Santa Monica City Council
January 13, 2026

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LEWIS BRISBOIS BISGAARD & SMITH LLP
JOSHUA S. HODAS, SB# 250802
[email protected]
TAMARA McNULTY (Washington D.C. Bar No. 1022637)
[email protected]
GARRETT A. DEAN (Colorado Bar No. 41924)
[email protected]
MARIA K. SHOCKLEY (Tennessee Bar No. 40528)
[email protected]
2112 Pennsylvania Avenue NW, Suite 500
Washington, DC 20037
Telephone: 202.558.0655
Facsimile: 202.558.0654
Attorneys for Carlos Guzman, Inc.

BEFORE THE CITY OF SANTA MONICA

OFFICE OF THE CITY MANAGER
Carlos Guzman, Inc.,
Petitioner,
vs.

City of Santa Monica (Department of
Transportation0,
Respondent.

Bid ID: 4506
Project #194716
NOTICE OF BID PROTEST BY CARLOS GUZMAN. INC.

INTRODUCTION
On behalf of Carlos Guzman, Inc. (CGI), its attorneys, Lewis Brisbois Bisgaard and Smith, LLP, brings this bid protest pursuant to Santa Monica Municipal Code (“SMMC”) § 2.24.260. This protest arises from and challenges the arbitrary and capricious evaluation and scoring of proposals in response to the request for proposals on Bid ID: 4506 / Project #194716 (the “RFP”) (Exhibit A)—an important procurement to provide Transit Bus Body and Paint Repairs (the “Project”) to the City of Santa Monica Department of Transportation (“SMDOT”). 167490537.6 2
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I. THE SOLICITATION AND BID CALENDAR
On Friday October 10, 2025, SMDOT posted its release of the Project. SMDOT sought bids to provide body repair and painting services to its fleet of transit buses including 30', 40', and 60' buses. Exhibit A § 2.1.

SMDOT set several deadlines associated with the RFP. It set the Question Submission Deadline for October 16, 2025, 3:00pm. SMDOT instructed that questions were to be submitted online in the “Q&A” tab. It stated that the City would only accept or respond to questions submitted through the online vendor portal. SMDOT also set the Question Response Deadline for October 27, 2025, 3:00pm. Finally, SMDOT set the Bid Submission Deadline for November 3, 2025, 3:00pm.

Id., § 2.3. SMDOT published its Notice of Award on November 18, 2025. See Results (Exhibit B).

The deadline to file a protest was seven calendar days. Exhibit A § 3.14 The RFP stated:

The award, if any, will be made to the best bidder(s). In evaluating whether a bidder(s) is (are) the best bidder(s) pursuant to the Santa Monica Municipal Code, City may utilize some or all of the following criteria:
(1) Price.
(2) The quality of the material or services offered.
(3) The ability, capacity, and skill of the bidder(s) to perform the contract or provide the materials or services.
(4) The capacity of the bidder(s) to perform the contract or provide the service promptly, within the time specified, and without delay or interference.
(5) The sufficiency of the bidder’s financial resources. (6) The character, integrity, reputation, judgment, training, experience, and efficiency of the bidder.
(7) The ability of the bidder(s) to provide such future maintenance or service as may be needed.
(8) Any other factor which will further the intent set forth in Section 608 of the City Charter.

The City of Santa Monica (the “City”) shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary bidder. Exhibit A, § 3.2 (Emphasis added).
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In the RFP, SMDOT stated that “Bids are awarded based on the best bidder and may be contingent upon City Council approval.” It went on to state that “Bids are evaluated based on pricing, availability, experience, and references.” Exhibit A, §11.5 (emphasis added). It is notable that the one thing SMDOT did not provide as part of the RFP was any discussion of what method it would use to score proposals and the weight the scores would be given (as seen in this table):1 Exhibit A § 15.

SMDOT clearly laid out the Scope of Work on the Project, in pertinent part, as follows:

Provide body and repair services for City of Santa Monica Department of Transportation (SMDOT) fleet of transit buses including, but not limited to, complete bus repainting, body repairs and interior painting and refinishing; fabrication of interior and exterior panels, stanchions and other related components and parts.

Provide bus pick-up and delivery service for all bus types.

Pick-up and delivery shall be from SMDOT (1620 6th Street Santa Monica CA, 90401) to bidder location and from bidder back to SMDOT.

Digital pictures of before and after body repairs must be available for a minimum of three years. Provide a report including pictures of vehicle initial condition, mid-repair, and finished repairs upon completion of work
Provide an estimate prior to beginning work on any SMDOT vehicles, estimate must be approved by the Transit Vehicle Maintenance Superintendent or designee prior to beginning work.

All body and paint repairs shall be preauthorized by the SMDOT.

Buses that are in the process of repair shall be made
available for inspection at any point during the repair process.

Proof of purchase documents, including packing slips and invoices shall be made available upon request from SMDOT Transit Maintenance Supervisor.

Subcontractors perform any part of bus body repair services.

The contractor must submit written request for approval of subcontractors indicating the scope of work to be performed by the proposed subcontractor.
***
1 This is highly unusual in public procurements.
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DESCRIPTION OF WORK EXPECTED
All areas with rust corrosion shall be stripped of paint, rustproofed, filled in or sectioned with new material, sanded, primed, and bus repainted to Santa Monica's bus colors. Roofs and anodized aluminum areas excluded.

Repair of accident and other body damage when requested by the Transit Vehicle Maintenance Superintendent or his designee.

All repairs and painting shall conform to OEM
specifications, including product specifications and bus builder specifications.

Santa Monica may provide some bus body parts. However,
the contractor may have to supply body panels and parts, decals and/or fabricate parts that are no longer available from bus manufactures. All miscellaneous supplies such as fasteners, paint, masking tape, and other commonly stocked items will be supplied by bidder.

All rusted areas shall be treated with a chemical treatment that bonds with the remaining traces of rust to stop further rusting from happening.

Body panels shall be installed in a uniform manner using OEM approved materials and methods.

Fit and finish shall meet or exceed OEM specification.

The use of double stick tape shall only be used in areas that are approved by the OEM.

All decals, interior and exterior shall be installed prior to delivery of the bus. Buses with decals out of place and/or missing will not be accepted and must be corrected by the contractor.

Buses shall be picked up and delivered back to Santa Monica Big Blue Bus located at 1620 6th Street, Santa Monica. Contractor will be required to show that they have staff with a current commercial driver’s license and the necessary licensing and insurance coverage to transport 30’, 40’ and 60’ transit buses as required by Federal, State and local Laws, Rules and Regulations.

Contractor must dispose of all hazardous waste in
accordance to Local, State and Federal rules, laws and regulations governing the disposal of hazardous waste. Id., § 4.1
Finally in the Vendor Requirements Section, SMDOT stated, in pertinent part that:

Bidder must have a fully enclosed paint booth in their
facility; all painting shall be performed in a paint booth. Bidder must have the ability to accommodate painting of 60’ buses in compliance with applicable Federal, State and local laws, rules and regulations.
***
Bidder must have a minimum of five (5) years of full-time experience repairing and painting transit coach body damage caused by collision, rust, aging, and/or any interior and exterior damage. Bidder must have experience performing body repairs and 167490537.6 5
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painting on transit buses.
***
Bidders must provide, as part of your bid, an experience statement including a list of clients and the size of the bidders [sic] contracts with those clients. Id., § 4.2 (Emphasis added).

In short, SMDOT wanted highly qualified and experienced vendors for the work.

With respect to costs the vendors were to fill out two tables where the first three columns were filled out by SMDOT and the Vendors were to provide the Unit Costs and total by multiplying the unit cost with the “estimated” quantity of the work to be performed. The tables were provided with the RFP and also as excel spreadsheets to be downloaded and filled out by the bidder.

The first table was titled “Bus Body Repair” and was provided as follows:

The second table was titled “Other Costs” and was provided as follows:
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II. THE BID AND THE NOTICE OF AWARD
CGI timely submitted its Proposal on November 3, 2025. Exhibit B. CGI’s paint samples were submitted timely for testing along with its proposal.

On November 18, 2025, SMDOT issued its Notice of Award. See Exhibit C. It provides that SMDOT intends to award the contract resulting from the RFP to A&A Fleet Painting, Inc. (A&A).

This intention arises from the offerors having received the following scores during the bid review:

See Exhibit C.

On the Results section of the RFP website, SMDOT also posted the pricing provided by A&A, CGI and Fleet Collision Center, Inc.’s (the third, and lowest-ranked bidder) but not the comments sections for any of the bidders. The pricing provided by each offeror in the Bus Body Repair and Other Costs spreadsheets was as follows (see Exhibit C):
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III. TIMELINESS AND STANDING
This protest is submitted by the November 25, 2025 filing deadline set by SMDOT, and is, therefore, timely. See SMMC § 2.24.260(a). CGI is an actual bidder with a direct economic interest in the procurement that would “potentially be in line for award if the protest were sustained” and as a result, CGI is an “interested supplier” with the right to protest pursuant to SMMC § 2.24.260(b).

IV. CGI’S BACKGROUND AND EXPERIENCE AND ABILITY TO PERFORM THIS CONTRACT VASTLY EXCEED A&A’S
As shown on the two pricing forms posted by SMDOT, CGI’s price was marginally higher than A&A’s price. As shown in the Results, A&A was ranked the same in experience as CGI at 50.

As discussed below, there are certain issues with the evaluation of A&A’s pricing. See Exhibit C The truly glaring issue here, however, is that the two offerors were assigned identical 50-point experience values in spite of CGI’s actual experience in the relevant areas being almost incomparably greater.

A. CGI’s Background and Experience
CGI is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. It has been in business for 41 years, providing repaint, accident damage repair, and renovation services to transit agencies. CGI works with City, State, Federal and private transportation organizations throughout the United States. See Exhibit B, pg. 1. This is CGI’s only business.

