No. 3878 with Shockwave Electric to increase the annual not-to-exceed amount to $155,000 and authorize the City Manager to execute the amendment.

ATTACHMENT(S)

1. Attachment A - Agr No. 3878 - Shockwave Electric - Amendment No. 3

2. Attachment B - Agr No. 3878 - Shockwave Electric - Amendment No. 2

3. Attachment C - Agr No. 3878 - Shockwave Electric - Amendment No. 1

4. Attachment D - Agreement No. 3878 - Shockwave Electric

CITY OF MONTEBELLO
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT NO. 3878

WITH SHOCKWAVE ELECTRIC
This Amendment No. 3 to the Professional Services Agreement No. 3878 (“Amendment No. 3”), is made and entered into this 24th day of September, 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and SHOCKWAVE ELECTRIC (hereinafter referred to as the “CONSULTANT”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the CONSULTANT and the CITY entered into that certain Agreement No. 3878 for On-Call Electrical Services, dated March 9, 2021 ("Agreement"); and WHEREAS, under Section 2 of this Agreement, the Agreement may be extended for up to two (2) additional one-y ear terms upon such terms and conditions mutually agreed upon by the Parties in writing; and WHEREAS, an Amendment No. 1 to the Agreement was entered into by the Parties, extending the term of the Agreem ent for an additional one-y ear period, and increasing the annual not-t o-exceed amount from $45,000 to $85,000; and WHEREAS, an Amendment No. 2 of the Agreement was entered into by the Parties, extending the ter m of the Agreement for an additional one-y ear period through June 30, 2026;
WHEREAS, the Parties desir e to increase the annual not-t o-exceed amount by $90,000 for a total annual not-to-exceed amount of $175,000 for the current term; and NOW THEREFORE, in consideration of the mutual pr omises and covenants contained herein, the r eceipt adequacy of which is expressly acknowledged by the P arties, the Parties agree to amend the Agreement as follows:

AMENDME
NTS
SECTI
ON 1. Services/Compensation. The Parties hereby agree to increase the annual not to exceed amount from $85,000 to $175,000 for the Professional Services described in the Agreement, for this current term March 9, 2025 through June 30, 2026.

SECTI
ON 2. INCORPORATION OF REMAINING TERMS. Except as expressly modified by this Amendment No. 3 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Attachment A

AMENDMENT NO. 3 TO AGREEMENT NO. 3878

Amendment No. 3 and the provisions of the Agreement, the provisions of this Amendment No. 3 shall control.

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO SHOCKWAVE ELECTRIC

Raul Alvarez, City Manager Chad Michael Manhood, Owner

ATTEST:

Kimberly Guillen, Director of City Clerk
Services

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3878

WITH SHOCKWAVE ELECTRIC
This Amendment No. 2 to the Professional Services Agreement ("Amendment No. 2"), is made and entered into this 26th day of March 2025, ("Effective Date") by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the "City") and SHOCKWAVE ELECTRIC, (hereinafter referred to as the "Consultant"). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3878 by and between City of Montebello and Shockwave Electric for On-Call Electrical Services , dated March 9, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Electrical Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process.

WHEREAS, the City entered into Amendment No. 1 to Professional Services Agreement No. 3878 with Shockwave Electric ("First Amendment"), increasing the annual not-to-exceed amount from $45,000 to $85,000 for the Professional Services set in the agreement and exercised a one-year (1) extension of the agreement's term.

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.

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

AMENDMENTS
SECTION 1. "Term." The Parties hereby agree to exercise the second of two additional one-year extension terms pursuant to Section 2. Term of the Agreement up to the end of the current fiscal year. The termination/expiration date of the Agreement will now terminate on June 30, 2026. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of On-Call Electrical Services by Shockwave Electric.

Attachment B

Attachment C

Attachment D

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT 3834 WITH CLEAN SWEEP SUPPLY CO. TO PROVIDE CITYWIDE JANITORIAL SUPPLIES

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement 3834 between the City of Montebello and Clean Sweep Supply Co. for a One (1) Year Extension through June 30, 2026; and

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

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

FISCAL IMPACT:

Clean Sweep Supply Co. provides citywide janitorial supply services under Agreement No. 3834 with the City. The current annual not-to-exceed amount is $85,000. Staff is recommending approval of Amendment No. 2 to extend the agreement for an additional one (1) year, with the not-to-exceed amount remaining at $85,000. The agreement is administered by the Department of Public Works and funded through the Public Works, Transit and Parks and Recreation Janitorial Supplies budgets. Sufficient funding for these services has been included in the Fiscal Year 2025–26 budget.

BACKGROUND/DISCUSSION:

On September 3, 2020, the City entered into an agreement with Clean Sweep Supply Co. to provide citywide janitorial supplies in an amount not to exceed $45,000. On April 14, 2021, the City approved an increase to the annual not-to-exceed amount, raising it to $85,000.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

Over the past four years, Clean Sweep Supply Co. has reliably supplied janitorial products to City facilities on an as-needed basis. Staff now recommends that the City Council approve the exercise of the second one-year extension option, which will extend the agreement through June 30, 2026.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City extend Professional Services Agreement No. 3834 by one year (expiring June 30, 2026) and Authorize the City Manager to execute Amendment No. 2 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Agr No. 3834 - Clean Sweep Supply Co. Amendment No. 2

2. Attachment B - Agr No. 3834 - Clean Sweep Supply Co. Amendment No. 1

3. Attachment C - Agr No. 3834 - Clean Sweep Supply

CITY OF MONTEBELLO
AM
ENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3834
WITH CLEAN SWEEP SUPPLY CO.

T
his Amendment No. 2 to the Professional Services Agreement No. 3834 (“Amendment No. 2”), is made and entered into this 24 th day of September , 2025 , (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and CLEAN SWEEP SUPPLY CO. (hereinafter referred to as the “CONTRACTOR”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RE
CITALS
W
HEREAS, the CONTRACTOR and the CITY entered into that certain Agreement No. 3834 to which CITY retained CONTRACTOR to supply janitorial goods and equipment ("Agreement") and was amended April 14, 2021 to increase the compensation; and
W
HEREAS, the Parties desire to extend the term of the Agreement for one- year period to September 3, 2025; and
NO
W THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AM

ENDMENTS
S
ECTION 1. Term. Article XXII of the Agreement is hereby added in its entirety as follows:
“T
his Agreement shall commence upon the Effective Date and shall expire on September 3, 2026, unless terminated earlier as hereinafter provided.” S
ECTION 2. INCORPORATION OF REMAINING TERMS. Except as expressly modified by this Amendment No. 2 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

I
N WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.

Attachment A

AMENDMENT NO. 2 TO AGREEMENT NO. 3834

(“CITY”) (“CONTRCATOR”)
CITY OF MONTEBELLO CLEAN SWEEP SUPPLY CO.

Raul Alvarez, City Manager Hersh Garcia, Operations Manager ATTEST:

Kimberly Guillen, Director of City Clerk
Services
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3834
WITH CLEAN SWEEP SUPPLY CO.

