Montebello City Council
September 23, 2026

RFP No. 27-01

6 Montebello Bus Lines

Proposals must be received by 3:00pm Pacific Standard Time, on Thursday, October 29, 2026, and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

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

The successful Contractor will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Contractors that the City will require each Contractor affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

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

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

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

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

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

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

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

TIMETABLE & SCHEDULE OF EVENTS (30-90 Days)

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Scheduled Tasks Scheduled Date
Issuance of RFP Thursday September 24, 2026
Pre-Proposal Meeting Thursday October 8, 2026, at 3:00 PM PST Deadline to Submit Questions Thursday October 15, 2026, at 3:00 PM PST Responses to Questions Provided Thursday October 22, 2026 Deadline to Submit Proposals Thursday October 29, 2026, at 3:00 PM PST Presentations & Intent to Award November 2026

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

Description Section/
Page
Contractor shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 40
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Bidder’s List of Sub-contractor(s) (DBE and Non-DBE) Exhibit E 9 Certification Regarding Debarment, Suspension…. Exhibit F 10 Performance Guarantee Certification Exhibit G
11 Performance Bond Exhibit H
12 Irrevocable Standby Letter Of Credit Certificate Exhibit I 13 Bank Draft Exhibit J
14 Certification of Drug-Free Workplace Exhibit K
15 Certificate of Compliance with 49 CFR Part 655 Exhibit L

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

Company Name:

Name of Contractor initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

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SECTION 1 - INSTRUCTIONS TO CONTRACTORS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839)up to the hour of 3:00 p.m. on Thursday, October 29, 2026.

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

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

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

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

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

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

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Contractor represents that: (1) Contractor has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Contractor comprehends all

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conditions that may impact the proposal, (3) Contractor has reviewed all addenda, and (4) Contractor is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform themselves shall be at the Contractors’ own risk. A Contractor shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Contractor to have read all the conditions, instructions, and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Contractor to withdraw its proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

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

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

All questions, clarifications or comments must be submitted no later than 3:00 pm, Thursday, October 15, 2026. No questions will be answered individually by the City or Transportation Department.

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

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

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

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

DISCREPANCIES AND MISUNDERSTANDINGS

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

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

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

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

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

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

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

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by contractor in:
· Preparing the proposal in response to this request.
· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or

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· Any other expenses incurred by the Contractor prior to date of award.

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

1. Reject any and/or all proposals for no reason or any reason including but not limited to the following:
a. The proposal is incomplete, non-responsive, obscure, irregular or lacking necessary detail and specificity.
b. The Contractor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. 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.

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs; and/or

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

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

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

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

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

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

COMPANY PERSONNEL

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

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

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

TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related professional contract shall be necessarily

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delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to:

City of Montebello
Attn: Accounts Payable
1600 West Beverly Boulevard
Montebello, California 90640

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Montebello Transportation Department

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Attention: Robert Fierro
Senior Management Analyst
400 South Taylor Ave.

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

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

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

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

MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Contractor has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the Contractor can meet the insurance requirements in the RFP should be attached to proposal.
• Contractor has demonstrated evidence of good standing. If the Contractor is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Contractor is a partnership or joint venture, provide such evidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Contractor is operating under a fictitious name or trade name, provide evidence that the Contractor has filed for and/or registered the fictitious name with the county where the Contractor’s business is located.

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

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

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

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The committee may ask the Contractors to consider the dialog of negotiations and revise their proposals.

A deadline will be set for the submission of the revised proposals. If a Contractor is unable to meet the deadline or chooses not to revise its proposal, its’ existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

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

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

20 points
2 Proposed Project Team
Qualifications and experience of management, staff, and other personnel; comprehensiveness of the service plan and the team’s familiarity with auto body repair and painting services for municipal vehicles and equipment.

10 points
3 Qualifications and Experience
Demonstrate experience providing auto body repair and painting services of the same or similar magnitude. Presentation of a portfolio of relevant auto body repair, painting, and municipal fleet service experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.

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

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

25 points
TOTAL 25 points

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SECTION 3 - OTHER REQUIREMENTS

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

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

Whenever assessed, MBL and CONTRACTOR agree that in case the item or equipment embraced in this Proposal shall not have been completed due to the failure of the CONTRACTOR, MBL should recover said sum or sums of money, equal to the cost of engineering, inspection of work, and any additional and other expenses incurred from the CONTRACTOR, from the surety or from both. The amount of these deductions shall be assessed as liquidated damages and are not to be considered penalties. For administrative purposes, $100 per-hour “not to exceed $1,200 per-day,” for every day beyond the specified date, as extended, shall be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above-mentioned method.

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

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

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

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

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

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Performance Guarantee
A Performance Guarantee in the amount of 10% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

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

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

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

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

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

4. The City is identified as the Beneficiary.

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

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

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

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

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

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SECTION 4 – FEDERAL REQUIREMENTS
Federal Funding, Incorporation of FTA Terms
The preceding provisions include, in part, certain standard terms and conditions required by the U.S.

Department of Transportation ("DOT"), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in Federal Transit Administration ("FTA") Circular 4220.1F or its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The CONTRACTOR shall not perform any act, fail to perform any act or refuse to comply with any AGENCY requests that would cause AGENCY to be in violation of the FTA terms and conditions.

Federal Changes
The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between AGENCY and FTA, as they may be amended or promulgated from time to time during the term of this Contract. CONTRACTOR’S failure to so comply shall constitute a material breach of this Contract.

No Government Obligation to Third Parties
The AGENCY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a part to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, CONTRACTOR, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.

The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements or Related Acts

The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801, et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.

Part 31, apply to its actions pertaining to this project. Upon execution of the underlying Contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract of the FTA-assisted project for which this Contract work is being performed.

In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extend the Federal Government deems appropriate.

The CONTRACTOR also acknowledges that if it makes, or caused to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract

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connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the extent the Federal Government deems appropriate.

The CONTRACTOR agrees to include the above two clauses in each sub-contract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be modified, except to identify the Sub-contractor who will be subject to the provisions.

Inspection and Retention of Records
The CONTRACTOR shall permit authorized representatives of the AGENCY, the FTA Administrator, and the Comptroller General of the United States to inspect and audit all data and records of the CONTRACTOR relating to its performance and its sub-contracts under this Contract from the date of the Contract through and until the expiration of three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case CONTRACTOR agrees to maintain same until the AGENCY, the FTA Administrator, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. The AGENCY retains ownership of all project documents and records maintained by the CONTRACTOR on behalf of the AGENCY.

Suspension and Debarment
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as such defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its proposal or proposal, the Contractor or Contractor certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined that the Contractor or Contractor knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor or Contractor agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this proposal. The Contractor or Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

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

For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting party is required to cure the breach within five (5) calendar days upon receipt of written notice. For any breach deemed by the non-defaulting party to constitute a non-material breach, the defaulting party is obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if the nature

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of the non-material breach requires more than ten (10) days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure.

In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non-defaulting party may terminate this Contract by giving written notice thereof to the defaulting party, setting forth the effective date thereof.

The AGENCY shall have the option, at its sole discretion and without cause, of terminating this Contract in whole, or in part, by giving ten (10) business days’ written notice to CONTRACTOR. Upon the termination of this Contract as provided herein, the AGENCY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by AGENCY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Contract, provided that: (1) such “non-refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the AGENCY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs.

Such “nonrefundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Contract. CONTRACTOR agrees to cease all work under this Contract on or before the effective date of any notice of termination. Pursuant to the Contract, all AGENCY data, documents, objects, materials or other tangible things shall be returned to the AGENCY upon the termination or expiration of this Contract.

Civil Rights Requirements
During the performance of this contract, the CONTRACTOR agrees as follows:

A. Nondiscrimination – In accordance with Title VI of the Civil Rights Act, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.

B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:

1. Race, Color, Creed, National Origin, Sex - The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

2. Age - The CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age.

3. Disabilities - The CONTRACTOR agrees that it will comply with the requirements of U.S.

Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

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C. The CONTRACTOR also agrees to include these requirements in each sub-contract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

Disadvantaged Business Enterprise (DBE)
AGENCY Assurance: AGENCY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract, or in the administration of its DBE Program. AGENCY shall take all necessary and reasonable steps under Part 26, Title 49 of the Code of Federal Regulations (CFR), to ensure nondiscrimination in the award and administration of DOT-assisted contracts. AGENCY’S DBE Program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this Contract. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Contract. Upon notification to AGENCY of its failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801 et seq.).

Annual Overall Goal: In accordance with 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” the AGENCY is required to establish an annual overall goal for the participation of DBEs in all contracts utilizing federal financial assistance. For the current fiscal year, the AGENCY has established a DBE participation goal of Three percent (3%).

AGENCY’S annual overall goal represents the amount of ready, willing, and able DBEs that are identified as available to participate in contracting opportunities, and is reflective of the amount of DBE participation AGENCY would expect absent the effects of discrimination.

Contract Goals: AGENCY intends to meet its goal to the maximum extent feasible through race neutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual overall goal, AGENCY will establish specific contract goals for particular projects with subcontracting opportunities.

At this time, AGENCY will meet DBE goal on federally assisted projects through race neutral measures.

AGENCY supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that might otherwise perform with their own forces.

Good Faith Efforts: If a specific DBE participation goal is identified in the above, a contractor must demonstrate that it can meet this specified goal in the performance of this Contract in order for the proposal to be determined a responsive proposal. If a contractor cannot meet the specified goal, the contractor must demonstrate that it performed sufficient good faith efforts to meet the goal. A contractor who is not responsive shall be ineligible for award of contract.

Determination of Good Faith Efforts: If the amount of DBE participation does not meet the Contract- specific goal, the DBE Officer shall review the good faith effort report submitted by the contractor. The DBE Officer shall determine whether the contractor has performed the quality, quantity, and intensity of efforts that demonstrates a reasonably active and aggressive attempt to meet the Contract-specific goal.

The kinds of effort that will be considered demonstrative of “Good Faith Efforts” include, but are not limited to, the following: Whether the CONTRACTOR solicited through all reasonable and available means

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(e.g., attendance at pre-proposal meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work; whether the CONTRACTOR solicited interest within sufficient time to allow the DBEs to respond and, if appropriate steps were taken, to follow-up with interested DBEs; whether the CONTRACTOR selected portions of work to be performed by DBEs and, where appropriate, broke-out contract work items into economically feasible units to facilitate DBE participation even when the CONTRACTOR might otherwise prefer to perform these work items with its own forces; whether the CONTRACTOR negotiated in good faith with interested DBEs (evidence includes names, addresses, and phone numbers; description of information provided regarding plans and specifications; and evidence as to why additional agreements could not be reached); whether the CONTRACTOR made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; whether the CONTRACTOR made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance; whether the CONTRACTOR effectively used the services of available minority/women community organizations, contractors’ groups, or other organizations to provide assistance; and whether other contractors on the procurement met the DBE goal.

Contractor’s Right to Administrative Reconsideration: In the event that the DBE Officer determines that the responsible contractor has not met the Contract-specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the contractor in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the contractor of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recommendation for award of contract is presented to the City Council. (The Reconsideration Official is a CITY representative who did not take part in the original determination.) After reconsideration, AGENCY shall provide the contractor with a written decision. The result of the reconsideration process is not appealable by the contractor.

In the event that the Reconsideration Official finds that the contractor has not met the Contract goal or demonstrated good faith efforts, AGENCY will deem said contractor not responsible and evaluate the contractor submitting the next proposal.

CONTRACTOR Compliance with AGENCY DBE Policy: It is the policy of AGENCY to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to AGENCY’S construction, procurement, and professional services activities. To this end, AGENCY has developed procedures to remove barriers to DBE participation in the proposal and award process and to assist DBEs to develop and compete successfully outside of the DBE program.

In connection with the performance of this Contract, the CONTRACTOR will cooperate with AGENCY in meeting these commitments and objectives.

Required Proposal/Proposal Submittals: The CONTRACTOR shall submit with its Proposal the name and address of each Sub-contractor it intends to employ, a description of the work which the Sub-contractor is to do, the dollar amount of each Sub-contractor contract, and such other information as may be required in order that AGENCY'S approval may be obtained as to reliability and ability to perform the work (Contractors List of DBE Participating Firms).

In addition, contractor shall submit within five (5) days of proposal opening the names and addresses of all DBE firms that will participate in the Contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Subcontractors whose participation the CONTRACTOR submits to meet the Contract goal; and written

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confirmation from the DBE that it is participating in the Contract as provided in the CONTRACTOR’s commitment. (Statement of Disadvantaged Business Enterprise Participation) AGENCY shall require that any DBEs listed by contractors for participation in the Contract be certified as eligible DBEs. AGENCY will accept current certifications by the DOT and its agencies, the Small Business Administration, or other DOT federal financial assistance recipients, as appropriate. Within five (5) days of proposal opening, DBEs with current certification must attach a copy of their current Letter of Certification and a copy of their current Statement of Personal Net Worth.

AGENCY will require any firm listed, but not currently certified as a DBE, to submit the proper certification information within five (5) days of proposal opening in order to be included in the contractor’s DBE achievement.

CONTRACTOR Assurance: Pursuant to 49 CFR Part 26, the CONTRACTOR is required to make the following assurance in its agreement with AGENCY and to include this assurance in any agreements it makes with subcontractors in the performance of this Contract:
“The CONTRACTOR or Sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR or Subcontractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as AGENCY deems appropriate.” Prompt Payment to Sub-contractors: The CONTRACTOR must pay Sub-contractors for satisfactory performance of their contracts no later than 15 days from the receipt of payment made to the CONTRACTOR by AGENCY. Prompt return of retainage payments from the CONTRACTOR to the Sub- contractor will be made within 15 days after the Sub-contractor's work is satisfactorily completed.