CGI employs and contracts highly trained staff which includes structural, electrical, mechanical, air brake, hydraulic, powertrain, structural car body, specialty welding, and paint expertise. CGI works hard to assure its customers the highest level of consistency and timely completion of projects. Id.

CGI has nineteen artisans, technicians and engineers whose full-time jobs are the repair and refurbishment of buses and railcars. Combined, they have over 250 years of experience in such work.

CGI has a fully enclosed, AQMD-permitted paint booth in their facility that is capable of accommodating the painting of 60’ buses in compliance with applicable Federal, State and local laws, rules and regulations—as is required in the RFP.
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Significantly, CGI has had contracts with Santa Monica to do exactly the work covered by this contract for the past 25 years, and the city’s multiple renewals of its contracts for this work speaks volumes as to the city’s satisfaction with CGI’s work. CGI has 12-14 non-administrative employees assigned full-time to the Santa Monica work; all of whom are deeply familiar with the City’s requirements and needs because they have each been working for years on this project.

Indeed, a number of those artisans, technicians and engineers have worked exclusively on Santa Monica’s buses for over two decades, and none have been on the project for less than seven years.

It is also important to note that CGI is the premier painter of transit vehicles in the country.

It has been said that if you want your vehicle to look like it just rolled off the Ferrari assembly line, CGI is the company that provides that level of painting expertise. This is demonstrated by the fact that Axalta (formerly Dupont), the supplier of the paints and finishes used on the Santa Monica buses, has extended a ten-year warranty on its paints and finishes when they are applied by CGI.

CGI is the only company in the United States through which Axalta offers a ten-year warranty.

Because of the respect held for CGI in the industry, it has also been chosen as the exclusive distributor for Hubner vehicle-articulation-joint units and parts to the aftermarket in the United States. A large number of Santa Monica buses employ these joints and SMDOT regularly needs them to be refurbished or replaced. CGI has experience (as well as direct access to Hubner engineers) unequaled in the United States regarding such work.

Finally, as set forth in the bid exhibits, CGI has substantial experience with performing contracts of this size, and larger, for transit agencies all across the country. See CGI work history (Exhibit D).

B. A&A’s Background and Experience
A&A’s experience with projects of this type could not be more starkly different from CGI’s.

A&A has only been in business for 22 years and does not work exclusively in, or even specialize in, transit vehicle repair, refurbishment and painting, as CGI does. 2 2 While A&A apparently has done some limited work on behalf of local transit agencies, its own advertising describes it as primarily working on cars, trucks and recreational vehicles, as seen in the below paid Google advertising placement:
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Crucially, on information and belief (and as set forth in greater detail below), A&A does not have a fully enclosed paint booth at its facility of sufficient size to paint a 60’ bus as required by the RFP.

Upon information and belief, A&A is a much smaller company with few if any employees with anywhere near the experience in transit vehicle repair, refurbishment and painting as even the most junior of the CGI employees already working on Santa Monica buses.

And, of course, it has no experience at all with the specific needs and operations of the Santa Monica agency and facility. Nor can it provide the ten-year manufacturer-backed paint warranty from Axalta, or the benefits of CGI’s direct relationship with (and expertise in) Hubner articulation joints, both of which are central needs in connection with this contract.

Further, A&A does not appear to have experience with projects of this size, as required in the RFP (See Exhibit A §§ 4.2 and 13.15) and only has experience with smaller projects. See State of California work history of A&A (Exhibit E).

Finally, on information and belief, based on the short bid-review process, any paint samples that may have been submitted by A&A have not been formally tested by SMDOT to confirm that they meet the needs of the City of Santa Monica Big Blue Bus. SMDOT, in contrast, has twentyfive years of experience with the quality and longevity of CGI’s paint work.

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SUBSTANTIVE GROUNDS FOR PROTEST
I. STANDARD OF REVIEW
The review of a local entity’s legislative determination is through ordinary mandamus with the “ultimate questions” being “whether the agency’s decision was arbitrary, capricious or entirely lacking in evidentiary support, contrary to established public policy or unlawful or procedurally unfair.” Mike Moore’s 24-Hour Towing v. City of San Diego, 45 Cal. App. 4th 1294, 1303 (Cal. 4th D.C.A. 1996). Factual findings by the public entity are given deference “when they are supported by substantial evidence.” Eel River Disposal & Resource Recovery, Inc. v. County of Humboldt, 221 Cal. App. 4th 209, 224 (Cal. 1st D.C.A. 2013).

II. THE EVALUATION COMMITTEE’S ACTIONS WERE ARBITRARY AND CAPRICIOUS,

ENTIRELY LACKING IN EVIDENTIARY SUPPORT, AND PROCEDURALLY UNFAIR A. Because This Procurement Was Sought Under Santa Monica Municipal Code § 2.24.220 (Formal Procedures) the Failure to Provide the Scoring for Cost and Experience, or the Weight to Be Given These Two Scores, is Arbitrary, Capricious and Procedurally Unfair.
“Generally, a public entity’s failure to use correct and exclusive criteria to award a public contract may constitute an abuse of discretion.” Cypress Security, LLC v. City and County of San Francisco, 184 Cal. App. 4th 1003, 1011 (Cal. Ct. App. 2010). The failure of SMDOT to include the information for the evaluation criteria leave open the question of whether it used exclusive criteria. SMDOT’s failure to tell the bidders, in the RFP, how the two criteria of Experience and Cost were to be scored, as well as the failure to tell bidders how these scores would be rated, resulted in a process that was opaque and not in accordance with the City’s own Municipal Code that Procurements be competitive. See Santa Monica Public Charter Article VX § 1508 (2025). When contracting for contractual services over $250,000 the formal procurement procedures apply. See SMMC § 2.24.130(b)(3). The formal procurement procedures are as follows:
(a) The Purchasing Agent shall issue a formal notice inviting bids or request for proposals and shall solicit bids and proposals by:
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(1) Advertising in a newspaper of general circulation in the City of Santa Monica on at least two occasions, the first of which shall be at least ten days before the time for opening received bids; and (2) Posting on the City's online vendor portal website. The Purchasing Agent may require additional notice as the Purchasing Agent determines to be in the best interest of the City. (b) At the time specified in the notice inviting bids or request for proposals, all bids or proposals timely received shall be opened and declared publicly, either in person or through the City's online vendor portal website. (c) The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section 2.24.180… SMMC § 2.24.220 (emphasis added).

While the City has the absolute right to set the applicability and weight of the criteria, it is anathema to a fair and competitive process to hide the points values and the weight of the state criteria. Thus, this procurement was procedurally unfair and non-competitive in its best-buyer selection.

B. Ranking Of CGI And A&A’s Experience Equally—Including the Capacity to Perform this Work in Compliance With the RFP, and all Relevant Laws— Was a Substantial Failure.

Given the vast disparity between CGI and A&A’s capabilities, skill and experience in this business generally, and with Santa Monica’s buses, operations and needs, in particular, it is, frankly, unfathomable that CGI and A&A were given the same ranking of 50 in the “experience” portion of the evaluation. If CGI is a 50, then A&A is stretching for 20.3

1. A&A Lacks Experience in the Field of this Contract as Compared to CGI As stated above CGI has decades more experience with bus repair projects of the size and scope that SMDOT expected when it said in the RFP that “Bidder must have a minimum of five (5) years of full-time experience repairing and painting transit coach body damage caused by collision, rust, aging, and/or any interior and exterior damage. Bidder must have experience performing body 3 Given the highly condensed schedule that SMDOT gave itself to review these proposals it is clear that the proposals were not reviewed in adequate depth. 167490537.6 12
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repairs and painting on transit buses.” Indeed, CGI has over a dozen employees dedicated to the Santa Monica contract that each of these employees have between seven and twenty-five-years’ experience working full-time on Santa Monica buses.

Based on CGI’s research, A&A does not have much experience performing body repairs and painting of “transit buses.” CGI, in contrast, has decades of extensive experience with such work, and performs this and similar work in long-term contracts for transit systems across the country. On information and belief, A&A has never had any projects, even remotely the size of this project. This should have been clear to the evaluation committee since SMDOT required an “Experience Statement” as part of the bid submission See Exhibit A § 3.12. 4 2. A&A Does Not Have a Fully Enclosed Paint Booth Capable of Accommodating a 60’ Bus as Required by the RFP
CGI is also superior to A&A because it has a fully enclosed paint booth of the size required in the RFP and A&A does not. In the exact wording of the RFP: the “Bidder must have a fully enclosed paint booth in their facility; all painting shall be performed in a paint booth. Bidder must have the ability to accommodate painting of 60’ buses in compliance with applicable Federal, State and local laws, rules and regulations.” CGI’s booth and painting permits meet these requirements.

A search of AQMD records show that A&A has permits for two paint booths. One is 43’ long by 14’ wide and 14’ tall. See AQMD Permit G249120 (Exhibit F). The other is 48’ long by

16.5’ wide and 12.25’ tall. See AQMD Permit G24919 (Exhibit G). Neither of these can accommodate the articulated buses that comprise a large fraction of Santa Monica’s fleet, and A&A simply cannot paint such buses in a fully enclosed booth in a manner compliant with Federal, State, and local laws and as required by the RFP.
5 4 While A&A’s website lists several transit agencies it claims to have worked on behalf of, it appears that most or all of these repairs were likely on behalf of MV Transportation, an operations service provider to several Southern California small-city transit agencies which in turn contracts out individual one-off repair projects. There is no record of A&A having ever been awarded any contract anywhere close to the scale of the one at issue here. See Exhibit E. 5 Further, at only 12.25’ high, the longer, 48’ booth is too short to enable painting of the roof of a bus. The buses in the Santa Monica fleet range from 9.7’ to 11.1’ high. 167490537.6 13
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In stark contrast, CGI can perform the work under this contract in compliance with all relevant federal and state laws and regulations including in connection with AQMD requirement and permits. A&A’ lack of a 60’ spray booth—as required by the RFP—should, on its face, have immediately disqualified A&A from consideration at all. The terms “must” and “shall” are clear.

