SIGNED PROPOSAL AND EXCEPTIONS : Submission of a signed proposal will be interpreted to mean that the firm responding to this RF P has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the requirements contained in the RFP documents will not be accepted . Exceptions to the City’s standard Agreement terms and conditions, including insurance requirements, may be considered in the evaluation process; however, the City makes no guarantee that any such exceptions will be approved. Any exceptions to the standard Agreement must be identified in the submitted Proposal. 539
RFP #27-001
Attachment “A”
ATTACHMENT “A”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
SIGNATURE AUTHORIZATION
PROPOSER: ___________________________________________________________________________
A. I hereby certify that I have the authority to submit this Proposal to the City of Rialto for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal.
____________________________________
SIGNATURE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company; (registered in ________)
____ A corporation; (incorporated in _______)
2. My tax identification number is: __________________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
The “Small Business Concerns Information” sheet shall be included as part of Attachment “A”. 540
RFP #27-001
Attachment “A”
Attachment “A” – Small Business Concerns Information
The Proposer shall furnish the following information. Additional sheets may be attached, if necessary.
(1) Name: ________________________________________________________________ (2) Address: ________________________________________________________________ (3) Phone No.: ______________________________Fax No.:___________________________ (4) E-Mail: ________________________________________________________________ (5) Type of Firm: (Check all that apply)
______ Individual ______ Partnership ______ Corporation ______ Minority Business Enterprise (MBE) ______ Women Business Enterprise (WBE) ______ Small Disadvantaged Business (SDB) ______ Veteran Owned Business ______ Disabled Veteran Owned Business ______ Other (6) Business License: _____Yes _____No License Number: ___________________________ (7) Tax Identification Number: _____________________________________________________ (8) Names and Titles of corporate members of the firm:
____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ (9) Three (3) projects of this type recently completed:
Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________
541
RFP #27-001
Attachment “B”
ATTACHMENT “B”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
NON-COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is the following person authorized to submit the attached proposal from the following firm (herein the “Proposer”):
Further, that the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any ot her member or agent thereof to effectuate a collusive or sham Proposal.
By:
Signature
Title:
Subscribed and sworn to before this ____ day of ___________________, 20__.
542
RFP #27-001
Attachment “C”
ATTACHMENT “C”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
CONFLICT DISCLOSURE FORM
543
RFP #27-001
Attachment “C”
ATTACHMENT “C”
CONFLICT DISCLOSURE FORM
544
RFP #27-001
Attachment “C”
ATTACHMENT “C”
CONFLICT DISCLOSURE FORM
545
RFP #27-001
Attachment “D”
ATTACHMENT “D”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
DEBARMENT AND SUSPENSION CERTIFICATION
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award but will be considered in determining Proposer responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
Consultant Name:
(Date) (Signature)
(Name & Title)
546
RFP #27-001
Attachment “E”
ATTACHMENT “E”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
NON-DISCRIMINATION CERTIFICATION
In connection with its performance under this Agreement, the Consultant hereby certifies that it shall not discriminate in its employment with regard to age, handicap, race, color, religion, gender, gender identity, sex, sexual orientation, or national origin; that it is in compliance with all federal, state, local directives, and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
Consultant Name:
(Date) (Signature)
(Name & Title)
Attached herewith is a copy of the Consultant’s currently adopted equal opportunity employment program.
547
RFP #27-001
Attachment “F”
ATTACHMENT “F”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
LOCAL BUSINESS PREFERENCE FORM
I certify that the following business I represent is submitting a proposal as a “Qualified Local Business” in accordance with Chapter 2.47 of the Rialto Municipal Code and satisfies the following criteria:
(1) It has maintained an office, place of business or distribution point within the city for a period of one year preceding the date upon which the proposal submitted herewith is required to be submitted to the city.
(2) It has secured all licenses and permits necessary to conduct business in the city and it has paid all fees and taxes imposed by the city.
(3) It meets all other qualifications required to perform the contract for which its bid has been submitted.
I hereby request a 5 -point bonus to the evaluation score in accordance with the RFP Documents. I make this certification with the full knowledge that I personally, and the following business I represent, may be subject to penalties and remedies pursuant to Section 2.47.070 of the Rialto Muni cipal Code for misrepresentation as a Qualified Local Business, including, but not limited to, a restriction from submitting any future proposal and award of a contract for a period of three (3) years.
Company Name:
Address:
Type of Products or Services:
Business License Number:
Phone Number:
Owner’s Name:
Total number of employees ___ Total number of employees that reside in the City ___ Attached herewith is a copy of our City of Rialto Business License.
_________________________________ ____________________________ Signature Printed Name / Title
548
RFP #27-001
Attachment “G”
ATTACHMENT “G”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE
PROGRAM
AGREEMENT FOR MAINTENANCE / REPAIR / MINOR
CONSTRUCTION SERVICES
BETWEEN
THE CITY OF RIALTO, CALIFORNIA
AND
__________________________________
This Agreement for Maintenance / Repair / Minor Construction Services (“Agreement”) is entered into as of __________, 20__ (“Effective Date”) between the City of Rialto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 150 S. Palm Avenue, Rialto, California 92376 (“ City”) and _________________, a ___________ (SPECIFY LEGAL CAPACITY OF PERSON OR ENTITY, and STATE OF FORMATION IF AN ENTITY, e.g. an individual, DBA, a California limited liability company, a Delaware corporation, etc.), with its principal place of business at _____________________ [insert address] (“Contractor”) (collectively the “ Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
RECITALS
A. City has sought contractors for the performance of the services defined and described particularly in Section 1 of this Agreement.
B. Contractor was selected by the City to perform those services as needed and requested by the City.
C. The Parties desire to formalize the selection of Contractor for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SCOPE OF SERVICES
Term. The term of this Agreement is [___ years/months] commencing on the Effective Date (“ Term”) unless earlier terminated in accordance with the provisions of Section 8 [Default and Termination]. [**INSERT THE FOLLOWING SENTENCE FOR MULT-YEAR, AUTOMATIC RENEWAL; OTHERWISE ALWAYS DELETE; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [insert number] additional one-year terms.***], 549
RFP #27-001
Attachment “G”
Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services related to [INSERT SHORT SCOPE] as specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
Extra Work . Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non- conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non- conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. 550
RFP #27-001
Attachment “G”
Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non- conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”).
Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.
COMPENSATION AND METHOD OF PAYMENT
Compensation. City shall pay to Contractor for non- disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed [INSERT DOLLAR AMOUNT AND CENTS ($XXX.XX)] , the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].
Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will 551
RFP #27-001
Attachment “G”
review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contr actor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
RESPONSIBILITIES OF CONTRACTOR
Control and Payment of Subordinates; Independent Contractor . Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in w riting by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services.
Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legall y required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
Required Corrections . Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
552
RFP #27-001
Attachment “G”
Law and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. [ DELETE IF NO FEDERAL FUNDS ARE USED. In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Contractor must also comply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit G (“Federal Contract Terms, Conditions, and Regulations”).]
Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
Labor Code and Prevailing Wage Requirements.
Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement, or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
Prevailing Wage Laws . [ SELECT ONE AND DELETE THE OTHER ] Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq ., (“ Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and any location where the Services are performed. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
553
RFP #27-001
Attachment “G”
Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
[OR] Contractor is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Contractor that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction” includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. Contractor shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
3.8 Conduct and Removal of Contractor Personnel. Contractor shall at all times enforce strict discipline and good order among its employees, agents, volunteers, officers and directors. Any such person who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the services, or who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services to be performed by the Contractor and shall not be re-employed on the Services.
INDEMNIFICATION
Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, volunteers and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which 554
RFP #27-001
Attachment “G”
arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, volunteers or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents, volunteers and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, volunteers and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees, volunteers or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall s urvive the expiration or early termination of the Agreement.
Action. For purposes of this Agreement, “ Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non- binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
Costs and Expenses. For purposes of this Agreement, “ Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, wit ness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq .; the Clean Ai r Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the 555
RFP #27-001
Attachment “G”
Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq .; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
RECORDS AND DOCUMENTS
Accounting Records.
Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under t his Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.
Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
Ownership of Documents and Materials; Exceptions; Warranty. All specifications, original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents or materials (the “documents and materials”) prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reus ed or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such documents and materials. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event 556
RFP #27-001
Attachment “G”
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Contractor warrants that all documents and materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Contractor understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting documents and materials generated by such AI tools to City and representing it as Contractor’s original work constitutes a material br each of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law.
Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such documents and materials.
Contractor is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
INSURANCE
Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum am ount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.
Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensur ing that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
BONDS
Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of 557
RFP #27-001
Attachment “G”
this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Proced ure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
DEFAULT AND TERMINATION
Termination by City . In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but the timeframe may be shortened if the default results in a safety issue or imminent threat to City employees or the public.
During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated 558
RFP #27-001
Attachment “G”
only for those non- disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City t imely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
GENERAL PROVISIONS
Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidat ed damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor . Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
559
RFP #27-001
Attachment “G”
Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in San Bernardino, California.
Integration. This Agreement, including the attached Exhibits “A” through “ F” or “G”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Prohibited Interests . Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Rialto Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
Delivery Of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class 560
RFP #27-001
Attachment “G”
postage prepaid and addressed to the party at its applicable address or when sent if given by email. Any notice, request, demand, direction, or other communication sent by email must be confirmed within forty -eight (48) hours by letter mailed or delivered.
Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder. Notwithstanding the foregoing, if a party actually receives notice by any method, such actual receipt shall be deemed effective notic e as of the date of receipt, even if not sent in the manner prescribed.
Binding Effect . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in additio n to any other relief to which it may be entitled.
Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Authority To Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with the City Manager’s contracting authority under the Rialto Municipal Code.
9.20 Data Protection.
a) Contractor shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer- provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Contractor shall notify City in writing as soon as 561
RFP #27-001
Attachment “G”
reasonably feasible, and in any event within twenty-four (24) hours, of Contractor’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Contractor shall begin remediation immediately.
Contractor shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Contractor until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Contractor shall cooperate fully with City, its agents and law enforcement.
b) If City is subject to liability for any Data Breach or Security Incident, then Contractor shall fully indemnify and hold harmless City and defend against any resulting actions.
9.21 Confidentiality. Contractor shall not use City’s name or insignia, photographs, or any publicity pertaining to the services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
9.22 SAM.gov Check. [USE ONLY WHEN FEDERAL FUNDS ARE
INVOLVED; OTHERWISE DELETE].
This Agreement is governed by 2 CFR 200 Appendix II (H) of the Contract Provisions for Non- Federal Contracts Under Federal Awards: “Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp. , p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9.23 Live Scan; Access to City Facilities. [USE ONLY WHEN CITY
REQUIRES THAT CONTRACTOR UNDERGO A LIVE SCAN CHECK AND
EMPLOYEES OF CONTRACTOR NEED A BADGE TO ACCESS CITY FACILITIES; OTHERWISE DELETE].
Contractor acknowledges that the performance of certain services under this Agreement requires access to secure or restricted City facilities. Contractor must submit to and pass, as determined by City, a Live Scan check. Accordingly, City shall grant access privileges to City facilities solely to those Contractor employees who have been identified in writing by Contractor and pre- approved in writing by the City (“Designated Personnel”). City facilities to be accessed by Designated Personnel must 562
RFP #27-001
Attachment “G”
be specifically identified by Contractor in writing prior to access. Designated Personnel will be issued access badges/cards which may be revoked by City at any time in the City Manager’s discretion. Contractor shall maintain the same Designated Personnel for the duration of the Agreement, and such Designated Personnel shall not be substituted, reassigned, or removed without the prior written consent of the City, which may be withheld in the City’s sole discretion. In the event that substitution becomes necessary due to circumstance beyond the Contractor’s control (e.g., illness, resignation), Contractor shall promptly notify the City and propose a qualified replacement. The City reserves the right to approve or reject any proposed replacement personnel.
Failure to maintain consistent assignment of Designated Personnel approved for access to City facilities may be deemed a material breach of this Agreement.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIALTO COMPANY NAME
________________________________ ______________________________ Tanya Willams, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Barbara McGee, City Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney
563
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Contractor shall provide ( SPECIFY SCOPE OF SERVICES INCL UDING RELATED CAPITAL PROJECT INFORMATION IF AVAILABL E – THIS INFORMATION
SHOULD BE IDENTICAL TO THE SCOPE OF SERVICES PROVIDED BY THE CITY IN THE RFP DOCUMENT). Specifically, Contractor shall provide those services as outlined in its proposal dated ( SPECIFY DATE OF CONTRACTOR’S PROPOSAL ), included on the following pages.
564
B-1
EXHIBIT “B”
“COST PROPOSAL”
565
C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof / OR enter date.
566
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Rialto
[Type in Name of Department]
Attn: [Type in Name of Representative]
150 S. Palm Avenue
Rialto, CA 92376
Phone: 909-820-2525
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
[Type in Information for Contractor]
567
EXHIBIT “E”
BONDS REQUIRED
[Type in or attach any Performance or Payment Bond requirements.
If no bonds required, type in “No Bonds Required”]
568
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF RIALTO
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Rialto and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non - renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A -” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California.
City will accept insurance provided by non- admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million doll ars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). [ NOTE: IF CONTRACTOR DOES NOT OWN ANY COMPANY VEHICLES
OR MAY NOT BE ABLE TO PURCHASE A BUSINESS AUTOMOBILE INSURANCE POLICY, THE REQUIREMENT MAY BE SATISFIED BY PROVIDING EITHER OF THE FOLLOWING: (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; or (2) a non- owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others e.g., vehicles of employees). DELETE THIS SECTION IF NOT USED]
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents, volunteers and 569
representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim. If Contractor has no employees or agents, Contractor shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Contractor hires employees or agents during the Term of this Agreement, Contractor shall obtain and maintain Workers’ Compensation Insurance in accordance with this section.
X POLLUTION LIABILITY INSURANCE [OPTIONAL: INCLUDE THE FOLLOWING PROVISION IF THERE IS A POLLUTION LIABILITY EXPOSURE; OTHERWISE, ALWAYS DELETE] [**NOTE: CITY TO DETERMINE WHETHER COVERAGE LIMIT IS SUFFICIENT ON A CASE BY CASE BASIS. IF IN DOUBT, CONSULT WITH A RISK MANAGEMENT OR INSURANCE ADVISOR***] Pollution liability insurance covering all of the Contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs in the amount of no less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provis ions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
570
[OPTIONAL – DELETE IF NO FEDERAL MONEY IS BEING USED]
EXHIBIT “G”
FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit F, this Agreement may be referred to as the “contract,” and Contractor may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local codes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor must comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:
1. Equal Employment Opportunity . Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 –1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 1 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 41 CFR 60–1.4(b) provides:
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
571
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contra ctor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this section, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided, 572
that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.
The applicant agrees that it wi ll assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or r efund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis–Bacon Act, as amended (40 U.S.C. 3141–3148) . When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis –Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor r egulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non– Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti –Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.
3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708) . Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard Work week of 40 hours. Work in excess of the standard Work week is permissible provided that the Worker is compensated at 573
a rate of not less than one and a half times the basic rate of pay for all hours Worked in excess of 40 hours in the Work week. The requirements of 40 U.S.C. 3704 are applicable to construction Work and provide that no laborer or mechanic must be required to Work in surroundings or under Working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
4. Rights to Inventions Made Under a Contract or Agreement . If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research Work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
5. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended . Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non– Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Debarment and Suspension (Executive Orders 12549 and 12689) . A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. 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. 135. Each tier must also disclos e any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non–Federal award.
8. 2 CFR § 200.322 Procurement of Recovered Materials . .A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 574
or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
9. Certification for Contracts, Grants, Loans, and Cooperative Agreements . The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:
In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriate d funds have been paid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.