This Amendment No, 1 to Professional Services Agreement No. 3a34 by and between the CITY OF MONTEBELLO and CLEAN SWEEP SUPPLY CO. ("Amendment No.1 ") is entered into this 14th day of April 2021 ("Effective Date"), by and between Clean Sweep Supply Co. ("Contractor''), and the City of Montebello ("City'') with reference to the following facts:

RECITALS
WHEREAS, Contractor and City (sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties") entered into that certain agreement dated September 3, 2020 (the "Agreement"), pursuant to which City retained Contractor to supply janitorial goods and equipment, as further described in the Agreement; and WHEREAS, the Parties, being mutually satisfied with the other Party's performance of the Agreement, desired to increase the amount of janitorial goods and equipment to be delivered to the City by Contractor and as a result, take this opportunity to adjust the compensation resulting from the increase in goods and equipment.

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

SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated herein as part of this Amendment No. 1.

SECTION 2. Increased Compensation. The parties hereby amend paragraph C, of Article Ill. "Compensation," to read as follows:
"C. The Compensation shall not exceed an annual sum of EIGHTY FIVE THOUSAND DOLLARS ($85,000), and such sum shall include all amounts payable to CONTRACTOR for its subcontracts, /eases, materials and costs arising from, or due to termination of this Agreement."
Attachment B

Attachment B

Attachment C

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: REJECT BIDS RECEIVED FOR CONSTRUCTION OF THE SENIOR CENTER REMODEL PROJECT (CP 925)

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject bids received for construction of the Senior Center Remodel Project (CP 925) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and

3. Authorize staff to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and

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

FISCAL IMPACT:

Prior to the start of construction, testing for asbestos and lead was conducted. Testing confirmed that an abatement company will be required to provide services prior to any construction. The recommendation is to modify the project scope of work after the abatement has been completed and rebid the project.

Approval of this action rejecting bids will allow staff to proceed with the rebidding for this capital project at a later date. Once the project is rebid and staff has an opportunity to open and evaluate the bids, a recommendation will be made at a future City Council meeting, which will include a well-defined project budget.

BACKGROUND/DISCUSSION:

On May 28, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the Project (CP 925). The City Council’s adoption of the Plans, Specifications and Engineer’s Estimate (PS&E) on May 28, 2025, provided the nexus to comply with

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.

Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .”

Staff adhered to Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid. Public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts.

The contract plans and specifications were accessible via PlanetBids and redistributed by several electronic media outlets that post the bid package on e-bid boards. In all, nine (9) bids were received, and the following is the bid tabulation:

Contractors Total
1 YMC $691,150.00
2 Ramco, General Engineering Contractors Inc. $736,031.00 3 VSI Technologies $742,675.75
4 All American Building Services $869,196.00
5 Estate Design and Construction Inc. $889,900.00
6 Bedrock Group, Inc. $1.342,600.00
7 Armstrong Cal Builders Inc. $1,343,200.00
8 Ivy Builders Inc. $1,377,697.70
9 MLC Constructors Inc. $1,465,675.00

Staff analyzed the abatement report, and the recommendation is to reject all bids because the asbestos abatement will change the original scope of work. Staff's recommendation is to modify the PS&E and authorize staff to formally rebid the project at a later date.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council reject all bids submitted for the Senior Center

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

Remodel project (CP 925) in accordance with Public Contract Code Section 22038(a)(1); authorize staff to modify the project scope or work in conformance with all applicable engineering standards; and authorize staff to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1) at a later date.

ATTACHMENT(S)

1. Attachment A - Senior Center (CP 925) Bid Results

YMC YMC
Ramco, General
Engineering
Contractors Inc
Ramco, General
Engineering
Contractors Inc
VSI
Technologies
VSI
Technologies

ALL AMERICAN

BUILDING

SERVICES

ALL AMERICAN

BUILDING

SERVICES
Estate Design and
Construction Inc
Estate Design and
Construction Inc
Bedrock Group,
Inc Bedrock Group, Inc
Armstrong Cal
Builders Inc
Armstrong Cal
Builders Inc
Ivy Builders Inc Ivy Builders Inc MLC
CONSTRUCTORS Inc
MLC

CONSTRUCTORS
Inc
Item
No.

Item Description Qty. Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization And Demobilization %3 1 LS $ 10,000.00 $ 10,000.00 $ 6,750.00 $ 6,750.00 $ 32,000.00 $32,000.00 $ 26,073.00 $ 26,073.00 $ 26,697.00 $ 26,697.00 $ 34,000.00 $ 34,000.00 $ 24,000.00 $ 24,000.00 $ 35,939.94 $ 35,939.94 $ 43,900.00 $ 43,900.00 Demo Phase
1 Remove All Existing Toilet Doors, Partitions, And
Miscellaneous.
1 LS $ 3,000.00 $ 3,000.00 $ 5,985.00 $ 5,985.00 $ 8,000.00 $8,000.00 $ 10,500.00 $ 10,500.00 $ 4,200.00 $ 4,200.00 $ 24,000.00 $ 24,000.00 $ 4,200.00 $ 4,200.00 $ 5,978.46 $ 5,978.46 $ 5, 350.00 $ 5,350.00 2 Remove All Existing Plumbing Fixtures And Miscellaneous Per Plumbing Drawings.
1 LS $ 1,500.00 $ 1,500.00 $ 6,749.00 $ 6,749.00 $ 7,200.00 $7,200.00 $ 15,000.00 $ 15,000.00 $ 7,800.00 $ 7,800.00 $ 24,000.00 $ 24,000.00 $ 2,200.00 $ 2,200.00 $ 3,350.06 $ 3,350.06 $ 4, 433.00 $ 4,433.00 3 Remove All Existing Restroom And Kitchen Equipment, And Miscellaneous Items.
1 LS $ 4,000.00 $ 4,000.00 $ 6,125.00 $ 6,125.00 $ 7,200.00 $7,200.00 $ 5,000.00 $ 5,000.00 $ 5,760.00 $ 5,760.00 $ 22,000.00 $ 22,000.00 $ 7,000.00 $ 7,000.00 $ 2,577.73 $ 2,577.73 $ 15,275.00 $ 15,275.00 4 Demolish Designated Walls As Indicated With Dashed Lines. 1 LS $ 14,000.00 $ 14,000.00 $ 11,852.00 $ 11,852.00 $ 6,225.00 $6,225.00 $ 15,000.00 $ 15,000.00 $ 5,400.00 $ 5,400.00 $ 39,000.00 $ 39,000.00 $ 20,000.00 $ 20,000.00 $ 12,373.11 $ 12,373.11 $ 30,000.00 $ 30,000.00 5 Demolish Finish Layer Of Designated Remaining Walls As Per Demolition Plans.
1 LS $ 17,000.00 $ 17,000.00 $ 8,963.00 $ 8,963.00 $ 6,225.00 $6,225.00 $ 5,000.00 $ 5,000.00 $ 3,840.00 $ 3,840.00 $ 19,000.00 $ 19,000.00 $ 28,000.00 $ 28,000.00 $ 5,155.46 $ 5,155.46 $ 7, 440.00 $ 7,440.00 6 Demolish Existing Floor Tiles And Mortar Down To The Slab Surface. Saw Cut The Existing Slab For New Floor Drains. 4500 SF $ 5. 56 $ 25, 000.00 $ 4. 85 $ 21,825.00 $ 8. 89 $40,000.00 $ 3. 00 $ 13,500.00 $ 5. 25 $ 23,625.00 $ 8. 67 $ 39,000.00 $ 10.00 $ 45,000.00 $ 36.36 $ 163,630.18 $ 7. 03 $ 31,649.00 7 Remove Existing Lighting Fixtures, Switches, And Electrical Outlets As Per Electrical Plans.
1 LS $ 2,000.00 $ 2,000.00 $ 6,525.00 $ 6,525.00 $ 6,225.00 $6,225.00 $ 2,000.00 $ 2,000.00 $ 4,800.00 $ 4,800.00 $ 28,000.00 $ 28,000.00 $ 3,000.00 $ 3,000.00 $ 12,705.04 $ 12,705.04 $ 11,472.00 $ 11,472.00 8 Remove All Existing Restroom Signs And
Accessories.
1 EA $ 500.00 $ 500.00 $ 3,068.00 $ 3,068.00 $ 890.00 $890.00 $ 1,000.00 $ 1,000.00 $ 960. 00 $ 960.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 128.29 $ 128.29 $ 2, 500.00 $ 2,500.00 9 Remove All Designated Doors And Windows Per Demolition Plan.
10 EA $ 200.00 $ 2,000.00 $ 784.00 $ 7,840.00 $ 889.00 $8,890.00 $ 500.00 $ 5,000.00 $ 300. 00 $ 3,000.00 $ 2,400.00 $ 24,000.00 $ 150.00 $ 1,500.00 $ 205.26 $ 2,052.57 $ 105. 80 $ 1,058.00 10 Remove All Existing Ceiling Gypsum Board; Prepare The Structure To Receive New Ceiling System Per Construction