3. A&A’s Facility is Sufficiently Far from Santa Monica to Be a Material Issue in Quality of Performance
Additionally, CGI should have been ranked higher than A&A because its facility is nearly 21 miles closer to the SMDOT’s facility in Santa Monic and therefore is far more able to “perform the contract or provide the service promptly, within the time specified, and without delay or interference.”
Specifically, CGI’s facility in Signal Hill is 30 miles from the Big Blue Bus Maintenance Facility (the “Bus Barn”). As demonstrated in years of performance of prior contracts with Santa Monica, the time to transport a bus between the facilities is typically 30 to 40 minutes. In contrast, A&A’s facility is 52 miles away and an expected 1.5 to 2.25 hours’ drive time. It is important to note that (again, as substantiated by decades of experience doing exactly this work for Santa Monica) many of the repairs to be done under this contract will be completed in two or three days.

Thus, an additional 3 to 4 hours of round-trip transportation time when a bus is out of revenuecollecting service, is a material difference in capability/performance.6

4. The Equal Ranking of A&A and CGI Experience was Arbitrary and Capricious
In short, the evaluation committee simply had to have ignored the facts and evidence in comparing CGI and A&A’s relative experience, and instead, acted in an arbitrary and capricious manner. These rankings are entirely lacking in evidentiary support and are procedurally unfair to CGI and must be overturned.
6 It is also worth noting that this disparity calls into question a part of A&A’s pricing proposal. A&A states that it will not charge Santa Monica anything for vehicle transport time. This is not realistic given the percentage of skilled man-hours of the entire contract that such transportation will absorb.

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C. Ranking A&A’s Cost Proposal Above CGI’s Did Not Take Into Account Factors that Will Affect the True Cost of the Work.

As mentioned above, CGI concedes that its price per unit is marginally higher than A&A’s, but this fact alone should not necessarily mean that A&A should have been ranked higher, let alone 11 points higher, garnering a perfect score. The evaluation committee seems to have failed to factor in how experience and proximity would affect the true cost to SMDOT of having a given vendor perform the work.

It is important to note that the RFP does not call for quoted prices to perform specific repairs or even a particular number of bus repairs overall. Rather it merely requests an hourly rate for a fixed number of hours, with no commitment of what will be accomplished in that time.

CGI’s hourly rates are higher because it has highly skilled employees who are vastly more experienced (generally, and for Santa Monica’s specific needs) than A&A’s staff, and, therefore, can be expected to be more efficient.

Moreover, the true cost of the work includes the time that SMDOT’s fleet buses are out of service. The fact that CGI can complete repairs more quickly and transport a vehicle round trip in one-quarter to one-third of the time it will take A&A to do so means that CGI can turn around the work and have the buses back in revenue-service substantially faster than A&A. (The likely scenario of that additional time for transportation by A&A also being hidden in other estimates and charges is a further issue.)
In light of these facts, the evaluation committee should not have given A&A a perfect cost score and they should have ranked CGI’s cost score higher.

RESERVATION OF RIGHTS
On November 20, 2025, Counsel for CGI submitted an open records request for documents and information related to the bid process and review. Because SMDOT has not yet produced the requested records related to this RFP, CGI respectfully reserves its right to supplement this protest after its receipt of the requested records.
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CONCLUSION
Because CGI was prejudiced by the evaluation committee’s arbitrary and capricious actions in evaluating both the experience of the bidders and the true costs of performance—and its rankings are entirely lacking in evidentiary support and procedurally unfair to CGI—the award decision must be overturned. CGI respectfully requests that (after appropriate investigation) SMDOT take voluntary corrective action and rescind the Notice of Intent to Award, and either: (1) disqualify A&A (due to its lack of experience and its inability to perform the necessary painting work in a manner required by the law and the RFP) and award the contract to CGI; or (2) re-evaluate the Proposals considering the effectiveness of the proposal as a whole, rather than simply by the bottomline cost, or (3) award two contracts, one to A&A and one to CGI.

CGI appreciates the opportunity it was given to submit a proposal in response to the RFP and looks forward to continuing its successful relationship with SMDOT.

DATED: November 25, 2025 TAMARA McNULTY
JOSHUA S. HODAS
GARRETT A. DEAN
MARIA K. SHOCKLEY

LEWIS BRISBOIS BISGAARD & SMITH LLP
By: /s/ Joshua Hodas
JOSHUA S. HODAS
Attorneys for Carlos Guzman, Inc.

Exhibit A
RFP Transit Bus Body and Paint Repairs

CITY OF SANTA MONICA

TRANSIT BUS BODY AND PAINT REPAIRS

INVITATION TO BID
Project ID: 4506
SaMoDOT
RELEASE DATE: October 10, 2025
DEADLINE FOR QUESTIONS: October 16, 2025
RESPONSE DEADLINE: November 3, 2025, 3:00 pm
CITY CONTACT:

David Nanjo
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 1 of 42
City of Santa Monica
Invitation To Bid
Transit Bus Body and Paint Repairs
Table of Contents

1. Notice Inviting Bids

2. Introduction

3. Instructions to Bidders

4. Bid Specification/Scope of Work

5. General Terms

6. Terms and Conditions

7. Insurance Requirements

8. Non-Discrimination Policy

9. Oaks Initiative

10. Living Wage Ordinance

11. Bid Form

12. Certification Regarding Debarment

13. Vendor Submission

14. Pricing Proposal

15. Evaluation Phases
Attachments:

A - CSA Template
B - CSA Insurance Template
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 2 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
1 Notice Inviting Bids

CITY OF SANTA MONICA ONLY ACCEPTS ELECTRONIC BID SUBMITTALS

1.1 NOTICE
Notice is hereby given that electronic proposals of Bid No.4506 shall be received to Transit Bus Body and Paint Repairs, per the attached terms, conditions and specifications. Bids will be electronically opened by the Procurement Office at 3:00 pm (Pacific Time) on Monday, November 3, 2025 viewable on the CITY’S ONLINE VENDOR PORTAL.

1.2 VENDOR QUERIES DUE
Questions must be submitted online in the “Q&A” tab. The City will only accept or respond to questions submitted through the online vendor portal. Questions regarding this bid are due Thursday, October 16, 2025 no later than 3:00 pm Pacific Time.

One question per submittal. (This does not mean one question per vendor.) Submittals containing multiple questions will not be answered.

1.3 ADDENDUM POSTED ONLINE
Responses to inquiries received will be posted online by Monday, October 27, 2025, 3:00 pm Pacific Time.

1.4 BID PACKAGE
Bid packages containing all forms, specifications, terms and conditions may be obtained on the CITY’S ONLINE VENDOR PORTAL. The website for this Notice Inviting Bids and related documents is: OpenGov.

All documents must be downloaded via the links within this bid document. Links or documents found outside the CITY'S ONLINE VENDOR PORTAL may not be accessible.

1.5 ELECTRONIC SUBMISSIONS
Submissions will only be accepted through the CITY'S ONLINE VENDOR PORTAL. They must be received by the specified date and bid opening time.

1.6 LIVING WAGE
Any contractual services agreement issued as a result of this Notice Inviting Bids may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations. In the event the contractual services agreement issued as a result of this Notice Inviting Bids and is subject to the LWO, the Contractor shall pay its employees the Minimum Wage, as that term is defined by the City’s LWO.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 3 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

1.7 APPROVED FOR ADVERTISEMENT
Dated Friday, October 10, 2025.

Teresa Villa

PROCUREMENT MANAGER
Published: SMDP
BID#4506
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 4 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
2 Introduction

2.1 Summary
The Santa Monica Department of Transportation is seeking bids to provide body repair and painting services to its fleet of transit buses including 30', 40', and 60' buses.

2.2 Contact Information
Kellee Mac Donald
Sr. Buyer
1685 Main St. Mail Stop #9
Santa Monica, CA 90401
Email: [email protected]
Phone: (310) 458-8797
Department:

SaMoDOT
Department Head:

Anuj Gupta
Director SaMoDOT

2.3 Timeline
Release Project Date October 10, 2025
Question Submission Deadline October 16, 2025, 3:00pm
Question Response Deadline October 27, 2025, 3:00pm
Bid Submission Deadline November 3, 2025, 3:00pm
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 5 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
3 Instructions to Bidders

3.1 Bid Award
The City reserves the right to award the bid to separate bidders on any of the items as provided in and set forth in the bidder’s proposal form furnished by the City. It is further understood that if the bidder to whom any award is made fails to enter into a contract with the City, award may be made to the next best bidder, who shall be bound to perform as if she, he or it received the award in the first instance.

3.2 Best Bidder
The award, if any, will be made to the best bidder(s). In evaluating whether a bidder(s) is (are) the best bidder(s) pursuant to the Santa Monica Municipal Code, City may utilize some or all of the following criteria:
(1) Price.
(2) The quality of the material or services offered.
(3) The ability, capacity, and skill of the bidder(s) to perform the contract or provide the materials or services.
(4) The capacity of the bidder(s) to perform the contract or provide the service promptly, within the time specified, and without delay or interference.
(5) The sufficiency of the bidder’s financial resources. (6) The character, integrity, reputation, judgment, training, experience, and efficiency of the bidder.
(7) The ability of the bidder(s) to provide such future maintenance or service as may be needed. (8) Any other factor which will further the intent set forth in Section 608 of the City Charter.