Any delay or postponement of payment among the parties may take place only for good cause and with AGENCY’S prior written approval. If the CONTRACTOR determines the work of the Sub-contractor to be unsatisfactory, it must notify AGENCY’S DBE Officer immediately in writing and state the reasons. Failure by the CONTRACTOR to comply with this requirement will be construed to be a breach of contract and subject to contract termination.

Reports of Payment to DBE Sub-contractors: The DBE Officer will monitor the amount actually paid by the CONTRACTOR to Sub-contractors, and will require the CONTRACTOR to provide monthly reports of payments to DBEs. A letter will be sent to the DBE Sub-contractors to verify the dollar amount.

The amount awarded to the DBE, the amount paid to the DBE as stated by the CONTRACTOR, and the amount paid to the DBE as verified by the DBE, will be reported to the Federal Transit Administration (FTA).

Contract Change or Amendment: When a contract change or amendment is made, the CONTRACTOR will submit a statement to the DBE Officer regarding how the change may affect DBE sub-contracting.

Reporting DBE Participation: The CONTRACTOR is required to report all DBE participation on their contract whether or not the contract contains a specified DBE goal. The CONTRACTOR is not to count participation of a DBE Subcontractor until the amount being counted has been paid to the DBE.

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Counting DBE Participation toward the Contract Goal: Only the work actually performed by a DBE will be counted towards the DBE goal. The cost of supplies and materials obtained by the DBE or equipment leased (except from the CONTRACTOR or its affiliate) may also be counted.

Commercially Useful Function: Work that a DBE sub-contracts to a non-DBE firm does not count toward DBE goals. Expenditures may only be counted if the DBE is performing a commercially useful function. A DBE should perform at least 30 percent of the total cost of its contract with its own work force. Decisions on commercially useful function are subject to review by the FTA, but are not administratively appealable to DOT.

If materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost will be counted. If the materials and supplies are purchased from a DBE regular dealer, 60 percent of the cost will be counted.

DBE Replacement: The CONTRACTOR must make a good faith effort to replace a defaulting DBE Sub- contractor with another certified DBE. The CONTRACTOR must immediately notify the DBE Officer of the DBE’s inability to perform, and provide reasonable documentation. The CONTRACTOR must receive prior written approval on the substitute DBE from AGENCY. The CONTRACTOR will provide copies of new or amended subcontracts and copies of the substitute DBE’s current Letter of Certification and current Statement of Personal Net Worth.

If the CONTRACTOR proposes to replace a DBE Sub-contractor with a non-DBE, sufficient good faith efforts documentation must be provided. If the CONTRACTOR fails or refuses to comply in the time specified, AGENCY will issue an order stopping all, or part of, payment/work until satisfactory action has been taken.

If the CONTRACTOR still fails to comply, AGENCY may issue a termination for default proceeding.

Evaluation of Proposals with DBE Goals: After the proposal opening, or submission of proposals, the DBE Officer shall evaluate all proposals with regard to the DBE requirements to determine a recommendation for award of contract. The responsible contractor, who also meets the Contract-specific goal or demonstrates good faith efforts, shall be recommended for contract award. In the event that the contractor does not meet the Contract-specific goal or demonstrate good faith efforts, the DBE Officer shall evaluate the next proposal.

Buy America
The Buy America requirement provides that Federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:

A. When its application is against the public interest (as decided by the FTA Administration on a case-by-case basis).

B. When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.

C. When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 65 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S.

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D. When the inclusion of domestic material will increase the over-all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.

The CONTRACTOR, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Procurement Analyst at least fifteen (15) days prior to proposal opening.

When a petition for investigation has been filed with FTA before award, the AGENCY reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening of proposals, the AGENCY reserves the right to not open proposals prior to the resolution of the investigation by FTA. The CONTRACTOR and all Sub-contractor with contracts of $100,000 or more are required to certify compliance or non-compliance with this provision by submitting the attached “Buy America” Provision, with the proposal.

Remedies/Sanctions for Breach of Contract
Pursuant to Article XII of the Contract, the AGENCY may terminate the Contract if the successful Contractor breaches the terms or violates the conditions of the Contract, and does not cure such breach or violation within the specified time period. The successful Contractor shall be liable for any and all costs incurred by AGENCY as a result of such default, including but not limited to re-procurement costs of the same or similar services defaulted by the successful Contractor under this Contract [49CFR 18.36(i)(2)].

Federal Prohibited Interest
No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising there from {FTA Grant Agreement, Part II, Sec. 114 (m)}.

Lobbying
CONTRACTORS who apply or proposal for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, “Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

If the successful offeror, and/or primary Sub-contractor, did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to AGENCY.

Form is available upon request.

Clean Air Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The CONTRACTOR agrees to report each

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violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Clean Water Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The CONTRACTOR also agrees to include these requirements in each sub-contract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Cargo Preference
The CONTRACTOR agrees to the following clauses for the purchase of equipment, materials or commodities that may be transported by ocean vessel in carrying out the project:

A. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.

B. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, and to AGENCY (through the CONTRACTOR in the case of a Sub-contractor's bill-of-lading).

C. To include these requirements in all sub-contracts issued pursuant to this Contract.

Fly America Requirements
The CONTRACTOR agrees to comply with 49 U.S.C. § 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONTRACTOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate

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of compliance with the Fly America requirements. The CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

State Labor Provisions/Labor Compliance/ Contract Work Hours and Safety Standards Act Prevailing Wage Rates: Attention is directed to the requirement that no less than the Prevailing Wage Rates shall be paid on this project. Certified Payrolls on AGENCY-approved State forms are required for all workmen. Rates of pay will be current State of California, as shown in the "General Prevailing Wage Rate" Manual as determined by the State Director of Industrial Relations.

CONTRACTOR agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. FTA Grant Agreements, part II, section 119 (a).

Pursuant to the provisions of Section 1770 of the California Labor Code of the State of California, not less than the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, shall be maintained at all times during the course of the Contract. These rates are made a part of this Contract by reference.

The CONTRACTOR shall comply with Section 177.5 of the Labor Code of State of California for all apprentice-able occupations.

Labor Compliance: It is the policy of AGENCY that all CONTRACTORS and Sub-contractors engaged in public works construction shall adhere to applicable laws and regulations. In accordance with this policy, for the duration of this Contract, AGENCY shall institute a labor compliance program to monitor compliance. The CONTRACTOR shall cooperate fully with Labor Compliance monitoring efforts and the representatives engaged in this effort.

Because this project is subject to the provisions of State and Federal law governing public works contracts, all pertinent statutes and regulations are hereby incorporated by reference into this document as if set forth in their entirety, including Copeland Anti-Kickback Act requirements of 29 CFR part 3, Davis-Bacon and Related Act requirements of 29 CFR parts 1, 3, and 5, and Contract Work Hours and Safety Standards Act requirements of Section 107, 40 U.S.C. § 333 and 29 CFR part 1926.

CONTRACTORS and Sub-contractors by entering into, or performing work under this project agree to comply with all provisions of the law that apply to public works. It is the responsibility of the CONTRACTOR to obtain and adhere to the latest edition of the statutes and regulations including, but not limited to, the following:

A. Apprentices - All apprentices employed on this project shall be bona fide apprentices registered with the State of California, Division of Apprenticeship Standards.

B. Certified Payroll - All CONTRACTORS shall submit weekly certified payroll records for all laborers and mechanics furnishing labor to the project not later than ten calendar days after the closed payroll period.

C. Payment Of The Prevailing Wage - The CONTRACTOR and all Sub-contractors under him shall pay not less than the specified prevailing wage rate to all workmen employed in the execution of the contract.

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D. Working Hours - The CONTRACTOR shall pay workers employed on the Contract not less than the appropriately specified straight time and overtime prevailing wages for all hours worked.

E. Employee Interviews - AGENCY, through its representatives, will conduct weekly on-site interviews of workers employed on the Contract. The interviews shall be conducted without the interference or obstruction of the CONTRACTOR. No worker who is interviewed is to be threatened, coerced, or intimidated.

Violations: AGENCY will take cognizance of violations of the prevailing wage and public works laws committed during the course of this Contract. Such evidence of violation may result in the assessment of penalties and forfeitures to the fullest extent allowed by law until compliance has been strictly effectuated. AGENCY may suspend or terminate a contract, or debar a CONTRACTOR from future contracts, for breach of the Labor Compliance Requirements.

Contract Work Hours and Safety Standards Act
A. Overtime requirements - No CONTRACTOR or sub-contractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the CONTRACTOR and any sub-contractor responsible therefore shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5.

C. Withholding for unpaid wages and liquidated damages – AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.

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D. Sub-Contracts - The CONTRACTOR or sub-contractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier sub-contracts. The prime CONTRACTOR shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in this section.

E. Payrolls and basic records - Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

Seismic Safety
The CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure that all work performed under this Contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

Safety and Health Regulation
The CONTRACTOR agrees to comply with Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § 333, and applicable U.S. Department of Labor regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. The CONTRACTOR also agrees to include the requirements of this section in each sub-contract.

Federal Energy Conservation Requirements

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The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

Recycled Products
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The CONTRACTOR also agrees to include these requirements in each sub-contract.

Access Requirements for Individuals with Disabilities
The Prime CONTRACTOR and all Sub-contractors on this project are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C.A. § 1612; and the following regulations and any amendments thereto:

A. U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37;

B. U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;

C. U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;

D. Department of Justice (DOJ) regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;

E. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

F. General Services Administration regulations, “Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19.

G. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;

H. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47 C.F.R. Part 64, Subpart F; and

I. FTA regulations, “Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.

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Privacy Act
The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.

The CONTRACTOR also agrees to include these requirements in each sub-contract.

Federal Drug and Alcohol Regulations
A. Contractor hereby certifies that it will provide a drug and alcohol-free workplace and shall at all times during the term of the contract, observe and comply with the U.S. Department of Transportation and Federal Transit Administration’s Drug and Alcohol testing regulations.

B. Contractor should establish and maintain a drug and alcohol policy to assure employee fitness for duty and to protect employees, passengers, and the public from the safety and health risks posed by the misuse of alcohol and the use of prohibited drugs. The policy shall comply with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They shall include the regulations promulgated by the U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) , and include the following: DOT 49 CFR Part 40, as amended (”Procedures for Transportation Workplace Drug and Alcohol Testing Programs”); FTA 49 CFR Part 655 (“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”); DOT 49 CFR Part 29 (“Drug-Free Workplace Act of 1988”); and California Government Code Sections 8350 et seq. (“Drug-Free Workplace Act of 1990”). The Policy shall incorporate the requirements of the above regulations for safety-sensitive employees.

C. Contractor must submit its drug and alcohol testing policy to the City

D. City must certify annual compliance to FTA and shall provide assistance to Contractor in completing annual Management Information Systems reports during the term of the contract.

i. Contractor shall submit to City drug and alcohol testing data using the appropriate FTA prescribed forms on an annual basis, no later than February 15th of each year following the close of the previous calendar year.

ii. Contractor shall submit to City drug and alcohol testing data using the appropriate FTA prescribed forms on an annual basis, no later than February 15th of each year following the close of the previous calendar year.

City of Montebello
Department of Transportation
400 South Taylor Avenue
Montebello, CA 90640
Attn: Drug and Alcohol Program Manager

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E. Contractor shall provide City or designee with quarterly drug and alcohol testing reports using the applicable forms required by the FTA. The quarterly report must be submitted no later than the 15th of the month following the close of each quarter, as described below.

Continued payment of Contractor invoices by City is contingent upon Contractor submission of the required reports on a timely basis and compliance with DOT and FTA mandated rules.

Quarterly Drug and Alcohol Reporting Submit By:
1st Quarter Jan. Feb. Mar April 15 th
2nd Quarter Apr. May Jun. July 15 th
3rd Quarter Jul. Aug. Sep. October 15 th
4th Quarter Oct. Nov. Dec. January 15 th

F. The Project Manager for Contractor shall be responsible for the ongoing monitoring of Contractor compliance with DOT and FTA regulations, including ensuring that the quarterly and annual reports, as described above, are submitted on time.

G. City reserves the right to audit Contractor compliance on an annual basis by designated City staff or designee which may include site visits and mock collections, and report findings to the Director of Transportation and Project Manager responsible for the contract.

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SECTION 5 – SCOPE OF WORK

PROJECT DESCRIPTION
The City is seeking a qualified Contractor to provide auto body repair and painting services for all City- owned vehicles and equipment on an as-needed basis.

The successful Contractor shall have a minimum of five (5) years of recent experience performing comparable services. Unless otherwise authorized in writing by the City, all work shall be performed at the Contractor's repair facility.

Compensation shall be based on the pricing submitted in the Contractor's Cost Proposal.

1. AUTO BODY REPAIR & PAINTING SERVICES
The Contractor shall provide complete auto body repair and painting services for City-owned vehicles and equipment, including, but not limited to:
• Collision damage repair
• General auto body repairs
• Dent removal and repair
• Exterior and interior body component replacement
• Glass repair and replacement
• Vehicle painting and refinishing
• Frame repairs
• Structural repairs
• Other related repair services
Bent components shall be straightened and reinforced whenever feasible or replaced if necessary.

If decals are damaged during repairs, the Contractor shall:
• Obtain replacement decals from the City.
• Install the replacement decals.
• Include decal removal and installation in the repair estimate.

2. BODY REPAIR REQUIREMENTS
All body work shall receive a minimum of three (3) coats of primer, consisting of:
• Two (2) coats during body repair
• One (1) coat prior to painting

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3. PAINTING PROCESS REQUIREMENTS
The Contractor shall utilize modern paint matching technology, computerized mixing systems, and professional spray equipment.

The painting process shall include the following:

1. Primer

2. Base Coat

3. Clear Coat (Solvent or Water-Based)

4. APPROVED PAINT MANUFACTURERS
All paint products shall be supplied by qualified manufacturers, including, but not limited to:
• Diamont
• DuPont
• Duramix
• Kustom Shop
• PPG
• Sherwin-Williams
The Contractor shall identify the paint manufacturer used on each repair estimate.

