Montebello City Council
June 24, 2026

17 that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Service Agreement

18 Appendix “A”
Proposal Content and Format
Proposal Content
The contractor shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting electrical services, which contains at a minimum the following information:

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

Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

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

3. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

All proposals must be submitted using the PlanetBids Portal by Thursday, June 4, 2026, at 11:00 AM PDT. It is highly encouraged that proposals are submitted ahead of the

19 deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall be printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. Proposals should also include the following:

1. Title Page showing the request for proposals subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFP.

20 Appendix “B”
Cost Proposal
Contractor Name: ______________________________________________ Contractor License #:____________________________________________ Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associated costs at prevailing wage rates.

Supervisory: is the cost per hour for one supervisory or journeyman/foreman personnel including all associated costs at prevailing wage rates.

Business Hours: are considered 7:30 a.m. through 5:30 p.m., Monday through Thursday.

Overtime: is the cost per hour over an 8-hour workday or 40-hour work week or for hours worked after 4:30 p.m.

Materials Markup is the percentage added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental. Proof of material costs will be required.

Emergency/Holiday is the cost per hour for after-hours work with a one- hour minimum response time or services performed on any national holiday at prevailing wage rate.

Authorized Representative: ___________________________ Signature: ________________________ Date: ________________________
Labor Only Items Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Journeyman/Hour $ /hr $ /hr $ /hr
Supervisory/Hour $ /hr $ /hr $ /hr
Labor and Equipment Items Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Bucket Truck $ /hr $ /hr $ /hr
15’ to 40’ Personnel Lift $ /hr $ /hr $ /hr
41’ to 110’ Personnel Lift $ /hr $ /hr $ /hr
Total
Materials Markup: _______________%

21 Appendix “C”
Reference Sheet
RFP 26 – 13 On-Call Electrical Maintenance and Repair Services Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

22 Appendix “D”
Sample Professional Services Agreement
[See Next Page]

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. _____

WITH CONSULTANT NAME
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202X (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Consultant Name (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

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

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed

PROFESSIONAL SERVICES AGREEMENT NO. _____

boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [insert designated email]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

PROFESSIONAL SERVICES AGREEMENT NO. _____

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed 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 the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

be entitled.

SECTION 20. WARRANTIES.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

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

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

Email: [ENTER EMAIL ADDRESS]
If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email:

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

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

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the 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. The CONSULTANT will take affirmative action to ensure that subconsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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SECTION 24. CONFLICT OF INTEREST.

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

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

SECTION 25. ENTIRE AGREEMENT.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

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

EXHIBIT ‘B’
CONTRACTOR’S PROPOSAL

REQUEST FOR PROPOSAL
RFP NO. 26-13

ON-CALL ELECTRICAL

MAINTENANCE AND REPAIR

SERVICES
David P. Heermance
Crosstown Electrical & Data, Inc.

Submitted By:
13595 12 St., Chino, CA 91710
th
626-813-6693
[email protected]
City of Montebello
BID DUE: THURSDAY, JUNE 4 AT 11:00 AM

City of Montebello
Request for Proposal – On-Call Electrical Maintenance and Repair Due Date: Thursday, June 4, 2026
P a g e 1 |
June 4, 2026
City Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
To Whom it May Concern:

Crosstown Electrical and Data Inc. (“Crosstown”) is honored to submit this proposal to serve the City of Montebello’s request for On-Call Electrical Maintenance and Repair Services.

Crosstown is a local Southern California based Electrical & General Contractor specializing in Traffic Signal Maintenance, installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems, traffic signal installations and modifications. We are a powerful team that provides quality traffic signal and street lighting maintenance services as well as all types of traffic signal related construction and communication/interconnect work. Our team cares greatly about each City we work for and take care in providing excellent service.

Crosstown’s Traffic Maintenance division currently employs professional IMSA certified traffic signal/streetlight electricians and an operational staff consisting of dispatchers, billing specialists, customer service representatives, purchasing agent, and management team. We have the experience required and we are qualified to perform the scope of work stated in this RFP.

Crosstown intends to use in-house personnel and equipment required to service the city of Montebello. We support the International Municipal Signal Association (IMSA) training procedures with all of our technicians obtaining advanced certification through in-house training and participation in IMSA certification courses. The specialized experience and professional competence of Crosstown’s personnel is identified in the personnel section of this response.

Crosstown maintains an A & C-10 License, No. 756309. We are also registered with the Department of Industrial Relations, No. 1000000155. Crosstown owns all of its own bucket trucks, work trucks, bobcats, cranes, boring rigs and traffic control equipment. David Heermance, President, is the person authorized to submit the proposal and will have contractual responsibility with the City of Montebello
We are confident in our ability to meet and exceed the City’s expectations, leveraging our technical expertise, comprehensive resources, and commitment to public safety. Thank you for considering our proposal. We look forward to the opportunity to serve the City of Montebello as your On-Call Electrical Maintenance and Repair Service Team.

Best Regards,
Dave Heermance –President
5454 Diaz St., Irwindale, CA 91706
Phone: (626) 813-6693;
Email: [email protected]
www.crosstowndata.com

City of Montebello
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TABLE OF CONTENTS

1. Cover Letter................................................................................................................... 1

2. Table of Contents ......................................................................................................... 2

3. Company Qualifications............................................................................................... 3

4. Qualifications of Management Staff and Key Personnel........................................... 5

5. Understanding of Scope of Work ................................................................................ 9

6. References .................................................................................................................. 11

7. Conflict of Interest Statement & Financial Condition .............................................. 12

8. Attachments................................................................................................................ 14 • Cost Proposal
• Appendix C Reference Form
• Technician Resumes & Certificates

City of Montebello
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EXPERIENCE AND QUALIFICATION OF THE FIRM
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 27 years and our acquired traffic signal maintenance division has over 40 years of experience. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 165 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal. Our traffic signal and street light maintenance technicians are available to take on this contract and provide an exceptional level of service.

Crosstown has good relationships with many cities throughout California, including multiple traffic signal maintenance contracts. See reference section for reference projects and details. Crosstown maintains a Class “A” General Construction license and a class “C-10” Electrical license, No. 756309, Expires 11/30/26. We are registered with the Department of Industrial Relations, DIR # 100000155. Crosstown complies with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively.

Crosstown complies with the Copeland Anti- kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

Commitment to Service, Safety, and Value
We understand the responsibility that comes with maintaining critical municipal infrastructure. Our approach emphasizes:
• Rapid, reliable emergency response
• Cost-effective, proactive system maintenance
• Transparent communication with City staff
• Full compliance with Cal/OSHA and MUTCD safety standards Responsible, Competitive pricing
Our rate schedule is designed to deliver maximum value without compromising quality. Key features include:
• Fair, efficient labor rates – no inflated charges
• Low-use equipment priced lean – savings where it matters • Materials markup capped at 15% - budget friendly control • Optional preventive maintenance program – fixed monthly cost for predictability

City of Montebello
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Why Choose Crosstown?
Smart Maintenance. Honest Pricing. Reliable Results.
• Experience You Can Trust: IMSA Certified Technicians, fast callouts, high uptime • Responsiveness That Delivers: Routine & Emergency response times that meet or exceed the city’s requirements.
• Transparent and Accountable: Detailed reporting, photo documentation, no surprise fees
• Ready to Hit the Ground Running: Our team will be prepared to begin when the City is ready!
Key Contact Information:

Company Name:

Legal Form of Company:

License no.:

Federal Employer ID #:

DIR #:

Crosstown Electrical & Data, Inc.

Corporation
756309
22-3611877
1000000155
Primary Project Contact: Jerry Davis: Senior Operations Manager Telephone Number:

Cell Phone:
(951) 738-1444
(951) 260-3694
Email:

Corporate Office:
[email protected]
5454 Diaz Street
Irwindale, CA. 91706
(626) 813-6693
Secondary Office: 13595 12th St.

Chino, CA 91710

City of Montebello
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PROJECT TEAM QUALIFICATIONS/ QUALIFICATIONS OF KEY PERSONNEL Crosstown’s technicians are skilled and regularly engaged in traffic signal and street light maintenance as well as performing underground Service alerts (USA’s). References from other cities in which we provide Traffic Signal and Street Light Maintenance services is provided below. Crosstown has the resources and experience to provide cost-effective and quality professional services to the city.

Crosstown has extensive experience working in busy arterial roadways, freeways, and intersections and is capable of taking all necessary safety precautions to provide both a safe working environment for our team as well as safety for the traveling public.

Our Technicians carry the IMSA Traffic Signal Field Technician certifications. Our lead technician will be a Sr. Level III certified technician which includes education and knowledge in M.U.T.C.D , understanding of basic electronics and electrical standards in the National Electrical Code, National Electrical Safety code, Traffic Control Devices Handbook, lightning and grounding protection and traffic signal preemption devices, and data communication methods. It is understood that any change to the assigned transportation system electrician staffing shall require City approval.