11. Drug-Free Workplace (2 CFR §182 and §1401) . The Department of the Interior regulations at 2 CFR 1401—Government-wide Requirements for Drug -Free Workplace (Financial Assistance), which adopt the portion of the Drug- Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby 575
incorporated by reference and made a part of this Contract. By entering into this Contract, the Contractor agrees to comply with 2 CFR 182.
12. Copeland Anti -Kickback Act (18 U.S.C. 874) . Contractor agrees to comply with the Copeland Anti - Kickback Act as supplemented by Department of Labor regulations (29 CFR part 5).
576
RFP #27-001 Fire Apparatus PreventMaintenance Program
City of Rialto Purchasing Division249 S. Willow AvenueRialto, CA 92376Attn: Shanita Simmons FAS Work/Technical Proposal Enclosed
577
2 | P a g eTABLE OF CONTENTSBUSINESS ORGANIZATION ............................................................................................. 4FAS CONTACTS BY LOCATION ......................................................................................FAS LOCATIONS................................................................................................................... 1UNDERSTANDING OF THE CITY'S NEEDS.............................................................. 1GENERAL SERVICES AND REQUIREMENTS........................................................... 1SCOPE OF WORK - List of Services................................................................................ 1Authorized Service Facility Certifications......................................................................... 2FAS Employee Qualifications............................................................................................. 2CFMA & EVT Certifications.............................................................................................. 2NFPA Certification / Training.......................................................................................... 2Welder Certification............................................................................................................. 26Occupational License......................................................................................................... 2Parts Availability.................................................................................................................. 2Sample List of Stock Parts................................................................................................. 2FAS W9’s ............................................................................................................................. 3FAS INSURANCE DOCUMENTS ................................................................................... 3FASCertifications.......................................................... 3FAS Employee Certifications...........................................................................................*Please note: Fire Apparatus Solutions' core proposal is fewer than 40 pages in length. (pages 1-30)The remaining pages consist of supporting documentation provided to substantiate our qualifications, certifications, experience, and overall capabilities. ............................................................................................... 578
3 | P a g eLETTER OF TRANSMITTALJuly 29, 2026William KalmikovFire Apparatus Solutions1762 S Sycamore AveRialto, CA 92376City of RialtoPurchasing Division249 S. Willow AvenueRialto, CA 92376Dear Shanita Simmons,Please find enclosed Fire Apparatus Solutions' proposal, submitted via PlanetBids, in response to RFP #27-001 – Fire Apparatus Prevent Maintenance Program. Upon review, you will find that Fire Apparatus Solutions meets or exceeds all requirements and qualificationsoutlined in the City's specifications.Fire Apparatus Solutions acknowledges receipt of all addenda and documents issued by the City of Rialto for RFP #27-001 – Fire Apparatus Prevent Maintenance Program. This proposal shall remain valid for a period of 120 days from the date of submission.Fire Apparatus Solutions certifies that all information contained within this proposal is true, accurate, andcomplete to the best of our knowledge.Fire Apparatus Solutions has proudly served as a trusted partner to the City of Rialto for more than thirteen years. Since 2013, we have continuously held the City's annual Fire Apparatus Maintenance con-tract, demonstrating our commitment to providing reliable, high-quality service and fostering a strong, long-term partnership with the Rialto Fire Department. As a testament to that partnership, Fire Apparatus Solutions is proud to share that our President, William Kalmikov, was recently recognized by the Rialto Fire Department for his continued dedication, commitment, and outstanding support of the Department. This recognition reflects the trust, professionalism, and excep-tional service that Fire Apparatus Solutions has consistently provided to the City of Rialto over the years.Thank you for your time and consideration. Should you have any questions or require additional information,please do not hesitate to contact me directly at (714) 357-9706.Thank you,William KalmikovPresident 579
4 | P a g eBUSINESS ORGANIZATION Fire Apparatus Solutions (FAS), a division of Kalmikov Enterprises, Inc., has proudly served the fire service industry since 2005. Founded in 2005 and incorporated in 2009, Fire Apparatus Solutions has grown into one of California's leading fire apparatus service organizations. Headquartered in Rialto, California, our approxi-mately 64,000-square-foot headquarters serves as the hub for our operations. Today, FAS employs 51 dedi-cated professionals across five California locations, enabling us to provide responsive service and support to fire agencies throughout the state. With over 20 years in business and technicians averaging more than 20 years of experience servicing heavy-duty vehicles, fire apparatus, and specialty emergency equipment, FAS is uniquely qualified to perform com-prehensive maintenance, diagnostics, repairs, refurbishment, and maintenance on emergency re-sponse vehicles. Our capabilities include, but are not limited to: Complete bumper-to-bumper fire apparatus service and repair maintenance (PM) servicesMajor and minor mechanical repairsCab and chassis service and repairDarley, Hale, and Waterous pump service, repair, and testingPump performance testingThird-party aerial ladder testing and repairsBody repairs and structural, plumbing, and panel modificationsQuarterly and annual NFPA and DOT compliance inspectionsElectrical and multiplex system diagnosticsAir system repairsOur sole business is the fire service industry. FAS specializes in maintenance, warranty repairs, emergency repairs, diagnostics, and complete apparatus refurbishments. In addition to the manufacturers we represent, our technicians routinely service apparatus from many other manufacturers and are an authorized warranty service center for companies including KME, Boise Mobile Equipment (BME), Rosenbauer, MCB, Sutphen, SVI, Spartan ER, and numerous other emergency vehicle manufacturers. Commitment to Customer Service Fire Apparatus Solutions defines quality service by providing exceptional workmanship combined with re-sponsive, professional customer support. Communication is one of the cornerstones of our service philoso-phy. Each customer is assigned a dedicated point of contact, typically working directly with the department's Bat-talion Chief, Administrative Captain, Fleet Supervisor, or designated representative. Our Service Manager oversees every repair from start to finish and is responsible for troubleshooting, scheduling, prioritizing re-pairs, coordinating technicians, and maintaining consistent communication throughout the repair process. Critical service needs receive immediate attention, whether responding to an emergency breakdown, warranty concern, scheduled maintenance, annual inspections, or major repairs. Our objective is to max-imize apparatus availability by minimizing downtime through proactive maintenance, efficient scheduling, and quality repairs. 580