The City of Santa Monica (the “City”) shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary bidder.

3.3 Bid Forms
Bids must be submitted on forms supplied by the City of Santa Monica and in accordance with the specifications, terms and conditions contained therein. Bid packages containing all forms, specifications, terms and conditions may be obtained on the CITY’S ONLINE VENDOR PORTAL.

The website for this Notice of Inviting Bids and related documents is OpenGov. . All project correspondence will be posted on the website. It is the responsibility of Bidders to check the website regularly for information updates and Bid clarifications, as well as any addenda. There is no charge for bid package and specifications.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 6 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
All documents must be downloaded via the OpenGov links.

3.4 Electronic Submissions
ELECTRONIC SUBMISSIONS will only be accepted through The CITY’S ONLINE VENDOR PORTAL. For instruction on how to submit an electronic bid please refer to the section titled #Vendor Submission.

3.5 Bid Results/Recommended Award
A tabulation of bids received and recommended award will be posted on the CITY’S ONLINE VENDOR PORTAL.

3.6 Bid Withdraw
Bids submitted may be withdrawn by written request received before the due date and time.

After that time, no bidder may withdraw a bid for a period of ninety (90) days from the date of opening. A successful bidder may not withdraw his, her or its bid at any time.

3.7 Informed Bidder
Before submitting bids, bidders shall fully inform themselves as to the conditions, requirements and specifications of the work or materials specified. Failure to do so will be at bidders’ own risk.

Bidders cannot secure relief on the plea of error or mistake.

3.8 Late Bids
It is the bidder’s responsibility to ensure that any bid submitted shall have sufficient time to be uploaded into the CITY’S ONLINE VENDOR PORTAL prior to bid opening time. They must be received by the specified date and bid opening time. Late bids will not be accepted.

3.9 No Bid
If unable to bid, please select the "No Bid" option button in the CITY’S ONLINE VENDOR PORTAL and provide a brief reason.

3.10 Number of Responses
Bidders may submit multiple bids, if desired. The City is not recommending or suggesting that bidders submit multiple bids. The City is merely stating an available option. If a bidder chooses to submit multiple bids, each must be entirely separate from the others. The City will not collate, merge, or otherwise manipulate the bidder’s bids.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 7 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

3.11 Oral Changes
Any material changes and addenda will be issued in writing. Do not rely upon oral explanations on the meaning of the specifications or interpretations of the terms.

3.12 REQUIRED BID DOCUMENTS (SERVICES)
Bidder shall complete and return the following documents in original page order and format: • Addenda if issued • Oaks Initiative Disclosure Form (if the award amount is >$25,000 annually; identifies recipients of public benefit in relation to political donation restrictions: click here for more information)
• Levine Act Disclosure Form • Experience Statement • List of Sub-Contractors • Living Wage Certification (if the award amount is >$54,200) • Certificate of Compliance • Certification Regarding Debarment • Non-Discrimination Policy Acknowledgment • Non-Collusion Declaration (this does not need to be notarized)

3.13 Successful Bidder Required Documents (Goods)
The following documents will only be required from successful bidder: • Business License (if applicable)

3.14 Protest Deadline
All parties wishing to file a protest shall comply with the procedures set forth in Santa Monica Municipal Code section 2.24.260 found here. Bidder may file a written protest with the Purchasing Agent (mail or deliver to: 1685 Main Street, Santa Monica, CA 90401 ) no more than seven calendar days following the posting of award recommendation on the CITY’S ONLINE VENDOR PORTAL.

3.15 Receiving Time
The submit time and date will be the governing time for acceptance of bids. Bids will not be accepted by in person, telephone, email or facsimile machine. They must be received by the specified due date and time.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 8 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

3.16 Exceptions to Terms and Conditions Bidders must submit any requested exceptions to the City of Santa Monica’s Terms and Conditions and/or Contractual Services Agreement with their bid. The City may, in its sole discretion, elect to allow for exceptions to the standard terms and conditions and/or Contractual Services Agreement before the award is recommended.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 9 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
4 Bid Specification/Scope of Work
Bidders shall review any plans/specifications prior to submitting a bid AND report any errors and omissions during the Q&A period.

4.1 Scope of Work

SCOPE OF WORK
A. Provide body and repair services for City of Santa Monica Department of Transportation (SMDOT) fleet of transit buses including, but not limited to, complete bus repainting, body repairs and interior painting and refinishing; fabrication of interior and exterior panels, stanchions and other related components and parts.

B. Provide bus pick-up and delivery service for all bus types. Pick-up and delivery shall be from SMDOT (1620 6th Street Santa Monica CA, 90401) to bidder location and from bidder back to SMDOT.

C. Digital pictures of before and after body repairs must be available for a minimum of three years. Provide a report including pictures of vehicle initial condition, mid- repair, and finished repairs upon completion of work
D. Provide an estimate prior to beginning work on any SMDOT vehicles, estimate must be approved by the Transit Vehicle Maintenance Superintendent or designee prior to beginning work.

E. All body and paint repairs shall be preauthorized by the SMDOT.

F. Buses that are in the process of repair shall be made available for inspection at any point during the repair process.

G. Proof of purchase documents, including packing slips and invoices shall be made available upon request from SMDOT Transit Maintenance Supervisor.

H. Subcontractors perform any part of bus body repair services. The contractor must submit written request for approval of subcontractors indicating the scope of work to be performed by the proposed subcontractor o RUST AND BODY REPAIR SPECIFICATION

1. corrosion problems vary from bus to bus and in many cases are hidden from view. Contractor must make all reasonable efforts to find and advise the SMDOT staff of all corrosion found, proof of corrosion shall be provided to SMDOT prior to making the necessary repairs.

2. Contractor’s technicians must have training in proper corrosion control practices and procedures.

3. Contractor is expected to repair rusted and damaged areas on buses assigned to them in a timely fashion.
o DESCRIPTION OF WORK EXPECTED
A. All areas with rust corrosion shall be stripped of paint, rust-proofed, filled in or sectioned with new material, sanded, primed, and bus repainted to Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 10 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
Santa Monica's bus colors. Roofs and anodized aluminum areas excluded.

B. Repair of accident and other body damage when requested by the Transit Vehicle Maintenance Superintendent or his designee.

C. All repairs and painting shall conform to OEM specifications, including product specifications and bus builder specifications.

D. Santa Monica may provide some bus body parts. However, the contractor may have to supply body panels and parts, decals and/or fabricate parts that are no longer available from bus manufactures. All miscellaneous supplies such as fasteners, paint, masking tape, and other commonly stocked items will be supplied by bidder.

E. All rusted areas shall be treated with a chemical treatment that bonds with the remaining traces of rust to stop further rusting from happening.

F. Body panels shall be installed in a uniform manner using OEM approved materials and methods.

G. Fit and finish shall meet or exceed OEM specification.

H. The use of double stick tape shall only be used in areas that are approved by the OEM.

I. All decals, interior and exterior shall be installed prior to delivery of the bus. Buses with decals out of place and/or missing will not be accepted and must be corrected by the contractor.

J. Buses shall be picked up and delivered back to Santa Monica Big Blue Bus located at 1620 6th Street, Santa Monica. Contractor will be required to show that they have staff with a current commercial driver’s license and the necessary licensing and insurance coverage to transport 30’, 40’ and 60’ transit buses as required by Federal, State and local Laws, Rules and Regulations.

K. Contractor must dispose of all hazardous waste in accordance to Local, State and Federal rules, laws and regulations governing the disposal of hazardous waste.
o BODY PAINTING
A. Body panels that have been painted shall not have drips, fisheye marks, or dirt or other debris within painted surfaces.

B. All paint repairs must meet or exceed OEM paint specifications C. Contractor must comply with all application procedures as specified by the materials manufacturer
D. Contractor must provide a list of paint products that will be used in vehicle painting repairs
E. The entire painted surface shall be color sanded and buffed.

F. All bus paint applications including primer, base coat and clear coats shall be performed per paint manufacturer recommendations and applied in a fully enclosed paint booth.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 11 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
G. The use of body filler or other like products shall be kept to a minimum.

Contractor shall notify SMDOT Transit Vehicle Maintenance Superintendent when this product is needed and where it is needed. o COLOR CODES
A. OEM Paint codes include Axalta BS537EW and BS540EW
B. Color match all other painting surfaces as needed.

4.2 Vendor Requirements
VENDOR REQUIREMENTS/MINIMUM QUALIFICATIONS • Bidder must have a fully enclosed paint booth in their facility; all painting shall be performed in a paint booth. Bidder must have the ability to accommodate painting of 60’ buses in compliance with applicable Federal, State and local laws, rules and regulations.
• All work shall be performed at bidder location. • Bidder must have a minimum of five (5) years of full -time experience repairing and
painting transit coach body damage caused by collision, rust, aging, and/or any interior and exterior damage. Bidder must have experience performing body repairs and painting on transit buses.
• Bidder technicians must have successfully completed the hands-on training and evaluation to meet the requirements of EPA rule 40 CFR part 63 Subpart HHHHHH National Emission Standards for Hazardous Air Pollutants. • Bidder painters shall be qualified to keep record of accurate coating usage records. • Bidders must provide, as part of your bid, an experience statement including a list of clients and the size of the bidders contracts with those clients. • Bidder must maintain a current copy of their delivery personnel’s (anyone who might be driving SMDOT coaches, as well as any drive-away companies) “Class B” Driver’s License.
• Successful bidders’ repair facilities must be licensed by all Federal, State, and Local (City) governments and must have these licenses posted in their offices. Provide a copy of license as part of this bid. • Bidder must allow SMDOT personnel to visit and approve its repair facility prior to award of bid.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 12 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
5 General Terms

5.1 AUTHORIZED DISTRIBUTOR
Any successful bidder must be an Authorized Distributor for the offered product/equipment or must submit documentation from an Authorized Distributor that the offered product/equipment was from that Authorized Distributor who will then honor all of the manufacturer’s warranties.