4500 SF $ 3. 33 $ 15, 000.00 $ 4. 50 $ 20,250.00 $ 5. 93 $26,675.00 $ 6. 67 $ 30,000.00 $ 4. 00 $ 18,000.00 $ 13.11 $ 59,000.00 $ 11.00 $ 49,500.00 $ 1. 71 $ 7,697.14 $ 1. 872 $ 8,424.00 11 Remove All Existing Light Fixtures And Associated Wiring. 1 LS $ 3,000.00 $ 3,000.00 $ 6,853.00 $ 6,853.00 $ 6,225.00 $6,225.00 $ 9,000.00 $ 9,000.00 $ 6,000.00 $ 6,000.00 $ 19,000.00 $ 19,000.00 $ 9,000.00 $ 9,000.00 $ 5,131.42 $ 5,131.42 $ 6, 500.00 $ 6,500.00 12 Remove All Existing Hvac Registers, Diffusers, And
Ductwork To Accommodate New Hvac System Installation.
1 LS $ 3,000.00 $ 3,000.00 $ 15,243.00 $ 15,243.00 $ 7,200.00 $7,200.00 $ 10,000.00 $ 10,000.00 $ 8,400.00 $ 8,400.00 $ 28,000.00 $ 28,000.00 $ 4,700.00 $ 4,700.00 $ 5,131.42 $ 5,131.42 $ 6, 500.00 $ 6,500.00 13 Remove All Existing Exhaust Fans And Associated
Components To Receive New.
1 LS $ 3,000.00 $ 3,000.00 $ 4,452.00 $ 4,452.00 $ 5,350.00 $5,350.00 $ 5,500.00 $ 5,500.00 $ 5,850.00 $ 5,850.00 $ 12,000.00 $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 1,282.86 $ 1,282.86 $ 5, 000.00 $ 5,000.00 Construction Phase
1 Construct New Interior Walls As Indicated With Hatch Lines, Per Construction And Structural Plans. Ensure All Work
Meets Design Specifications And Code Requirements.
1 LS
$ 35,000.00 $ 35,000.00 $ 24,863.00 $ 24,863.00 $ 44,500.00 $44,500.00 $ 25,000.00 $ 25,000.00 $ 36,000.00 $ 36,000.00 $ 42,000.00 $ 42,000.00 $ 56,000.00 $ 56,000.00 $ 19,182.32 $ 19,182.32 $ 105,475.00 $ 105,475.00 2 Furnish And Install All New Flooring Finishes Per Finish Schedule.
4500 SF $ 14.00 $ 63,000.00 $ 10. 10 $ 45,450.00 $ 12.44 $56,000.00 $ 17.78 $ 80,000.00 $ 15. 00 $ 67,500.00 $ 17.33 $ 78,000.00 $ 36.00 $ 162,000.00 $ 53.32 $ 239,932.84 $ 12. 45 $ 56,040.00 3 Patch And Repair All Existing Loose And Flaking Interior Damaged Walls, Re-Paint To Match Existing, Per Finish
Schedule.
2000 SF
$ 5. 00 $ 10, 000.00 $ 7. 50 $ 15,000.00 $ 8. 40 $16,800.00 $ 7. 50 $ 15,000.00 $ 9. 00 $ 18,000.00 $ 19.50 $ 39,000.00 $ 10.00 $ 20,000.00 $ 13.34 $ 26,670.60 $ 29. 86 $ 59,715.00 4 Furnish And Install All New Doors Per Door Schedule And Manufacture Specifications.
10 EA $ 2,500.00 $ 25,000.00 $ 1,494.00 $ 14,940.00 $ 2,650.00 $26,500.00 $ 1,200.00 $ 12,000.00 $ 1,320.00 $ 13,200.00 $ 4,400.00 $ 44,000.00 $ 2,500.00 $ 25,000.00 $ 1,230.95 $ 12,309.51 $ 7, 020.00 $ 70,200.00 5 Furnish And Install All New Windows Per Window Schedule And Manufacture Specifications.
4 EA $ 3,000.00 $ 12,000.00 $ 3,138.00 $ 12,552.00 $ 3,800.00 $15,200.00 $ 2,787.50 $ 11,150.00 $ 1,500.00 $ 6,000.00 $ 5,500.00 $ 22,000.00 $ 1,800.00 $ 7,200.00 $ 1,282.24 $ 5,128.96 $ 3, 168.75 $ 12,675.00 6 Furnish And Install Lockers Per Manufacture
Specification.
39 EA $ 769.23 $ 30,000.00 $ 149.00 $ 5,811.00 $ 884.62 $34,500.00 $ 474.36 $ 18,500.00 $ 570. 00 $ 22,230.00 $ 589.74 $ 23,000.00 $ 600.00 $ 23,400.00 $ 168.34 $ 6,565.07 $ 1, 083.33 $ 42,250.00 7 Furnish And Install Filtered Drinking Fountain
Per Specification.
1 EA $ 6,000.00 $ 6,000.00 $ 2,965.00 $ 2,965.00 $ 9,700.00 $9,700.00 $ 12,000.00 $ 12,000.00 $ 3,600.00 $ 3,600.00 $ 13,000.00 $ 13,000.00 $ 12,000.00 $ 12,000.00 $ 7,236.42 $ 7,236.42 $ 14,950.00 $ 14,950.00 8 Furnish And Install All New Restroom Partitions, Doors Miscellaneous Per Construction Plan.
1 LS $ 19,000.00 $ 19,000.00 $ 16,746.00 $ 16,746.00 $ 14,200.00 $14,200.00 $ 23,800.00 $ 23,800.00 $ 8,400.00 $ 8,400.00 $ 39,000.00 $ 39,000.00 $ 16,800.00 $ 16,800.00 $ 5,334.12 $ 5,334.12 $ 19,500.00 $ 19,500.00 9 Furnish And Install Wall Tiles Per Interior Wall Views & Finish Schedule.
2000 SF $ 11.00 $ 22,000.00 $ 41. 10 $ 82,200.00 $ 19.75 $39,500.00 $ 19.28 $ 38,550.00 $ 18. 00 $ 36,000.00 $ 39.00 $ 78,000.00 $ 36.00 $ 72,000.00 $ 39.42 $ 78,846.51 $ 40. 71 $ 81,415.00 10 Furnish And Install All New Restroom Equipment And
Miscellaneous Items Per Construction Plan & Equipment
Schedule And Manufacture Specification.
1 LS