KEY PERSONNEL / QUALIFICATIONS
A. Crosstown’s Qualified Maintenance Personnel
Crosstown will maintain an adequate level of labor resources as required by the Scope of Work. The designated manager will have full involvement in the work effort. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks. (Technician resumes are also attached at the end of this document):
a. Shea Grotke - Maintenance Technician / IMSA Field Technician Level III:

Shea would serve as a lead technician for this project. He has a Bachelor of Arts in Computer Science from Cal State San Bernardino. He has experience as a General Maintenance Supervisor of a Building Complex and working in General Construction for Shimmick. Shea joined Crosstown in March of 2020 and has his IMSA Work Zone Safety and Traffic Signal Level I, II, and III certifications. Shea is also an IBEW Union Traffic signal Maintenance Technician, he is bucket truck certified, and trained in Iteris Video Detection systems, Gridsmart Video Detection systems, and Econolite Controller Programming. He has currently been providing Maintenance services in the cities of Laguna Hills, West Hollywood, Maywood and Los Alamitos. Please see attached resume for additional information.
b. Galt Grotke – Maintenance Technician / IMSA Field Technician Level III:

Galt Grotke will serve as a asst. lead technician and is a highly skilled and certified Traffic Signal Technician with over seven years of hands-on experience maintaining, troubleshooting, and repairing traffic signal systems for

City of Montebello
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multiple municipalities throughout Southern California. As a key member of Crosstown Electrical & Data’s Traffic Signal Maintenance Division, Galt brings technical expertise, operational leadership, and a commitment to public safety to every project. Prior to joining Crosstown, Galt served honorably in the United States Air Force as an Electrical and Environmental Systems Technician, where he gained critical experience in troubleshooting complex electrical systems and responding to high-pressure, time-sensitive challenges. This foundation of discipline, precision, and teamwork continues to drive his performance in municipal traffic signal maintenance.
c. Haresh (Harry) Vaidya – Maintenance Technician / Journeyman Electrician / IMSA Field Technician Level III: Mr. Vaidya will be the backup technician for this project and he possesses strong technical skills and ability to collaborate with others. He has over 30 years of experience in the industry and his strengths include the installation, repair, and replacement of complex electrical and electronic equipment in the field and in production settings. Mr.

Vaidya is experienced in the repair of Econolite ACS/3-2100 and Cobalt controllers and their integrated operation with Econolite Centracs. Please see attached resume for additional information.

B. Crosstown’s Management Contacts and Support Staff
a. David Heermance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C-10 License and has led Crosstown to experience continual growth and success each year. Mr. Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr.

Heermance has developed exceptional management skills in relation to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer.
b. Jerry Davis – Senior Traffic Signal Maintenance Operations Manager: As Senior Operations Manager Jerry is also the Contract Compliance Manager for this contract. He is responsible for providing strong strategic leadership for the company by working with other management staff and ownership to establish long-range goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct, and evaluate the organization’s fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance, and service operations, many of those years have been spent in high profile leadership roles. Jerry worked many of

City of Montebello
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his years in this industry as an IBEW Union journeymen electrician, foreman, and general foremen and as a Project Engineer for Steiny & Co. Jerry came to CSC in early 2013 to oversee all aspects of the company’s operations and now manages all Traffic Signal Maintenance operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level II Traffic Signal Field Technician Certifications, IMSA Traffic Signal Inspector Certification, as well as the OSHA 30 certification.
c. Ralph Maciel – Inventory / Warehouse Manager: Ralph has been with CSC for 19 years and came over to Crosstown in 2020. Ralph is in charge of ordering the equipment that is needed on a day-to-day basis and ensuring that the supplies stay well stocked. His knowledge of traffic signal equipment has been a vital asset in keeping our warehouse stocked with all the equipment, tools, and supplies needed to keep our city’s intersections running and looking great. d. Dan Bylund – Purchasing / IT System Administrator: Dan has a BA in Business and is a Certified Microsoft Professional. He has been with the company for over 5 years and is currently working with our Web-based Maintenance Management System (MMS). This real time work monitoring program (Sales Force) allows the cities to see how the preventative and response maintenance is going on a day-to-day, hour-by-hour time basis. Dan is our liaison with the companies we purchase our equipment through. He also is involved with our monthly invoicing to the cities.

C. Subconsultants – In the case loops are required for a task orde, Crosstown proposes to subcontract Smithson Electric:
a. Smithson Electric
1938 E. Katella Ave.

Orange, CA 92867
714-997-9556
License #614518

City of Montebello
Request for Proposal – On-Call Electrical Maintenance and Repair Due Date: Thursday, June 4, 2026
P a g e 8 |
David P. Heermance,
President
General Construction
and Underground
Division
Ricardo Avila,
Superintendent
45+ General Foremen,
Journeymen,
apprentice, and
Operating Engineers
Fiber Optic Division
JP Nelson,
Superintendent
6+ Fiber Optic
Technicians
Communication and
ITS Systems Division
Alex Zepeda,
Superintendent
Abraham Morales,
General Foreman
30+ Foremen,
Journeymen,
Appentice, and
Network Engineers
Traffic Signal
Maintenance Division
Jerry Davis , Senior
Operations Manager
Shea Grotke, TSM
Level III
Galt Grotke, TSM Level
III
Harry Vaidya, TSM
Level III
3+ IMSA Level I and II
Technicians
Ben Heermance, CFO

CITY OF MONTEBELLO
Jerry Davis, Operations
Manager - Works
directly with CITY
Personnel
Traffic Signal
Maintenance
Technicians
Shea Grotke,
Maintenance Tech Lead
(Will work directly with
CITY personnel)
Harry Vaidya,
Maintenance Tech
Underground Division
(teams dispatched as
needed)
Ricardo Avila,
Crosstown Underground
SuperintendentFiber and
Communication Division
(teams dispatched as
needed)
JP Nelson, Crosstown
Fiber Superintendent;
Alex Zepeda, Crosstown
Communication Super
David P. Heermance,
President - Project
Oversight

CROSSTOWN CORPORATE STRUCTURE

MONTEBELLO RFP TEAM ORGANIZATION
GALT GROTKE, Tech

City of Montebello
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UNDERSTANDING OF THE SCOPE OF WORK AND WORK PROPOSAL
The following sets forth Crosstown Electrical & Data’s
(Crosstown’s) approach and understanding to
accomplishing the tasks outlined in the Scope of Work
(SOW). Crosstown complies with all applicable federal,
state and local laws, codes, ordinances and regulations.

Crosstown acknowledges the four main tasks set forth in this RFP and will provide and understanding of each task.

General
Crosstown will have all required tools, materials,
equipment, apparatus, facilities and skilled labor services available to perform all work necessary for this RFP,
including but not limited to all labor, supervision, equipment, tools, materials and incidentals and will be prepared to perform services upon assignment. All of our staff will be properly trained, qualified and experiences in performing electrical work consistent with industry standards. We will provide sufficient staffing levels to meet the demands of each on-call task to ensure completion. maintain and repair the traffic signals and safety lights in the City in compliance with current City standards and specifications.

Crosstown will provide all vehicle(s) to be used by the our technicians, which will be equipped with warning beacon/strobe lights; traffic cones; construction warning sign; a hydraulic bucket capable of reaching the appropriate height to maintain traffic signals and appurtenances from the roadway surface; necessary computer laptop for programming, maintenance and testing of traffic signal controllers and various equipment; and communications equipment for dispatch. All Crosstown personnel assigned to this Contract will maintain reliable two-way communication capability at all times while performing work.

A hydraulic bucket truck capable of reaching a height of at least 28 feet above ground will be available. A computer laptop for programming, maintenance and testing of traffic signal controllers and equipment will be provided to our technicians.

Crosstown will maintain a valid Class A and Class C-10 contractor license. Contractor license No. 756309 which expires on 11/30/26. We will also apply for and maintain a current City of Montebello Business license throughout the duration of the agreement.

Crosstown will pay prevailing wages pursuant to current Labor Codes and is registered with the Department of Industrial Relations, DIR #1000000155.

Crosstown’s assigned technician will be available to meet with the City’s designated representative as needed and agreed upon mutually, to discuss maintenance activities.

The assigned technician will maintain the appropriate certifications for this project.

Crosstown will provide on-call maintenance and repairs on an as-needed basis to support the City of Montebello’s facilities and infrastructure which may include, but not limited to

City of Montebello
Request for Proposal – On-Call Electrical Maintenance and Repair Due Date: Thursday, June 4, 2026
P a g e 10 |
maintenance, repair, troubleshooting, and installation of electrical systems. Crosstown will perfom all work in a timely, safe, and professional manner in accordance with the requirements of this RFP. Crosstown will also provide support personnel of any appropriate trade to complete work not requiring the services of a certified transportation system electrician to be deployed on an as-needed basis. Crosstown has a team of Journeymen, Fiber Technicians, network engineers, etc. that can handle all traffic related or electrical issues and can quickly restore communication as needed.