5.2 BRAND NAMES/DEVIATIONS/LATEST MODEL
Bidder must state brand name and/or manufacturer of each item proposed in this bid. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications. This provision excludes surplus, remanufactured and used products, unless such material proposed is in lieu of items called for. The City reserves the right to approve equal equipment or material. Bids will be considered on equipment or material complying substantially with specifications provided each deviation is stated and substitution is described, including technical data when applicable, in a letter attached to bid.

Any manufacturer’s names, trade names, brand names, model or catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels.

Such references are not intended to be restrictive. Bids will be considered for any brand which meets or exceeds the quality of the specifications listed for any item; such bids shall state brand name and number and include detailed specifications.

5.3 COMPLIANCE OR DEVIATION TO SPECIFICATIONS
It is understood that the material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids, unless deviations therefrom are clearly indicated in the pages of this Notice Inviting Bids, or in an attachment entitled “Exceptions to Specifications”submitted and signed by bidder or bidder’s authorized representative. In order for the bid to be considered, bidder shall include an explanation for each item to which an exception is taken, giving in detail the extent of the exception and the reason for such exception. Although submittal of a brochure or other manufacturer literature is desirable as additional information, submittal of a brochure or other manufacturer literature as substitution for the compliance/deviation information described above shall not be deemed to be in compliance with this requirement, and may be grounds for rejection of a bid. Bidder shall submit with his, her or its bid full descriptive data, including make and model specifications, general drawings (if applicable), brochures and any other information on the material specified herein.

5.4 DETERMINATION OF SUBSTITUTIONS
The City reserves the right to determine as to whether any substitutions or deviations are within the intent of the bid specifications and will reasonably meet the service requirements of the City.

Furnishing catalog sheets with technical data will not be accepted as proper notice of a substitution or a deviation from the specifications.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 13 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
If the specification allows for “approved equal”, bidder must provide all information with their bid in order for the City to determine if the product offered is an equal to the brand specified and/or meets the technical specifications. The City reserves the right to determine whether the substitution is equal to the brand specified or the stated technical specifications. The decision of the City regarding equality shall be final.

5.5 DELIVERY TIME
Delivery time will be a factor in award of bid, where a maximum time for delivery is stipulated herein. Delivery time must be shown on the Bid Proposal.

5.6 ESCALATION & DE-ESCALATION OF BID PRICE
During the life of a contract awarded pursuant to this Notice Inviting Bids, including any extensions thereof, there may be a general published manufacturer’s price change OR a general market change, as evidenced by prices paid by other governmental entities or private organizations, in either the cost of materials or labor of the product or service specified herein.

Within thirty (30) calendar days of a DECREASE in price, a successful bidder shall have an AFFIRMATIVE DUTY to (1) notify the City of market, manufacturer or laborer decreases in prices; and (2) to extend the full decrease to the City. Failure of a successful bidder to notify the City and/or extend such decrease(s) may be considered a breach of contract.

In event of an INCREASE in price, the City may allow, upon presentation of suitable proof and thirty (30) calendar days’ advanced written notice, an increase over bid price. Increases will apply only to products or services affected by an increase in raw material, labor, or other like cost factors. No increase will be allowed earlier than sixty (60) calendar days from date of contract award, including thirty (30) calendar days’ advanced written notice.

5.7 MANUFACTURER’S WARRANTY
Bids shall be accompanied by a copy or description of the manufacturer’s warranty for the item(s) proposed. The description shall include the length and scope of the warranty, and will be evaluated as a factor in award of bid.

5.8 MEASUREMENTS
It is the responsibility of the bidder to make all measurements to determine contractor’s bid price. The City will not be responsible for determining the quantities of materials necessary to complete the work specified in this Notice Inviting Bids.

5.9 NEW AND UNUSED
Unless specifically provided to the contrary, all items and material specified are new and unused and have the current production year. Bids which are received for other than the current production year, or for items and materials which have been previously used, will be rejected.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 14 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

5.10 REJECTION OF WORK
Bidder agrees that the City has the right to make all final determinations as to whether the work contemplated under this Notice Inviting Bids has been satisfactorily completed.

5.11 SANTA MONICA NAME
Successful bidder is specifically denied the right of using in any form or medium the name of the City of Santa Monica for public advertising unless express permission is granted by the City.

5.12 VENDOR WARRANTY
Any successful bidder shall fully warrant all materials, equipment, including, without limitation, any optional equipment purchased by the City under the terms of this Notice Inviting Bids, against poor and inferior quality equipment and materials, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, any successful bidder shall repair or replace inoperable equipment or material in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable equipment or material.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 15 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
6 Terms and Conditions

6.1 Adherence to All Local, State, and Federal Laws
Contractor must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.

6.2 Cancellation and Termination
The City reserves the right to cancel any portion of this Purchase at any time prior to the delivery of Goods. The City has the option, at its sole discretion and without cause, of terminating this Purchase by giving ten days’ written notice to Vendor.

6.3 Changes
The City has the right, by written notice, to change the quantity or specifications of the Goods ordered and the terms of, shipment or packaging of Goods.

6.4 Delivery & Completion Date
The Goods must be shipped and must arrive at the destination specified on the Purchase Order as “Ship/Bill To” by or before the request date specified therein (“Required Delivery Date”).

Work must be completed by the date specified.

6.5 Delivery Risk of Loss
All orders will be F.O.B. destination if not otherwise specified. Risk of loss or damage to the Goods shall remain with the Vendor until the Goods have been delivered to and accepted by the City. The City may reject any Goods that do not conform to the terms and conditions of the Bid Documents. Any Goods rejected may be returned to the Vendor at the Vendor’s risk and expense.

6.6 Discounts
The date used as the basis for discount calculation shall be computed from the date of receipt of invoice or Goods, whichever is later.

6.7 Discrimination
The Vendor may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability and must comply fully with City’s nondiscrimination policy as set forth in the City’s Bid Documents.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 16 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

6.8 Governing Law, Jurisdiciton
This Purchase shall be construed in accordance with and governed by the laws of the State of California. The purchase of Goods shall take place in Santa Monica, California.

6.9 Integration; Amendment
This Purchase represents the entire understanding of the City and the Vendor as to those matters contained herein. No prior oral or written understanding will be of any force or effect with respect to the terms of this Order. The Order may not be modified except in writing through an amended Order.

6.10 Invoices
An invoice must be mailed to the City at the address specified in the Request for Quotation as “Ship/Bill To” no later than the 5th day after shipment is made. Individual invoices must be issued for each shipment against each Purchase.

Invoices must contain the description of Goods, unit price, quantities billed, extended totals, and applicable taxes.

6.11 Nontransferability
The Vendor may not transfer or assign the PURCHASE ORDER, without the prior written approval of the Purchasing Agent, which may be withheld in his/her sole discretion.

6.12 Packing and Shipping
All deliveries must be shipped F.O.B. destination. Deliveries must be made as specified, without charge, for boxing, crating or storage unless otherwise specified. Shipments for two or more destinations when so directed by the City will be shipped in separate boxes or containers for each destination, at no charge.

6.13 Waiver
A waiver of any breach of this Purchase may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Purchase.

6.14 Warranty
The Vendor warrants that all Goods will conform to applicable specifications, drawings, description, and samples, and will be merchantable, of good workmanship in material, and free from defect. Unless manufactured pursuant to detailed design furnished by the City, the Vendor assumes design responsibility and warrants the Goods to be free from design defect and suitable for the purposes intended by the City, and that such Goods shall conform to applicable specifications. The Vendor’s warranties, together with its service guarantees, must run to the City and its customers or users of the Goods and must not be deemed exclusive. The City’s Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 17 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
inspection, approval, acceptance, use of, and payment for all or any part of the Goods must in no way affect its warranty rights whether or not a breach of warranty had become evident in time.

6.15 Cooperation Between Contractors
When separate contracts are let within the limits of any one project, each contractor shall conduct his, her or its work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other. Each contractor involved shall assume all liability, financial or otherwise, in connection with his, her or its contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him or her.

6.16 Damage
Contractor shall be held responsible for any breakage, loss of City’s equipment or supplies through negligence of the contractor or his, her or its employee while working on the City’s premises. Contractor shall be responsible for restoring/replacing any equipment, facilities, etc. so damaged. Contractor shall immediately report to the City any damages to the premises resulting from services performed under a contract awarded pursuant to this Notice Inviting Bids.

6.17 Force Majeure (Acts of God)
In the event performance under a contract is be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the successful bidder, the successful bidder shall notify the City, in writing, within twenty-four (24) hours, after the commencement of the delay. Such causes may include, but are not limited to, Acts of God, war, or acts of public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather.

6.18 Independent Parties
City and the Vendor will be acting in an independent capacity and not as agents, employees, partners, or joint ventures of one another. Neither the City nor its officers or employees will have any control over the conduct of Vendor or any of Vendor’s agents, employees, nor subcontractors.

6.19 Indemnity
Vendor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Vendor, or Vendor’s employees, agents, officers, Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 18 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
and subcontractors. Vendor’s responsibilities under this section include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Vendor, its employees, agents or officers, or subcontractors; provided, however, that Vendor’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Vendor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Vendor, if City chooses to do so. Vendor agrees to pay any and all costs the City incurs enforcing the indemnity, defense, and hold harmless provisions set forth this section.

6.20 Licenses, Permits and Certificates
The Vendor, at its sole expense, must obtain, and maintain all required business and professional permits, licenses and certificates.