5. AUTO BODY SHOP REQUIREMENTS
The Contractor shall maintain a fully operational repair facility that meets the following minimum requirements.

A. Licensing
• Be legally authorized to perform complete auto body repairs and vehicle painting. • Maintain all required Federal, State, and Local licenses and certifications.

B. Paint Booth
Maintain a paint booth that complies with all applicable environmental and regulatory requirements.

C. Security
Maintain a secure storage area for City vehicles that includes:
• 24-hour centrally monitored alarm system

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• Exterior security cameras
D. Welding Equipment
The Contractor shall possess:
• MIG welder
• TIG welder
• Other approved electric spot welding equipment
Gas welding shall not be permitted.

Prior to any welding operation, all onboard vehicle computer systems shall be disconnected.

The Contractor shall be responsible for replacing any damaged vehicle computer components resulting from failure to disconnect the system before welding.

E. Business Hours
The Contractor shall be available during normal business hours:

Monday through Friday
8:00 a.m. – 5:00 p.m.

F. Capacity and Service
The Contractor facility must accommodate, store, and service up to three (3) 40-foot buses at any given time.

6. ESTIMATE PROCESS
The Contractor shall provide written repair estimates upon request.

No repairs shall begin until:
• The City approves the estimate in writing.
• A Purchase Order (Notice to Proceed) has been issued.

Prior to preparing the estimate, the Contractor and the City's Vehicle Maintenance Manager shall jointly inspect the vehicle and document its condition.

The Contractor assumes full responsibility for all City vehicles and their contents while in its possession.

Required Estimate Information
Each estimate shall include:
• Vehicle year

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• Make
• Model
• Mileage
• License Plate Number
• Vehicle Identification Number (VIN)
• City Vehicle Identification Number
• Incident Report Number and Date (when applicable)
• Detailed description of repairs
• Estimated labor hours
• Itemized parts costs
• Itemized paint and materials costs
• Shop supplies and miscellaneous charges
• Applicable sales tax
• Total estimated repair cost
• Estimated completion schedule
• Recommendations for additional repairs (if applicable) • Name and version of the estimating software or collision estimating guide used All estimates shall utilize an industry-standard collision estimating system commonly accepted by insurance adjusters.

7. PARTS REQUIREMENTS
All replacement parts shall be:
• New
• Original Equipment Manufacturer (OEM)
The Contractor shall furnish all labor, materials, equipment, and supplies necessary to complete repairs.

All miscellaneous materials, shop supplies, and incidental expenses shall be included within the hourly labor rate unless otherwise approved by the City.

8. WHEEL ALIGNMENT

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When required, the Contractor shall perform:
• Thrust Alignment for frame vehicles
• Four-Wheel Alignment for unibody vehicles
A printed alignment report shall accompany each repair order.

The Contractor shall ensure that qualified personnel or subcontractors perform all alignment work.

9. FRAME REPAIR
The Contractor shall perform frame straightening whenever necessary.

All frame repairs shall be completed by qualified personnel or subcontractors experienced in structural vehicle repair.

10. AIRBAG SYSTEMS
Whenever replacement is required, all airbag components shall be replaced using new OEM components only.

11. MAJOR BODY REPAIRS
When body panels or structural components cannot be repaired:
• Damaged metal or plastic components shall be removed. • Replacement components shall be equal to or exceed the original manufacturer's thickness and specifications.

12. WARRANTY
The Contractor shall provide written warranty information covering both workmanship and materials.

Examples of unacceptable workmanship include, but are not limited to:
• Paint swirls
• Fish-eye blemishes
• Mismatched paint
• Buffer burns
• Poor finish quality
• Surface imperfections

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• Any other defects in workmanship or materials

13. PICKUP & DELIVERY
The Contractor shall provide prompt pickup and delivery of City vehicles, including towing services when necessary.

Upon delivery:
• Repairs shall be reviewed with the City's representative. • Vehicle condition shall be verified.
• Any deficiencies shall be corrected at no additional cost.

Completed vehicles shall be returned to the City's Transportation Department within 24 hours of repair completion.

14. TIME FOR PERFORMANCE
Time is of the essence.

The Contractor agrees to prioritize City repairs over other work unless otherwise approved by the City.

If the Contractor cannot complete repairs within a reasonable timeframe, the City reserves the right to:
• Obtain services from another qualified repair facility. • Utilize a backup contractor.

Repeated failure to meet performance expectations may result in contract termination.

15. ESTIMATED WORKLOAD
The City estimates approximately $75,000 in annual expenditures for services covered under this Agreement.

This amount is provided solely for budgeting and evaluation purposes and does not constitute a guarantee of work.

Actual expenditures may be greater or less depending on operational needs.

The City reserves the right to:
• Increase or decrease service quantities.
• Award multiple contracts if determined to be in the City's best interest. • Utilize backup contractors as needed.

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SECTION 6 – QUALIFICATIONS

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

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

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

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

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

D. The firm must have a minimum of five (5) years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to MBL.

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

F. Experience with projects of similar size and scope.

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SECTION 7 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

AUTO BODY REPAIR AND PAINTING SERVICES

THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2026, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY desires to retain a qualified professional CONTRACTOR to provide auto body repair and painting services for the City’s vehicles and equipment to restore safe operating condition, appearance, and functionality; and

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

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

WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals dated November XX, 20XX (RFP No. [XX-XX]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

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

a. This Agreement.
b. RFP No. XX-XX, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. XX-XX dated ……………., 2026, attached hereto as Exhibit “B”. d. CONTRACTOR’S “Best and Final Offer” to RFP No. XX-XX dated ……………., 2026, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

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SECTION 2. SERVICES / COMPENSATION.

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

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

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

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

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

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

SECTION 3. TERM.

This Agreement shall commence on ………………, 2026 and shall be valid for an initial two-year (2-year) term.

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

SECTION 4. PERFORMANCE.

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

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

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A. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub-contractors to assist in the completion of services as herein defined. Compensation for additional individuals, Contractors, or sub-contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

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

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

SECTION 5. WORK PRODUCT.

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

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

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

SECTION 6. EXTRA SERVICES.

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

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SECTION 7. CITY SUPERVISION.

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

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

SECTION 8. TERMINATION.

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

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

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONTRACTOR.

A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent CONTRACTOR. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement.

CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-contractors for injury or sickness arising out of performing services hereunder.

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

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

SECTION 12. PERS ELIGIBILITY INDEMNITY.

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

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

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

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

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

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

By executing this Agreement, CONTRACTOR further certifies as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

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such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

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

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

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

SECTION 21. MISCELLANEOUS.

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

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

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

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.

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

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

SECTION 22. NOTICE.

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

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

CONTRACTOR
________________________
________________________
________________________
________________________

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

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

SECTION 24. CONFLICT OF INTEREST.

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

CONTRACTOR further covenants that, in performance of this Agreement, no person having any such

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

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

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

SECTION 25. ENTIRE AGREEMENT.

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

CITY OF MONTEBELLO CONTRACTOR

_______________________ _____________________
Raul Alvarez Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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SECTION 8 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 27-01

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

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

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

The contractor certifies that it has:

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

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

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

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

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

The contractor further certifies that:

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

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

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

Addenda No(s)
Dated Dated

Dated Dated

Dated Dated

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

Contractor’s Name
Business Address

Contact Person
Email Address
Phone

Fax
Signature of Authorized Official Signature of Authorized Official

Typed or Printed Name Typed or Printed Name

Title Title

Date Date

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

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For proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

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EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.27-01, AUTO BODY REPAIR AND PAINTING SERVICES Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, sub contractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 27-01 AUTO BODY REPAIR AND PAINTING SERVICES (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

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

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

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________Name: ________________________ (Print) (Print)
By: _________________________________________________By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________Title: _______________________________________

Date: ________________________________________________Date: ________________________________________

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EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

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EXHIBIT C

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

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

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

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

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

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

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

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

E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior

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written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

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EXHIBIT D
RFP No. 27-01

AUTO BODY REPAIR AND PAINTING SERVICES

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

List other costs/fees:

: Description Cost/Fees

Quantity Description of Work Cost of Needs
1 LABOR – BODY/DENT REPAIR $ /hr. 2 LABOR – PAINTING $ /hr. 3 LABOR – MECHANICAL/ELECTRICAL $ /hr. 4 OEM PARTS – PERCENTAGE DISCOUNT FROM
MANUFACTURERS’ LIST %
5 PAINT MATERIALS RATE $
$
$
TOTAL $

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Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

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

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

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
< $1 million YES Name
< $5 million NO
Phone

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

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

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

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

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

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

Photocopy this form for additional firms.

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

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
< $1 million YES Name
< $5 million NO
Phone

< $10 million If YES list DBE
#:

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

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

< $10 million If YES list DBE
#:

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

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EXHIBIT F

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

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

knowledge and belief, that it and its principals:

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

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

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

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

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

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

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

Signature and Title of Authorized Official

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

Signature of Attorney Date

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EXHIBIT G

PERFORMANCE GUARANTEE CERTIFICATION

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

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Contractor’s Name:

Authorized Signature:

Title:

Date:

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EXHIBIT H

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

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

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

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

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

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

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

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

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

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

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

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

RFP No. 27-01

Montebello Bus Lines

Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

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

RFP No. 27-01

Montebello Bus Lines

EXHIBIT I

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

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

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

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

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

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

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

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

NAME OF BENEFICIARY
By:

Its:

RFP No. 27-01

Montebello Bus Lines

EXHIBIT J

BANK DRAFT

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

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

Montebello Bus Lines

EXHIBIT K
Certification of Drug-Free Workplace
I,__________________________________, hereby certify on behalf of (Name of authorized official)
______________________________________that:
(Name of company)
The Contractor named above, and all Sub-Contractors working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor and all Sub-Contractors will, therefore:

Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited, and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).

Establish a Drug-Free Awareness Program, as required by Government Code Section 8355(b), to inform employees about all of the following:

1. The dangers of drug abuse in the workplace.

2. The firm’s policy of maintaining a drug-free workplace.

3. Any available counseling, rehabilitation, and employee assistance programs and,

4. Penalties that may be imposed upon employees for drug abuse violations, including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.

Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:

1. Will receive a copy of the firm’s drug-free policy statement, and:

2. Will agree to abide by the terms of the firm’s statement as a condition of employment on the contract.

Certification
I, ___________________________________, hereby certify that the above named company, which I am duly authorized to represent, will comply with the Drug-Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California.

Executed this_________ day of___________, 20________
By_____________________________________________
(Signature of Authorize Official)
_______________________________________________
(Title of Authorized Official)

Bidder________________________________________________________________________

RFP No. 27-01

Montebello Bus Lines

EXHIBIT L
Certificate of Compliance with 49 CFR Part 655
Prevention Of Alcohol Misuse and Prohibited Drug Use in Transit Operations Bider hereby certifies that
A. Anti-drug Use and Alcohol Misuse Program
(Choose one Alternative with an X in the box)
☐1. Bidder/Contractor has established and implemented an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655.

Or
☐2. Bidder/Contractor will establish and implement an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655 prior to contract award.

B. Drug and Alcohol Testing Program
(Choose on alternative with an X in the box)
☐1. To the best of my knowledge and belief the Work required under the Contract will not require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655.

Or
☐2. To the best of my knowledge and belief the Work required under the Contract will require the performance of Safety Sensitive Functions as defined in 49 CFR Part 655. (If Alternative 2 was chosen, select one of the following alternatives with an X in the box) ☐a. Bidder/Contractor has established and implemented a drug and alcohol testing program that complies with 49 CFR Part 655.

☐b. Bidder Contractor will establish and implement a drug and alcohol testing program that will comply with 49 CFR Part 655 prior to contract award.

C. Certification
Bidder will submit its Anti-drug Use and Alcohol Misuse Program, and, if B.2 was marked above, its Drug and Alcohol Testing Program, to City of Montebello- Department of Transportation for review and approval prior to contract award.

Bidder/Contractor: ______________________________________________________________

Authorized Representative:_______________________________________________________________

Signature of Authorized
Representative:_______________________________________________________________

Title:____________________________________Date:________________________________

RFP No. 27-01

Montebello Bus Lines

[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Director of Transportation

SUBJECT: ADOPT RESOLUTION NO. 26-64 AUTHORIZING THE FINANCE

DIRECTOR TO SUBMIT A CLAIM FOR FUNDING PROVIDED BY THE

TRANSPORTATION DEVELOPMENT ACT (TDA) FOR FISCAL YEAR
2026-27

DATE: September 23, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 26-64 authorizing the Finance Director to submit a claim for funding provided by the Transportation Development Act (TDA) for Fiscal Year 2026-27; and

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

FISCAL IMPACT:

Senate Bill 325, also known as the Transportation Development Act (TDA) of 1971, provides annual funding to public transportation operators through the Local Transportation Fund (LTF) and the State Transit Assistance (STA) Fund. These funds may be used for eligible transit and non-transit-related projects, provided certain requirements are met. LTF funding may support local streets and roads, including construction and maintenance activities, when there are no unmet transit needs.

Conversely, STA funding is restricted for transportation planning and mass transportation purposes only.

The City of Montebello will receive a TDA allocation of $10,853,205 (LTF - $9,509,139 and STA - $1,344,066) for Fiscal Year 2026-27 (Attachment A), to be used for transit operating expenditures. The TDA allocation is included in Montebello Bus Lines’ (MBL) FY 2026-27 adopted operating budget. A TDA claim form identifying the proposed use of

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 23, 2026

the allocation must be submitted to the Los Angeles County Metropolitan Transportation Authority (Metro) for review and approval. Once the claim is approved, MBL will receive the allocated funds through monthly direct deposits to support eligible operating expenses.

Projects eligible for LTF and STA funding are as follows:

BACKGROUND/DISCUSSION:

The City operates MBL to provide fixed-route transit service to the cities of Alhambra, Bell Gardens, Commerce, Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, San Marino, South Gate, and Whittier. Therefore an ongoing need exists to maintain access to available funding opportunities that support the continued delivery of transportation services to the City and its surrounding communities. To ensure continued access to LTF and STA funding, the City is required to submit a TDA claim form annually. These claim forms must be approved by MBL's Governing Board (Board) through a City Council Resolution (Attachment C).