Availability and Response
Crosstown will be available to respond to service requests on a continuous basis, including after-hours, weekends, and holidays, 24 hours per day, 7 days per week and 365 days per year. Crosstown will respond to routine service requests withing two hours after notification and will respond to emergency service requests within one hour. Crosstown understands that the City’s standard business hours are 7:30 AM to 5:30 PM, Monday through Thursday and that work may be required outside of these hours.

Safety Requirements and Incident Reporting
Crosstown will be responsible for maintaining a safe working environment at all times and all work will be performed in accordance with applicable OSHA and Cal/OSHA safety standards. Crosstown will notify the Contract Administrator of any accident, injury, or emergency incident occurring in connection with our work immediately and provide a written incident report within 3 calendar days.

Identification, Uniforms, and Professional Conduct
Crosstown will maintain a professional appearance and clearly identifiable presence while on site to include all of our vehicles and equipment being clearly marked with our company name / logo and all personnel wearing Crosstown shirts. Our personnel will maintain a nea and professional appearance at all times. Safety vests will be work when necessary.

Contractor Qualifications
Per the contractor qualifications stated in the request for proposals, Crosstown will provide a skilled and professional team that is very capable of delivering quality On-Call Electrical Maintenance and Repair Services.

Crosstown has dozens of references available upon request, not only for on-call and maintenance work, but also for large-scale construction projects where we bring projects in on time and within budget. We have many in-house resources to get work done fast, efficiently, and with high quality personnel. With work being performed by in-house staff, we can be flexible in adapting to meet your agency’s needs. Crosstown has experience

City of Montebello
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P a g e 11 |
working with local governments and agencies and have been providing construction services for 27 years. Crosstown is the right choice to meet your qualifications and provide On-Call services for the city of Montebello.

CLIENT REFERENCES
A. List of Current and or completed Representative Maintenance Projects and Contact information.

City of San Dimas (36 Intersections, Traffic Signal Maintenance & Emergency on Call Services, Value $195,000)
Chase Buckelew, Public Works Maintenance Superintendent 245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6270
[email protected]
City of Chino HIlls (Traffic Signal Maintenance & Emergency Repair, Value:
$210,000)
Carl Hassel, Director of Public Works
14000 City Center Dr., Chino Hills, CA 91709
(909) 364-2817
[email protected]
City of Laguna Hills (49 Intersections, Traffic Signal Maintenance & Emergency on Call Services, $200,000)
Kenneth Rosenfield, Director of Public Works
24035 El Toro Road, Laguna Hills, CA 92653
(949) 707-2655
[email protected]
City of Upland ( Value: $325,000)
Bob Critchfield, Engineering Manager
1370 N. Benson Ave., Upland, CA 91786
(909) 291-2946
[email protected]
City of Arcadia (Traffic Signal Maintenance & Emergency on Call Services, Value: $95,000)
Kevin Merrill, City Engineer
204 W. Huntington Ave., Arcadia, CA 91007
(626) 574-5481
[email protected]

City of Montebello
Request for Proposal – On-Call Electrical Maintenance and Repair Due Date: Thursday, June 4, 2026
P a g e 12 |
City of Hemet (41 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Matt Devore, Facilities Maintenance Technician
3777 Industrial Avenue, Hemet, CA 92545
(951) 765-3710
[email protected]
City of Maywood (Traffic Signal Maintenance & Emergency on Call Services, $120,350)
Able Hernandez
4319 East Slauson Ave., Maywood, CA 90270
(323) 562-5700
[email protected]

COST PROPOSAL
Please see attachment to include the “COST PROPOSAL”

CONFLICT OF INTEREST STATEMENT
Crosstown does not have any financial, business or other relationship with the City of Montebello that may have an impact on the selection process for the RFP.

FINANCIAL STATEMENT
Our firm is financially strong and bondable and we have an excellent reputation for providing quality service to various cities and government agencies throughout Southern California. Crosstown has a 3 year average of over 60 million dollars in revenue.

Crosstown is pleased provide a copy of our reviewed financial statements upon request.

ATTACHMENTS
➢ COST PROPOSAL
➢ APPENDIX C REFERENCE FORM
➢ TECHNICIAN RESUMES AND CERTIFICATES

City of Montebello
Request for Proposal – On-Call Electrical Maintenance and Repair Due Date: Thursday, June 4, 2026
P a g e 13 |
OUR PLEDGE and GUARANTEE TO THE CITY OF MONTEBELLO
Crosstown brings decades of experience, highly trained technicians, and a proven service model refined through work in multiple Southern California cities. We are committed to providing the City of Montebello with a dependable, professional, and transparent On-Call Electrical maintenance program that enhances safety, improves reliability, and protects public investment in critical infrastructure.

Crosstown guarantees that the entire work performed under the agreement will meet fully all requirements to quality of workmanship and materials furnished. Crosstown will make any repairs or replacements made necessary by defects in materials or workmanship supplied by it that are known within one year from notice to Crosstown regarding said defects.

21 Appendix “C”
Reference Sheet
RFP 26 – 13 On-Call Electrical Maintenance and Repair Services Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

21 Appendix “C”
Reference Sheet
RFP 26 – 13 On-Call Electrical Maintenance and Repair Services Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

SHEA GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

EDUCATION
Bachelor of Arts Degree, Computer Science, California State San Bernardino

CERTIFICATIONS
• IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III • IMSA Work Zone Temporary Traffic Control Technician Certification

WORK HISTORY
Crosstown Electrical & Data, Inc. / CSC – Traffic Signal Technician 2019 – Current • Provide Technical Support for Traffic Signal and communication systems • Perform controller programming
• Perform conflict monitor testing and programming of conflict monitor keys • Perform general monthly traffic signal maintenance for various cities • Verify detection systems and coordinate loops
• Aim signals and head and change our bulbs as needed
• Perform replacement of poles/cabinets that are knocked down • Iteris, Econolite & GridSmart Video Detection, Installation, Programming & Troubleshooting • CMU & MMU Testing & Installation
• Streetlight & ISNS Maintenance & Repair
• McCain & Econolite Controller Installation & Programing • Polora PPB Installation, Programming & Troubleshooting • Controller Cabinet Installation and Replacement
• Traffic Signal Turn-On Support for various contractors and agencies •
Steiny, Inc. – Signal Construction 2017-2019
• Performed labor on the Signal installation crew
GSI and Crane Development – General Construction Labor 2005-2017 • Perform general construction labor on roadways
RECENT REFERENCE PROJECTS:
• City of Laguna Hills Traffic Signal Maintenance
• City of Maywood Traffic Signal Maintenance
• City of Los Alamitos Traffic Signal Maintenance
• City of West Hollywood Pedestrian Flashing Beacon Maintenance • City of West Hollywood City-Wide Street Light Maintenance & Repair • City of Azusa Flashing Crosswalk & Radar Speed Sign Installation, Maintenance & Repair • Technical Support for the OC 405 Project to include controller programming and Gridsmart camera installation and programming.

Congratulations on obtaining your IMSA Certification. Below is your card, and you can print your current certification card or certificate any time by logging into your IMSA profile at www.IMSAsafety.org (click Sign In at the top of the page).

All IMSA certifications are valid for a three-year period from date of issue. The expiration date can be found on the certificate and certification card. Renewal requirements must be completed prior to the expiration date of each certification.

For detailed information on Renewal Requirements visit: www.IMSAsafety.org/certrenew Renewal Requirements:

Complete a personal log of your continuing education by documenting training and/or certification(s) received.

Documentation can be recorded online in your IMSA profile OR by downloading the Renewal Packet found on the Renewal Requirements page. Certificates of completion, transcripts and any other relevant documentation can be uploaded on the IMSA website.

Options for Renewal:
‡Continuing Education
‡Attending Certification Course
‡Achieving the Next Level Certification
Documentation
It is the certification holder¶s responsibility to submit proof of continuing education. Continuing Education Credits (CECs) can be submitted for approval online in your IMSA profile.

Renewal After Expiration
The certification is no longer valid after the expiration date. However, you may reinstate your certification within one year of the expiration date by documenting 16 CEC hours for most certifications. If the certification is not reinstated within one year, you must renew through the normal certification process by taking the current certification exam at the highest level previously attained and paying the regular certification exam fee. Only the regular certification exam fees will be due, and retake of prerequisites will not be required. IMSA will not recognize any IMSA certificate(s) without an expiration date. 597 Haverty Court, Suite 100
Rockledge, FL 32955
321-392-0500 www.IMSAsafety.org
Name: Shea E. Grotke
IMIS ID: 130097
Section: Far Western
Signature:

Certification and Expire Date
IMSA Traffic Signal Senior Field Technician III - Renewal - 6/24/2028
Conforms to PennDOT Pub 408 Section 901.3(y)

GALT GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
TRAFFIC SIGNAL TECHNICIAN – IMSA LEVEL III CERTIFIED
Experienced Traffic Signal Electrician and U.S. Air Force veteran with proven expertise in troubleshooting, programming, and maintaining a wide range of traffic signal systems and components. Skilled in NEMA and 332 cabinet systems, advanced detection, and pedestrian technologies. Dedicated to ensuring safety, minimizing signal downtime, and training the next generation of techs.