6.21 Nuisance
The Vendor may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of Services under the PURCHASE ORDER.

6.22 Protection of Public
Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

6.23 Purchase of Services
The City agrees to purchase from Vendor, and Vendor agrees to provide the services set forth in; (i) the City’s written solicitation of bids (“City’s Bid Documents”); and (ii) Vendor’s Bid in response thereto (“Vendor’s Bid”) (“Services”). The Services shall be provided in a manner consistent with that level of care and skill ordinarily exercised by members in the same profession, practicing in the same locality under similar conditions. In the event of any conflict, the order of precedence shall be as follows: (i) the City’s Bid Documents; and (ii) Vendor’s Bid.

There shall be no substitution

6.24 Safety
Items covered by a contractual services agreement issued in connection with this Notice Inviting Bids must conform to the Safety Orders of the State of California, Division of Industrial Safety.

6.25 Subcontractors
If the Vendor proposes to have any subcontractor perform any part of the Services other than those disclosed in Vendor’s Bid Documents, Vendor must submit a request to the Purchasing Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 19 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
Agent for approval in writing. The City, in its sole discretion, may grant or deny the request. The Vendor will be responsible for the quality of any subcontractor’s work. Every subcontract of any kind entered into between the Vendor and any subcontractor (or between any subcontractor and others) shall be consistent with the terms and conditions.

6.26 Taxes
The Vendor must separately state on all invoices any taxes imposed by the local, state or federal state government applicable to furnishing of Goods and Services; provided, however, where a tax exemption is available, the tax must be subtracted from the total price and identified.

6.27 Termination
The City reserves the right to cancel any portion of this Purchase Order at any time prior to the delivery of Services. The City has the option, at its sole discretion and without cause, of terminating this Purchase Order by giving ten days’ written notice to Vendor. If Vendor fails or refuses to perform any of the provisions of this Purchase Order, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate Purchase Order by written notice to Vendor. Upon termination of this Purchase Order, City will pay Vendor any compensations earned and unpaid up to the effective date of termination.

6.28 Work Product, Reports
Any work product prepared or caused to be prepared by the Vendor or any subcontractor will be the exclusive property of the City. No work product given to or prepared by the Vendor or any subcontractor may be made available to any individual or organization by the Vendor without prior written approval by the City.

6.29 Venue and Jurisdiction
The City and Vendor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Purchase Order may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Purchase Order.

6.30 Unknown Obstructions
Should any unknown obstruction be encountered during the course of any contract, such obstruction(s) shall be immediately brought to the attention of the City. Contractor shall be responsible for the protection of all existing equipment, facilities, furniture or utilities encountered within the work area.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 20 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

6.31 Waiver
A waiver of any breach of this Purchase may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Purchase Order.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 21 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
7 Insurance Requirements
The insurance documentation is only required from the successful bidder

7.1 Insurance Requirements for Vendors
Vendor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, employees or subcontractors.

7.2Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Vendor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

If the Vendor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

7.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

A. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Vendor including materials, parts, or equipment furnished in connection with such work or operations.

CGL coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 22 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
B. Primary Coverage: For any claims related to this Agreement, the Vendor’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Vendor’s insurance and shall not contribute with it.

C. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.

D. Waiver of Subrogation: Vendor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Vendor may acquire against the City of Santa Monica by virtue of payment of any loss. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

7.4 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Vendor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

7.5 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

7.6 Verification of Coverage
Vendor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 23 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

7.7 Failure to Maintain Insurance Coverage
If Vendor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Vendor resulting from said breach.

7.8 Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

7.9 Footnotes
# 1:Workers’ Compensation insurance coverage is not required if the Vendor does not have employees. The Vendor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 24 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
8 Non-Discrimination Policy

8.1 City of Santa Monica Non-Discrimination Policy
Acknowledgment
A. Discrimination.

Discrimination in the provision of services may include, but not be limited to the following:
(a) Denying any person any service, or benefit or the availability of a facility. (b) Providing any service, or benefit to any person which is not equivalent, or in a non- equivalent manner or at a non-equivalent time, from that provided to others. (c) Subjecting any persons to segregation or separate treatment in any manner related to the receipt of any service.
(d) Restricting any person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any other requirement or condition which persons must meet in order to be provided any service or benefit.
(1) Contractor shall take affirmative action to ensure that intended beneficiaries of this Agreement are provided services without regard to race, color, religion, national origin, ancestry, sex, age, gender, gender identification, gender expression, sexual orientation, marital status, AIDS or disability.
(2) Contractor shall further establish and maintain written procedures under which any person applying for or receiving services hereunder, may seek resolution from Contractor of a complaint with respect to any alleged discrimination in the provision of services by Contractor's personnel.

At any time any person applies for services under this Agreement, he or she shall be advised by Contractor of these procedures. A copy of these procedures shall be posted by Contractor in a conspicuous place, available and open to the public, in each of Contractor's facilities where services are provided hereunder.

B. Non-discrimination in Employment
(1) Contractor certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, gender, gender identification, gender expression, marital status, AIDS or disability in accordance with the requirements of City, State or Federal law. Contractor shall take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, gender, gender identification, gender expression, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law. Such shall include, but not be limited to, the following:

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 25 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
(a) Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. (b) Selection for training, including apprenticeship.
(2) Contractor agrees to post in conspicuous places in each of Contractor's facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this non-discrimination policy. (3) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, gender, gender identification, gender expression, marital status, AIDS or disability, in accordance with the requirements of City, State or Federal law.
(4) Contractor shall send to each labor union or representative coworkers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Contractor's commitments under this non-discrimination policy.
(5) Contractor certifies and agrees that it will deal with its sub-Contractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, gender, gender identification, gender expression, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law. (6) In accordance with applicable State and Federal law, Contractor shall allow duly authorized representatives of the County, State, and Federal government access to its employment records during regular business hours in order to verify compliance with this non-discrimination policy.

Contractor shall provide other information and records as the representatives may require in order to verify compliance with this non-discrimination policy. (7) If City finds that any of the provisions of this non-discrimination policy have been violated, the same shall constitute a material breach of agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that this nondiscrimination policy has been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated State or Federal non-discrimination laws shall constitute a finding by City that Contractor has violated the provisions of this non- discrimination policy.
(8) The parties agree that in the event Contractor violates any of the non-discrimination policies set forth herein, City shall be entitled, at its option, to the sum of five hundred dollars ($500) pursuant to Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating or suspending this Agreement.
(9) Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by applicable Federal Regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified disabled person shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor receiving Federal Financial Assistance.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 26 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
9 Oaks Initiative

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING

DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF

SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 27 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
10 Living Wage Ordinance

CITY OF SANTA MONICA LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 25/26 – July 1, 2025 through June 30, 2026)

TO BE COMPLETED ON THE VENDOR SUBMISSION SECTION BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200.

The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $21.01 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please complete the Living Wage Ordinance Certification Section found in the Vendor Submission section if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your confirmation of this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions and send the completed, signed Certification to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop #9
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 28 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
11 Bid Form

11.1 GENERAL INFORMATION

BUSINESS LICENSE NUMBER
If the successful bidder is required to possess a City of Santa Monica Business License, the successful bidder must obtain the business license prior to performing any work or services, and the City may delay payment of any sums due until such license has been obtained.

CALIFORNIA SALES TAX
The City will pay all applicable taxes.

FEDERAL EXCISE TAX
The City is exempt from Federal Excise Tax and an exemption certificate if necessary will be furnished to the successful bidder(s).

11.2 BID AWARD
The City reserves the right to increase or decrease the quantity of any item or omit items as may be deemed necessary or to delete any items of work in the award of contract, and the same shall in no way affect or make void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price.

11.3 PAYMENT TERMS
Goods or services are paid within thirty (30) days of delivery and receipt of an appropriate invoice.

11.4 PRICING
Pricing must be submitted through the Online Vendor Portal. The City will not accept pricing submitted by any other means.

11.5 GENERAL CONDITIONS BID ACCEPTANCE PERIOD
Unless otherwise specified in this Notice Inviting Bids, prices are firm for a period of one hundred eighty (180) days from the bid opening date.

BIDDER AGREEMENT
By submitting a signed bid, bidder shall have acknowledged and agreed to all the terms and conditions set forth in all documents which make up this Notice Inviting Bids.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 29 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

BID AWARD CRITERIA
Bids are awarded based on the best bidder and may be contingent upon City Council approval.

Bids are evaluated based on pricing, availability, experience, and references.

CORRECTION OF ERRORS OR DISCREPANCIES
The following rules shall apply to the correction of errors or discrepancies in bids:

In the event a discrepancy in a bid is discovered prior to the award of the contract, the following rules shall apply to the correction of the discrepancy:

A. In the case of a discrepancy between a unit price and an extended price, the unit price shall prevail and the extended price shall be corrected accordingly.

B. If the total bid price does not equal the sum of the extended prices, the extended prices shall prevail and the total bid price shall be adjusted accordingly.

C. Discrepancies between the unit price and the extended price shall be corrected prior to corrections or adjustments between the extended prices and the total bid price.

D. If the extended prices or the total bid price are adjusted according to these rules, the adjusted total bid price shall prevail over the written or numeric total bid price stated in the bid.

E. In the case of a discrepancy between the numerical bid price and the written bid price, the price that conforms to an accurate sum of the extended prices shall prevail.

F. If the total bid price of any bid is adjusted, the adjusted total bid price shall be used to determine the lowest bid.

If no discrepancies are discovered prior to the award of the contract, the contract shall be awarded on the basis of the total bid stated in writing.

11.6 F.O.B. POINT & SHIPPING CHARGES
All prices shall be quoted F.O.B. destination, Santa Monica, California and all shipping; handling and freight charges shall be shown separately on the Bid Proposal.