$ 18,000.00 $ 18,000.00 $ 33,421.00 $ 33,421.00 $ 22,500.00 $22,500.00 $ 25,000.00 $ 25,000.00 $ 21,600.00 $ 21,600.00 $ 24,000.00 $ 24,000.00 $ 26,400.00 $ 26,400.00 $ 16,412.68 $ 16,412.68 $ 40,950.00 $ 40,950.00 11 Furnish And Install Kitchen Base And Upper Cabinets And Appliances Per Construction Plan & Finish Schedule And
Manufacture Specification.
1 LS
$ 33,000.00 $ 33,000.00 $ 70,880.00 $ 70,880.00 $ 31,000.00 $31,000.00 $ 15,000.00 $ 15,000.00 $ 26,400.00 $ 26,400.00 $ 58,000.00 $ 58,000.00 $ 40,000.00 $ 40,000.00 $ 32,825.36 $ 32,825.36 $ 26,097.00 $ 26,097.00 12 Furnish And Install Kitchen Serving Counter Top Per
Enlargement Plan.
1 LS $ 7,000.00 $ 7,000.00 $ 16,552.00 $ 16,552.00 $ 8,000.00 $8,000.00 $ 8,300.00 $ 8,300.00 $ 7,800.00 $ 7,800.00 $ 19,000.00 $ 19,000.00 $ 10,000.00 $ 10,000.00 $ 14,648.32 $ 14,648.32 $ 10,725.00 $ 10,725.00 13 Furnish And Install Plumbing & Electrical Fixtures And Miscellaneous Per M&E Plans.
1 LS $ 68,000.00 $ 68,000.00 $ 51,920.00 $ 51,920.00 $ 35,500.00 $35,500.00 $ 65,000.00 $ 65,000.00 $ 66,000.00 $ 66,000.00 $ 245,000.00 $ 245,000.00 $ 260,000.00 $ 260,000.00 $ 78,810.62 $ 78,810.62 $ 295,100.00 $ 295,100.00 14 Furnish And Install International Restroom Signs. 2 EA $ 500.00 $ 1,000.00 $ 1,046.00 $ 2,092.00 $ 850.00 $1,700.00 $ 1,000.00 $ 2,000.00 $ 300. 00 $ 600.00 $ 750.00 $ 1,500.00 $ 500.00 $ 1,000.00 $ 256.45 $ 512.90 $ 375. 00 $ 750.00 15 Furnish And Install Accessible International
And Directional Signs Restroom And Interior Signs Per Sheet A0.2.
3 EA
$ 333.33 $ 1,000.00 $ 958.00 $ 2,874.00 $ 700.00 $2,100.00 $ 833.33 $ 2,500.00 $ 360. 00 $ 1,080.00 $ 2,666.67 $ 8,000.00 $ 500.00 $ 1,500.00 $ 102.58 $ 307.74 $ 500. 00 $ 1,500.00 16 Revise Door Swing To Open Inward. Repair Any Wall
Damage Caused By Modification And Repaint To Match
Existing Finish.
1 EA
$ 2,000.00 $ 2,000.00 $ 12,435.00 $ 12,435.00 $ 2,100.00 $2,100.00 $ 1,500.00 $ 1,500.00 $ 1,200.00 $ 1,200.00 $ 3,800.00 $ 3,800.00 $ 1,800.00 $ 1,800.00 $ 410.32 $ 410.32 $ 2, 500.00 $ 2,500.00 17 Furnish And Install Mirror Per Manufacture's Specifications As Indicated In Sheet A3.2.
1 LS
$ 1,000.00 $ 1,000.00 $ 4,288.00 $ 4,288.00 $ 1,500.00 $1,500.00 $ 3,250.00 $ 3,250.00 $ 780. 00 $ 780.00 $ 1,200.00 $ 1,200.00 $ 1,800.00 $ 1,800.00 $ 1,230.95 $ 1,230.95 $ 4, 550.00 $ 4,550.00 18 Furnish And Place Two Flower Pots. 2 EA $ 1,000.00 $ 2,000.00 $ 3,592.00 $ 7,184.00 $ 600.00 $1,200.00 $ 600.00 $ 1,200.00 $ 384. 00 $ 768.00 $ 800.00 $ 1,600.00 $ 500.00 $ 1,000.00 $ 615.48 $ 1,230.95 $ 2, 112.50 $ 4,225.00 19 Patch And Repair Existing Ceiling Assembly As Required. 4000 SF $ 0. 50 $ 2, 000.00 $ 9. 10 $ 36,400.00 $ 4. 00 $16,000.00 $ 21.44 $ 85,750.00 $ 6. 00 $ 24,000.00 $ 5. 75 $ 23,000.00 $ 7. 00 $ 28,000.00 $ 9. 44 $ 37,749.16 $ 2. 00 $ 8,000.00 20 Install New Gypsum Board Ceiling Per Construction Plan, Apply Joint Compound, Sand, Prepare For Finishes. Paint New Ceiling As Specified.
4000 SF
$ 9. 50 $ 38, 000.00 $ 15. 50 $ 62,000.00 $ 6. 88 $27,500.00 $ 12.44 $ 49,750.00 $ 14. 40 $ 57,600.00 $ 18.00 $ 72,000.00 $ 10.00 $ 40,000.00 $ 7. 18 $ 28,722.19 $ 18. 16 $ 72,657.00 21 Furnish And Install All New Lighting Fixtures,
Hvac Diffusers And Other Ceiling Elements, Per Electrical, Rcp And Mechanical Drawings.
1 LS
$ 75,000.00 $ 75,000.00 $ 50,920.00 $ 50,920.00 $ 32,000.00 $32,000.00 $ 72,000.00 $ 72,000.00 $ 101,125.00 $ 101,125.00 $ 65,000.00 $ 65,000.00 $ 95,000.00 $ 95,000.00 $ 115,638.30 $ 115,638.30 $ 142,350.00 $ 142,350.00 22 Install New Hvac Registers, Diffusers, And Ductwork; Install New Exhaust Fans With Associated Wiring; And Ensure
Proper Integration As Per Mechanical, Electrical, And
Construction Plans.
1 LS
$ 28,000.00 $ 28,000.00 $ 32,056.00 $ 32,056.00 $ 39,500.00 $39,500.00 $ 36,000.00 $ 36,000.00 $ 112,200.00 $ 112,200.00 $ 70,000.00 $ 70,000.00 $ 65,000.00 $ 65,000.00 $ 205,158.48 $ 205,158.48 $ 67,275.00 $ 67,275.00 Contingency At 15% $ 90,150.00 $96,870.75 $ 113,373.45 $ 113,462.25 $ 175,200.00 $ 179,699.70 $ 197,760.00 $ 691,150.00 $ 736,029.00 $742,675.75 $ 869,196.45 $ 869,877.25 $ 1,342,600.00 $ 1,343,200.00 $ 1,377,697.70 $ 1,516,160.00 Bid Results
C.P. No. 925 - Senior Center Remodeling
Attachment A