CERTIFICATIONS
• IMSA Traffic Signal Technician Level I
• IMSA Traffic Signal Technician Level II
• IMSA Traffic Signal Technician Level III
• IMSA Work Zone Safety Certified

TECHNICAL EXPERTISE
• NEMA TS1 & TS2 Cabinets and Controllers
• 332 Type Cabinets
• Iteris & Econolite Video Detection Systems
• Polara Accessible Pedestrian Systems (APS)
• Signal Installation, Diagnostics, and Preventative Maintenance • Troubleshooting, Programming, and Emergency Repairs
• Coordination with Public Works, Utilities & Contractors • Cabinet Assembly, Wiring, and Signal Turn-On Support

PROFESSIONAL EXPERIENCE
Traffic Signal Technician
Crosstown Electrical & Data, Inc. – Irwindale, CA | September 2017 – Present • Troubleshoot, install, and program NEMA TS1, TS2, and 332 traffic signal cabinets and controllers.
• Maintain and repair complex signalized intersections using video detection and pedestrian technologies.
• Specialize in Econolite and Iteris camera systems and Polara APS programming. • Respond to emergency signal failures and provide on-call coverage for municipal clients.

GALT GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
• Train and mentor new hires on equipment operation, signal safety, and troubleshooting protocols.
• Communicate with public agencies to coordinate repairs, upgrades, and power interruptions.

Electrical & Environmental Systems Technician
United States Air Force | June 2010 – December 2016
• Diagnosed and repaired electrical and environmental systems aboard multiple aircraft platforms.
• Maintained mission readiness under strict timelines and coordinated work across flightline teams.
• Followed technical orders with precision to ensure airworthiness and safety.

EDUCATION
California State University, Fullerton
Bachelor of Science, Cell and Developmental Biology (Expected May 2024) • Minor: Chemistry | GPA: 3.8
• Participant in Bridges to Stem Cell Research Program
Citrus College
Associate of Science, Biology | June 2021
• GPA: 3.6

KEY STRENGTHS
• Field Diagnostics & Emergency Repairs
• Cabinet Wiring & Signal Turn-On Procedures
• Equipment Installation & Troubleshooting
• Leadership, Training & Mentorship
• Discipline, Teamwork & Technical Accuracy (USAF Background)

Galt G. Grotke
is hereby certified as a
IMSA Traffic Signal Field Tech II - Renewal
by completing all requirements and examination for certification on 9/6/2024
Valid thru 9/6/2027
Certification #BE_119989

Galt G. Grotke
is hereby certified as a
IMSA Work Zone Temp Traffic Control Tech - Renewal
by completing all requirements and examination for certification on 9/6/2024
Valid thru 9/6/2027
Certification #ZZ_119989

HARESH (HARRY) VAIDYA
ITS Maintenance Tech.  CA Lic’d Journeyman Electrician  IMSA Level III Certified  30 HR OSHA Certified

SUMMARY OF QUALIFICATIONS
Experience and corresponding expertise has resulted in excellent qualifications as an ELECTRICAL, ELECTRONIC and ELECTRO-MECHANICAL TECHNICIAN. Possess strong technical skills with the ability to collaborate with engineers on prototypes and designs. Highly proficient at maintaining, assembling, troubleshooting electronics, electrical equipment and mechanical systems. Extensive knowledge of keypads, motor controllers, programming timers, voltage consumers, and testing equipment. Adept at reading blueprints and record-keeping. Self-motivated, flexible and detail-oriented. In-depth knowledge of NEC/PC diagram, electronic parts, and AC/DC high/low voltage power supply. Knowledge of 110V/220V/480V machinery power line & circuit breakers. Knowledge of commercial company lighting systems. Knowledge of 208V/277V/480V transformers.

Key Strengths Include:
 Install, repair, and replace complex electrical/electronic equipment in both field and production settings.  Change transformers at high/low voltage and repair motor controllers. Replace UPS (Battery Back unit) as well as changing circuit breakers and repairing in field wiring/unit.  Strong mechanical aptitude in a variety of work environments.

PROFESSIONAL EXPERIENCE

HEAD JOURNEYMAN ELECTRICIAN
Exterior Products Corp. - Anaheim, CA (2017 to Current) Retrofit LED Lighting in shopping centers, commercial buildings, industrial lots, and retail units.

Troubleshoot & replace CL, metal highlight, sodium lamps, mercury lamps, and transformers. Install lighting in shopping center parking lots, wall pack lights on the exterior of commercial buildings, and ceiling lighting. Troubleshoot & replace retail center monuments lighting and pylon signs. Repair & replace ballast, lamps, bypass switch, GFI, and receptacles. Troubleshoot & replace ballast and fluorescent lamp in ceiling light fixtures. Repair & replace photo cells in exterior lighting. On-site daily/monthly inspections to verify site lighting. Supervise 4-5 employees during projects in the field.

TRANSPORTATION SYSTEMS MAINTENANCE TECHNICIAN
Econolite Traffic Engineering and Maintenance, Inc. (Aegis ITS) - Anaheim, CA (2007 to 2017) Program/Check timing data in various controllers for street traffic light intersection cabinets. Repair intersection conflict calls and perform monthly preventive maintenance on a 24 hour on-call duty.

Program/Troubleshoot video detection system and loops detection system. Replace faulty detectors and video processor for vehicle detection. Install knockdown replacement poles, signal heads, ISNS, street lighting, and a combination of these items. In addition to wiring traffic control cabinets on-site & Aegis lab/manufacturing. Troubleshoot, repair, and replace field wiring problems in the street replacement of conductors in conduit test. Splice field cables and loops. Communicate with City Inspector & Engineers. Programming traffic controller & replacing hardware (PPB’s, LED’s, PEDMOD’s). Completed 13-14 projects per day in the field.

HEAD ELECTRICIAN/BUILDING MAINTENANCE/ELECTRONICS/ELECTRICAL EQUIPMENT TECHNICIAN Modular Display System - Anaheim, CA (1988 to 2006)
Built custom-made electronics and electrical/mechanical devices for turntables used at auto show conventions and trade show display systems. Clients included Boeing, Hyundai, Suzuki, Yamaha and Rogerson Aircraft. Worked directly with electrical design engineers to create commercial electronic keypad AC & DC power supply controllers. Serviced electrical systems and display lighting systems.

Read schematics and blueprints. Disassembled, inspected, bench tested, performed trouble-shooting and quality testing for electrical/electronic control systems in company production machinery. Traveled world-wide to install and repair displays. Maintained production machinery. Honored with MDS Employee of the Month Award and a Certificate of Appreciation from Boeing.

EDUCATIONAL BACKGROUND AND CERTIFICATIONS
HVAC Systems Training Plus E.P.A. 608 Universal Certified  Brownson Technical School - Anaheim, CA Logic Control/PLC/Computer Operations Certified  Southern California Institute of Technology - Anaheim, CA Steam Operator’s License Training  The Gas Company’s Energy Resource Center - Los Angeles, CA Electronics Troubleshooting Certificate  Fullerton Community College Electronic/Mechanical Apprentice Diploma  Industrial Training Institute Wireman Apprentice Certified  Technical Examination Board Radio Engineering and Practical Training Certificate  Eagle Radio and Television Institute of Technology Computer Skills: Windows  Vista  Microsoft Office  Multilingual: Spanish, Gujarati, and Hindi

JERRY DAVIS

TRAFFIC SIGNAL MAINTENANCE & FIELD SUPERVISION

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

TRAFFIC SIGNAL OPERATIONS MANAGER
Over 35 years of progressive experience in traffic signal construction, maintenance, and field leadership.

A highly skilled expert in traffic signal systems with a proven track record managing multijurisdictional municipal contracts, leading field teams, and delivering safe, compliant, and ontime projects. Known for hands-on leadership, operational discipline, and deep knowledge of public agency requirements.