11.7 CONTRACTUAL SERVICES AGREEMENT (CSA)
The successful bidder will be required to enter into a Contractual Services Agreement with the City (“CSA”) prior to any work commencing. All terms and conditions of this Notice Inviting Bids and the successful bidder’s proposal shall be followed and are incorporated by reference

11.8 NOTICE TO PROCEED
The issuance of a contractual services agreement will act as a notice to proceed. Vendor is advised not to perform work or provide materials without first obtaining a Contractual Services Agreement. The City will not allow payment for any work performed or goods delivered prior to the execution date or issue date of the Contractual Services Agreement.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 30 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

11.9 RIGHTS RESERVED
The City reserves the right to award the bid to separate bidders on any of the items as provided in and set forth in the bidder’s proposal. It is further understood that if the bidder to whom any award is made fails to enter into a contract, award may be made to the next best bidder, who shall be bound to perform as if she, he or it received the award in the first instance.

Each bidder may bid on any or all of the above listed items, or any combination of such items, and the City reserves the right to award on the best bid as to each item whether such bid be by the same bidder or different bidders.

The City further reserves the right to reject any or all bids, to waive any informality or irregularity in any bid or the bidding procedure, and to delete any items of work in the award of contract.

AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS
If this Notice Inviting Bids contemplates the provision of services to the public, bidder shall, in addition to any other requirements under ADA, comply with the Title II requirements of the ADA regarding the accessibility of City services and programs, as an explicit requirement. Bidder assures that, at all times during the performance of any resulting contractual services agreement, no qualified individual with a disability shall, by reason of that disability, be excluded from participation in, or be denied benefits of, services, programs, or activities performed by vendor for the benefit of the City.

FAIR EMPLOYMENT AND HOUSING ACT
Bidder agrees in accordance with California Labor Code sections 1735 and 1777.6, and the California Fair Employment and Housing Act, California Government Code sections 12900 et seq. that in the hiring of common or skilled labor for the performance of any work contemplated under this Notice Inviting Bids, no contractor, material supplier or vendor shall, by reason of age (over 40), ancestry, color, mental or physical disability, sex, gender identity and expression, marital status, medical condition (cancer or genetic characteristics), national origin, race, religious belief, or sexual orientation, discriminate against any person who is qualified and available to perform the work to which such employment relates. Bidder further agrees to be in compliance with the City of Santa Monica’s Non-Discriminatory Policy.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 31 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
12 Certification Regarding Debarment
This certification must be completed for your bid/proposal to be considered. Proposer will be asked to confirm this statement in your electronic response.

The undersigned certifies, to the best of his or her knowledge and belief, that:

1.) The Bidder and/or any of its Principals, contractors, subcontractors and sub recipients are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of or voluntarily excluded from participating in contracts by any Federal agency and are not presently on the Excluded Parties List System (EPLS) or being considered for the EPLS OR ineligible to work on contracts for violations of California Labor Code Sections 1777.1 or 1777.7; and

2.) If awarded a contract, the Bidder shall provide immediate written notice to City of Santa Monica, Procurement if, at any time, the Bidder learns that the certification provided herein was erroneous when submitted or has become erroneous by reason of changed circumstances. “Principals”, for purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar position).

A certification that any of the items listed herein exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Bidder’s responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by City of Santa Monica may render the Bidder non-responsive. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required herein. The knowledge and information of the Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The certification required herein is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City of Santa Monica may terminate the contract resulting from this Request for Quotation for default and pursue any other available legal remedies.

By confirming in the Electronic Response Section, I, the undersigned, declare under penalties of perjury that the forgoing certifications and assurances, any other statements made by me are true and correct.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 32 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
13 Vendor Submission

13.1 Offer Confirmation*
We hereby offer to sell the City of Santa Monica the material and/or service at the prices described herein and under the terms and conditions hereon or attached or referenced. ☐ Please confirm *Response required

13.2 Insurance Requirements for Vendors Providing Services* The Minimum Scope of Limits of Insurance can be found in the section titled Insurance Requirements.

Vendor shall procure and maintain for the duration of the Agreementinsurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, employees or subcontractors. ☐ Yes ☐ No
*Response required

13.3 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters*
By confirming below, I declare under penalties of perjury that the forgoing certifications and assurances, any other statements made by me are true and correct. ☐ Yes ☐ No *Response required

13.4 Non-Discrimination Policy Acknowledgment*
The undersigned has checked carefully all of the documents contained in this Non- Discrimination Policy Acknowledgment.

I agree that the representations herein are made under penalty of perjury. ☐ Please confirm *Response required

13.5 Payment Terms
Please enter payment discount terms; otherwise net thirty (30) days will apply if left blank Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 33 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.6 Certificate of Compliance*
Please download the below documents, complete, and upload. • Certification_of_Compliance... *Response required

13.7 Non-Collusion Declaration *
Please download the below documents, complete, and upload. • Non-Collusion_Form_(17).pdf *Response required

13.8 Can comply with all specifications.*
Failure to comply with Proposal Standards and Specifications will disqualify bid. ☐ Yes ☐ No *Response required

13.9 Upload proof that staff hold a current commercial driver's license and the necessary licensing and insurance coverage to transport 30', 40' and 60' buses as required by Federal, State and local Laws, Rules and Regulations.*
*Response required

13.10Vendor has sent required samples.*
Bidders shall supply, as part of their bid the following to be sent to:

Santa Monica Department of Transportation Maintenance Div.

Attn: David Nanjo,1660 7th St, Santa Monica, CA 90401 • Paint coupon on 12” X 12” aluminum plate with Axalta BS537 -EW or equivalent
• Paint coupon on 12” X 12” aluminum plate with Axalta BS540-EW or equivalent ☐ Please confirm
*Response required

13.11Provide a description of your company, number of years in business, number of employees and list of current transit customers.*
*Response required
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 34 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.12Upload MSDS of proposed paints, primers, pretreatment, additives, lacquer thinners and other related products that would be used to prepare and paint transit buses. *
*Response required

13.13Does vendor have a fully enclosed paint booth in their facility; all painting shall be performed in a paint booth. Bidder must have the ability to accommodate painting of 60’ buses in compliance with applicable Federal, State and local laws, rules and regulations. *
☐ Yes ☐ No
*Response required

13.14Will all work be performed at bidders/subcontractor's location?* ☐ Yes ☐ No *Response required

13.15Provide references for a minimum of five (5) years of full-time experience repairing and painting transit coach body damage caused by collision, rust, aging, and/or any interior and exterior damage. Bidder must have experience performing body repairs and painting on transit buses. *
*Response required

13.16Bidders must provide, as part of your bid, an experience statement including a list of clients and the size of the bidders contracts with those clients.*
*Response required

13.17Provide proof bidder technicians have successfully completed the hands-on training and evaluation to meet the requirements of EPA rule 40 CFR part 63 Subpart HHHHHH National Emission Standards for Hazardous Air Pollutants. *
*Response required
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 35 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.18Bidders’ repair facilities must be licensed by all Federal, State, and Local (City) governments and must have these licenses posted in their offices. Provide a copy of license as part of this bid.*
*Response required

13.19Oaks Initiative*

CITY OF SANTA MONICA OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING

DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF

SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. • Oaks_Initiative_Disclosure_... • OAKS_INITIATIVE_FORM_-_Exam... *Response required
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 36 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.20Levine Act Disclosure Form*
Please download the below documents, complete, and upload. • Levine_Act_Disclosure_Form.pdf • Disclosure_Form_cover_memo.pdf *Response required

13.21Living Wage Ordinance Certification*

CITY OF SANTA MONICA LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 25/26 – July 1, 2025 through June 30, 2026)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $22.50 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.
• FY25-26_Living_Wage_Certifi...
*Response required
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 37 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.22Business License
Proposers must answer these questions below. Note, the business license documentation is only required from the successful Proposer.

13.22.1 Is Vendor physically located in the City of Santa Monica?* If YES, Vendor must have a City of Santa Monica Business License. Contact the Business License unit for the appropriate forms.

If NO, continue to next question. ☐ Yes ☐ No
*Response required

13.22.2 Does this vendor physically come into the City of Santa Monica to conduct business and/or make deliveries?*
If YES, Vendor must have a City of Santa Monica Out-of City Business License. Contact the Business License unit for the appropriate forms.

If NO, no license is needed. ☐ Yes ☐ No
*Response required

13.22.3 Additional Requirements*
Is the vendor located in or will the vendor come into the City of Santa Monica to conduct business,
then answer YES, and in addition to having a CITY OF SANTA MONICA BUSINESS LICENSE, Vendor will be required to have insurance (see Insurance Requirements Section for descriptions). ☐ Yes ☐ No
*Response required

13.23Subcontractors

13.23.1 Proposed Subcontractors
Please download the below documents, complete, and upload. • Proposed_Subcontractor_Form...

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 38 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs

13.23.2 Certification of Subcontractor Insurance Compliance* This is to certify that all requirements for insurance of subcontractors as specified have been met. ☐ Please confirm
*Response required

13.23.3 For Consideration: Exceptions to Terms & Conditions and/or Contractual Services Agreement

13.24Term
The City is inviting bids for a firm-fixed contract for a term of Five (5) years

13.24.1 Period 2 (First Annual Renewal Option)

13.24.2 Period 3 (Second Annual Renewal Option)

13.24.3Period 4 (Third Annual Renewal Option)

13.24.4 Period 5 (Fourth Annual Renewal Option)
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 39 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
14 Pricing Proposal

BUS BODY REPAIRS
Line Item Description Quantity Unit of
Measure
Comments Unit Cost Total
1 Body Repair 3,000 $/hr. 2 Refinish and Painting
Labor
4,000 $/hr.
3 Mechanical Repair
Labor
400 $/hr.
4 Fabrication Labor 400 $/hr. 5 Body Repair Labor
Overtime
25 $/hr.
6 Refinish and Painting
Labor Overtime
25 $/hr.
7 Mechanical Repair
Labor Overtime
10 $/hr.
8 Fabrication Labor
Overtime
10 $/hr.