5 | P a g eTo further support our customers, Fire Apparatus Solutions offers pickup and delivery services for apparatus, equipment, and parts, helping departments minimize operational disruptions while ensuring repairs are com-pleted efficiently. Parts Distribution & Inventory Fire Apparatus Solutions is fully equipped to meet all apparatus and chassis parts requirements. We maintain a continually expanding inventory of OEM and aftermarket parts for both routine maintenance and emer-gency repairs. As an authorized parts distributor for numerous industry-leading manufacturers, we can quickly source both stocked and specialty items to keep emergency vehicles in service. Authorized Apparatus Dealer Fire Apparatus Solutions is an Authorized dealer SmealKMESpartan ERLadder TowerFerraraFoutsWardDankoSVI TrucksLDVBulldogIturrAuthorized Service Center & Apparatus Manufacturers Fire Apparatus Solutions is an Authorized Service Center and/or Parts Distributor for: Boise Mobile Equipment (BME)Danko Emergency EquipmentFerrara Fire ApparatusFouts Bros.KME (REV Group)Ladder Tower CompanyMCBSmeal Fire ApparatusSpartan ChassisSpartan ERSutphenSVI TrucksUS TankerWard ApparatusAuthorized Parts & Equipment Distributors Fire Apparatus Solutions is an authorized distributor for numerous OEM manufacturers and emergency vehi-cle component suppliers, including: Ajax ToolsAkron BrassAMKUS Rescue SystemsBlue Water RopesBull Dog BracketsCascadeClass 1 / HaleCMCDarleyDraegerDuo Safety LaddersFederal SignalFire Hooks UnlimitedFoamProFoxFuryFire Research Corporation (FRC)IMMIKochekKussmaulMK DiamondNuplaOnScene SolutionsPAC MountPetzlPlastix PlusPMIRamco MirrorsRescue 42Res-Q-JackSavoxSouth Park BrassSterling RopeSVITask Force Tips (TFT)Team Equipment (Husqvarna)TempestTridentTrue NorthTurtle PlasticsVetterWaterousWeldonWhelenYates GearZico 581
| P a g eEmergency Equipment Division In addition to apparatus service and parts distribution, Fire Apparatus Solutions has expanded its capabilities through its partnership with Diamondback Fire & Rescue, a full-line emergency equipment distributor spe-cializing in rescue, stabilization, ventilation, and technical rescue equipment. Diamondback Fire & Rescue is the authorized distributor for AMKUS Rescue Systems and provides hydrau-lic rescue tool sales, factory-authorized service, maintenance, inspections, repairs, and hands-on training. Diamondback also distributes industry-leading manufacturers including Res-Q-Jack (vehicle stabili-zation), Vetter (lifting bags and hazmat equipment), Draeger (gas detection and thermal imaging), SVI (venti-lation equipment and rescue saws), and CMC (rope rescue and technical rescue equipment). Because these product lines are purchased directly from the manufacturers, Fire Apparatus Solutions can pro-vide highly competitive pricing while offering customers a single source for apparatus service, replacement parts, loose equipment, rescue tools, and emergency response accessories. One-Stop Solution Fire Apparatus Solutions is committed to being a true "One-Stop Shop" for California fire departments. From apparatus sales and warranty repairs to maintenance, emergency repairs, OEM parts, res-cue equipment, and technical support, our experienced team is dedicated to delivering reliable, responsive, and cost-effective solutions. Customer Service remains the primary focus of our business, and we are committed to building long-term partnerships by providing quality workmanship, timely communication, and dependable support for every customer we serve. 582
| P a g eFAS CONTACTS BY LOCATIONFAS RIALTO &CONTACTS LISTPRESIDENT / DIRECTOR WILLIAM KALMIKOV GENERAL [email protected] APPARATUS WARRANTY SUPPORTCUAH BELTRAN SALINA LINARESSERVICE MANAGER SERVICE WRITER / ACCTS RECEIVABLES 626-419-6550 [email protected] [email protected] SERVICE MAINTENANCE AND REPAIRS SUPPORT WILLIAM KALMIKOV RUSS CHAMPLIN RYAN VARGAS CUAH BELTRAN GENERAL MANAGER SHOP FOREMAN SERVICE WRITER SERVICE MANAGER714-357-9706 909-201-6398 909-879-7354 [email protected] [email protected] [email protected] [email protected] APPARATUS PARTS AND ACCESSORIES SUPPORT RYAN BRADBERRY RONALD BROWNING OVER COUNTER PARTS SALES SERVICE PARTS SALES 951-264-4166 [email protected] [email protected] BILLING / ACCOUNTING SUPPORT JENNIFER RODRIGUEZ BRIE PANGBURNOFFICE MANAGER OFFICE ASSISANT / ACCTS PAYABLES909-301-3983 [email protected] [email protected] RODRIGUEZ JOSH ZIMMERMAN JOSH CARTEE LUKE ANDERSON SALES CORDINATOR EQUIPMENT SERVICE TECH EQUIPMENT SALES REP EQUIPMENT SALES REP 909-301-3983 951-852-5682 818-355-7373 [email protected] [email protected] [email protected] [email protected] ERIK ACEVEDO BRANDON LABONTEEQUIPMENT SALES REP ARIZONA SALES REP818-339-1281 [email protected] [email protected] 583
| P a g eFAS FONTANA CONTACTSPRESIDENT / DIRECTOR WILLIAM KALMIKOV GENERAL [email protected] WARRANTY SUPPORTMONICA VARGAS SHAWN VAN NIMANCUSTOMER SERVICE SUPPORT SERVICE SUPPORT 909-202-8947 [email protected] [email protected] APPARATUS SERVICE MAINTENANCE AND REPAIRS SUPPORT RUSS CHAMPLIN MARTIN VICKERSSHOP FOREMAN NEW APPARATUS - SERVICE LEAD 909-201-6398 [email protected]@GMAIL.COMAPPARATUS PARTS AND ACCESSORIES SUPPORT CHRIS HAMMACK JACOB NADAULD PARTS SVC SALES OVER COUNTER PARTS SALES 800-328-1033 [email protected] [email protected] BILLING / ACCOUNTING SUPPORTMONICA VARGAS OFFICE MANAGER [email protected] 584
| P a g eFAS FAIRFIELD CONTACTSPRESIDENT / DIRECTORWILLIAM KALMIKOVGENERAL [email protected] APPARATUS WARRANTY AND SERVICE SUPPORTTRISTEN BJORKNO. CAL SERVICE [email protected] APPARATUS SERVICE MAINTENANCE AND REPAIRS SUPPORT LUIS DELGADO ZACH COLLINSSERVICE TECH SERVICE TECH [email protected] [email protected] FAS FRESNO CONTACTSPRESIDENT / DIRECTOR WILLIAM KALMIKOV GENERAL [email protected] APPARATUS WARRANTY AND SERVICE SUPPORT CUAH BELTRAN SERVICE SUPPORT [email protected] APPARATUS SERVICE MAINTENANCE AND REPAIRS SUPPORT JORGE CAMBEROS SAMMY VENEGAS SERVICE TECH SERVICE TECH 951-295-0184 [email protected] [email protected] HENRY MARTINEZ SERVICE TECH / PORTER [email protected] 585
1| P a g eFAS APPARATUS SALES TEAMAPPARATUS SALES DIRECTOR SCOTT BECKSALES [email protected] SALES REPRESENTATIVE BRANDON GOMEZ KME SALES REP [email protected] ROY COBB SPARTAN SALES REP [email protected] PISTOCHINI JOSH CARTEE FOUTS SALES REP FERRARA SALES REP 916-716-1800 [email protected] [email protected] MIGUEL BUELNA STEVE LANGSTON APP SALES ASSIST APP SALES ASSIST 818-602-6053 [email protected] [email protected] SUPPORT STAFF JONATHON LOMBARDI TRISH HANSEN JENNIFER RODRIGUEZ MICHAEL STOEVER CONTRACT MANAGER BID CORDINATOR SALES CORDINATOR CONTRACT MANAGER 402-297-2462 402-517-2462 909-301-3983 [email protected] [email protected] [email protected] [email protected] 586
1 | P a g eFAS LOCATIONSHeadquarters
•1762 S. Sycamore Ave. Rialto, CA 92376Southern CA:
•14665 Hawthne Ave., Fontana, CA 92335Central CA:
•1530 Pearl Street, Fresno, CA 93721•Currently operating at: 7285 W. Shields Ave, Fresno, CA 93723Northern CA •1705 Enterprise Drive,, CA 94533
587
1 | P a g eUNDERSTANDING OF THE CITY'S NEEDS Fire Apparatus Solutions understands that meeting the City's expectations begins with clear communication,proactive planning, and a thorough understanding of the Department's operational needs. With extensive ex-perience serving the City of Rialto and numerous fire departments throughout California, fire apparatus ser-vice and support is our sole focus. Whether performing maintenance, emergency repairs, major projects, or specialized training, our priority is developing a clear plan to ensure the work is completed effi-ciently and with minimal impact to fleet readiness. Maintenance Our maintenance program begins by identifying the apparatus to be serviced, reviewing mileage and engine hour intervals, and establishing appropriate 6- to 12-month service schedules. This approach helps ensure each vehicle is maintained safely and reliably while avoiding unnecessary service and expense. Repair Management When repairs are required, we work closely with Department personnel to understand operational demands, staffing, seasonal conditions, and apparatus availability before scheduling work. Our goal is to maximize fleet availability by coordinating repairs efficiently and minimizing apparatus downtime. Major repairs are only dis-assembled when replacement parts are available whenever practical, allowing for the quickest possible return to service. For emergency breakdowns, we immediately assess the situation and determine the most effective response, whether dispatching a field technician, coordinating towing services, or mobilizing additional personnel. Emergency requests are coordinated through our office, Service Manager, or Lead Mechanic, whose contact information is shared with the Department to ensure timely communication. We also