The TDA was enacted to improve existing public transportation services and promote regional transportation coordination. The TDA established two primary funding sources as follows:

1. LTF funding is derived from one-quarter of one cent of the statewide general sales tax. Based on the sales tax collected within each county, the State Board of Equalization returns the applicable revenues to each county's LTF. Each county then apportions these funds among eligible jurisdictions based on population.

2. STA funding is appropriated by the Legislature to the State Controller's Office (SCO), which subsequently allocates the funds by formula to planning agencies and other eligible entities. State statute requires that 50 percent of STA funding be allocated based on population, while the remaining 50 percent is allocated based on transit operator revenues from the prior fiscal year.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 23, 2026

Metro serves as the local planning agency responsible for administering the distribution of these funds to transit agencies throughout Los Angeles County. As the state- designated administrator, Metro requires public transportation operators to submit annual TDA claim forms, signed by the Chief Financial Officer, to receive LTF and STA funding (Attachment B). In addition, Metro requires MBL's Board to annually approve a Resolution authorizing the proposed use of the funds and the submission of the required claim form(s). For all intents and purposes, the Montebello City Council serves as MBL's Governing Board.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council adopt Resolution No. 26-64, authorizing the Finance Director, as the City’s Chief Financial Officer, to submit a claim form for funding provided by the TDA and through the LTF and the STA funding sources for FY 2026-27; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – FY 2026-27 Adopted Transit Fund Allocations

2. Attachment B – TDA Claim Form

3. Attachment C – Resolution No. 26-64

June 17, 2026

MEMO TO: BUS OPERATIONS SUBCOMMITTEE

FROM: Dr. Rufus E. Cayetano – Senior Director, Finance; Local Programming

SUBJECT: FY 2027 TRANSPORTATION DEVELOPMENT ACT (LTF & STAF)

CLAIM FORMS

Attached are the guidelines for preparing the Fiscal Year 2027 TDA claim forms for Local Transportation Funds (LTF - Article 4) and State Transportation Assistance Funds (STA - Article 6.5) to include SB1 STA and SB1 SGR.

Please call me at (213) 922-2379 if you need any help.

Attachment

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page I.

FISCAL YEAR 2027

TRANSPORTATION DEVELOPMENT ACT PROGRAM

INSTRUCTIONS FOR PREPARING PUBLIC TRANSPORTATION CLAIMS

General Information

These guidelines pertain to claims filed for public transportation purposes under the following categories:

Local Transportation Fund (LTF)

Article 4, PUC Section 99260(a), for support of public transportation systems; and

State Transit Assistance Fund (STAF)

Article 6.5, PUC Section 99315, for operators, cities and counties eligible to receive Article 4, 4.5 or 8c in meeting public transportation needs.

When filling out claim forms, claimants should refer to sections of Caltrans' TDA Statutes and California Codes of Regulations, July 2018

When and Where to File

The attached claim forms are required to file claims for Local Transportation Funds and/or State Transit Assistance Funds as follows:

Local Transportation Funds (LTF)

Claimants in Los Angeles County should submit a claim with an original signature either by email or mail to the attention of Rufus E.

Cayetano at Los Angeles County Metropolitan Transportation Authority, One Gateway Plaza Los Angeles, CA 90012-2952 (Mail Stop 99-21-3), no later than September 30, 2026. Claims will be processed in the order in which they are received.

State Transit Assistance Funds (STAF)

Claimants should submit claim forms for STA funds to the address noted above.

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page ii.

ITEMS TO BE FILED

1. STATEMENT OF ASSURANCES

Each claim must include a copy of the "Standard Assurances for Applicants". Applicable paragraphs should be initialed and signed by the authorizing party.

2. CLAIM FORM

A claim form (Pages 1 and 2, LTF and STAF) is required for each request of Local Transportation Funds and State Transit Assistance Funds. Information should be provided as follows:

Claimant: Enter the name of the jurisdiction or transit operator filing the claim.

Contact Person: The name and phone number of the person to be contacted regarding information contained in the claim.

Date: Enter the month, day and year the claim is signed.

Payment Recipient: Enter the address and to whose attention the County Auditor should transmit payments.

Purpose: All TDA claims will be Article 4, PUC Section 99260(a). For STA claims, check the applicable regulation. Refer to Caltrans' TDA Statutes and California Codes of Regulations for appropriate statute or regulation.

Detail of Requested Payment: Enter the amounts requested for operating, capital, and capital reserves after completion of table 2.

Authorizing Signature: The claim must contain an original signature of the claimant's Chief Financial Officer or Chief Administrative Officer. Please include name and title. Enter the name of the jurisdiction or transit operator and the transit mode (e.g., fixed route, dial-a-ride) on each table.

3. HISTORICAL AND PROJECTED FINANCIAL STATUS- TABLE L- 1

These financial statements are applicable to LTF and STAF claims and must be included with all requests for funds.

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page iii.

All line items on the statements are consistent with the State Controller's Uniform System of Accounts for Public Transit Operators, and claimants should refer to the State Controller's system for definitions.

Figures entered in the "Audited" column (FY 2025) must correlate to the FY 2025 Fiscal and Compliance Audit figures. Figures for the "Actual" column must be an annualized estimate of FY 2025, based on claimant's records up to the time the statement is prepared, or upon audited figures for the claim year, if available.

INSTRUCTIONS FOR SELECTED LINE ITEMS ON TABLE 1 ARE LISTED BELOW.

PLEASE NOTE THAT ALL CLAIMANTS ARE REQUIRED TO SUBMIT TABLE L-1 FOR EACH MODE OF TRANSIT SERVICE AND FOR THE SYSTEM TOTAL.

SOURCES OF FUNDS FOR CAPITAL: This part of Table L-1 depicts sources of funds made available for capital purposes only.

OPERATORS ARE NOT PERMITTED TO HOLD CAPITAL FUNDS IN THEIR OWN ACCOUNTS; ANY EXCESS ALLOCATIONS SHOULD BE RETURNED TO THE

COUNTY AUDITOR AND REPROGRAMMED OR RE-RESERVED AS AUTHORIZED BY MTA. OPERATORS ARE REQUIRED TO MAINTAIN DETAILED ACCOUNTING BY PROGRAM YEAR FOR ALL CAPITAL PROJECTS.

TDA/STA CLAIM FORMS: Operators may apply TDA Art 4 funds to operating and/or capital. The amount of the allocation applied to operating should correspond with Payment from Unallocated - Operations (item #1 on the claim form). Item #2 is the amount that the operator requests to place in capital reserve from the current year’s allocation and should correspond with the total capital funds reserved for future payment in Table 2. Item #3 is the Total FY 2027 fund mark and is the sum of #1 and #2.

TDA/STA CAPITAL ALLOCATION Table L-1: The top portion of this form represents the TDA/STA, Proposition A and C funds that the operator annually decides to allocate to capital. MTA administrative practice requires that all TDA capital funds be placed in reserve until the operator submits a written request to MTA for drawdown. Secondly, operators must meet the annual eligibility test to apply STA funds to operating, however they may apply these funds to capital projects for that year. The amount entered on Table L- 1 (Source of Capital Funds for TDA/STA) as the FY 2027 planned capital allocation, should correspond with the amount entered on line 2 of the TDA/STA Claim form and the amount reserved for future payment on Table 2. (sum of columns A &B). Only Prop A Discretionary funds that are carried over from a prior year are allowed to be applied to capital expenses.

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page iv.

TDA/STA TABLE 2. Operators are required to identify the capital projects that are to be reserved for payment in FY 2028 or future years. Enter the name of the capital project and the amount of the anticipated expenditure. This should also be supported with documentation in the operator’s Short Range Transit Plan and Transit Improvement Program (TIP). Identify the planned expenditure in FY 2028 and the amount planned for expenditure in future years. Prop A & C Discretionary Capital projects should be separately identified in the TIP sheet and Short Range Transit Plan.

SB1 STA/SGR: The Road Repair and Accountability Act, Senate Bill (SB) 1 (Chapter 5, Statutes of 2017) provides additional STA Funds as well as the State of Good Repair (SGR) program that provides revenue for transit infrastructure repair and service improvements. These SB1 funds need to be shown on your claim form. Since SGR funds are to be used for capital expenditure, operators need to indicate these on applicable Table 2. The projects identified must be consistent with those that were approved by Caltrans for use of SB1 Funds.

SOURCES OF FUNDS FOR OPERATING:

SOURCES OF FUNDS FOR OPERATING: This part of Table L-1 depicts sources of funds made available for operating purposes only, some of which are explained below.

TDA CARRYOVER - PRIOR YEAR: This represents unspent TDA funds received in prior years for operations. Because Proposition A Discretionary funds are to be the last funds spent, this line should always be zero. ONLY

CLAIMANTS WHO DID NOT RECEIVE PROPOSITION A DISCRETIONARY FUNDS (LINE 30) SHOULD HAVE TDA CARRYOVER, AS MTA POLICY ALLOWS

EXPENDITURE OF DISCRETIONARY FUNDS ONLY AFTER THE EXPENDITURE OF ALL OTHER SUBSIDIES.

TDA CURRENT FROM UNALLOCATED: Amounts entered on this line represent total LTF operating payments received or requested by the claimant for each year. The amount entered on Table 1 should correspond to the TDA claim form Item #1.

STA CURRENT FROM UNALLOCATED: Amounts entered on this line represent STA payments received or requested for claims filed in a particular fiscal year. (Operators must have passed the annual eligibility test to apply STA funds to operating). The amount entered on Table L- 1 should correspond to the STA claim form Item #1.

PASSENGER FARES: Passenger fares include farebox revenues and those Proposition A Local Return Special Fare Assistance monies received on a

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page v.

per-passenger basis that qualify as fare revenue. Proposition A Local Return funds included in this category should be noted at the bottom of Table 1.

PROPOSITION A DISCRETIONARY GRANT: Amounts entered on this line represent Prop. A monies received by Article 4 operators from MTA under a Memorandum of Understanding (MOU). If funds are shown in FY 2025 complete the Proposition A Discretionary Worksheet supplement enclosed in this package (Table 4).

PROPOSITION A LOCAL RETURN: Amounts entered on this line represent Prop. A monies received by any operator from a municipality under the Local Return Program, exclusive of those that qualify as fare revenues.

PROPOSITION A INCENTIVE FUND: Amounts entered on this line represent Prop. A monies received by any operator from a municipality under the Incentive Program.

OTHER LOCAL - PROP. A EXCHANGES: Profit earned or funds lost as a result of Proposition A Local Return fund exchanges should be noted here, as well as any other local subsidies not covered by one of the above categories.

PROPOSITION C LOCAL RETURN: Amounts entered on this line reflect estimates of Prop. C funds in Operators' budget during FY 2027.

PROPOSITION C DISCRETIONARY GRANT: Amounts entered on this line represent Prop. C monies received by any operator from a municipality under the Local Return Program.

SUBTOTAL OPERATING REVENUES: Operators should enter the sum of Lines 16 through 35.

TOTAL OPERATING EXPENSES: This amount reflects total operating expenses, excluding depreciation and amortization, and must correlate to the fiscal audit for FY 2025. Any excess of expenses over revenues will have the net effect of reducing eligibility for funds for the following fiscal year(s). FY 2027 planned operating expenses must equal Line 36 - Subtotal Operating Revenues. Multimodal operators should use a separate Table 1 to show operating expenses for each mode and should include an additional Table 1 to summarize Total System Expenses.

Indicate the mode at the top of each table.

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page vi.

4. GOVERNING BODY AUTHORIZATION

Each claim must include a copy of a resolution or minute order in which the claimant's governing body authorizes the claim and approves the basic purpose for which it is being filed.

5. JUSTIFICATION STATEMENTS

Justification statements must accompany the claim when either: a) the operating budget indicates an increase of over 15 percent from the preceding fiscal year; or b) a major capital project (e.g., over $100,000) is to be funded without federal funds.

6. PROPOSED COMMITMENT STATEMENT

When it is requested that funds be reserved for long-term capital projects, the claimant must submit a description of the project. The SRTP description will suffice for this requirement.

7. EMPLOYEE RETIREMENT STATEMENT (Article 4 only)

A statement must accompany the claim, signed by the claimant's Chief Financial Officer or a Certified Public Accountant, certifying that the current cost of the operator's retirement system is fully funded.

8. PROOF OF FUNDING OBLIGATION (Article 4 only)

When requesting drawdown of funds reserved for major capital projects, tangible evidence of a legal commitment to expend these funds (invoice, purchase order or contract, or schedule of projects with Board resolution) must be submitted. This may be done quarterly.

9. COOPERATIVE AGREEMENT OR CONTRACT

Claims filed through cooperative agreements and joint powers agreements by a local agency or operator must be accompanied by an executed copy of the agreement, unless a copy is already on file with the MTA.

10. TDA RESERVE FUNDS HELD BY COUNTY AUDITOR

Operators who have TDA (LTF) reserve accounts with the County Auditor must separately complete and submit their drawdown request on a quarterly basis to their respective Project Manager. The request should identify the name of the project, the TIP project identifying number, the amount of the drawdown, the Fiscal Year the funds were programmed

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page vii.

and any remaining balance in the project account. The MTA shall pay the request utilizing the first in first out rule. However, operators are responsible to maintain fund balances by project, by Fiscal Year and with identifying number which corresponds to the project in the TIP.

11. TDA RESERVE FUNDS HELD BY OPERATOR

Operators who are, for any reason, holding TDA capital reserves in their own account must complete a form and submit it with their claim to comply with requirements in the Conformance Auditing Guide.

UNEXPENDED TDA CAPITAL FUNDS MUST BE RETURNED TO MTA AND MAY BE RE-RESERVED OR REALLOCATED AT MTA’S DISCRETION.