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT 3836 WITH WEST

COAST ARBORIST FOR CITYWIDE TREE GRID PRUNING, TREE

REMOVALS, TREE PLANTING, AND EMERGENCY SERVICES

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement 3836 between the City of Montebello and West Coast Arborists to exercise the first one-year term extension through October 14, 2026, and increase the annual not-to-exceed amount by ten percent (10%) in addition to the five percent (5%) cost of living annual increase; and

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

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

FISCAL IMPACT:

West Coast Arborists (WCA) performs citywide tree grid pruning, tree removals, tree planting, and emergency services. The annual not-to-exceed amount of the agreement was originally set at $460,000. The agreement allows for cost-of-living increases up to 5% annually; the past year's purchase order amount was $483,000. Staff are requesting an increase to for contract year 2025-26 by 5% ($507,150) plus an additional 10% to cover costs for additional required services, for an updated annual not-to-exceed amount of $557,865.

Staff are requesting the execution of Amendment No. 1 (Attachment A) to extend the term of the agreement by one (1) year, through October 14, 2026, and increase compensation as described above. Funding for these services is included in the Fiscal Year 2025-26 budget, therefore a budget amendment is not needed.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

BACKGROUND/DISCUSSION:

On October 14, 2020, the City entered an agreement with West Coast Arborists for tree maintenance, removal, and replacement services for an annual not-to-exceed amount of $460,000. Over the years, the purchase amount has increased by the allowable 5% cost- of-living adjustment negotiated in the original agreement.

Over the past year, the City has discovered the need for these services has increased substantially, creating the need to increase the annual not-to-exceed amount by an additional ten percent. Increasing compensation will allow West Coast Arborists to complete tasks and work orders efficiently and without financial disruption.

For the past five years, WCA has provided citywide tree services and the City has been pleased by their responsive and satisfactory performance. Staff are recommending approval of a one-year term extension option as allowed under SECTION 2, Term of Agreement 3836 (Attachment B) and increase compensation by the allowable 5% cost- of-living adjustment and an additional 10% to provide funding for necessary tree maintenance. With the execution of this extension, the agreement will remain in effect through October 14, 2026.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City extend Professional Services Agreement No. 3836 by one- year through October 14, 2026, increase the annual not-to-exceed amount by 10% in addition to the allowable 5% cost-of-living adjustment for an updated annual not-to- exceed amount of $557,865, and authorize the City Manager to execute Amendment No. 1 (Attachment A).

ATTACHMENT(S)

1. Attachment A -Agr No. 3836 West Coast Arborists, Inc. Amendment No. 1

2. Attachment B - West Coast Aborists, Inc. Agreement No. 3836

CITY OF MONTEBELLO
AM
ENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3836
WITH WEST COAST ARBORIST, INC.

T
his Amendment No. 1 to the Professional Services Agreement No. 3836 (“Amendment No. 1”), is made and entered into this 24 th day of September , 2025 , (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and WEST COST ARBORIST, INC. (hereinafter referred to as the “CONTRACTOR”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RE
CITALS
W
HEREAS, the CONTRACTOR and the CITY entered into that certain Agreement No. 3836 for tree maintenance, removal and replacement services, citywide, dated October 14, 2020 ("Agreement"); and
W
HEREAS, Section 2 provides the Parties may extend the Agreement for up to two (2) additional, one-year periods; and
W
HEREAS, the City desires to extend the Agreement for one additional one-year period, and wishes to increase the compensation for this one-year period of an additional 10%; and
NO
W THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AM

ENDMENTS
S
ECTION 1. Services/Compensation. Section 1(D) of the Agreement is hereby amended in its entirety and replaced as follows:
“The C
ONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”) in an annual amount not-to- exceed Four Hundred Sixty Thousand Dollars and 00/100 Cents ($460,000.00).

CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. Cost of living adjustments may be requested by CONTRACTOR and negotiated by the Parties beginning July 1, 2022; provided that if granted by CITY, such adjustment shall not - exceed five percent (5%) per year thereafter. Beginning on the sixth year of the term, provided that if granted by CITY, such adjustment shall not -exceed an additional ten percent (10%) per year thereafter.”
Attachment A

AMENDMENT NO. 1 TO AGREEMENT NO. 3836

SECTION 2. Term. Section 2 of the Agreement is hereby amended in its entirety and replaced as follows:

“This Agreement shall commence upon issuance of a written “Notice to Proceed” by the CITY (“Effective Date”) and shall expire six years from the Effective Date , unless terminated earlier as hereinafter provided . This Agreement may be extended for up to one (1), additional one- year (1) term upon such terms and conditions mutually agreed upon by the Parties in writing.”

SECTION 3. INCORPORATION OF REMAINING TERMS. Except as expressly modified by this Amendment No. 1 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.

(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO WEST COST ARBORIST, INC.

Raul Alvarez, City Manager Patrick Mahoney, President

ATTEST:

Kimberly Guillen, Director of City Clerk
Services

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

Attachment B

ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AGREEMENT NO. 4403 WITH PRECISION CONCRETE CUTTING, INC. FOR CITYWIDE SIDEWALK IMPROVEMENTS
PROJECT (CP 941)

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Agreement No. 4403 between the City of Montebello and Precision Concrete Cutting, Inc for sidewalk improvements project (CP 941) for a not-to- exceed amount of $1,000,000; and

2. Approve use of a cooperative agreement between Public Risk Innovation Solutions and Management (PRISM) and Precision Concrete Cutting as allowed by Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and,

3. Authorize the City Manager to execute Agreement No. 4403 on behalf of the City; and

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

FISCAL IMPACT:

Staff recommend approval of Agreement No. 4403 with Precision Concrete Cutting, Inc in the amount of $1,000,000 for citywide sidewalk improvements (CP 941). The Fiscal Year 2025-26 Capital Improvement Program (CIP) budget includes funding for this capital project in Account No. 222-99-7117 (Measure M, Non-Departmental, Improvements Other Than Building – Paving the Way). Therefore, no budget amendment is needed as part of the recommended actions.

The City of Montebello intends to utilize Public Risk Innovation Solutions and Management’s (PRISM’s) sole source Master Service Agreement (MSA) [VR1.1][DG1.2]

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

with Precision Concrete Cutting Inc. This is a cooperative agreement that allows PRISM members to utilize it for services outlined in the MSA. This allows access to pre- negotiated rates and terms while simplifying the procurement process and ensuring compliance with public contracting requirements. The City is a member of PRISM and utilizes this self-insurance cooperative for its liability and workers' compensation insurance needs.

Using a cooperative agreement allows the City to utilize an existing agreement, ensuring compliance and cost-effective pricing. Pursuant to Municipal Code Section 3.20.050(F), the City of Montebello is authorized to utilize cooperative governmental purchase programs for the acquisition of goods and/or services, provided certain conditions are met:

"Cooperative Purchase – Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purpose of this Section, the term “cooperative governmental purchase program” means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services."