establish designated points of contact with decision-making authority to streamline approvals and expedite emergency response. Fleet Maintenance Services Fire Apparatus Solutions performs annual NFPA pump testing on-site, including preliminary vacuum and pressure testing to verify pump performance before conducting the official test. Annual aerial inspections are coordinated with the Department, with third-party certified ladder inspections performed either at our facility or at the customer's location. We also provide 90-day BIT inspections at fire stations whenever practical, allowing apparatus to remain in service while identifying potential steering, braking, lighting, and other safety concerns before they become critical. Fleet reliability is achieved through strong working relationships with Department personnel, engineers, and fleet staff. Open communication allows us to address concerns promptly, identify recurring issues, and con-tinually improve maintenance practices through consistent feedback and repair history. Documentation and Reporting Comprehensive documentation begins as soon as the apparatus arrives at our facility or our technicians arrive on-site. Vehicle identification information, mileage, build numbers, photographs, and customer concerns are documented immediately. Our Dealer Management System (DMS) provides both desktop and mobile access, allowing technicians to enter real-time, time-stamped service records. The system maintains a complete history of repairs, labor, parts used, and service recommendations. Completed work orders are provided in both printed and electronic for-mats for the Department's records. 588
1| P a g eService Delivery Approach Fire Apparatus Solutions recommends scheduling annual maintenance during lower-demand op-erational periods to maximize fleet availability during peak response seasons. scheduling also al-lows flexibility for unforeseen repairs throughout the year. Higher-use apparatus may require more frequent maintenance intervals based on mileage and operating hours, while lower-use units can remain on annual schedules. Emergency repairs receive immediate priority and are coordinated through our Lead Mechanic or Service Manager to minimize downtime. Routine service requests are managed through our office staff, who document concerns, schedule work, and coordinate re-pairs with Department personnel. Communication and Coordination Communication with the City will be maintained through email, telephone, and in-person meetings. We begin each contract with a coordination meeting to review expectations, establish communication procedures, and discuss any changes in operational needs. Ongoing coordination ensures maintenance, repairs, training, and project work are scheduled efficiently and completed with minimal disruption to Department operations. Quality Assurance Every apparatus serviced by Fire Apparatus Solutions undergoes a comprehensive quality control inspection before being returned to service. Regardless of the original repair, each vehicle receives a functional systems check appropriate for its apparatus type. Pumpers receive operational testing of pumps, emergency lighting, warning devices, and other critical sys-tems. Aerial apparatus additionally receive operational testing of ladder functions and associated equipment. These inspections are completed in addition to verifying the original repair and are reviewed by the Lead Me-chanic or Service Manager independent of the technician who performed the work to ensure operational readiness. Relevant Experience Fire Apparatus Solutions has proudly supported the City of Rialto Fire Department for more than thirteen years, providing maintenance, inspections, repairs, emergency service, and apparatus support. In addition to apparatus maintenance, our Diamondback Fire & Rescue division supplies specialized firefighting equipment, while our apparatus sales team has successfully delivered multiple new fire apparatus to the City. We also proudly serve numerous neighboring agencies, including Colton, Loma Linda, and Redlands, demon-strating our commitment to providing dependable, high-quality service throughout the region. 589
1 | P a g eGENERAL SERVICES AND REQUIREMENTS24/7 Emergency Services Available.After-hours line: contact William Kalmikov at 714-357-9706.Fire Apparatus Solutions provides 24/7/365 emergency response. For emergency situations des-ignated by the City of Rialto Fire Department, FAS will provide a maximum response time ofthree (3) hours, with after-hours support available through William Kalmikov.Fire Apparatus Solutions proposes to assist with all maintenance and warranty coverage per the City’s re-quest.Fire Apparatus Solutions proposes to be the primary contact for vendor support for selected equipmentfor the City of Rialto’s Fire Department.List of FAS Test Equipment and Tools(7) Service trucks fully equipped with tools, air compressor, 20ft cargo trailer with equipment.(2) Hydraulic Press brakes, pan box brakes, Shear, Iron worker, saws6 welding machines, capable of welding TIG / MIG / Stick / Air Arc. For steel, aluminum,stainless steel5 laptops to communicate with ECMs for ABS, engine, transmission, SRS, Weldon V-mux.FAS maintains current diagnostic software including Allison DOC 2, ESKEY, Weldon V-MUX,DTD multiplex diagnostics, Cummins INSITE, Detroit Diagnostic Link, Bendix, MeritorWABCO, and OEM software platforms.Battery/alternator testers, clamp-on amp meter tester, battery chargersPitot gauge sets, Psi Vacuum gauges, bench grinders, cutoff saws8K lb. forklift, 4,500 lb. forklifts(6) Screw Drive Sefac Truck LiftsHydraulic floor jacks, pneumatic hydraulic floor jacks, frame lifting jacksRialto location: Three service bays capable of housing up to 12 apparatus indoors.Fontana location - Hawthorne Ave: 2-acre all-concrete lot. (2) Buildings. Main building capableof housing up to 24 apparatus. Second building capable of housing up to 9 apparatus.Parts inventory at Fontana/Rialto to support repair needsApparatus Equipment inventory for extrication, booster hose, hand tools, etc.Out-of-county support during fire season. We have 2 other shops and parts locations in thestate. Fairfield and Fresno.Fire Apparatus Solutions complies with submitting invoices no later than 30 days after the service and es-tablishing a tracking system to monitor the status.Fire Apparatus Solutions agrees to provide up to 12 hours of annual training to fire staff that covers Maintenance (PM)(billed at the standard maintenance rate)Fire Apparatus Solutions agrees to provide an itemized list of completed service and/or repairs at com-pletion of service and vehicle pick up/drop off. A hard copy with the apparatus and email to Rialto FleetManager.Fire Apparatus Solutions agrees to participate in the Fire Department's Fleet Operations ManagementSoftware.FAS maintains complete historical maintenance records by VIN and unit number and can provide servicehistory upon request.See pages for representative invoices of completed maintenance and repairwork, demonstrating Fire Apparatus Solutions' extensive service capabilities and experience supportingfire apparatus fleets. 590
1 | P a g eSCOPE OF WORK - List of ServicesOur Mission here at FAS is to maintain your fleet. Whether it be a special project you had in mind or complete fleet maintenance, our company is equipped to do it all.Services OfferedAerial maintenance, repairs & 3rdpartytesting, for all manufacturersAerial major repair/refurbishment: Forspecific manufacturersAfter-hours support for emergenciesAll chassis-related repairs, bumper tobumper, in accordance with DOT/BITstandardsAllison Transmission repair, diagnostics,maintenanceBody structure modifications & repair,for all manufacturersCollision & paint: Fire Industry expectedqualityDiesel engine repair, diagnostics,maintenance (Cummins, Cat, Detroit)Electrical, multiplexing diagnosis, startingand charging systemsFrame straightening, frame repairsMobile on-site maintenance and repairsPick-up and deliveryPump repairs: Overhaul, diagnostics,minor repairs, pump testing/certificationVehicle towingWelding on stainless steel & aluminum(MIG/TIGMaintenance & PM InspectionsMaintenance & PM inspections are annual D.O.T. compliance in accordance withSect.49CFR,396.17 & B.I.T. compliant per Ca. Veh.C. 34505.5All inspection findings will be documented & reviewed with department vehicle management. Customers receive copies for their records.All bi-annual services