12. CALIFORNIA HIGHWAY PATROL CERTIFICATION (Pull Notice)

Operators are required to have their buses inspected by a representative of the California Highway patrol within the past 13 months. A copy of this certificate must be submitted with the claim.

12. PROPOSITION A DISCRETIONARY GRANT WORKSHEET (Table 4)

This table is required to be completed to receive Proposition A Discretionary Grant funds. However, only Lines 28 to 33 need to be completed if Table 1 is completed and submitted simultaneously.

Instructions for completing Lines 28 to 33 are as follows:

LINE 28 - VEHICLE SERVICE HOURS (VSH): This figure should be consistent with National Transit Data (NTD) and TPM data for the transit mode for which financial statistics are being reported.

LINE 29 - COST PER VSH: This figure is calculated by dividing Line 27 by Line

28. LINE 30 - PERCENT CHANGE IN COST PER VSH: This figure is calculated by subtracting Line 29 for FY 2022 from Line 29 for FY 2027. The difference is then divided by Line 29 for FY 2027, which will equal the percentage change. If this change is greater than CPI then the claimant should attach an explanation of why the cost per hour is increasing over the CPI.

LINE 32 - 5% OF OPERATING EXPENSES: Line 27 (Total Operating Expenses) multiplied by five percent (.05).

LINE 33 - 25% OF LOCAL RETURN FUNDS: Calculate 25% of the city's Prop. A Local Return allocation for the fiscal year.

THE "MAINTENANCE OF EFFORT" REQUIREMENT IS THE LESSER OF LINES 32

FY 2027 TDA/STA CLAIM INSTRUCTIONS
Page viii.

AND 33. LINE 20 (PROPOSITION A LOCAL RETURN) SHOULD BE GREATER THAN OR EQUAL TO THIS AMOUNT.

Public Transportation System Claim

CHECKLIST OF ITEMS FILED

FISCAL YEAR:

CLAIMANT: DATE:

The items checked below are enclosed in connection with the claim filed herein:

1. Pages 1 and 2 for TDA and STA
(See instructions for completing the form in the instruction package).

2. Financial Statement (Table L-1)
(A separate table must be completed for each mode. The
table should be consistent with the table included in the SRTP.)

3. Standard Assurances for Claimants

4. Governing Body Authorization
Submit a certified copy of a resolution or minute order.

5. Justification Statements

6. Proposed Commitment Statement(s)
Complete when requesting long-term capital reserves.

7. Employee Retirement System Certification Statement

8. Proof of Funding Obligation
Submit tangible evidence of imminent need for capital
reserve drawdowns.

9. Cooperative Agreement or Contract
Submit copies if applicable.

10. TDA Reserves Held by County Auditor (Table 2)

11. California Highway Patrol Certification (Pull Notice) Current within 13 months.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

PUBLIC TRANSPORTATION CLAIM

STANDARD ASSURANCES FOR APPLICANTS

FOR LOCAL TRANSPORTATION FUNDS (LTF) AND

STATE TRANSIT ASSISTANCE FUNDS (STAF)

Claimant: Fiscal Year:

PLEASE INITIAL ALL APPLICABLE PARAGRAPHS PURSUANT TO WHICH THE CLAIM IS BEING SUBMITTED.

MTA
TDA
GUIDE
SECTION Initial

1. CERTIFIED FISCAL AND COMPLIANCE AUDIT
Claimant certifies that it has submitted a

1.8.1 satisfactory, independent fiscal and compliance

1.8.3 audit, with required certification statement, to SCAG, MTA, and the Department of Transportation, pursuant to PUC Section 99245 and CAC Section 6664 for the prior fiscal year (project year minus two).

Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one) and submitted to MTA no later than 120 days after the close of the fiscal year.

2. 90-DAY ANNUAL REPORT (STATE CONTROLLER'S REPORT)
Claimant certifies that it has submitted a State Controller's Report

1.8.2 in conformance with the Uniform System of Accounts and Records,

1.8.3 to SCAG, MTA, and the State Controller, pursuant to PUC Section 99243, for the prior year (project year minus two). Claimant assures that this report will be completed for the current fiscal year (project year minus one) and submitted no later than 90 days after the close of the fiscal year.

3. PART-TIME EMPLOYEES*
Claimant certifies that it is not precluded, by any contract entered

5.6.2b into on or after June 28, 1979, from employing part-time drivers or contracting with common carriers of persons operating under a franchise or license. Claimant further certifies that no person who was a full-time employee on June 28, 1979, shall have his or her employment, excluding overtime, reduced as a result of it employing part-time drivers or contracting with those common carriers. (PUC Section 99314.5c)

STANDARD ASSURANCES FOR APPLICANTS

MTA
TDA
GUIDE
SECTION Initial

4. FIFTY PERCENT EXPENDITURE LIMITATION
Claimant filing a claim pursuant to PUC Section 99268.1 certifies

2.2.1 that it was in compliance with PUC Section 99268 during the 1978-79 fiscal year, and further certifies that it will remain in compliance with that section during the project year.

5. REVENUE RATIOS FOR OLDER OPERATORS
Claimant filing a claim pursuant to PUC Section 99268.2

2.2.2 certifies that it will maintain for the project year that ratio of fare revenues and local support to operating cost which was maintained during the 1978-79 fiscal year, and further assures for the project year that it reasonably anticipates achieving the ratio of fare revenues to operating cost at least equal to the ratio maintained in FY 1978-79, or (a) 20 percent if serving an urbanized area, and (b) 10 percent if serving a nonurbanized area, whichever is greater.

6. REVENUE RATIOS FOR NEWER URBANIZED AREA OPERATORS
Claimant filing a claim pursuant to PUC Section 99268.3 certifies

2.2.2 that it will maintain for the project year at least that ratio of fare revenues and local support to operating cost which was maintained during FY 1978-79 if that ratio was greater than 20 percent; claimant further assures, for the project year, that it reasonably anticipates achieving a ratio of fare revenues to operating cost equal to or greater than 20 percent for the project year.

7. REVENUE RATIOS FOR NEWER NON-URBANIZED AREA

OPERATORS

2.2.2 Claimant filing a claim pursuant to PUC Section 99268.4 certifies that it will maintain for the project year at least that ratio of fare revenues and local support to operating cost which was maintained during FY 1978-79 if that ratio was greater than 10 percent; claimant further assures, for the project year, that it reasonably anticipates achieving a ratio of fare revenues to operating cost equal to or greater than 10 percent.

8a. REVENUE RATIOS FOR EXCLUSIVE SERVICES TO

ELDERLY AND HANDICAPPED

2.2.3 Claimant filing a claim pursuant to PUC Section 99268.5 certifies that, for the purpose of the claim, it provides services using vehicles for the exclusive use of elderly and handicapped persons.

STANDARD ASSURANCES FOR APPLICANTS

MTA
TDA
GUIDE
SECTION Initial

8b. REVENUE RATIOS FOR PARATRANSIT SERVICES
Claimant filing a claim pursuant to PUC Section

2.2.3 99275.5c (Article 4.5) further certifies that, for the project year, it reasonably anticipates achieving the performance criteria, local match requirements, or fare recovery ratios adopted by MTA.

9. EXTENSION OF SERVICE
Claimant that received an allocation of Local Transportation

1.8.4 Funds for an extension of service pursuant to PUC Section 99268.8

2.2.5 certifies that it will file a report of these services pursuant to CAC Section 6633.8b within 90 days after the close of the fiscal year in which that allocation was granted.

10. RETIREMENT SERVICE
Claimant filing a claim pursuant to PUC Section 99260 certifies

2.1.7 that: (a) the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system; or (b) the operator is implementing a plan approved by the transportation planning agency which will fully fund the retirement system for such officers and employees within 40 years; or (c) the operator has a private pension plan which sets aside and invests, or on a current basis, funds sufficient to provide for the payment of future benefits, and which is fully compliant with the requirements stated in PUC Sections 99272 and 99273.

11a. USE OF FEDERAL FUNDS
Claimant filing a claim for TDA funds for capital intensive projects

2.2.1 pursuant to PUC Sec. 99268.7 certifies that it has made every

2.2.8 effort to obtain federal funding for any project which is funded pursuant to PUC Sec. 99268.7.

11b. Claimant qualifying for funds pursuant to PUC Sec. 99268.1 and filing a claim for TDA funds in excess of the amount allowed

2.2.1d under PUC Sec. 99268 certifies that such funds are required in order to obtain maximum federal operating funds in the year such funds are claimed, pursuant to PUC Sec. 99267.5 and CAC Sec. 6633.1.

STANDARD ASSURANCES FOR APPLICANTS

MTA
TDA
GUIDE
SECTION Initial

12. CHP CERTIFICATION
Claimant filing a claim for Local Transportation Funds has included

2.2.9 in the claim a certification completed within the last 13 months by the California Highway Patrol indicating compliance with Vehicle Code Section 1808.1, indicating that the operator has participated in a "pull notice system" to examine driver's records, as specified in PUC Sec. 99251.

13. STA EFFICIENCY STANDARDS*
Beginning in FY 1992, claimant filing a claim for State Transit Assistance Funds for operating purposes certifies that it has met the efficiency standards which limit cost per hour increases, pursuant to PUC Sec. 99314.6. This requirement is suspended until July 1, 2027.

14. REDUCED TRANSIT FARES
Claimants of TDA funds who offer reduced fares to senior citizens certify that: (a) The Federal Medicare Identification Card is sufficient identification to receive senior citizen reduced fares if such fares are available; and (b) A disabled person or disabled veteran identification card issued pursuant to subdivision (d) of Vehicle Code Sections 22511.5 or 22511.9 (whichever is applicable) is sufficient identification to receive disabled person reduced fares if such reduced fares are available.

*STA Claimants Only.

(Legal Name of Applicant/Claimant)

(Authorizing Signature)

(Print Name & Title)

CLAIM FORM

TDA CLAIM FORM
LTF PUBLIC TRANSPORTATION - ARTICLE 4

CLAIMANT:

CONTACT PERSON: TELEPHONE:

DATE: FISCAL YEAR: COUNTY STAFF: Los Angeles

PAYMENT RECIPIENT:

ADDRESS:

ATTENTION:
(Name and Title)

PURPOSE REQUESTED PAYMENT AND RESERVES AMOUNT

Article 4 1. Payment from FY Allocation -
PUC 99260(a) Operations $__________________

2. Amount placed in Capital Reserve from
current year allocation (Complete
Table 2) $__________________

3. Total FY 2027 funding mark (1+2) $__________________

Authorized Signature:
(Claimant's Chief Administrator or Finance Officer)

(Print name and title)

CONDITION OF APPROVAL:

Approval of this claim and payment by the County Auditor to this claimant are subject to funds being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim.

CLAIM FORM

STATE TRANSIT ASSISTANCE FUND
STA Regular
Pursuant to Sections 6730-6735 of the California Administrative Code

CLAIMANT:

CONTACT PERSON: TELEPHONE:

DATE: FISCAL YEAR: COUNTY LTF: Los Angeles

ADDRESS:

ATTENTION:
(Name and Title)

PURPOSE REQUESTED PAYMENT AND RESERVES AMOUNT

( ) CAC, Section 6730 (a) 1. Payment from Unallocated - Operations $___________________ ( ) CAC, Section 6730 (b)
( ) CAC, Section 6730 (c) 2. Amount placed in Capital ( ) CAC, Section 6731 (a) Reserve from current year ( ) CAC, Section 6731 (b) allocation $___________________ ( ) CAC, Section 6731 (c) (Complete Table 2)

3. Total for 1 & 2 = STA Regular Allocation $___________________

Authorized Signature:
(Claimant's Chief Administrator or Finance Officer)

(Print name and title)

CONDITION OF APPROVAL:

Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim and SCAG Allocation Instructions.

CLAIM FORM

STATE TRANSIT ASSISTANCE FUND
SB1 STA and SB1 STATE OF GOOD REPAIR
Pursuant to Sections 6730-6735 of the California Administrative Code

CLAIMANT:

CONTACT PERSON: TELEPHONE:

DATE: FISCAL YEAR: COUNTY LTF: Los Angeles

ADDRESS:

ATTENTION:
(Name and Title)

PURPOSE REQUESTED PAYMENT AND RESERVES AMOUNT

( ) CAC, Section 6730 (a) 1. Payment from SB1 STA Funds Operations $_________________
( ) CAC, Section 6730 (b)
( ) CAC, Section 6730 (c) 2. Amount placed in Capital ( ) CAC, Section 6731 (a) Reserve from current year ( ) CAC, Section 6731 (b) allocation (SB1 STA Funds) $__________________ ( ) CAC, Section 6731 (c) (Complete Table 2)

3. Total for 1 & 2 = SB1 STA Allocation $__________________

4. SB1 SGR Capital Funds $__________________ (Complete Table 2)

5. Total for 1, 2, 3 & 4 = SB1 STA/SGR
Allocation $__________________

Authorized Signature:
(Claimant's Chief Administrator or Finance Officer)

(Print name and title)

CONDITION OF APPROVAL:

Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim and SCAG Allocation Instructions.