CORE COMPETENCIES
• Traffic Signal Maintenance & Field Supervision
• Traffic Signal Construction & Installation
• IMSA-Certified Technician & Inspector
• Preventative Maintenance Programs
• Public Agency & City Liaison
• OSHA & MUTCD Compliance
• Subcontractor & Crew Management
• Safety Leadership & Jobsite Coordination

CERTIFICATIONS
• IMSA Traffic Signal Technician Level I
• IMSA Traffic Signal Technician Level II
• IMSA Traffic Signal Inspector
• IMSA Work Zone Safety
• OSHA 30-Hour Construction Safety & Health
• OSHA 10-Hour Construction Safety & Health
• CPR & AED Certified

PROFESSIONAL EXPERIENCE
Senior Operations Manager
Crosstown Electrical & Data, Inc. – Irwindale, CA | 2020–Present

JERRY DAVIS

TRAFFIC SIGNAL MAINTENANCE & FIELD SUPERVISION

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
• Oversee daily operations and staffing for traffic signal maintenance and emergency services across multiple Southern California cities.
• Manage city relationships, ensure system compliance, and support construction teams on signal and lighting projects.
• Lead division growth through operational excellence, safety oversight, and efficient project execution.
• Coordinate procurement, scheduling, field response, and technician training.

President / Director of Operations
Computer Service Company – Azusa, CA | 2012–2020
• Led company operations supporting over 25 municipal contracts for traffic signal maintenance.
• Directed technical field staff, managed emergency calls, and ensured safe and timely resolution of service requests.
• Built long-standing city relationships and negotiated vendor pricing to reduce operational costs.

Traffic Signal Division – Multiple Advancing Roles
Steiny & Company, Inc. – Baldwin Park, CA | Various Periods (Pre-2007 & 2009–2012) • Traffic Signal Technician → Journeyman → Foreman → General Foreman → Project Manager
• Directed large-scale signal construction jobs, managed field crews, and ensured all work met safety and code requirements.
• Oversaw project logistics, subcontractor coordination, and material procurement. • As Project Manager, supported construction leadership with scheduling, submittals, RFIs, equipment rentals, and delivery tracking.
• Provided cross-county dispatch and jobsite support across Los Angeles, Orange, and San Bernardino regions.

Project Superintendent
eReality Companies Hawaii, Inc. – Honolulu, HI | 2007–2009 • Supervised renovation and construction operations for hotel and resort upgrades. • Ensured compliance with project timelines, building codes, and safety requirements.

Foreman / Technician Roles
Smith Electric (Stanton, CA), CSC, Paul Gardner Corp, E&S Electric • Conducted signal installation, diagnostics, retrofits, and service for city agencies and contractors.
• Promoted to supervisory roles due to leadership and troubleshooting expertise.

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4543

WITH POWER OF FAITH CONSTRUCTION INCORPORATED
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 1, 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and POWER OF FAITH CONSTRUCTION INCORPORATED (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide oncall electrical maintenance, repair, troubleshooting, and installation services for City-owned facilities and infrastructure, including but not limited to buildings, parks, street lighting, traffic signals, and related electrical systems; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience, training, licensing, and expertise, including possession of a valid California C-10 Electrical Contractor Licenses;
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

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

2. RFP No. 26-13, attached hereto as Exhibit “A”.

3. The CONTRACTOR’S Proposal to RFP 26-13, attached hereto as Exhibit “B”.

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

SECTION 2. SERVICES / COMPENSATION.
a. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP 26-13 and the Contractor’s Proposal, attached hereto as Exhibit “A” and Exhibit “B” and incorporated fully herein by this reference (hereinafter “Professional Services”). b. The CONTRACTOR shall complete the Professional Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

c. The CONTRACTOR shall be compensated in an annual amount not-to-exceed Thirty Thousand Dollars ($30,000) (the “Compensation”) for the performance of the Professional Services as set forth in Exhibit “A”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. d. The CITY shall be invoiced upon completion of the Scope of Services set forth herein.

Payment in full of each invoice shall be due to the CONTRACTOR within thirty (30) days from the date of the invoice.
e. Work performed shall be deemed approved and accepted by the CITY upon invoicing unless the CITY provides written notice within fifteen (15) days of the invoice date specifically identifying the portions of the work the CITY believes to be incomplete or defective, and the corresponding disputed invoice amount(s). The CITY shall pay all undisputed amounts in accordance with the preceding paragraph.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire June 30, 2029 unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

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

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation.

Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement.

Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with

workers’ compensation insurance or any other insurance.

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in

full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

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

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, nonrenewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

d.

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

SECTION 22. NOTICE.

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200

If to Contractor: Power of Faith Construction Incorporated Attn: Malcolm Weatherbie
1113 Aspen St.

Corona, CA 92879
(626) 416-7998
[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

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

Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONTRACTOR.

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

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

CITY OF MONTEBELLO POWER OF FAITH CONSTRUCTION

INCORPORATED
Raul Alvarez, City Manager Malcolm Weatherbie, President ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Request for Proposals 26-13
• Exhibit B – Contractor’s Proposal

EXHIBIT ‘A’
REQUEST FOR PROPOSAL 26-13

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 26 – 13
On-Call Electrical Maintenance and Repair Services
Release Date: Thursday, May 14, 2026
Online Questions Due: Thursday, May 21, 2026,12:00 p.m. PST Responses to Question: Wednesday, May 27, 2026, 12:00 p.m.

PST
Due Date: Thursday, June 4, 2026, 11:00 a.m. PST

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
May 14, 2026

PROJECT
On-Call Electrical Maintenance and Repair Services

PROPOSAL OWNER
City of Montebello – Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1460
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Vanessa Ramos, Administrative Manager
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Prospective proposers must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 7

6.0 Consultant Qualifications 8

7.0 Proposal Submittal 9

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 10

10.0 Execution of Agreement 11

11.0 Insurance 12

12.0 Use of Federal Funds 14

13.0 Non-Commitment of City 15

14.0 Labor Requirements 15

15.0 Records 15

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 16

19.0 Ex-Parte Communications 16

20.0 City of Montebello Rights 16
Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Service Agreement

5 1.0 Notice Inviting Proposals
The City of Montebello (the “City”) is seeking proposals from qualified and experienced contractors or firms to provide on-call electrical maintenance and repair services on an as-needed basis. Work will support the maintenance, repair, troubleshooting, and installation of electrical systems across City-owned facilities and infrastructure, including public buildings, parks, street lighting, traffic signals, and other municipal assets.

Typical assignments may include troubleshooting and repair of 110-volt and higher interior and exterior circuits; maintenance and replacement of office lighting; and servicing high-mounted lighting systems, including sports field fixtures at heights of approximately 25 to 60 feet.

The selected contractor(s) shall provide all necessary labor, equipment, materials, and personnel to perform the required services. Contractors will be expected to respond promptly to service requests and complete all work in accordance with applicable local, state, and federal regulations, as well as recognized industry standards. Services may include, but are not limited to, emergency repairs, routine maintenance, system upgrades, and other electrical improvements as directed by the City.

The City intends to establish a pool or benchlist of qualified contractors to provide these services on an on-call basis. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

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

Questions must be submitted via PlanetBids by Thursday, May 21, 2026, at 12:00 p.m.

PST
Responses to Questions will be uploaded to PlanetBids by Wednesday, May 27, 2026, at 12:00 p.m. PST
Proposals must be submitted via PlanetBids by Thursday, June 4, 2026 at 11:00 a.m.

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

6 2.0 Introduction
The City of Montebello invites qualified contractors to submit proposals for professional services to provide on-call electrical maintenance and repair services. The selected contractor(s) shall furnish all labor, materials, tools, equipment, transportation, and incidentals necessary to perform a full range of electrical services, including but not limited to installation, maintenance, troubleshooting, repair, and emergency response.

The contractor will also ensure that all work is performed in compliance with City standards, approved plans, and applicable federal, state, and local traffic safety regulations, while coordinating schedules to minimize disruption to City operations.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a City in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full-service City that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and nonsafety functions. In the upcoming years, the City anticipates growth in population and economic development. In preparation for this growth and increases in City service demands, the staff is seeking to improve the City infrastructure to support the expansion properly.

3.0 Timeline
• Release RFP Thursday, May 14, 2026
• Online Questions Thursday, May 21, 2026, at 12:00 p.m. PST • Responses to Questions Wednesday, May 27, 2026, at 12:00 p.m. PST • Deadline to Submit Responses Thursday, June 4, 2026, at 11 a.m. PST • City Review of Submissions Monday, June 8, 2026
• Notifications Sent to Contractors Thursday, June 25, 2026 • Award Wednesday, June 24, 2026

4.0 Purpose
The purpose of this solicitation is to identify qualified contractor(s) with the experience, technical knowledge, and resources necessary to support the City in all aspects of the services described in this Request for Proposals (RFP). The City of Montebello is seeking proposals from qualified firms to provide on-call citywide electrical services on an as-needed basis.

This initiative is intended to ensure that the City’s electrical systems and infrastructure remain safe, reliable, and fully operational. Services will support the timely maintenance, repair, troubleshooting, and installation of electrical components across a

7 range of City-owned facilities and assets. The selected contractor(s) will play a critical role in maintaining service continuity, addressing urgent electrical issues, and supporting planned improvements and upgrades.

The City anticipates establishing a pool of qualified firms capable of responding efficiently to varying service demands, ensuring high-quality workmanship, regulatory compliance, and consistent service delivery aligned with industry standards.