BACKGROUND/DISCUSSION:

Sidewalk trip hazards are vertical lifts typically caused by tree roots. Pedestrians may catch their foot on the vertical lift, causing a trip and potential injury, which could lead to a liability claim. Trees primarily lift sidewalks from the growth of roots, especially large surface roots that expand. In urban areas, such as parkways, soil space is limited and compacted; roots often grow laterally just beneath the surface. As these roots grow, they exert upward pressure on the concrete sidewalk panels above, eventually causing the panels to crack or lift. Since concrete cannot flex, gradual root expansion can lead to significant damage to the sidewalk over time as trees grow.

The Sidewalk Improvement Project (CP 941) will horizontally cut a concrete sidewalk panel that is categorized with a lift between ¼” and 2 ½”. Through an inspection survey conducted by Precision Concrete Cutting Inc. between July and September 2024 across all City Council districts, a total of 16,073 trip hazards were identified, each involving vertical elevation changes as defined by the Americans with Disabilities Act (ADA).

The City of Montebello is currently a member of Public Risk Innovation Solutions and Management (PRISM), which is a franchise partner of Precision Concrete Cutting.

Through this professional partnership, PRISM offers a standardized service rate to all member agencies. With this arrangement, each member, including the City of Montebello, can utilize Precision Concrete Cutting’s services by attaching to PRISM’s Master Service Agreement (MSA), simplifying the procurement process and ensuring consistent pricing.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

With Precision Concrete Cutting Inc’s services, the City of Montebello can significantly reduce costs associated with sidewalk repairs utilizing their specialized method for elimination of trip hazards, which is more effective than traditional concrete grinding or asphalt patching. It is completed with minimal disruption to pedestrian access, and the process is fully compliant with the Americans with Disabilities Act (ADA) and Occupational Safety and Health Administration (OSHA) standards. Furthermore, reducing trip hazards citywide addresses a significant contributor to liability claims.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend awarding Agreement No. 4403 to Precision Concrete Cutting, Inc. for the sidewalk improvements project (CP 941). The City has identified many sidewalk locations that are being lifted due to roots from city trees which may cause pedestrians to trip and fall, causing harm and potentially leading to liability claims. Public Risk Innovation Solutions and Management (PRISM) has a Master Service Agreement (MSA) with Precision Concrete Cutting that allows the City to utilize it for provision of concrete repair services. The recommended actions include utilizing Municipal Code Section

3.20.050(F) — Cooperative Purchases to enter into this agreement. Section 3.20.050(F) allows the City to utilize PRISM's MSA with Precision Concrete Cutting, Inc. to have standardized fees and services while simplifying the procurement process and ensuring compliance with public contracting requirements.

ATTACHMENT(S)

1. Attachment A - Precision Concrete Agreement No. 4403

2. Attachment B - Master Service Agreement for Sidewalk Assessment and Maintenance Services

3. Attachment C - CEQA NOE

4. Attachment D - Precision Concrete Cutting Fee Schedule 2025

5. Attachment E - Sole Source Letter - PRISM 01.02.25

C

ITY OF MONTEBELLO
STANDARD PUBLIC WORKS AGREEMENT NO. 4403
WITH PRECISION CONCRETE CUTTING INC.

T HIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on September 24, 202 5 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and PRECISION CONCRETE CUTTING INC. , a California corporation (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RE
CITALS
W
HEREAS, the CITY desires to receive services for improvements project (CP 941) for citywide concrete cutting (“PROJECT”).

W
HEREAS, the CITY intends to utilize Public Risk Innovation Solutions and Management’s (PRISM’s) sole source Master Service Agreement with CONTRACTOR (“MSA”), a cooperative MSA allows PRISM members to piggyback for services outlined in their MSA.

W
HEREAS, on September 24, 2025, the City Council approved the award of this Agreement through use of the cooperative agreement between PRISM and CONTRACTOR as allowed by Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases.

NO
W, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SECT
ION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. T
he above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of all of the following that apply to this Agreement: PRISM’s M aster Services Agreement, attached hereto as Exhibit “A” and incorporated herein by reference, Scope of Work, g eneral specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the CONTRACT DOCUMENTS are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

S
ECTION 2. THE WORK
F
or and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required Attachment A

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM AND TIME FOR COMPLETION

a. This Agreement shall expi re on June 30, 2026 with an option for City to exercise an extension of up to a six-month period, unless terminated earlier as hereinafter provided.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount for a Contract Total Not To Exceed Amount of One Million Dollars and Zero Cents ($1,000,000), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4.1. Progress Payments

Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.

Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds

Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

statement. The remaining five percent (5 %) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

4.3. Substitution of Securities

Pursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.

Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS

CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within One Hundred Twenty (120) Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS

a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.

d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License

CONTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited

Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

8.3. Compliance with SB 854 Registration

This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

8.4. Trench and Pipeline Safety

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.

8.5. Utility Relocation

The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification

The CITY shall timely notify CONTRACTOR in writing of any third -party claims relating to the Agreement.

8.7. Unfair Business Practices Claims

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work

CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

8.9. Payroll Records

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

8.10. Employment of Apprentices

Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.

8.11. Records Audit

In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS.

b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

SECTION 11. BONDS

a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.

b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”

c. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

SECTION 12. INSURANCE REQUIREMENTS

a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A . The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

SECTION 13. LIQUIDATED DAMAGES

In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore, if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY for the sum of one thousand dollars $1,000.00 as liquidated damages for each working day of delay in the performance of any service required hereunder . Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less

a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

(1) Informal negotiation between the CITY and CONTRACTOR.

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

(2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

14.2 Public Contract Code 9204 Claims

CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:

1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. The CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.

4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.

5. All undisputed claims shall be paid within 60 days.

SECTION 15. TERMINATION

15.1. Termination for Convenience

The CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

15.3 Waiver of Remedies for any Breach

In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

SECTION 19. AUTHORITY

Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT

This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

may designate by written notice:

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]

To CONTRACTOR: Attn: Ronald Durna
13089 Peyton Dr. C#235
Chino Hills, CA 91709
(909) 539-7740
Email: [email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 24. PROHIBITION AGAINST ASSIGNMENT

The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES

The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

SECTION 26. COUNTERPARTS

This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

[SIGNATURE PAGE TO FOLLOW]

STANDARD PUBLIC WORKS AGREEMENT NO. 4403

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.

CITY OF MONTEBELLO
(“CITY”)

By: ___________________________________
Raul Alvarez, City Manager

Date: _______

ATTEST:

_____________________________________
Kimberly Guillen, Director of City Clerk Services

APPROVED AS TO FORM

_______________________________________
Arnold M. Alvarez-Glasman, City Attorney

PRECISION CONCRETE CUTTING
INC. (“CONTRACTOR”)

By:
________________________________
Ronald Durna, President

Date: _______

EXHIBITS:
• Exhibit A – Master Services Agreement
• Exhibit B – Fee Schedule
• Exhibit C – Insurance Requirements
• Exhibit D – Performance Bond
• Exhibit E – Labor and Materials Payment Bond
• Exhibit F – Warranty Bond

EXHIBIT “A”

MASTER SERVICES AGREEMENT

EXHIBIT “B”

FEE SCHEDULE

EXHIBIT “C”

INSURANCE REQUIREMENTS

On or before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR ’s obligations to provide indemnity under this Agreement.