Table L-1 (A)

HISTORICAL AND PROJECTED FINANCIAL STATUS

SOURCE AND APPLICATION OF CAPITAL FUNDS
BY YEAR OF EXPENDITURE ($ 000)
MODE:

SOURCE OF CAPITAL FUNDS: 2025 2026 2027
Audited Actual Planned

FEDERAL CAPITAL GRANTS
FTA Sec. 5309 (Sec. 3)
FAU Grants
FTA Sec. 5307(Sec. 9)
Other Federal (Assume 80/20 match) (Specify source)

STATE CAPITAL GRANTS AND SUBVENTIONS
TDA (ART 4) current from unallocated
TDA from prior years reserves
TDA (ART 8)
STA current from unallocated
STA from prior years reserve
SB1 SGR
Other State (Specify)

LOCAL CAPITAL GRANTS
System Generated
General Fund
Prop. A Local Return
Prop. A Discretionary Carry Over
Prop. C Discretionary
Prop. C Local Return
Prop. C 5% Security
Measure R Clean Fuel Bus Capital
Measure R 15% Local Return
Prop 1B PTMISEA Bridge Funds
Prop 1B Transit Security Bridge Funds
Other Local (Specify)

TOTAL CAPITAL REVENUE

TOTAL CAPITAL EXPENSES

Table L-1 (B)

HISTORICAL AND PROJECTED FINANCIAL STATUS

SOURCE AND APPLICATION OF OPERATING FUNDS
BY YEAR OF EXPENDITURE ($ 000)

SOURCE OF OPERATING FUNDS: 2025 2026 2027
Audited Actual Planned

FEDERAL CASH GRANTS AND REIMBURSEMENTS
FTA Sec. 5307 (Sec. 9) Operating
CMAQ (Operating)

STATE CASH GRANTS AND REIMBURSEMENTS
TDA Current from unallocated
STA Current from unallocated
Other State (Specify)

LOCAL CASH GRANTS AND REIMBURSEMENTS
Passenger Fares
Special Transit Service
Charter Service Revenues
Auxiliary Transportation Revenues
Non-transportation Revenues
Prop. A %40 Discretionary
Prop. A %25 Local Return
Prop. A Incentive fund
Prop. A Interest
BSIP
TSE
Base
MOSIP
Prop. C %40 Discretionary
Prop. C %20 Local Return
Prop. C %5 Security
Prop. C Other (Interest)
Other Local (Specify)

TOTAL OPERATING REVENUES

TOTAL OPERATING EXPENSES

TABLE 2
TDA

Total Capital Funds Reserved
for Future Payment (Total A & B):$___________________

(A) ( B )

PROJECT ANTICIPATED ANTICIPATED

DESCRIPTION EXPENDITURE EXPENDITURE
FY 2028 FUTURE YEARS

TABLE 2(B)
STA

Total Capital Funds Reserved
for Future Payment: $_________________________________

PROJECT ( A ) ( B )

ANTICIPATED EXPENDITURE

DESCRIPTION EXPENDITURE FUTURE YEARS
FY 2028

TABLE 2(C)
SB1 STA/SGR

Total Capital Funds Reserved
for Future Payment: $_________________________________

PROJECT ( A ) ( B )

ANTICIPATED EXPENDITURE

DESCRIPTION EXPENDITURE FUTURE YEARS
FY 2028

RESOLUTION NO. 26-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING THE FINANCE

DIRECTOR TO SUBMIT A CLAIM FORM FOR FUNDING PROVIDED BY

THE STATE TRANSPORTATION DEVELOPMENT ACT FUNDS FOR

LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT
ASSISTANCE FUNDS FOR FISCAL YEAR 2026-2027

RECITALS

WHEREAS, the City of Montebello (“City”), by and through the Montebello Bus Lines (“MBL” or the “Transportation Department”), is committed to providing productive and quality service on all of its transit routes; and

WHEREAS, the Transportation Development Act (TDA) of 1971 provides for a significant source of funding for public transportation in the Local Transportation Fund (LTF); and

WHEREAS, MBL is eligible to claim these funds pursuant to Article 4, Section 99260(a) of the Public Utilities Code; and

WHEREAS, the State Transit Assistance Fund (STA) provides a source of funding for public transportation from the TDA of 1971; and

WHEREAS, MBL is eligible to claim these STA funds pursuant to Article 4, Section 6730(a) and (b) of the California Code of Regulations; and

WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) requires an annual claim to be submitted by local agencies in order to allocate these funds; and

WHEREAS, the City’s portion of the LTF funds allocated for MBL use is $9,509,139 for Fiscal Year 2026-2027; and

WHEREAS, the City’s portion of the STA funds allocated for MBL use is $1,344,066.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

THE FINANCE DIRECTOR, AS THE CITY’S CHIEF FINANCIAL OFFICER, IS

GRANTED THE AUTHORITY TO SUBMIT A CLAIM FORM UNDER THE LOCAL TRANSPORTATION FUNDS AND THE STATE TRANSIT ASSISTANCE FUND.

RESOLUTION NO. 26-64

SECTION 1. APPROVALS AND CERTIFICATIONS

1. That these LTF and STA funds shall be used to assist the City of Montebello’s Transportation Department in its ongoing operations and continuance to provide the most efficient service.

SECTION 2. That the City’s Director of Finance, or his/her designee, is authorized to furnish Metro with the required claim forms and take any additional action(s) necessary to effectuate the purpose of this Resolution.

SECTION 3. That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, Arnold M. Alvarez-Glasman, City Attorney City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-64 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 23 rd day of September 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 26-64

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez,
City Clerk

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Director of Transportation

SUBJECT: ADOPT RESOLUTION NO. 26-66 AUTHORIZING THE CITY MANAGER

TO EXECUTE ALL REQUIRED DOCUMENTS TO OBTAIN FUNDS
PROVIDED BY SENATE BILL 1

DATE: September 23, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 26-66 authorizing the City Manager to execute all documents required to obtain funds provided by Senate Bill 1 (SB1); and

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

FISCAL IMPACT:

The Senate Bill 1–Road Repair and Accountability Act of 2017 (SB1/RMRA) provides funding of approximately $105 million annually to transit operators in California under the State of Good Repair (SGR) Program. These funds are made available for eligible transit maintenance, rehabilitation, and capital projects. The City of Montebello will utilize its Fiscal Year 2026-27 allocation of SGR funds ($505,078) for the local non-Federal match to replace up to ten (10) 40 ft Compressed Natural Gas (CNG) transit buses.

In addition, an allocation of $1,011,631 in State Transit Assistance (STA) funds for FY 2026-27 are available for operating and capital purposes. STA funds are available to transit operators through a statewide excise tax imposed on diesel fuel. These funds are included in the FY 2026-27 adopted operating budget (Fund 202: Transit – State of Good Repair [STA/SGR]).

These funds are in addition to and separate from the $1.765 million in SB1/RMRA funds the City receives for non-Transit related projects. This other tranche of SB1/RMRA funds

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 23, 2026

(recorded in Fund 201) are used for various street and road rehabilitation projects. The spending plan for these funds is allocated in the FY 2026-27 capital improvement program (CIP) budget.

BACKGROUND/DISCUSSION:

The City operates Montebello Bus Lines (MBL) to provide fixed-route service to the cities of Alhambra, Bell Gardens, Commerce, Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, San Marino, South Gate, and Whittier on a yearly basis.

Therefore, a consistent need exists to maintain access to available funding opportunities for the continued delivery of transportation services to the City and surrounding communities.

On April 28, 2017, the Governor signed the Road Repair and Accountability Act of 2017, SB1 (Chapter 5, Statues of 2017). SB1 provides additional revenue funding, through SGR and STA, to transit operators for eligible transit maintenance, rehabilitation, and capital projects. This funding is in addition to the $1.765 million the City is forecasted to receive in SB 1 revenue earmarked for road repair and maintenance work, and other related projects.

SB1 named the California Department of Transportation (CalTrans) as the administrative agency responsible for these funds and emphasized the importance of accountability and transparency in the delivery of California’s transportation programs. To be eligible for SGR funding, local agencies must comply with various regulations and reporting requirements. The Los Angeles Country Metropolitan Transportation Authority (Metro) is the local planning agency designated to administer the distribution of these funds to transit agencies in Los Angeles County. If the City agrees to the conditions and requirements set forth in the Certification and Assurances document and all applicable statutes, regulations, and guidelines, the City becomes eligible to receive STA funding from the SGR Account for transit projects.

In June 2026, Metro adopted the SB1-STA/SGR allocations (Attachment A) for FY 2026-

27. To obtain the City’s allocated funds, staff are required to identify specific projects that will be associated with SGR and STA funds. These projects are as follows:

In November 2017, SB1 also imposed an additional twenty (20) cent statewide excise tax on diesel fuel, which is revenue the City is eligible to receive through the STA. These revenues are programmed through the State’s STA account for FY 2026-27. The City intends to use its share of STA unding ($1,011,631) for capital and operating expenses as follows:

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 23, 2026

To ensure the City can continually access SGR and STA funding, staff recommend the City Council approve submitting the Authorized Agents Form and Certifications and Assurances Form (Attachment B) to Caltrans. In addition, staff recommend that the City Council consider approving the aforesaid list of projects identified for SGR and STA funding by and through Resolution No. 26-66 (Attachment C), in accordance with SB1 regulations and reporting requirements.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council adopt Resolution No. 26-66, authorizing the City Manager to execute all required documents to obtain funds provided by SB1, through the CalTrans SGR Program and STA accounts; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – FY 2027 Transit Fund Allocations

2. Attachment B – Authorized Agent & Certifications and Assurances Forms

3. Attachment C – Resolution No. 26-66

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
Division of Rail and Mass Transportation
State Transit Assistance State of Good Repair Program
Authorized Agent Form
Authorized Agent
The following individual(s) are hereby authorized to execute for and on behalf of the named Regional Entity/Transit Operator, and to take any actions necessary for the purpose of obtaining State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid at the beginning of Fiscal Year 2026-2027 until the end of the State of Good Repair Program. If there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. __________________________________________________________________ OR
(Name and Title of Authorized Agent)
__________________________________________________________________ OR
(Name and Title of A
uthorized Agent)
__________________________________________________________________ . (Name and Title of A
uthorized Agent)
AS THE __________________________________________________ (Chief Executive Officer / Director / President / Secretary) OF THE __________________________________________________ (Name of County/City Organization)
_____________
_________________________________________________ _________________________________________ (Print Name) (Title)
__________________________________________
(Signature)
Approved this ______________day of _________________, 20_____ FY 26-27 SB 1 STA State of Good Repair
Raul Alvarez, City Manager
John Soria, Director of Transportation
City Manager
City of Montebello
Raul Alvarez
City Manager
23rd
September
26

City of Montebello

State Transit Assistance State of Good Repair Program
Rec
ipient Certifications and Assurances
. Recipient:

Effective Date: September 23, 2026 .

In order to receive State of Good Repair Program (SGR) funds from the California De
partment of Transportation (Department), recipients must agree to following terms and conditions:

A. General
(1) Th
e recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time.
(2) Th
e potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project.. (3) Th
e recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent.

B. Pro
ject Administration
(1) Th
e recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code § 21100 and § 21150. (2) Th
e recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements.
(3) Th
e recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project.

City of Montebello

City of Montebello

(4
) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list.
(5
) Recipient agrees to notify the Department immediately if litigation is filed or disputes arise after submission of the annual project list and to notify the Department of any negative audit findings related to any project using SGR funds. (6
) The recipient must maintain satisfactory continuing control over the use of project equipment and/or facilities and will adequately maintain project equipment and/or facilities for the estimated useful life of each project. (7
) Any and all interest the recipient earns on SGR funds must be reported to the Department and may only be used on approved SGR projects or returned to the Department.
(8
) The recipient must notify the Department of any proposed changes to an approved project list by submitting an amended project list.
(9
) Funds will be expended in a timely manner.

C. R
eporting
(1)
Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the following SGR reports:
a. A
nnual Expenditure Reports within six months of the close of the fiscal year (by December 31st) of each year.
b. T
he annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of SGR funds. A copy of the audit report must be submitted to the Department within six months of the close of each fiscal year in which SGR funds have been received or expended.

D. C
ost Principles
(1
) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(2
) The recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) those parties shall

City of Montebello

c
omply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(3
) Any project cost for which the recipient has received payment that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment by the recipient to the State of California (State). Should the recipient fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the recipient from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

E. R
ecord Retention
(1
) The recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project.

The accounting system of the recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of the recipient, its contractors and subcontractors connected with SGR funding shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the recipient, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the recipient’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.
(2
) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the recipient’s contracts with third parties pursuant to Government Code § 8546.7, the recipient, its contractors and subcontractors and the Department shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a

City of Montebello

projec
t for audits, examinations, excerpts, and transactions, and the recipient shall furnish copies thereof if requested.
(3) The r
ecipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Specia
l Situations
(1) Recip
ient acknowledges that if a project list is not submitted timely, the recipient forfeits its apportionment for that fiscal year.
(2) Rec
ipients with delinquent expenditure reports may risk future eligibility for future SGR funding.
(3) Recip
ient acknowledges that the Department shall have the right to perform an audit and/or request detailed project information of the recipient’s SGR funded projects at the Department’s discretion from SGR award through 3 years after the completion and final billing of any SGR funded project.. Recipient agrees to provide any requested project information.

I certify all of these conditions will be met.

CITY OF MONTEBELLO
BY:

Raul Alvarez, City Manager

City of Montebello

AT

TACHMENT I
(INSERT Agency Board Resolution approving this document)

ATTACHMENT C
RESOLUTION NO. 26-66

RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1

RECITALS

WHEREAS, the City of Montebello (City) is an eligible project sponsor and may receive State Transit Assistance (STA) funding from the State of Good Repair (SGR) account for future transit projects; and

WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (hereinafter the “Department”) as the administrative agency for the SGR; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies); and
WHEREAS, the Montebello City Council has reviewed and approved a list of projects for funding under this program; and
WHEREAS, the City agrees to comply with all conditions and requirements set forth in the Certification and Assurances document as identified in Attachment B; and WHEREAS, the City of Montebello wishes to delegate authorization to execute required documents and any amendments thereto the City Manager and appointed designee; and
WHEREAS, the City’s Fiscal Year 2026-2027 allocated SB1 SGR funds for MBL use is $505,078; and
WHEREAS, the City’s Fiscal Year 2026-2027 allocated SB1 STA funds for MBL to use is $1,011,631.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

APPROVES THE AUTHORIZATION OF THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1 (SB1); AND

SECTION 1: Approvals and Certifications.