include:Replacement of engine oil, oil filters, fuel filters, air filter, coolant filter & dryer filter. Grease of chassis.All other fluids: Coolant, transmission, power steering, pump gearbox, differential, hub oil & foam pump will be checked & topped off as needed. Air filter inspected; if replacement needed, customer to be advised.Chassis Inspection for the following:Engine for oil leaks, coolant leaks, fuel leaks, boost leaks (c.a.c. plumbing), air inlet piping, exhaust leaks& belt adjustments. Ensure fan cycles automatically & water temps reacts accordingly. Starter for securemounting & cable securement/torque.Transmission for: Oil leaks, oil cooler for exterior leaks.Differential for: oil leaks, excess play on pinion or thru shafts.Charging system: Check alternator for output, connections at neg. /pos. leads. Check actual voltagedrop at batteries vs. alternator. Load test all battery's individually.Lighting: All emergency lights in both response/scene modes. All chassis lighting, directional, auxiliaryscene & work lights. Check air horn & siren.Steering components: Steer box & pump for oil leaks, torque on box mounting & pitman arm. Draglink& tie rod ends for wear, tie rod for straightness. Assist ram for leaks & mount torque. P . steer hosecondition.Frame, cross members & gussets for loose fasteners or cracks.Suspension for: Worn shackles/pins, spring leafs for cracks, air bags for tearing or excess cracking, 591
1 | P a g eleveling valves for excess leakage, gas shocks for loose mounting or leaking. U bolt torque & condition. Axle & frame weldments, torque rod bushing condition.Dot air system performance & compliance: check air systems for leakage & reservoir protection. Lowair warnings, air hose condition, dryer & governor operation. Brake shoe/pad condition, slack adjustersfor auto adjustment, adjust manual slacks. Air psi build performance.Drive train for: Yoke condition, u joints for excess wear, carrier bearing for mounting & condition.Ensure all in phase.H.V .A.C. system for: Defrost functions, heater & a/c modes. Condenser fan for damage & operation.Fan speed functions, compressor clutch for slippage or excess wear.Cab condition: All cab doors for proper locking, latch engagement/alignment/hinge condition,windows for sealing & regulator function, windshield condition, wiper function & blade condition, cablift cylinders for leaks & leak down when cab tilted. Decal & paint condition. Seat upholstery for tearing,Seat belt condition & function, interior lighting, steer column mounting & condition. Cab structurefor cracks, pivot point condition. Door ajar warning.Road test truck & check for proper instrument gauge readings, check for pull, and check for abnormalor uneven tire wear.All annual services include all the above plus:Replacement of Transmission fluid, filters, differential oil, power steer oil, coolant & pump gearbox oil.Opacity Testing (additional)Fire Engine PMInspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.Vehicle lighting & emergency lighting to be checked for proper function.Main pump, aux pump (if applicable) will be ran in recirculation mode to check for any leaks in pump house, internal plumbing, valves & main seals for leaks.Dry vacuum test will be performed.Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.Check all gauge functions (psi, vacuum, water & foam levels) check for sticking, or leakage.Check primer oil/tank level.Check pump transmission engagement, indicator lights, flinger condition.Check pump throttle controls, manual psi regulator if applicableThe following also performed during annual:Dry vacuum test will be performed per 1911 standards.Check valve linkage for binding or looseness.Inspect inlet screensInspect pump for leaks on main seals, adjustInspect anode condition 592
1 | P a g eTractor Drawn Aerial PM Service to onboard genset unit includes:Replacement of engine oil, oil filter, fuel filter & applicable air filterInspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear.Brakes to be adjusted, brake air system checked for Fmvss121 compliance.Vehicle lighting & emergency lighting to be checked for proper function.Aerial unit will be operated to check for: proper operation, interlocks, ladder to be inspected for any cracks or structural failure, cable adjustments, torque box & stabilizers for mounting or cracking, pulleys for wear, cables for fraying, rungs for damage, ladder lighting & hydraulic system of leaks.Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.The following also performed during annual:Aerial cable adjustmentAerial Interlock function checksReplacement of Hyd oil filterCheck Ladder intercom functionCheck monitor/Nozzle functionsInspect rescue/waterway pinnable sectionslube waterwayHazmat Service to onboard genset unit includes:Replacement of engine oil, oil filter, fuel filter & applicable air filterThe following also performed during annual:Check function of slide outs, check slide outseals, grease slide wear pads if necessary.Check all interior cabinet doors & latches.Check telescoping camera body for damage.Check leveling system operationCab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all 593
1| P a g edoors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function.USAR Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Check all interior cabinet doors & latches. Check slide out tray locks & structure for damage. Check leveling system operation. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.Vehicle lighting & emergency lighting to be checked for proper function.BrushVehicle will be inspected for: any leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked.Inspection of unit will consist of fire body structure for any cracks, damage or mount issues.Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance.Vehicle lighting & emergency lighting to be checked for proper function. 594
| P a g eWork ProjectsBelow list multiple work projects completed by Fire Apparatus Solutions Custom, in house built Wireless Hydraulic Actuating Arm:
Major Aerial Repairs
Pump Testing
Scheduled UL Testing & Repair
Tank Removal & Repairs
Aluminum Welding & Modifications
Frame Rail Repair
Siren, Lighting, Radio & Decal Package
Plumbing Modifications
Custom SS Tig Welding
595
2 | P a g eMajor Body/Collision Repair:At our facility, we offer body repair, panel/structural/plumbing modifications, and repairs. Pump testing, 3rd party Ladder testing. We can perform all Major/minor bumper-to-bumper truck service & repair. Proficient in electrical, air systems, welding stainless steel, steel, and aluminum. Authorized Service Facility CertificationsSee pagesFAS Employee QualificationsBelow is a list of Fire Apparatus Solutions fire mechanics who may perform work on the City of Rialto fleet during the contract period, if awarded, along with their qualifications and certifications.William Kalmikov – General ManagerWork ExperienceExperience of Overhauling: CAT, CUMMINS, DETROIT ENGINESExperience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspen-sionsExperience of repairing 12V DC electrical starting/charging systemsExperience of performing repairs to pneumatics/air systemsExperience of performing diagnostics & some repairs to gensets (onan/Harrison)Experience of performing/repairing metal fabrication consisting of Aluminum, stainless steel, and steelExperience of welding: Aluminum, Stainless, Steel. Both TIG & MIG processesExperience of performing/repairing BIGFoot/Auto leveling systemsExperience of rebuilding/repairing Waterous, Hale & Darley PumpsExperience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steering, genset, foam)Experience of rebuilding/repairing Air conditioning and heater systemsExperience of rebuilding/repairing Foam systems: Foam Pro, Waterous, HuskyExperience of performing Pump testingExperience of performing aerial Inspections, pre- 3rdparty testingExperience of performing repairs to Aerials, all aspects from rung, K brace, cables, sheaves, e chains,monitors, electrical interlock functions, waterway rebuilds and psi testing.Work History 1993-1995: 911 Engineering1995-1998: Evans Dedicated Systems1998-2005: Rush Peterbilt Truck Centers2005-Present: Fire Apparatus Solutions 596