The City is committed to maintaining safe, efficient, and reliable electrical systems that support public safety and daily operations. The objective of this project is to provide timely, high-quality electrical services, including the installation, maintenance, repair, and replacement of electrical systems, while minimizing disruption to City operation and the public.

5.0 Scope of Work/Services
The selected contractor(s) shall provide on-call electrical services on an as-needed basis to support the City of Montebello’s facilities and infrastructure. Services shall include, but are not limited to, maintenance, repair, troubleshooting, and installation of electrical systems. All work shall be performed in a timely, safe, and professional manner in accordance with the requirements set forth herein.

The Scope of Services shall include, but is not limited to, performing the following tasks:
- 1. Licensing and Regulatory Compliance
The Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances. At a minimum, the Contractor shall:
• Obtain and maintain a valid City of Montebello Business License throughout the duration of the contract.
• Possess and maintain a valid State of California Contractor’s License, including a C-10 Electrical Contractor License or other appropriate classification as required. • Ensure all work is performed in compliance with applicable safety standards, codes, and regulatory requirements.
- 2. Labor, Equipment, and Materials
The Contractor shall furnish all labor, supervision, equipment, tools, materials, and incidentals necessary to perform the required services. Specifically:
• The Contractor shall be fully equipped, adequately staffed, and prepared to perform services upon assignment.
• All personnel shall be properly trained, qualified, and experienced in performing electrical work consistent with industry standards.
• The Contractor shall provide sufficient staffing levels to meet the demands of each work assignment and ensure timely completion.
- 3. Availability and Response Requirements
The Contractor shall be available to respond to service requests on a continuous basis, including after-hours, weekends, and holidays:

8 • Services shall be available 24 hours per day, 7 days per week, 365 days per year.
• Contractor shall respond to routine service requests within two (2) hours of notification.
• Contractor shall respond to emergency service requests within one (1) hour of notification. Emergency work shall be billed at the applicable emergency rate. • The City’s standard business hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday; however, work may be required outside of these hours. • All costs, including labor, equipment, and materials, shall be clearly identified in the Contractor’s proposal and will be billed in accordance with the approved fee schedule.
- 4. Safety Requirements and Incident Reporting
The Contractor shall be responsible for maintaining a safe working environment at all times:
• All work shall be performed in accordance with applicable OSHA and Cal/OSHA safety standards and industry best practices.
• The Contractor shall ensure the safe handling, storage, and operation of all equipment and materials.
• Any unsafe condition observed shall be immediately addressed and reported to the City’s Contract Administrator if significant corrective action is required. • The Contractor shall immediately notify the Contract Administrator of any accident, injury, or emergency incident occurring in connection with the work. • A written incident report shall be submitted within three (3) calendar days, if requested by the City.
• The Contractor shall fully cooperate with the City in the investigation of any incidents.
- 5. Identification, Uniforms, and Professional Conduct The Contractor shall maintain a professional appearance and clearly identifiable presence while performing services:
• All vehicles and equipment used in the performance of work shall be clearly marked with the Contractor’s company name or logo at all times, including during emergency responses.
• All personnel shall wear uniforms or shirts clearly displaying the company name, subject to approval by the Contract Administrator.
• Personnel shall maintain a neat and professional appearance at all times. • Appropriate personal protective equipment (PPE), including safety footwear and other required gear, shall be worn in accordance with State safety regulations. • High-visibility safety vests or reflective apparel shall be worn when working within public rights-of-way or traffic areas.

6.0 Contractor Qualifications
The selected contractor must have the following minimum qualifications:

9 • A skilled and professional team, with clearly defined roles and responsibilities, capable of delivering high-quality results. • Relevant experience for the type of work outlined in the Scope of Services.
• Extensive knowledge of historical preservation.
• Significant experience working with local governments. • Demonstrated knowledge of applicable local, state, and federal codes and laws that may be applicable to the work.
• Demonstrated knowledge and capability to produce project documents as outlined in the Scope of Services.
• Proven record of completing tasks and projects on-time and on-budget. • Flexibility in adapting to meet the needs of unique organizations.

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

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

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

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

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

B. Proposal Evaluation - In the second part of this process, the evaluation

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

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

When a protest is filed before a scheduled proposal due date, certain steps must be followed:

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

Mail:

Michael Solorza, Director of Finance
City of Montebello

11 Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

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

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

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

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.

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

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

10.0 Execution of Agreement

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

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

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

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

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the Consultant to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the Vendor must provide the following endorsements:

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

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

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

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

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

14 and conditions.

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

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

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

15 13.0 Non-Commitment of City
While the City intends to select a Contractor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

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

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

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

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

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

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

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes

16 in compensation may be implemented upon mutual understanding between the City and the Contractor. These changes will be processed by the City Manager.

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

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

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

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

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates

17 that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Service Agreement

18 Appendix “A”
Proposal Content and Format
Proposal Content
The contractor shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting electrical services, which contains at a minimum the following information:

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

Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

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

3. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

All proposals must be submitted using the PlanetBids Portal by Thursday, June 4, 2026, at 11:00 AM PDT. It is highly encouraged that proposals are submitted ahead of the

19 deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall be printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. Proposals should also include the following:

1. Title Page showing the request for proposals subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFP.

20 Appendix “B”
Cost Proposal
Contractor Name: ______________________________________________ Contractor License #:____________________________________________ Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associated costs at prevailing wage rates.

Supervisory: is the cost per hour for one supervisory or journeyman/foreman personnel including all associated costs at prevailing wage rates.

Business Hours: are considered 7:30 a.m. through 5:30 p.m., Monday through Thursday.

Overtime: is the cost per hour over an 8-hour workday or 40-hour work week or for hours worked after 4:30 p.m.

Materials Markup is the percentage added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental. Proof of material costs will be required.

Emergency/Holiday is the cost per hour for after-hours work with a one- hour minimum response time or services performed on any national holiday at prevailing wage rate.

Authorized Representative: ___________________________ Signature: ________________________ Date: ________________________
Labor Only Items Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Journeyman/Hour $ /hr $ /hr $ /hr
Supervisory/Hour $ /hr $ /hr $ /hr
Labor and Equipment Items Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Bucket Truck $ /hr $ /hr $ /hr
15’ to 40’ Personnel Lift $ /hr $ /hr $ /hr
41’ to 110’ Personnel Lift $ /hr $ /hr $ /hr
Total
Materials Markup: _______________%

21 Appendix “C”
Reference Sheet
RFP 26 – 13 On-Call Electrical Maintenance and Repair Services Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

22 Appendix “D”
Sample Professional Services Agreement
[See Next Page]

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. _____

WITH CONSULTANT NAME
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202X (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Consultant Name (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

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

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed

PROFESSIONAL SERVICES AGREEMENT NO. _____

boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [insert designated email]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

PROFESSIONAL SERVICES AGREEMENT NO. _____

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed 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 the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

be entitled.

SECTION 20. WARRANTIES.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

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

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

Email: [ENTER EMAIL ADDRESS]
If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email:

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

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

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the 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. The CONSULTANT will take affirmative action to ensure that subconsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

PROFESSIONAL SERVICES AGREEMENT NO. _____

SECTION 24. CONFLICT OF INTEREST.

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

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

SECTION 25. ENTIRE AGREEMENT.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

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

EXHIBIT ‘B’
CONTRACTOR’S PROPOSAL

ITEM # 20

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: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4541 TO SEBASTIAN WATERWORKS DBA MR. ROOTER FOR THE

PROVISION OF ON-CALL PLUMBING SERVICES
DATE: June 24, 2026
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Professional Services Agreement No. 4541 to Sebastian Waterworks DBA Mr. Rooter for the provision of on-call plumbing services at City facilities in an amount not-to-exceed $126,000 annually; and

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

FISCAL IMPACT:

These services will be funded through the City’s applicable operation and maintenance budgets designated for facility maintenance and repairs.

The contract will be structured as an on-call, as-needed agreement with compensation based on approved hourly labor rates, equipment rates, emergency response rates, and material markups as submitted in the selected proposer’s Cost Proposal.

The total not-to-exceed annual contract amount is $126,000. Funding has been incorporated into the Fiscal Year 2026-27 adopted budget. The initial agreement term is three years, through June 30, 2029. The agreement includes provisions to extend it by two, one-year terms. Subsequent fiscal year budgets will include sufficient appropriations to support ongoing services for the term of the agreement.

Should additional funding be required based on service demand, staff will return to the

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 24, 2026

City Council with a budget amendment recommendation.

BACKGROUND/DISCUSSION:

The City of Montebello is responsible for the maintenance and operation of plumbing systems across a wide range of municipal facilities, including administrative offices, parks, the senior center, library, museum, and detention facilities. These systems are critical to ensuring the safe, sanitary, and continuous operation of City services.