1. Certifies that the City Manager and appointed designee be authorized to execute all required documents of the SGR and any amendments thereto with the California Department of Transportation; and

RESOLUTION NO. 26-66

2. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines for all SGR funded transit projects; and

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, Arnold M. Alvarez-Glasman, City Attorney City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-66 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 23rd day of September 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez,
City Clerk

ITEM # 16

APPROVAL OF MINUTES: SEPTEMBER 9, 2026, CITY COUNCIL MEETING

DRAFT

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES

WEDNESDAY, SEPTEMBER 9, 2026 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

Mayor Tamayo called the meeting to order at 6:01 p.m.

ROLL CALL

Members present were Mayor Tamayo, Mayor Pro Tem Romero, Councilmember Peralta, Councilmember Alonzo, and Councilmember Melendez City Clerk Jimenez and City Treasurer Matanga were also present.

City Attorney Noel Tapia, City Manager Raul Alvarez, Assistant City Manager Angelica Palmeros, Management Analyst Samantha Nevarez, and Department Directors Kimberly Guillen, Michael Solorza, Joseph Palombi, John Soria, David Sosnowski, Cesar Roldan, Fire Chief Pelaez, and Police Chief Lopez were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Noel Tapia announ
ced the Closed Session Item.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

None.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

Mayor Tamayo recessed t
he meeting into Closed Session at 6:03 p.m. to consider the following Closed Session Item:

1. CALIFORNIA STATE AUDIT UPDATE
Government Code Section 54956.75

DRAFT
September 9, 2026: City Council Meeting Minutes Page 2 of 6

REGULAR SESSION - 7:00 P.M.

CLOSED SESSION REPORT

Mayor Tamayo reconvened the meeting at 7:10 p.m.

All five members were present to discuss all Closed Session items. City Manager Alvarez provided the following report to City Council: Item No. 1: A briefing was provided to City Council; no action was taken, and there was nothing further to report.

INVOCATION

Led by City Treasurer Matanga.

PLEDGE OF ALLEGIANCE

Led by Fire Chief Pelaez.

CORRECTIONS TO THE AGENDA - CITY MANAGER

City Manager Alvarez anno
unced that Item No. 6 would be moved to a future meeting.

CEREMONIAL ITEMS/PRESENTATIONS

2. PROCLAMATION FOR NATIONAL HISPANIC HERITAGE MONTH
Presented by Mayor Tamayo.

3. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH
Presented by Mayor Tamayo.

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

The City Clerk’s Office acknowledged six(6) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

City Manager Alvarez anno
unced the upcoming special events:
• September 11 Remembrance Ceremony at City Hall
• Poplar Avenue Ribbon Cutting Ceremony on September 12 • Montebello Classic Car Show on September 12

REGULAR BUSINESS - NONE

DRAFT
September 9, 2026: City Council Meeting Minutes Page 3 of 6

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

Members
of the public pulled Item Nos. 5, 8, 9, and 10 for discussion.

Councilmember Alonzo pulled Item No. 10.

Mayor Tamayo pulled Item No. 10.

City Manager Alvarez pulled Item No. 5 for a correction.

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve Item Nos. 4, 6, 7, 11, and 12; the motion was approved unanimously.

4. ACCEPTANCE OF CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Chet Holifield Community Garden Project (CP 945) as completed by Voltaire Engineering, Inc.; and

2. Approve the final contract amount with Voltaire Engineering, Inc. for the Chet Holifield Community Garden Project (CP 945) in the amount of $377,165; and

3. Approve the Final Total Project Budget (Attachment A); and

4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and

5. Authorize the release of the retention payment of $18,858 due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

5. ADOPT SPECIFICATIONS FOR CONSTRUCTION OF LINCOLN STREET REHABILITATION (WILCOX AVENUE TO 18TH STREET) PROJECT AND FISCAL YEAR 2026-27 SB 1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT — CP 946 AND CP 951 AND PROCEED WITH BID ADVERTISEMENT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and

2. Adopt construction specifications for Lincoln Street Rehabilitation (Wilcox Avenue to 18th Street) Project (CP 946) and FY 2026-27 SB 1 Rubberized Asphalt Street Enhancement Project (CP 951); and

3. Authorize staff to proceed with bid advertisement for construction; and

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

City Manager Alvarez announced the following corrections for Item No. 5:

Street Names From To
Hibiscus Street Avenida De La Merced End
North 3rd Street Oakmont Drive Wemar Drive
2nd Street West Los Amigos Avenue Avenida De La Merced

DRAFT
September 9, 2026: City Council Meeting Minutes Page 4 of 6

The City Clerk’s Office acknowledged two(2) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council, and speaker cards are on file at the City Clerk’s office.

Councilmember Peralta motioned, seconded by Councilmember Alonzo, to approve the item; the motion was approved unanimously.

6. APPROVE ISSUING AUTO BODY REPAIR AND PAINTING SERVICES REQUEST FOR PROPOSALS (RFP) NO. 27-01

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing Auto Body Repair and Painting Services Request for Proposals (RFP) No. 27-01; and

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

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

7. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4523 WITH ALL-AMERICAN LEADERSHIP, LLC TO

ADD AN ADDITIONAL TRAINING DAY AND INCREASE THE MAXIMUM COMPENSATION

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4523 with All-American Leadership, LLC to add one additional training day under the Leadership and Culture Foundations Program and increase the maximum compensation by $12,500, for a new total amount not to exceed $62,450; and

2. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 4523 with All-American Leadership, LLC; and

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

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

8. ADOPT RESOLUTION NO. 26-58 AUTHORIZING THE CITY OF MONTEBELLO TO APPLY FOR FEDERAL

TRANSIT ADMINISTRATION FUNDING UNDER THE GRANTS FOR BUSES AND BUS FACILITIES

INFRASTRUCTURE PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-58 authorizing the City of Montebello to apply for Federal Transit Administration (FTA) funding under the Grants for Buses and Bus Facilities Infrastructure Programs (Bus and Facilities Grant), in the amount of $9,155,140, to procure up to ten (10) Compressed Natural Gas (CNG) buses and upgrade the CNG Fueling Dispenser for Montebello Bus Lines (MBL); and

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

The City
Clerk’s Office acknowledged two(2) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion was approved unanimously.

9. ADOPT RESOLUTION NO. 26-63 APPROVING A PROPOSITION A LOCAL RETURN FUND EXCHANGE

AGREEMENT BETWEEN MONTEBELLO BUS LINES AND THE CITY OF MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-63 approving a Proposition A Local Return Fund Exchange between Montebello Bus Lines (MBL) and the City of Montebello; and

2. Amend the Fiscal Year 2026-27 adopted operating budget by increasing appropriations by $2,750,000 in Account No. 210-99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,925,000 in Account No. 600-99-7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund); and

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

DRAFT
September 9, 2026: City Council Meeting Minutes Page 5 of 6

Councilmember Melendez motioned, seconded by Councilmember Alonzo, to approve the item; the motion was approved unanimously.

10. ADOPT RESOLUTION NO. 26-65 IMPLEMENTING THE COURT ORDER APPROVING THE JACMAR

PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Resolution confirming and implementing the Superior Court’s Order dated July 16, 2026, approving Molinari’s application to build 15 single-family residences at 301 Jacmar Drive, Montebello (“Project”) pursuant to the California Housing Accountability Act (“HAA”);and

2. Pursuant to Montebello Municipal Code Section 17.78.130, the City Council refers this item back to the Planning Commission; and

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

Mayor Tamayo recused herself from the discussion
of the item.

Councilmember Alonzo stated that he stood by his decision to deny the project; however, now that the City has received a court order requiring the project to move forward, he hopes the public understands the circumstances.

The City Clerk’s Office acknowledged five(5) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council, and said speaker cards are on file at the City Clerk’s office.

Councilmember Alonzo motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

11. APPROVAL OF MINUTES: AUGUST 26, 2026, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

12. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-62 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 09, 2026.

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-62 approving the Warrant Register dated September 09, 2026.

Mayor Pro Tem Romero motioned, seconded by Councilmember Peralta, to approve the item; the motion was approved unanimously.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

Councilmember
Melendez, Councilmember Peralta, and Mayor Tamayo attended the California Contract Cities Annual Summit.

COUNCI

L/AGENCY ORALS
Announcements and req
uests for future agenda items.

• Ric Alonzo, Councilmember

DRAFT
September 9, 2026: City Council Meeting Minutes Page 6 of 6

• Danielle Romero, Mayor Pro Tem

• Scarlet Peralta, Councilmember

• Salvador Melendez, Councilmember

• Georgina Tamayo, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 23, 2026, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, September 6, 2026, no later than 6:00 p.m.

Kimberly Guillen, Director of City Clerk Services

Mayor Tamayo adjourned the City Council Meeting at 8:16 p.m.

THE MINUTES OF SEPTEMBER 9, 2026, ARE HEREBY APPROVED AND ADOPTED ON THIS 23RD DAY OF SEPTEMBER 2026.

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

• CITY OF MONTEBELLO FORECASTED AGENDA

ITEM # 17

PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-68 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 23, 2026

RESOLUTION NO 26-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That the reference is hereby made to that certain Reg ister of Audited Demand No.1617, consisting of 6 pages, and including:

Warrant No.

General: Check No. 612223 through 612342
ACH No. 11937 through 12001

On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.

______________________________

______________________________

______________________________

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED ON THIS 23rd OF SEPTEMBER 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST: APPROVED AS TO FORM:

_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 26-68

• Exhibit A – Warrant Register

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No. 26-68 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 23rd day of September 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full, and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE: __
Christopher Jimenez, City Clerk

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
11937 07/31/2026 $25.00 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 11938 07/31/2026 $55.98 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 11939 07/31/2026 $548.41 FUEL 3163 BANK OF AMERICA
11940 07/31/2026 $793.32 PERMITS AND FEES 3163 BANK OF AMERICA 11941 07/31/2026 $1,314.04 SUPPLIES 3163 BANK OF AMERICA 11942 07/31/2026 $103.07 SUPPLIES 3163 BANK OF AMERICA
11943 09/03/2026 $13,530.97 ADVERTISING/PRINTING SERVICES 2689 ACRO PRINTING INC 11944 09/03/2026 $1,109.42 SUPPLIES 41790 ADLERHORST INTERNATIONAL LLC 11945 09/03/2026 $2,111.39 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 11946 09/03/2026 $141,226.74 CONTRACT SERVICES 3016 ANTARES GOLF LLC 11947 09/03/2026 $501,382.20 IMPROVEMENTS OTHER THAN BUILDING - PAVING THE WAY 2239 CEM CONSTRUCTION CORP 11948 09/03/2026 $83.50 CONTRACT SERVICES 5005 CLARISSA CERDA 11949 09/03/2026 $8,400.00 CONTRACT SERVICES 5253 CLIFTONLARSONALLEN LLP 11950 09/03/2026 $7,694.78 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 11951 09/03/2026 $13,495.14 VEHICLE MAINTENANCE/EXPENSES 4245 FIRE APPARATUS SOLUTIONS 11952 09/03/2026 $5,871.20 CONTRACT SERVICES 371 FLO-SERVICES INC 11953 09/03/2026 $4,879.89 SUPPLIES 2059 HASA INC
11954 09/03/2026 $4,624.19 CONTRACT SERVICES 46870 HDL COREN & CONE 11955 09/03/2026 $150.23 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 11956 09/03/2026 $16,193.68 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 11957 09/03/2026 $47,902.85 CONTRACT SERVICES 15070 LEXIPOL LLC 11958 09/03/2026 $16,780.20 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 11959 09/03/2026 $23,534.74 SUPPLIES 26670 LIFE-ASSIST INC 11960 09/03/2026 $574.75 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 11961 09/03/2026 $450.60 CONTRACT SERVICES 53120 NATIONAL CONSTRUCTION RENTALS 11962 09/03/2026 $7,959.60 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 11963 09/03/2026 $87.85 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 11964 09/03/2026 $813.41 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 11965 09/03/2026 $166.59 TRAINING 2287 STACEY SMITH
11966 09/03/2026 $450.00 EDUCATION REIMBURSEMENT 4779 NICHOLAS SWAVING 11967 09/03/2026 $20,833.33 MISCELLANEOUS EXPENSE 4761 TREND SPORTS II LLC 11968 09/03/2026 $206,063.94 CONTRACT SERVICES 4841 VOLTAIRE ENGINEERING INC 11969 09/03/2026 $1,417.37 SUPPLIES 19070 WALTERS WHOLESALE ELECTRIC CO 11970 09/03/2026 $8,036.04 SUPPLIES 3088 WAXIE SANITARY SUPPLY City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
1

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
11971 09/03/2026 $73,325.14 CONTRACT SERVICES 3731 YUNEX LLC 11972 09/04/2026 $938.00 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 11973 09/04/2026 $1,995.52 FRINGE BENEFITS 58990 VISION SERVICE PLAN 11974 09/04/2026 $380.00 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 11975 08/04/2026 $703,062.57 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 11976 09/04/2026 $4.00 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 11977 09/04/2026 $2,453.49 RETIREMENT 58990 VISION SERVICE PLAN 11978 09/10/2026 $2,400.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 11979 09/10/2026 $2,611.09 CONTRACT SERVICES 3333 A & A FLEET PAINTING INC 11980 09/10/2026 $6,124.90 ADVERTISING/PRINTING SERVICES 2689 ACRO PRINTING INC 11981 09/10/2026 $1,868.75 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 11982 09/10/2026 $94.91 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 11983 09/10/2026 $226.43 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 11984 09/10/2026 $500.00 MACHINERY & EQUIPMENTS 72 COGRAN SYSTEMS LLC 11985 09/10/2026 $18,360.00 MACHINERY & EQUIPMENTS 3784 CPACINC.COM 11986 09/10/2026 $480.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 11987 09/10/2026 $1,134.44 CONTRACT SERVICES 3982 EVERNORTH CARE SOLUTIONS, INC. 11988 09/10/2026 $2,680.92 SUPPLIES 2059 HASA INC
11989 09/10/2026 $3,481.46 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 11990 09/10/2026 $1,640.78 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 11991 09/10/2026 $14,400.00 MACHINERY & EQUIPMENTS 15070 LEXIPOL LLC 11992 09/10/2026 $52,547.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 11993 09/10/2026 $4,828.21 CONTRACT SERVICES 3365 MOHAWK FACTORING LLC 11994 09/10/2026 $575.00 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 11995 09/10/2026 $133,864.26 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 11996 09/10/2026 $2,437.63 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 11997 09/10/2026 $2,477.44 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 11998 09/10/2026 $44.30 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 11999 09/10/2026 $625.00 RETIREMENT 27300 ROBERT C TUFANO 12000 09/10/2026 $383.19 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 12001 09/10/2026 $336.58 SUPPLIES 19070 WALTERS WHOLESALE ELECTRIC CO ACH TOTAL $2,094,945.43
612223 09/03/2026 $231,979.79 IMPROVEMENTS OTHER THAN BUILDING - PAVING THE WAY 2239 CEM CONSTRUCTION CORP & CALMEX 612224 09/03/2026 $20,717.16 CONTRACT SERVICES 4686 A.O. REED & CO LLC 2