2 | P a g eCertifications: ASE: Brakes, PM, Engines, Suspension/Steering, ElectricalBendix: Air brake systemsCFMA: Aerials, Pumps, ValvesClass A Driver LicenseDealer LicenseEVT: Fire Pumps, MaintenanceGolden West College Diesel automotive program for electrical and enginesHVAC, Air conditioning systemsMeritor Wabco: ABSMeritor: Foundations, Brakes, Disc Brakes, PneumaticsPeterbilt Factory Trained on entire chassisSmeal Factory Trained: Pumps, aerials, Platforms, MultiplexingSpartan Factory Trained: Electrical multiplexing, brakes (Meritor), suspensionSutphen Factory Trained: Electrical multiplexing, brakes (Meritor),suspensionSvi Factory Trained: Electrical 12v dc, 120v ac, MultiplexingWelding Steel, Mig process, OverheadRussell Champlin - Mechanic Work Experience Experience 2005-presentExperience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridgewell suspen-sionsExperience of Performing alignments, 12v dc electrical starting/charging systemsExperience performing/repairing pneumatics/air systemsExperience of performing/repairing HVAC systemsExperience of performing/repairing metal fabrication consisting of Aluminum, stainless steel, SteelExperience of welding: Aluminum, Stainless, Steel. Mig ProcessExperience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steering, genset, foam)Work History 2005-2008: Champlin Diesel Repair2008 – 2012: Valew Truck Bodies2012 – 2015: Double Eagle Transportation2015 – 2018: Kovatch Mobile Equipment2018 – Present: Fire Apparatus SolutionsCertifications ASE, T5 suspension and steeringASE, T4 air systems and brakesMeritor brakes, air and foundation, suspensionEVT: Maintenance, Inspection, & Testing of Fire ApparatusEVT: Design & Performance Standards of Fire ApparatusEVT: Fire Pumps & AccessoriesAngel Danny Fuentez- Mechanic Work Experience Extensive experience providing technical service, maintenance, and repairs for fire apparatus, heavy-duty trucks, and specialty equipment. 597
2 | P a g ePerform general and advanced diagnostics, maintenance, and repairs on diesel and gasoline-poweredvehicles, engines, and related components.Overhaul gasoline and diesel engines, including major engine repairs and component replacement.Read and interpret repair orders, diagnose mechanical issues by observing and testing vehicle opera-tion, and develop effective repair procedures.Inspect and service safety systems, including protective guards, fasteners, and other critical safety de-vices to ensure compliance and operational readiness.Diagnoses and troubleshoot mechanical, electrical, hydraulic, pneumatic, and braking system failures.Inspect, lubricate, service, and maintain diesel engines and associated equipment.Perform fluid and filter inspections, replacements, and preventive maintenance services.Inspect, repair, and maintain electrical, air, brake, and other support systems.Verify that all safety devices and vehicle systems are operating properly before returning equipment toservice.Identify and process warranty-related repairs, ensuring warranty parts are properly tagged and docu-mented.Stay current with manufacturer technical bulletins, service procedures, and factory training.Mentor and assist less experienced technicians with diagnostics, repairs, maintenance procedures, andequipment adjustments.Maintain positive customer relationships through professional communication and quality workman-ship.Maintain accurate electronic records, including repair orders, labor time, and parts usage.Ensure a clean, organized, and safe work environment by doing routine housekeeping and maintainingshop equipment.Assist in all areas of the maintenance facility as needed to support operational requirements.Perform additional duties as assigned to support the maintenance and service operations.Work History 2022-2025: Valley Power Systems2025 – Present: Fire Apparatus SolutionsCertifications EVT: Fire Pumps & Accessories, expires 6/30/31CA State Fire Marshal – Fire Pumps & AccessoriesCA State Fire Marshal – Electrical SystemsDETROIT Heavy Duty Certs – Professional, Systems Distributor, Air and Aftertreatment, Basic Di-agnostic, Fuel System, and Major RepairDeutz- Advanced SerDia CC3 Technician Certification & Advanced SerDia CC2 Technician Certifi-cationIsuzu Diesel - E-IDSS Software, Policy and Procedures, PTRC - PowerTrain Resource Center, 3CEngine Overview, new product introduction, Tier 4 Final 4LE2 Engine, and Tier 3 EngineAllison eLearn - TT-12-MA01.0FAC, TT-EGENPWR-FAM01.0FAC, TT-03-OH01.0FAC, TT-34-MA01.0FACUTI – Diesel Technology IIJuan Espino- Mechanic Work Experience Over 15 years of experience maintaining, diagnosing, repairing, and servicing fire apparatus, heavyequipment, and commercial vehicles. 598
2 | P a g ePerforms preventive maintenance, annual inspections, and repairs in accordance with NFPA standardsand manufacturer specifications.Diagnoses and repairs mechanical, hydraulic, electrical, brake, suspension, steering, and fuel systems.Services and repairs fire pumps, foam systems, valves, plumbing components, and related apparatusequipment.Performs pump maintenance, calibrations, testing, and troubleshooting of water and foam deliverysystems.Conducts aerial ladder inspections, repairs, and maintenance.Reads and interprets electrical schematics, wiring diagrams, blueprints, and technical service manuals.Fabricates and repairs steel and aluminum components using welding and metal fabrication techniques.Installs apparatus equipment, emergency lighting, warning systems, and specialty fire service accesso-ries.Performs field service repairs and emergency response maintenance to minimize apparatus downtime.Maintains accurate service records, prepares repair estimates, orders parts, and coordinates repairschedules.Supervises technicians, provides technical guidance, and assists with troubleshooting complex repairs.Ensures all repairs comply with applicable NFPA, DOT, OSHA, and manufacturer safety require-ments.Committed to delivering high-quality workmanship while maintaining exceptional customer serviceand fleet reliability.Work History April 2013 – Feb 2018: Drykef, Inc.March 2018 – December 2023: SoCal FleetJan 2024 – Feb 2024: SVT ServiceFeb 2024 – Present: Fire Apparatus SolutionsCertifications EVT: Fire Pumps & AccessoriesKimball Midwest – Abrasive Safety SeminarSTEMCO Kaiser: Maintenance Training and King Pin InstallationMartin Vickers- Mechanic Work Experience Experience of Overhauling: CAT, CUMMINS, DETROIT, INTERNATIONAL & Kabota EN-GINESExperience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspen-sionsExperience of Performing alignments, 12v dc electrical starting/charging systemsExperience of performing/repairing pneumatics/air systemsExperience of performing/repairing metal fabrication consisting of Aluminum, Stainless, SteelExperience of welding: Aluminum, Stainless, Steel. Both TIG & Mig ProcessExperience of performing/repairing hvac systemsExperience of rebuilding/repairing Waterous, Hale & Darley PumpsWork History 1986 – 1989: G. James Truck & Equipment1989 – 1995: Colton Truck Terminal1995 – 1996: Los Angeles Freightliner1996 – 1997: Garner Trucking 599
2 | P a g e1997 – 2000: SMA Equipment (Komatsu)2000 – 2001: Johnson Machinery2001 – 2005: HHB Inc.2005 – 2008: Road Machinery LLC (Komatsu)2009 – 2014: Colton Truck Terminal2014 – Present: Fire Apparatus SolutionsCertifications EVT: Fire Pumps & AccessoriesCA State Fire Marshal – Allison transmissionCA State Fire Marshal – Fire Pumps & AccessoriesCFMA – Allison TransmissionCHP & FMCSA - DOT Annual InspectionKimball Midwest – Abrasive Safety SeminarSTEMCO Kaiser: Maintenance Training and King Pin InstallationAryan Miller- Mechanic Work Experience Over four years of experience performing maintenance, inspections, diagnostics, and repairs on fireapparatus and heavy-duty equipment.Performs preventive maintenance, annual inspections, and mechanical repairs on fire apparatus in ac-cordance with manufacturer specifications and NFPA standards.Diagnoses and repairs hydraulic, electrical, and mechanical systems to ensure safe and reliable appa-ratus operation.Assists with fire pump maintenance, apparatus inspections, troubleshooting, and component replace-ment.Utilizes technical manuals, wiring diagrams, and diagnostic equipment to identify and resolve equip-ment issues efficiently.Committed to delivering quality workmanship while maintaining a safe, reliable, and customer-focusedservice environment.Work History 2021 – Hydraulic Shop2021 – Present: Fire Apparatus SolutionsCertifications EVT: Fire Pumps & Accessories, exp 10/18/2030EVT: Maintenance, Inspection, & Testing of Fire Apparatus, exp 10/18/2030C.E. Niehoff & Co Basic Electrical TroubleshootingKimball Midwest – Abrasive Safety SeminarSTEMCO Kaiser: Maintenance Training and King Pin InstallationChristopher Hernandez- Welder Work Experience Performs welding, fabrication, repair, and structural modifications on fire apparatus and heavy-dutyemergency vehicles.Fabricates and repairs steel components, mounting brackets, body panels, and structural assemblies tomanufacturer and customer specifications.Assists with body repairs, equipment installations, and apparatus modifications to support fleet mainte-nance and customization. 600