Historically, plumbing services have been performed on an as-needed basis; however, increasing service demands, aging infrastructure, and the need for rapid emergency response have created the need for a structured on-call service arrangement.

On May 14, 2026, the City issued Request for Proposals (RFP) No. 26-12 seeking qualified and licensed plumbing contractors to provide on-call citywide plumbing services, including installation, maintenance, repair, troubleshooting, and emergency response on a 24-hour basis. The scope of work includes, but is not limited to, repair and replacement of plumbing systems, sewer and drain line maintenance, water heater service, fixture repair, and emergency plumbing services at various City-owned facilities.

ENVIRONMENTAL:

N/A
ANALYSIS:

The City conducted a competitive procurement process in accordance with RFP No. 26-

12. Proposals were evaluated based on qualifications, experience, references, and cost proposals as outlined in the solicitation.

Following evaluation, staff identified Sebastian Waterworks DBA Mr. Rooter as the most qualified and responsive proposer based on demonstrated experience with municipal plumbing systems, ability to meet emergency response requirements, and overall value to the City.

Award of this agreement will ensure:
• Reliable 24-hour availability for plumbing services.
• Timely response to routine and emergency service requests. • Compliance with applicable plumbing codes and safety regulations. • Continuity of maintenance for critical City facilities. • Cost-effective service delivery through competitively solicited rates.

Staff recommends approving Agreement No. 4541 (Attachment A) to Sebastian Waterworks DBA Mr. Rooter to maintain uninterrupted plumbing support services across City facilities.

SUMMARY:

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 24, 2026

Staff recommends that the City Council award Professional Services Agreement No. 4541 (Attachment A) to Sebastian Waterworks DBA Mr. Rooter for on-call plumbing services in an amount not-to-exceed $126,000 annually, for an initial three-year term (through June 30, 2029). Approval of this action will ensure continued maintenance, repair, and emergency response capability for the City’s plumbing infrastructure through a competitively procured on-call services contract.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4541 - Sebastian Water Works Inc. DBA Mr. Rooter

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4541
WITH SEBASTIAN WATERWORKS, INC. DBA MR. ROOTER PLUMBING THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 1, 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and SEBASTIAN WATERWORKS, INC. DBA MR. ROOTER PLUMBING (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide oncall plumbing maintenance, repair, troubleshooting, installation, and replacement services for City-owned facilities and infrastructure, including but not limited to buildings, parks, public facilities, and related plumbing systems; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience, training, licensing, and expertise, including possession of a valid California C-36 Plumbing Contractor’s License;
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

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

2. RFP No. 26-12, attached hereto as Exhibit “A”.

3. The CONTRACTOR’S Proposal to RFP 26-12, attached hereto as Exhibit “B”.

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

SECTION 2. SERVICES / COMPENSATION.
a. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP 26-12 and the Contractor’s Proposal, attached hereto as Exhibit “A” and Exhibit “B” and incorporated fully herein by this reference (hereinafter “Professional Services”). b. The CONTRACTOR shall complete the Professional Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

Attachment A

c. The CONTRACTOR shall be compensated in an annual amount not-to-exceed One Hundred Twenty-Six Thousand Dollars ($126,000) (the “Compensation”) for the performance of the Professional Services as set forth in Exhibit “A”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. d. The CITY shall be invoiced upon completion of the Scope of Services set forth herein.

Payment in full of each invoice shall be due to the CONTRACTOR within thirty (30) days from the date of the invoice.
e. Work performed shall be deemed approved and accepted by the CITY upon invoicing unless the CITY provides written notice within fifteen (15) days of the invoice date specifically identifying the portions of the work the CITY believes to be incomplete or defective, and the corresponding disputed invoice amount(s). The CITY shall pay all undisputed amounts in accordance with the preceding paragraph.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire June 30, 2029 unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

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

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation.

Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement.

Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with

workers’ compensation insurance or any other insurance.

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in

full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

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

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, nonrenewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

d.

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

SECTION 22. NOTICE.

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200

If to Contractor: Sebastian Waterworks, Inc. DBA Mr. Rooter Plumbing Attn: Joe Diaz
221 W. Pomona Blvd.

Monterey Park, CA 91754
(323) 721-1243
[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

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

Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONTRACTOR.

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

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

DBA MR. ROOTER PLUMBING
Raul Alvarez, City Manager Joe Diaz, President
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Request for Proposals 26-12
• Exhibit B – Contractor’s Proposal

EXHIBIT ‘A’
REQUEST FOR PROPOSAL 26-12

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 26 – 12
On-Call Plumbing Services
Release Date: Thursday, May 14, 2026
Online Questions Due: Thursday, May 21, 2026,12:00 p.m. PST Responses to Question: Wednesday, May 27, 2026, 12:00 p.m.

PST
Due Date: Thursday, June 4, 2026, 11:00 a.m. PST

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
May 14, 2026

PROJECT
On-Call Plumbing Services

PROPOSAL OWNER
City of Montebello – Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1460
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Vanessa Ramos, Administrative Manager
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Prospective proposers must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 7

6.0 Contractor Qualifications 9

7.0 Proposal Submittal 10

8.0 Evaluation of Proposal 10

9.0 Proposal Protests 11

10.0 Execution of Agreement 12

11.0 Insurance 12

12.0 Use of Federal Funds 14

13.0 Non-Commitment of City 15

14.0 Labor Requirements 15

15.0 Records 16

16.0 Subcontractors 16

17.0 Modifications/Changes 16

18.0 Disclosure of Information 16

19.0 Ex-Parte Communications 17

20.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Service Agreement

5 1.0 Notice Inviting Proposals
The City of Montebello (City) is seeking proposals from licensed and qualified plumbers to provide a comprehensive range of plumbing services. Services will be performed at various City locations, including but not limited to administrative offices, park facilities, the senior center, library, museum, and jail. The scope of work encompasses installations, routine maintenance, service calls, provision of supplies, and emergency services.

The Facilities Maintenance Department may engage a plumbing service company to support City maintenance staff. Services may include, but are not limited to, unclogging drains; installation, maintenance, and repair of building plumbing systems; main domestic water supply and sewer lines and their components; and repair of faucets, flush valves, hot water heaters, and pumps. The contractor may also be required to repair, maintain, or replace gas lines and to unstop, repair, or replace drain lines.

Contractors must hold a current A contractors or commercial C-36 plumbing license issued by the State of California.

The selected vendor(s) will be required to supply all necessary materials, transportation, labor, equipment, and any additional resources needed to perform plumbing services at both specified and unscheduled City sites. Contractors must conduct all plumbing maintenance services in full compliance with relevant federal, state, and local laws, regulations, ordinances, codes, and manufacturer guidelines. It is the contractor’s responsibility to secure any necessary licenses or permits required to complete the work described. It is recognized that any one potential contractor may not service all types of equipment listed in the bid sheet. The City may, therefore, also elect to award a contract to one or more vendors.

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

Questions must be submitted via PlanetBids by Thursday, May 21, 2026, at 12:00 p.m.

PST
Responses to Questions will be uploaded to PlanetBids by Wednesday, May 27, 2026, at 12:00 p.m. PST
Proposals must be submitted via PlanetBids by Thursday, June 4, 2026 at 11:00 a.m.

PST

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

2.0 Introduction
The City of Montebello invites qualified contractors to submit proposals for professional services to provide on-call plumbing services. The selected contractor(s) shall furnish all labor, materials, tools, equipment, transportation, and incidentals necessary to perform a full range of plumbing services, including but not limited to installation, maintenance, troubleshooting, repair, and emergency response. The contractor is responsible for adhering to all City, County, State, and Federal laws relevant to equipment operation and safety practices while performing contract duties.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a City in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full-service City that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and nonsafety functions. In the upcoming years, the City anticipates growth in population and economic development. In preparation for this growth and increases in City service demands, the staff is seeking to improve the City infrastructure to support the expansion properly.

3.0 Timeline
• Release RFP Thursday, May 14, 2026
• Online Questions Thursday, May 21, 2026, at 12:00 p.m. PST • Responses to Questions Wednesday, May 27, 2026, at 12:00 p.m. PST • Deadline to Submit Responses Thursday, June 4, 2026, at 11 a.m. PST • City Review of Submissions Monday, June 8, 2026
• Notifications Sent to Contractors Thursday, June 25, 2026 • Award Wednesday, June 24, 2026

4.0 Purpose
The purpose of this solicitation is to identify qualified contractor(s) with the experience, technical knowledge, and resources necessary to support the City in all aspects of the services described in this Request for Proposals (RFP). The City of Montebello is seeking proposals from qualified contractors to provide on-call citywide plumbing services on an as-needed basis.

7 This initiative is intended to ensure that the City’s plumbing systems and infrastructure remain safe, reliable, and fully operational. Services will support the timely maintenance, repair, troubleshooting, and installation of plumbing components across a range of City-owned facilities and assets. The selected contractor(s) will play a critical role in maintaining service continuity, addressing urgent plumbing issues, and supporting planned improvements and upgrades.