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
612225 09/03/2026 $500.00 DUES & SUBSCRIPTIONS 49280 AREA E FIRE CHIEFS ASSOCIATION 612226 09/03/2026 $746.28 ADVERTISING/PRINTING SERVICES 5473 ARETE DIGITAL IMAGING DBA CARWRAPS.COM 612227 09/03/2026 $218.31 UTILITY SERVICES 39550 AT&T
612228 09/03/2026 $170.00 CONTRACT SERVICES 5138 AT&T MOBILITY NATIONAL ACCOUNTS, LLC 612229 09/03/2026 $4,011.01 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 612230 09/03/2026 $800.00 CONTRACT SERVICES 3444 BRYAN M RAMIREZ 612231 09/03/2026 $606.43 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 612232 09/03/2026 $150.00 CONTRACT SERVICES 5374 CONCENTRA MEDICAL CENTERS 612233 09/03/2026 $602.50 SUPPLIES 4694 CRISTINA GARCIA 612234 09/03/2026 $12,782.50 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 612235 09/03/2026 $8,370.00 SUPPLIES 4938 DODGER TICKETS LLC 612236 09/03/2026 $18,785.00 CONTRACT SERVICES 4956 E GALLO INC 612237 09/03/2026 $1,546.66 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 612238 09/03/2026 $72,149.30 ADVERTISING/PRINTING SERVICES 1348 THE ARTCRAFT GROUP INC 612239 09/03/2026 $3,915.22 UNIFORM EXPENSE 55650 GALLS LLC 612240 09/03/2026 $20,167.50 CONTRACT SERVICES 5365 HANSON BRIDGETT, LLP 612241 09/03/2026 $3,692.30 CONTRACT SERVICES 48120 HINDERLITER DE LLAMAS & ASSOCIATES 612242 09/03/2026 $13,814.25 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 612243 09/03/2026 $102,182.60 CONTRACT SERVICES 5021 J&S STRIPING COMPANY, INC. 612244 09/03/2026 $4,900.00 CONTRACT SERVICES 5541 KABC-AM CUMULUS MEDIA - LOS ANGELES 612245 09/03/2026 $5,554.10 CONTRACT SERVICES 5432 RON LAWRENCE & ASSOCIATES, LLC 612246 09/03/2026 $8,167.14 MACHINERY & EQUIPMENTS 40400 COPLOGIC INC 612247 09/03/2026 $7,529.22 CONTRACT SERVICES 4355 LM INVESTIGATIONS LLC 612248 09/03/2026 $521.40 CONTRACT SERVICES 3035 LA COUNTY SHERIFF'S DEPARTMENT 612249 09/03/2026 $34,038.18 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 612250 09/03/2026 $8,000.00 SPONORSHIPS 3134 LOS ANGELES COUNTY ECONOMIC DEVELOPMENT 612251 09/03/2026 $2,220.00 PERMITS AND FEES 56850 LOS ANGELES COUNTY FIRE DEPARTMENT 612252 09/03/2026 $556.00 CONTRACT SERVICES 41180 MANUEL NUNEZ 612253 09/03/2026 $841.50 CONTRACT SERVICES 40850 MARIA E CASAS 612254 09/03/2026 $345.78 CONTRACT SERVICES 5305 MOBILE MODULAR PORTABLE STORAGE 612255 09/03/2026 $70.00 POLICE RELATED FEES 5579 DIANE MELENDREZ 612256 09/03/2026 $7,125.00 CONTRACT SERVICES 5543 MISSIONCIT,LLC 612257 09/03/2026 $71.74 SUPPLIES 5204 MONTEBELLO ACE HARDWARE 612258 09/03/2026 $1,337.26 SUPPLIES 15620 OFFICE DEPOT INC 612259 09/03/2026 $1,456.86 CONTRACT SERVICES 1597 PACIFIC COAST ELEVATOR CORP DBA: AMTECH ELEVATOR SERVICES 612260 09/03/2026 $4,990.00 CONTRACT SERVICES 4266 PARENT FAMILY ENGAGEMENT AND COMMUNITY SERVICES IN 3

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
612261 09/03/2026 $389.76 VEHICLE MAINTENANCE/EXPENSES 5221 PARTS AUTHORITY LLC 612262 09/03/2026 $350.00 CONTRACT SERVICES 5574 PAUL CATHERS 612263 09/03/2026 $12,041.22 MACHINERY & EQUIPMENTS 1720 PLANETBIDS, LLC 612264 09/03/2026 $3,270.08 LEASE PAYMENT 2357 PNC BANK NATIONAL ASSOCIATION 612265 09/03/2026 $1,003.00 CONTRACT SERVICES 4402 PREMIER WALL SYSTEMS INC 612266 09/03/2026 $687.50 GENERAL GOVERNMENT 5577 LUIS RAMOS 612267 09/03/2026 $12,882.26 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 612268 09/03/2026 $463.98 CONTRACT SERVICES 830 SERVPRO OF DOWNEY 612269 09/03/2026 $663.02 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 612270 09/03/2026 $10,969.77 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 612271 09/03/2026 $558.59 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 612272 09/03/2026 $1,720.47 CONTRACT SERVICES 3397 STERICYCLE INC 612273 09/03/2026 $250.00 GENERAL GOVERNMENT 5576 YURIDIA SUNSIN 612274 09/03/2026 $1,425.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 612275 09/03/2026 $1,350.00 EDUCATION REIMBURSEMENT 5284 VICTOR TRAN 612276 09/03/2026 $802.75 MACHINERY & EQUIPMENTS 387 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS INC 612277 09/03/2026 $115,709.11 MACHINERY & EQUIPMENTS 1188 TYLER TECHNOLOGIES INC 612278 09/03/2026 $696.55 UTILITY SERVICES 23610 VERIZON WIRELESS 612279 09/03/2026 $58.54 CONTRACT SERVICES 4593 VESTIS GROUP INC 612280 09/03/2026 $4,250.95 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 612281 09/03/2026 $854.99 SUPPLIES 33390 WHITTIER FERTILIZER COMPANY 612282 09/03/2026 $144.43 TRAVEL & MEETINGS 4594 RAUL ALVAREZ 612283 09/03/2026 $233.50 SUPPLIES 5395 MARCOS MIRANDA
612284 09/10/2026 $6,225.00 CONTRACT SERVICES 1674 1st JON INC 612285 09/10/2026 $1,892.81 CONTRACT SERVICES 4686 A.O. REED & CO LLC 612286 09/10/2026 $4,166.66 CONTRACT SERVICES 3557 ADVOCATE INC 612287 09/10/2026 $396.38 UTILITY SERVICES 39550 AT&T
612288 09/10/2026 $4.46 UTILITY SERVICES 39550 AT&T
612289 09/10/2026 $55.00 UTILITY SERVICES 1732 AT&T CORP 612290 09/10/2026 $7,978.85 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 612291 09/10/2026 $20,425.00 CONTRACT SERVICES 4312 BURKE, WILLIAMS & SORENSEN, LLP 612292 09/10/2026 $382.42 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 612293 09/10/2026 $200.00 CONTRACT SERVICES 5152 CARLOS I CARBAJAL 612294 09/10/2026 $25.00 MISCELLANEOUS EXPENSE 5578 REYNA CASAS 612295 09/10/2026 $8,306.92 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 612296 09/10/2026 $814.10 SUPPLIES 36870 CINTAS CORPORATION NO 3 4

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
612297 09/10/2026 $86.48 SUPPLIES 36870 CINTAS CORPORATION NO 3 612298 09/10/2026 $2,127.00 RETIREMENT 3128 CITY OF BELL GARDENS 612299 09/10/2026 $19,940.92 MACHINERY & EQUIPMENTS 3568 CIVICPLUS LLC 612300 09/10/2026 $26,955.00 CONTRACT SERVICES 3945 COMMERCIAL GATE CO. INC. 612301 09/10/2026 $150.00 CONTRACT SERVICES 5374 CONCENTRA MEDICAL CENTERS 612302 09/10/2026 $7,246.54 VEHICLE MAINTENANCE/EXPENSES 4419 DARTCO TRANSMISSION SALES & SERVICES INC 612303 09/10/2026 $200.00 CONTRACT SERVICES 2709 ERNEST PERALTA 612304 09/10/2026 $1,247.00 TRAINING 14080 RENE ESTUPINIAN 612305 09/10/2026 $92.05 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 612306 09/10/2026 $29,123.29 VEHICLE MAINTENANCE/EXPENSES 38020 FLEET PRIDE INC 612307 09/10/2026 $2,149.73 ADVERTISING/PRINTING SERVICES 5340 GAT INTERNATIONAL 612308 09/10/2026 $7,973.33 CONTRACT SERVICES 4591 GEORGE HILLS COMPANY 612309 09/10/2026 $9,900.00 CONTRACT SERVICES 5289 INSIGHT STRATEGIES, INC. 612310 09/10/2026 $761.40 TRAINING 3507 MARK KIM
612311 09/10/2026 $16,997.50 PERMITS AND FEES 692 LOS ANGELES COUNTY SUPERIOR COURT 612312 09/10/2026 $4,002.00 CONTRACT SERVICES 4555 MAK FIRE PROTECTION ENGINEERING AND CONSULTING INC 612313 09/10/2026 $56,304.02 CONTRACT SERVICES 2144 MARIPOSA LANDSCAPES INC 612314 09/10/2026 $4,424.20 VEHICLE MAINTENANCE/EXPENSES 7110 MOHAWK MFG & SUPPLY CO 612315 09/10/2026 $96.30 TRAINING 4023 DENISE MONTANEZ
612316 09/10/2026 $20,790.28 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 612317 09/10/2026 $4,879.67 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 612318 09/10/2026 $340.20 VEHICLE MAINTENANCE/EXPENSES 70510 CSK AUTO INC 612319 09/10/2026 $365.98 SUPPLIES 15620 OFFICE DEPOT INC 612320 09/10/2026 $551.66 RETIREMENT 42490 LINDA PAYAN
612321 09/10/2026 $34,698.63 CONTRACT SERVICES 5134 PHILLIP BURNS DBA THE ARROYO GROUP 612322 09/10/2026 $545.95 CONTRACT SERVICES 4952 DEBORAH LYNN RIVERA 612323 09/10/2026 $1,500.00 CONTRACT SERVICES 3896 ROBERT J ORTIZ 612324 09/10/2026 $522.00 CONTRACT SERVICES 5157 LORENZO L RODRIGUEZ III 612325 09/10/2026 $6,122.02 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 612326 09/10/2026 $1,606.35 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 612327 09/10/2026 $12,885.00 CONTRACT SERVICES 4173 SHIELD PEST MANAGEMENT LLC 612328 09/10/2026 $3,897.51 SUPPLIES 1980 SITEONE LANDSCAPE SUPPLY LLC 612329 09/10/2026 $13,405.99 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 612330 09/10/2026 $207,688.92 LEASE PAYMENT 45630 SOUTHERN CALIFORNIA EDISON 612331 09/10/2026 $400.00 DUES & SUBSCRIPTIONS 29600 SOCAL PUBLIC LABOR RELATIONS COUNCIL 612332 09/10/2026 $1,146.98 CONTRACT SERVICES 3397 STERICYCLE INC 5

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR NAME
City of Montebello
Register of Demands No. 1617
From Payment Date 08/28/26 - To Payment Date 09/10/26
612333 09/10/2026 $12,778.41 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 612334 09/10/2026 $1,590.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 612335 09/10/2026 $2,715.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 612336 09/10/2026 $2,274.46 FUEL INVENTORY 4844 THE JANKOVICH COMPANY LLC 612337 09/10/2026 $46,987.65 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 612338 09/10/2026 $9,071.89 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 612339 09/10/2026 $7,254.55 UTILITY SERVICES 23610 VERIZON WIRELESS 612340 09/10/2026 $1,300.00 CONTRACT SERVICES 2000 VITAL MEDICAL SERVICES LLC 612341 09/10/2026 $5,712.30 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 612342 09/10/2026 $20,704.96 VEHICLE MAINTENANCE/EXPENSES 5479 WESTERN STATES CONVERTERS & TRANSMISSIONS, INC.

CHECK TOTAL $1,438,792.18
GRAND TOTAL $3,533,737.61
6

EXHIBIT

CITY OF MONTEBELLO FORECASTED AGENDA

NOTE: T he attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

Item # Description Session Department Presenter
Citizen of the Month - Presentation Public Affairs David S.

Proclamation for Breast Cancer Awareness Month Presentation Public Affairs David S.

Proclamation for Bullying Prevention Month Presentation Public Affairs David S.

Proclamation for Domestic Violence Awareness Month Presentation Public Affairs David S.

Approve Agreement No. 4623 with Obvio Inc. for Redlight Camera Services Consent Police Chief Lopez
Minutes Consent. Admin Kimberly G.

Reso No. ___ Warrant Register Consent. Finance Michael S.

City Council Forecasted Agenda Calendar - October
October 14, 2026 - Regular City Council Meeting
Updated 9/16/2026