1. Comprehensive General Liability

CONTRACTOR shall carry and maintain Comprehensive General Liability Insurance which provides the following:

Minimum coverage: Bodily injury limits of $ 1,000,000 for each person and $1 ,000,000 for each occurrence; property damage limits of $1 ,000,000 for each occurrence, $2,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);

A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($ 2,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability

CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $1 ,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the

work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.

5. Notice of Cancellation

CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

6. Severability Clause

Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer

All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.

8. Approval of Insurer

The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.

9. Payment of Premiums

All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.

11. Subrogation

To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against the City of Montebello under all the required

insurance for any loss arising from or relating to this Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.

10. Evidence of Insurance and Claims

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

EXHIBIT “D”

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it

does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: __________________________________

Title: ________________________________

Date: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.

--OR--

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California )
)
County of ___________________________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

_________________________
City Attorney

EXHIBIT “E”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Ag reement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement , plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal

By: _________________________________

Title: ________________________________

Surety

By: _________________________________

Title: ________________________________

Date: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.

--OR--

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California )
)
County of ___________________________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

________________________
City Attorney

EXHIBIT “F”
Warranty Bond

PUBLIC WORKS (CALIFORNIA)

WHEREAS, the City Council of the City of _____________________________, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written Agreement (the " Agreement") dated ________________________ whereby Principal agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and __________________________________ ______________________, a corporation organized under the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of _____________________________, (hereinafter called "City"), in the penal sum of
____________________________________________________________________________Doll ars, ($__________________) lawful money of the United States, which is 50% of the amount of the Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY , its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the

specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: _________________________________

Title: _______________________________

Date: _______________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Warranty Bond are true and correct, and that I have been duly authorized to sign this Warranty Bond on behalf of Surety. This Declaration is signed on ___, in the City of , State of California.

--OR--

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California )
)
County of _______________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared __________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

__________________________
City Attorney

Attachment B

FIRST ADDENDUM TO AGREEMENT BY PRECISION CONCRETE CUTTING AND PUBLIC

RISK INNOVATION, SOLUTIONS, AND MANAGEMENT

THIS FIRST ADDENDUM is made and entered into on December 17th, 2024 by and between Precision Concrete Cutting (“Precision”) and Public Risk Innovation, Solutions, and Management (“PRISM”) to amend the Master Service Agreement between PRISM and Precision, effective February 1st, 2024 (“Agreement”). The parties agree to modify the first paragraph of the agreement as set forth below:

The section titled “EXHIBIT A, Scope of Work and Fee Schedule” is hereby amended to add the following:

After Hours and Holiday Service Cost
All sidewalk repairs performed outside of normal business hours (8:00 AM – 5:00 PM, Monday – Friday) and on holidays will be billed at the following rates:

Sidewalk Assessment Fee Schedule
Cost Per
Sidewalk Mile
Total Sidewalk
Miles
Estimated Cost
per Day
Estimated
Man Days
Total Estimate
Assessment Cost

$682.50 TBD $1,000 TBD $ TBD

Trip Hazard Removal
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location

Price per Hazard $54.00 $109.50 $220.50 5 lin. Feet 25 sq. ft.

Additional Repair Services
All other sidewalk repairs performed outside of the scope of services defined in the Agreement will be billed at $60 per inch foot.

The additional repair services are billed in “inch feet”. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut.

For example, a 4-ft wide sidewalk that consists of a .75” inch rise on one side, and tapers down to a zero rise on the other, is calculated as follows:

0.75” +0” x 4ft = 1.5 inch-feet
2 This example repair of 1.5 inch-feet would be billed at $90.

For Public Risk Innovations, Solutions, and
Management (“PRISM”)
For Precision Concrete Cutting (“Precision”)

___________________________________

Name: Charles Williams
Title: Director of Risk Control
Date: __12/17/24__________

___________________________________

Name: Joseph Ortega
Title: Vice President of Business Development
Date: __12/17/24_________

Print Form
Revised 2011
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Montebello

P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640
County of: Los Angeles

(Address)
Project Title: CP-941 Sidewalk Improvements

P
roject Applicant: City of Montebello
P
roject Location - Specific: Sidewalk Improvements (Citywide) P
roject Location – City: Montebello Project Locations – County: Los Angeles Des
cription of Nature, Purpose and Beneficiaries of Project: Sidewalk Improvements , Concrete sidewalk rehabilitation, enhanced American with Disabilities Act (ADA) accessibility path of travel.

N
ame of Public Agency Approving Project: City of Montebello Name of Person or Agency Carrying Out Project: Cesar Roldan, Director of Public Works Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: 15301 Class 1 Statutory Exemptions. State code number:

Reasons why project is exempt: The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption. Section 15301 (Class 1) exempts from CEQA minor alterations to existing facilities, such as a proposed traffic signal installation, which is categorically exempt under CEQA section 15301(c). The application of this categorical exemption is not barred by any of the exceptions set forth in section 15300.2. The project is not expected to have any significant impact with regards to traffic, noise, air quality, or water quality Lead
Agency
Contact Person: Cesar Roldan Area Code/Telephone/Extension: 323-887-1462 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No S
ignature: Date: September 25, 2025 Title: Director of Public Works Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Attachment C

Sidewalk Assessments
Sidewalk assessment services will be offered at a rate of $468.65 per sidewalk mile, and will focus on ADA requirements as well as the agency’s specifications. The amount of time required to complete the services, and the overall cost, will depend on the amount of sidewalk miles that need to be covered.

Trip Hazard Removal
Hazard
Class
Small
3/8" to
1/2"
Medium
>1/2" to
1"
Large
>1"
Lineal
Foot per
Location
Square
Foot per
Location
Price
per
Hazard
$37.08 $75.19 $151.41 5 lin. Feet 25 sq. ft.

Effective Date: July 1 , 2025st
Precision will come out at no cost to perform a field demonstration to repair a sidewalk and explain how the service works. Precision works with agencies to either perform sidewalk assessments of specified areas and/or remove identified hazards.

Standard Business Hours
Sidewalk Assessment & Maintenance
Services Fee Schedule
Attachment D

All sidewalk repairs performed outside of normal business hours (8:00 AM – 5:00 PM, Monday – Friday) and on holidays will be billed at the following rates:

Sidewalk Assessments
Sidewalk assessment services conducted after hours will be offered at a rate of $682.50 per sidewalk mile, and will focus on ADA requirements as well as the agency’s specifications.

Trip Hazard Removal
Hazard
Class
Small
3/8" to
1/2"
Medium
>1/2" to
1"
Large
>1"
Lineal
Foot per
Location
Square
Foot per
Location
Price
per
Hazard
$54.00 $109.50 $220.50 5 lin. Feet 25 sq. ft.
www.prismrisk.gov | 916.850.7300 | [email protected] After Hours and Holidays
Additional Repair Services
All other sidewalk repairs performed outside of the scope of services will be billed at $60 per inch foot.

RE
: Precision Concrete Cutting Patent Information January 2, 2025 To W
hom It May Concern,
This letter is intended to describe and confirm that in our opinion, Precision Concrete Cutting’s (Precision) method of eliminating and/or reducing sidewalk related trip hazards is entitled to sole-source provider eligibility status.

P
recision is represented in California by four franchises spread throughout the state and is the exclusive licensee of the Precision method of eliminating and/or reducing sidewalk related trip hazards utilizing specialized equipment, processes and technology patented by the US Patent and Trademark Office.