The City is committed to maintaining safe, efficient, and reliable plumbing systems that support public health, safety, and daily operations. The objective of this project is to provide timely, high-quality plumbing services, including the installation, maintenance, repair, and replacement of plumbing systems, while minimizing disruption to City operations and the public.

5.0 Scope of Work/Services
The selected contractor(s) shall provide on-call plumbing services on an as-needed basis to support the City of Montebello’s facilities and infrastructure. The scope of work encompasses installations, routine maintenance, service calls, provision of supplies, and emergency services. Services may include, but are not limited to, unclogging drains; installation, maintenance, and repair of building plumbing systems; main domestic water supply and sewer lines and their components; and repair of faucets, flush valves, hot water heaters, and pumps. The contractor may also be required to repair, maintain, or replace gas lines and to unstop, repair, or replace drain lines. All work shall be performed in a timely, safe, and professional manner in accordance with the requirements set forth herein.

Contractor shall abide by the following requirements and performance standards:
- 1. Licensing and Regulatory Compliance
The Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances. At a minimum, the Contractor shall:
• Contractor must obtain a City of Montebello Business License. • Proof of a valid A contractor’s license or valid C-36 Plumbing Contractor’s License, as required by the State of California, must be provided. • Contractor is responsible for adhering to all City, County, State, and Federal laws relevant to equipment operation and safety practices while performing contract duties.
- 2. Labor, Equipment, and Materials
The Contractor shall furnish all labor, supervision, equipment, tools, materials, and incidentals necessary to perform the required services. Specifically:
• Service calls will normally be responded to with a Journeyman and apprentice plumbers only. The City must authorize any additional personnel. If additional

8 personnel are necessary, they are to be apprentices unless the service requires a master plumber.
• Upon commencement of work, Contractor shall be fully equipped, adequately staffed, and thoroughly familiar with contract requirements. • Contractor shall provide sufficient, qualified personnel to perform all services in accordance with contract specifications.
• All personnel must meet minimum qualifications for their positions.

EXTRA WORK: Contractor shall, from time-to-time, be asked to perform Extra Work of varying types. Including but not limited to the following: Replacement of underground sewer lines, installation of new drinking fountains, removal of sidewalk and asphalt to make necessary repairs, etc. Vendors shall prepare a written proposal for all Extra Work; no such work may be performed without prior authorization from The City of Montebello. All labor and material cost must be included in the proposal. - 3. Availability and Response Requirements
The Contractor shall be available to respond to service requests on a continuous basis, including after-hours, weekends, and holidays:
• Contractor must be prepared to respond to service requests 24 hours per day, 7 days per week, 365 days per year.
• Contractor shall respond to routine service requests within two (2) hours of notification.
• Contractor shall respond to emergency service requests within one (1) hour of notification. Emergency work shall be billed at the applicable emergency rate. • The City’s standard business hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday; however, work may be required outside of these hours. • All costs, including labor, equipment, and materials, shall be determined on an hourly basis for equipment and materials, with normal incidentals included. - 4. Safety Requirements and Incident Reporting
The Contractor shall be responsible for maintaining a safe working environment at all times:
• Contractor must perform all work in accordance with accepted safety standards for on-call plumbing services.
• Vendor/Contractor shall take all necessary precautions for the safety of the employees and or public on the work site and should erect and always maintain, as required on job conditions and process of the work, all necessary safeguards for the protection of the workman and public.
• Contractor is responsible for safely storing all equipment, machines, and materials, and for identifying and correcting any unsafe conditions or practices. • The Contract Administrator must be notified immediately of any unsafe conditions requiring major correction.
• Any accident, injury, or emergency service occurrence must be reported to the

9 Contract Administrator and, if requested, followed by a written report within three (3) days.
• Contractor shall cooperate fully with the City in the investigation of any such occurrences.
- 5. Identification, Uniforms, and Professional Conduct The Contractor shall maintain a professional appearance and clearly identifiable presence while performing services:
• All vehicles and equipment used must always display the company logo, including after-hours and emergency responses.
• Contractor personnel must wear uniform shirts clearly marked with the company name, as approved by the Contract Administrator.
• Personnel must maintain a neat, clean appearance, with shirts worn and always buttoned.
• Proper shoes and personal protective gear, as required by State Safety Regulations, must be worn.
• Brightly colored traffic vests or reflectors must be worn when working on the right-of-way.

6.0 Contractor Qualifications
The contractor shall possess a current/valid State of California A contractor’s license or C-36 Plumbing Contractor License. All work shall be performed consistently with A or C36 licensing requirements. As applicable, the contractor shall perform all work pursuant to the most current plumbing industry standards, adopted applicable codes, and all municipal ordinances. In some instances, the contractor may be required to comply with applicable standards per the California Plumbing Code (CPC) (Part 5, Title 24).

The selected contractor must also have the following minimum qualifications:
• A skilled and professional team, with clearly defined roles and responsibilities, capable of delivering high-quality results. • Relevant experience for the type of work outlined in the Scope of Services.
• Extensive knowledge of historical preservation.
• Significant experience working with local governments. • Demonstrated knowledge of applicable local, state, and federal codes and laws that may be applicable to the work.
• Demonstrated knowledge and capability to produce project documents as outlined in the Scope of Services.

10 • Proven record of completing tasks and projects on-time and on-budget. • Flexibility in adapting to meet the needs of unique organizations.

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

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

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

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

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this RFP - 65%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
f. Interview, if required
ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples

11 iii. Proposed fees for services – 20%
The City reserves the right to request and obtain, from one or more proposers, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those contractors for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

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

When a protest is filed before a scheduled proposal due date, certain steps must be followed:

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

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail: [email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

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

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

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

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.

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

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

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

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

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

A. Commercial General Liability

13 Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

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

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the Contractor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)

14 In addition to the Certificate of Insurance, the Vendor must provide the following endorsements:

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

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

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

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

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

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

12.0 Use of Federal Funds
The project is funded through a Sustainable Communities Grants from Caltrans which requires compliance with certain federal regulations. The United States Federal Government requires purchases of items and services to meet specific standards when

15 using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

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

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

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

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the

16 building. Neither shall the Contractor allow the use of or presence of alcohol or drugs on the premises or in the building.

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

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

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

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

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

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

B. The Contractor shall not issue or release for publication any articles, advertising,

17 or publicity matters relating to the services performed by the Contractor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

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

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

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format

18 Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Service Agreement

19 Appendix “A”
Proposal Content and Format
Proposal Content
The contractor shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting electrical services, which contains at a minimum the following information:
fir

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

Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

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

3. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Contractor. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

All proposals must be submitted using the PlanetBids Portal by Thursday, June 4, 2026, at 11:00 AM PDT. It is highly encouraged that proposals are submitted ahead of the

20 deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall be printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. Proposals should also include the following:

1. Title Page showing the request for proposals subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFP.

21 Appendix “B”
Cost Proposal
Contractor Name: ______________________________________________ Contractor License #: ____________________________________________ Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associated costs at prevailing wage rates.

Supervisory: is the cost per hour for one supervisory or journeyman/master plumber personnel including all associated costs at prevailing wage rates.

Business Hours: The City’s normal work hours are 7:30 am to 5:30 pm, Monday through Thursday.

Overtime: is the cost per hour over an 8-hour workday or 40-hour work week or for hours worked after 4:30 p.m.

Materials Markup is the percentage added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental. Proof of material costs will be required.

Emergency/Holiday is the cost per hour for after-hours work with a two-hour minimum response time or services performed on any national holiday at prevailing wage rate.

Authorized Representative: __________________________ Signature: ____________________ Date: _____________________________
Labor Only Items Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Labor/Hour Master Plumber $ /hr $ /hr $ /hr
Labor/Hour Journeyman $ /hr $ /hr $ /hr
Labor/Hour Apprentice $ /hr $ /hr $ /hr
Labor and Equipment Business Hours Rate Overtime Hours Rate Emergency/Holiday Rate Hourly Rate Video Inspection $ /hr $ /hr $ /hr
Hourly Rate Hydro Jetting Sewer
Lines
$ /hr $ /hr $ /hr
Total
Materials Markup: _______________%

22 Appendix “C”
Reference Sheet
RFP 26 – 12 On-Call Plumbing Services
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

23 Appendix “D”
Sample Professional Services Agreement
[See Next Page]

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. _____

WITH CONSULTANT NAME
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202X (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Consultant Name (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

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

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

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

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed

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boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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

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

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [insert designated email]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

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l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed 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 the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

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be entitled.

SECTION 20. WARRANTIES.

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

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

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independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

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

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

Email: [ENTER EMAIL ADDRESS]
If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email:

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

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

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the 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. The CONSULTANT will take affirmative action to ensure that subconsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.