2 | P a g eUtilizes GMAW welding techniques to produce high-quality welds on structural steel while maintainingsafety and workmanship standards.Works collaboratively with service technicians to complete apparatus repairs efficiently and minimizevehicle downtime.Committed to delivering quality craftsmanship and ensuring all welding repairs meet industry standardsand customer expectations.Work History2023 – Present: Fire Apparatus SolutionsCertificationsWelder Certification Center – Basic Welding GMAW Structural Steel ProgramWelder cert - Level I Welding - GMAW Structural Steel - Flat & HorizontalWelder Cert - Level II Welding - GMAW Structural Steel - VerticalWelder Cert - Level III Welding - GMAW Structural Steel Certification - OverheadCFMA & EVT CertificationsSee pagesNFPA Certification / TrainingFire Apparatus Solutions (FAS) provides all technicians and supervisory staff with current NFPA standards and reference materials to support ongoing training and professional development. Person-nel are encouraged to regularly review applicable NFPA standards to maintain current knowledge of industry best practices, codes, and regulations. FAS also supports technicians in obtaining and main-taining applicable industry certifications to ensure compliance with current NFPA guidelines.See pages for NFPA certificationsWelder Certification 601
2 | P a g eOccupational LicenseFAS maintains a current California Occupational (Dealer) License, which is valid through Sep-tember 2027. The license will be renewed prior to its expiration to ensure continuous compli-ance with all applicable state licensing requirements. A copy of the current Occupational Li-cense is provided on the following pages.Parts AvailabilityFire Apparatus Solutions (FAS) maintains a comprehensive inventory of regularly stocked OEM andaftermarket replacement parts for the apparatus and equipment we support. Our inventory includescommon maintenance items, filters, belts, hoses, valves, electrical components, lighting, hardware,fittings, pump components, and other high-use replacement parts to minimize equipment downtime.For parts that are not regularly stocked, FAS utilizes an established network of authorized manufac-turers and distributors to source OEM replacement parts quickly. Most non-stocked items are or-dered on the same business day they are identified, with expedited shipping available when necessaryto reduce vehicle out-of-service time.The City of Rialto will not be responsible for freight charges on regularly stocked inventory items oron warranty replacement parts. Freight charges will only apply to special-order or non-stocked itemswhen expedited or manufacturer shipping charges are required and have been approved.As the authorized service facility and parts distributor for multiple fire apparatus and equipmentmanufacturers, FAS has direct access to factory inventories, allowing us to efficiently procure partsand provide timely repairs while minimizing downtime. 602
2 | P a g eSample List of Stock Parts Item Part Number Price Unit Oil Filter BD50000 $98.75 Each Fuel Filter Water Separator R90P $72.39 Each Fuel Filter BF46129 $129.06 EachP66 15W-40 Engine Oil 15W-40 $26.29 Per GallonHaldex Air Dryer Cartridge 109994K $70.16 Each Engine Air Filter PA2722 $381.46 Each Brake Can Diaphragm DP30L $19.57 EachCoolant Red 50/50 50/50 $14.84 Per Gallon 16" OSS Tube Light 73016 $56.71 Each Low Beam Headlight (JW Speaker) 1038485 $899.47 Each AW-68 Hydraulic Oil 80086 $25.50 Per GallonBrake Pads 1237707 $1,009.56 Per Axle 5/8" Heater Hose 28441 $6.60 Per Foot Group 31 Battery BT31S93EXCH $152.98 Each Belt K060790 $55.17 Each Red Whelen Flasher 60R02FRR $165.99 Each Brake Drum 16.5" × 7" 56864B $215.99 Each Description of FAS Facilities See Page 1 of proposal for list of equipment and diagnostic tools usedRialto location: 3 Service bays, capable of housing up to 12 apparatus indoorsBay Doors - (2) 12.5' wide x 14' tall and (1) 12.5' x 16' tallRialto Location – Lot Size: 1.63 acres, 13,000 Square feet buildingFontana location - Hawthorne Ave: 2-acre all-concrete lot. (2) Buildings. Main buildingcapable of housing up to 24 apparatus. Second building capable of housing up to 9 appaatus.Fontana Main Building – 17,200 Square Feet Freestanding Metal building with 18,000+ SF ofoffice space.o5 - 12' x14' Ground Level Doors.oCraneway 250' W x 60' L with 2 - 5 Ton Cranes (18' Underhook)Fontana Second Building – 9,200 Square Feet Freestanding Building with 1,200 Square feet of-fice space.o2 - 12' x 14' Ground Level Doors 603
2 | P a g ePublic Agency ReferencesAgency: City of Redlands Agency: San Manuel Band of Mission IndiansAddress: 1270 W. Park Ave., Bldg E Address: 26540 Indian Service RoadRedlands, CA 92376Highland, CA 92346Contact: Chief Nathaniel Bristol Contact:Chief Ken Bryson Phone Number: (909) 836-4609 Phone Number: M:(909) 855-6179 Email: [email protected] Email: [email protected]: City of Colton Agency: Riverside County Fire Address: 303 E. Street Address: 210 W . San Jacinto Street Colton, CA 92324 Perris, CA 92570 Contact: Chief Josh Gilliam Contact: Sal Lopez, FEM Phone Number: (951) 333-5461 Phone Number: (760) 275-5055Email: [email protected] Email: [email protected] Agency: City of Loma Linda Agency: City of Corona Address: 11325 Loma Linda Dr. Address: 760 Public Safety Way Loma, Linda, CA 92354 Corona, CA 92878-4002 Contact: Chief. Mike Atchinson Contact: Justin Detmer Phone Number: (909) 559-7181 Phone Number: (951) 403-1981Email: [email protected] Email: [email protected] All above listed references Fire Apparatus Solutions currently holds service/repair contracts with. 604
| P a g eState and Local Business LicensingCity of Rialto Business License:
Sellers Permit:
605
606
1/10/2025
607
Kalmikov Enterprises, Inc. Fire Apparatus Solutions
2 6 4 5 7 4 6 0 903/04/2025
608
609
610
611
612
613
Cummins Inc.301 E Market St, Indianapolis, IN 46204 [email protected] 28 July 2026To whom it may concern, CERTIFICATIONAs of the date hereof, we hereby certify that Fire Apparatus Solutions, domiciled at 1762 South Sycamore Avenue, Rialto, California is an authorized Cummins Dealer for the Product(s), Service Level(s), and Market Application(s) identified in Schedule 1 attached hereto.As a Dealer of the Product(s), the Company has the authority to sell, service, manage any warranty program, sign sales and service contracts, and render information with respect to the Product(s) as specified in Schedule 1. Sincerely,Kirby Barnett 614
Products Service Level Market Application L9 CM2450 L126B LITE REPAIR EMERGENCY VEHICLES (FIRE/EMS) X12 CM2450 X137B LITE REPAIR EMERGENCY VEHICLES (FIRE/EMS) X15 CM2350 X116B LITE REPAIR EMERGENCY VEHICLES (FIRE/EMS) 615
7/28/2026City of Rialto Attn: Purchasing RE: To whom it may concern,it relates to the purchase of Spartan, Smeal, and Ladder Tower aerial products. They are the sole source provider of trucks, warranty, and proprietary parts for all three brands under the Spartan umbrella.Best Regards, Philip J. Gerace Sr. Director of Dealer Development 616
CITY OF RIALTO
DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.
For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.
Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee or
Consultant
Relationship Between the
Two
By submitting this [application/proposal], or supplying any goods or services to the City, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section
2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.
Date:
Name of Person/Entity:
Title:
Signature:
Revised - July 2026
N/A
N/A
N/A
Kalmikov Enterprises, Inc. dba: Fire Apparatus Solutions President
8/18/2026
617
2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; disc ussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or s tate conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. 618
(6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was i n the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a gra nt, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.
619