P
recision’s current and previous patents are as follows:

P
revious Patent
U.S. Pat. No. 6,827,074
C
urrent & Pending Patents
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
U.S. Pat. No. 9,759,559
U.S. Pat. No. 9,494,407
U.S. Pat. No. 11,628,596
For
further information regarding Precision’s sole-source provider status, please contact:

Best Regards,
C
harles Williams
Director of Risk Control
PRISM
O: 916.850.7300
Joseph Ortega
VP of Business Development
Precision Concrete Cutting
[email protected]
(650) 576-4303
Chandler Wright
Sr. Risk Control Specialist
PRISM
[email protected]
(916) 850-7300
Attachment E

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Luis Lopez, Police Chief

SUBJECT: APPROVE PURCHASE OF FOUR (4) LOW-EMISSION VEHICLES AND

CHARGING EQUIPMENT FOR THE POLICE DEPARTMENT UTILIZING

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD)

FUNDING

DATE: September 24, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the purchase of four (4) vehicles and electric charging equipment for the Police Department using Air Quality Management District (AQMD) funds; and,

2. Authorize the purchase of the four (4) vehicles utilizing Montebello Municipal Code Section 3.20.050(F) - Cooperative Purchase, through Sourcewell Cooperative Contract #032824-OLA (Attachment B); and,

3. Authorize the City Manager to execute all necessary documents related to the purchase of four vehicles and charging equipment; and,

4. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $200,000 in Account No. 245-99-6082 (AQMD, Vehicle Purchases) and $45,000 in Account No. 245-99-6010.10 (AQMD, Machinery and Equipment); and,

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

FISCAL IMPACT:

The total cost for the purchase of two (2) 2026 Chevrolet Equinox, one (1) 2026 Ford Mach E, and one (1) 2026 Ford Lightning vehicles and two (2) charging stations with four (4) charging ports will not exceed $200,000 for the vehicles (Attachment A) and $45,000 for the vehicle charging station equipment and installation. This expenditure will be fully funded through the Air Quality Management District (AQMD) Fund (Account Nos. 245- 99-6082 and 245-99-6010.10). This funding is restricted to the purchase or lease of low- or zero-emission vehicles and supporting charging equipment that contributes to

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

reducing air pollution. The recommended actions will require amending the Fiscal Year 2025-26 budget by increasing appropriations by $200,000 in Account No. 245-99-6082 (AQMD, Vehicle Purchases) and $45,000 in Account No. 245-99-6010.10 (AQMD, Machinery and Equipment).

Historically, the AQMD AB2766 Fund has been underutilized by the City. In recent years, however, the City has made notable progress by integrating hybrid, electric, and other clean-air vehicles into the municipal fleet to support regional and state sustainability goals. Sufficient funds are currently available to support this purchase. These new units will replace aging, high-maintenance gas-powered vehicles and improve the operational efficiency of the Police Department.

Given the critical operational needs for Police Department vehicles—and the significant lead time currently needed to secure vehicles of any type—staff recommends proceeding outside the City’s standard procurement process. Moreover, given the uncertainty in the automotive market due to recent tariff action by the Federal Government, it is in the City's best interest to move quickly in acquiring these vehicles before costs increase substantially. Therefore, Staff recommend procurement of these four (4) vehicles utilizing Sourcewell cooperative contract #032824-OLA (Attachment B) as allowed per Montebello Municipal Code Section 3.20.050(F):

Cooperative Purchase — Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purposes of this Section, the term "cooperative governmental purchase program" means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.

The four vehicles will require police-related equipment such as lights and sirens to be installed. The equipment and installation costs will be covered by existing budgeted funds in the Police Department's vehicle maintenance and repair account, so there will be minimal impact to the General Fund.

The purchase of the equipment for the charging stations will utilize the standard informal bid process as outlined in the Municipal Code and related purchasing policies. The charging station's installation will be completed by Public Works Building and Maintenance employees and/or other outside service contractors typically utilized by Public Works for this type of work.

BACKGROUND/DISCUSSION:

The Police Department relies heavily on its fleet of vehicles to provide emergency and non-emergency services to the community. The four low-emission vehicles will be used for a variety of Police Department services.

The Ford Lightning is an all-electric pick-up style truck that will be outfitted with

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

emergency lights and sirens and will be distinctly marked as a Montebello Police Department Vehicle. It will primarily be used by the newly formed Park Services Bureau for patrolling the parks and adjacent riverbed areas. The two Chevrolet Equinox and the Ford Mach E are small SUV-type vehicles that will not be marked but will have lights and sirens for emergency use as necessary. They will be primarily used for administrative purposes but may also be used by Police Department staff to respond to crime scenes or other emergencies.

The Ford Mach E, Ford Lightning, and Chevrolet Equinox EV have been pre-approved by the AQMD for purchase through the AB2766 program. The vehicle charging stations will be installed on City property in the Police Department secured parking lot. There will be no public access to the charging stations. This is in compliance with the requirements of the AQMD AB2766 program rules and restrictions.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

N/A

SUMMARY:

Using existing AQMD funds, the Police Department is requesting approval to purchase four (4) new vehicles to replace the aging fleet vehicles to support the Parks Services Bureau and other administrative functions (Attachment A). The vehicles selected—two (2) 2026 Chevrolet Equinox EV, one (1) 2026 Ford Mach E and one (1) Ford Lightning and the electric vehicle charging stations—meet the operational needs of the Department while complying with the Air Quality Management District (AQMD) program requirements.

The total cost of the vehicles and charging stations will not-to-exceed $245,000 and will be fully funded through the AQMD Fund.

Staff recommends procuring the vehicles utilizing the exemption to the City’s standard purchasing method outlined in Montebello Municipal Code Section 3.20.050(F) -- Cooperative Purchase, using Sourcewell Cooperative Contract #032824-OLA (Attachment B). The recommended actions also require amending the Fiscal Year 2025- 26 budget by increasing appropriations by $200,000 in Account No. 245-99-6082 (AQMD, Vehicle Purchases) and $45,000 in Account No. 245-99-6010.10 (AQMD, Machinery and Equipment).

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 24, 2025

ATTACHMENT(S)

1. Attachment A - Vehicle Quotes

2. Attachment B - Sourcewell Olathe Contract #032824-OLA

ATTACHMENT A

032824-OLA
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Solicitation Number: RFP #032824

CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Olathe Ford Sales, Inc., 1845 E. Santa Fe, Olathe, KS 66062 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES









  


 

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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.










  


 

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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;









  


 

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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized 








  


 

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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE










  


 

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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted 








  


 

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price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.










  


 

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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.









  


 

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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.










  


 

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 








  


 

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 








  


 

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.










  


 

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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.










  


 

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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with 








  


 

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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 








  


 

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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person 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. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and 








  


 

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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.










  


 

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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Olathe Ford Sales, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Marc McEver
Title: Chief Procurement Officer Title: Dealer Principal

Date: ________________________

Date: ________________________










  


 
















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Bid Number: RFP 032824 Vendor Name: Olathe Ford Sales Inc. 








  


 

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Bid Number: RFP 032824 Vendor Name: Olathe Ford Sales Inc. 








  


 

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Bid Number: RFP 032824 Vendor Name: Olathe Ford Sales Inc. 








  


 

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Bid Number: RFP 032824 Vendor Name: Olathe Ford Sales Inc. 








  


 

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