TOTAL

OTHER COSTS
Line Item Description Unit of
Measure
Comments Unit Cost
9 Pickup and Delivery (Round Trip -
Portal to Portal)
$/hr.
10 Mark-up on Parts (bus parts)%
11 Mark-up on Paint (Primer, additive,
paint & additive, acdtone, paint
thinner, reducer etc.)
%
12 Mark
-up on Materials (Sand paper,
tape, masking paper etc.)
%
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 40 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
Line Item Description Unit of
Measure
Comments Unit Cost
13 Miscellaneous Material (All other
materials & supplies)
%
14 Disposal Cost (Hazardous Waste
per EPA Standards) Manifest sent
Monthly
$ or %
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 41 of 42
City of Santa Monica
SaMoDOT
Request for Proposals
Transit Bus Body and Paint Repairs
15 Evaluation Phases
No. Evaluation Criteria Scoring Method Weight (Points)

1. COST N/A N/A

2. EXPERIENCE N/A N/A
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. A - RFP Transit Bus Body and
Paint Repairs
Pg. 42 of 42
Exhibit B
Excerpts from CGI Response to SMDOT’s RFP
1619 E. Creston Ave
Signal Hill CA, 90755
CG Inc. is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. We cover repaint, accident damage repair, and renovation services. We work with City, State, Federal and private transportation organizations throughout the U.S.

C.G. Inc. employs and contracts highly trained staff which includes structural, electrical, mechanical, air brake, hydraulic, power-train, structural car body, specialty welding, and paint expertise. We want to assure our customers the highest level of consistency and completion of timely projects.

Our customer-focused philosophy provides the premier service in the United States. Our renovation, overhaul, upgrade, accident structural repair and modification experiences are unequaled in the industry. Our technical expertise allows us to consistently deliver above the OEM standard, combined with the managerial experience and professional relationships that are essential to a successful project conclusion. All our employees undergo extensive management, technical, and safety training programs, which makes our staff some of the best in the bus and rail transportation renovation services.

Our core competency is Rolling Stock Repaint, Car body Accident Repair, Renovation, and retrofitting, reverse engineering of obsolescence materials of bus, Heavy/Light rail vehicle, EMU/DMU, locomotive, commuter and passenger vehicles, with technical and professional expertise that is the highest in the industry. These include many years of Transit Vehicle, railroad locomotive, passenger vehicle and bus carbody repairs.

C.G. Inc. staff understands the complexities of established business practices, techniques and methodologies that are accepted by and in compliance with policies, regulations and guidelines of the Federal Railroad Administration (FRA), American Public Transit Association (APTA), Association of American Railroads (AAR), Occupational Safety & Health Administration (OSHA) and CAL-OSHA, and all freight, Commuter, and passenger rail standards.

C.G. Inc. currently has 16 full-time employees.

Our current transit customers are: San Diego MTS, Siemens Mobility, Santa Monica DOT, Denver Transit Operators, Los Angeles DASH (MV Transportation), North County Transit District (MV Transportation), Tumbleweed, and Hitachi, among others.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 1 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 2 of 23
1619 E. Creston Ave
Signal Hill CA, 90755
CG Inc. is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. We cover repaint, accident damage repair, and renovation services. We work with City, State, Federal and private transportation organizations throughout the U.S.

C.G. Inc. employs and contracts highly trained staff which includes structural, electrical, mechanical, air brake, hydraulic, power-train, structural car body, specialty welding, and paint expertise. We want to assure our customers the highest level of consistency and completion of timely projects.

Our customer-focused philosophy provides the premier service in the United States. Our renovation, overhaul, upgrade, accident structural repair and modification experiences are unequaled in the industry. Our technical expertise allows us to consistently deliver above the OEM standard, combined with the managerial experience and professional relationships that are essential to a successful project conclusion. All our employees undergo extensive management, technical, and safety training programs, which makes our staff some of the best in the bus and rail transportation renovation services.

Our core competency is Rolling Stock Repaint, Car body Accident Repair, Renovation, and retrofitting, reverse engineering of obsolescence materials of bus, Heavy/Light rail vehicle, EMU/DMU, locomotive, commuter and passenger vehicles, with technical and professional expertise that is the highest in the industry. These include many years of Transit Vehicle, railroad locomotive, passenger vehicle and bus carbody repairs.

C.G. Inc. staff understands the complexities of established business practices, techniques and methodologies that are accepted by and in compliance with policies, regulations and guidelines of the Federal Railroad Administration (FRA), American Public Transit Association (APTA), Association of American Railroads (AAR), Occupational Safety & Health Administration (OSHA) and CAL-OSHA, and all freight, Commuter, and passenger rail standards.

C.G. Inc. currently has 16 full-time employees.

Our current transit customers are: San Diego MTS, Siemens Mobility, Santa Monica DOT, Denver Transit Operators, Los Angeles DASH (MV Transportation), North County Transit District (MV Transportation), Tumbleweed, and Hitachi, among others.

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 3 of 23

CG INC EXPERIANCE
CG Inc. is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. We cover repaint, accident damage repair, and renovation services. We work with City, State, Federal and private transportation organizations throughout the U.S.

C.G. Inc. employs and contracts highly trained staJ which includes structural, electrical, mechanical, air brake, hydraulic, power-train, structural car body, specialty welding, and paint expertise. We want to assure our customers the highest level of consistency and completion of timely projects.

Our core competency is Rolling Stock Repaint, Car body Accident Repair, Renovation, and retrofitting, reverse engineering of obsolescence materials of bus, Heavy/Light rail vehicle, EMU/DMU, locomotive, commuter and passenger vehicles, with technical and professional expertise that is the highest in the industry. These include many years of Transit Vehicle, railroad locomotive, passenger vehicle and bus carbody repairs.

C.G. Inc. currently has 16 full-time employees.

Our current transit customers are San Diego MTS, Siemens Mobility, Santa Monica DOT, Denver Transit Operators, Los Angeles DASH (MV Transportation), North County Transit District (MV Transportation), Tumbleweed, and Hitachi, among others.

CG INC CURRENT CONTRACTS
REFERENCE NO.1
Company Name: San Diego MTS
Point of Contact: Andy Goddard
Phone: 619-595-4904
Email: [email protected]
Project Award Date: May 2025
Original Contract Value: 28.8 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract LRV Accident repair, Paint, and body work and part fabrication and administration. Consumable Supplier B. Identify Claims: NONE
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 4 of 23
REFERENCE NO.2
Company Name: Santa Monica BBB
Point of Contact: Jesus OCampo
Phone: 310-633-1852
Email: [email protected]
Project Award Date: March 2023
Original Contract Value: 3.6 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract. Accident repair, Paint, and body work and part fabrication and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE REFERENCE NO.3
Company Name: Denver RTD
Point of Contact: Dina Salama
Phone: 720-460-5830
Email: [email protected]
Project Award Date: January 2023
Original Contract Value: 1.79 Million
Status of Contract: Current
A. Terms and Scope of Contract: As Needed Basis. Accident repair, body work and part fabrication, welding and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 5 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 6 of 23
The Standard of Excellence Since 1976
454 E Commercial St.

Los Angeles, CA90012
Phone: (951) 201-4346

MV Transportation, Inc.

TO: Whom it may concern
RE: Letter of Recommendation
DATE: 3/10/2023
Iam very please to recommend the services of Mr. Carlos Guzman, and his company, CG, INC. Mr. Guzman shows extreme, precise and thorough work in the repairs of the coaches that they complete for us. Mr. Carlos Guzman is a meticulous craftsman in the inspection of the work that his company performs. On a particular note is the work that CG, Inc., has done is the collision repair on the Proterra Electric buses. The colors scheme always is matched perfect. They have OEM level of component fabrication, a true 5 to 10 years warranty on their workmanship and Axalta coating. If a damaged part is not available, they will fabricate it to OEM standards. We are very pleased with the work that Mr. Carlos Guzman and his company does, they do excellent repairs.

He also has an impeccable record with the Air Quality Management District.

They provide a safe environment for their staff and vehicles that they work on.

Sincerely,
Carroll White
Maintenance Manager
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 7 of 23
March 12, 2023
Jesus Montes
Sr. Executive Officer, Vehicle Engineering & Acquisition Los Angeles Metro (LACMTA)
To Whom it May Concern,
As a senior transit executive officer with almost 30 years of experience supporting, executing, and overseeing transit capital projects, there are certain qualities that I look for in potential partners.

Those qualities include strong, hands-on leadership that cares about the quality of their product, values their relationship with the client, and is willing to take ownership of issues when they develop to quickly identify and implement mitigations.

I first met Mr. Carlos Guzman in 1997 when I was working for LTK Engineering Services as a consultant to SCRRA on the delivery of Metrolink’s commuter cars and locomotives. On this project Mr. Guzman’s company, CGI, supported the contractor addressing warranty items, primarily the significant paint failures and accident damage.

The paint work was challenging due to the size of the vehicle and that the exterior panels were secured with rivets, prone to paint runs. Further, the paint repairs were performed in a shop not originally intended for painting. Despite these challenges CGI consistently delivered show-room quality repairs to the agreed schedule. The accident repairs were also challenging as spare parts were not always available; however, CGI was somehow always able to either source the part, repair the damaged ones, or make their own. Further, Mr. Guzman was constantly on site ensuring that his team had the necessary information and resources to meet the client’s needs.

In the ensuing years I have witnessed and heard testimonials from my peers of Mr. Guzman and his company continuing to provide the same level of service and support.

I highly recommend Carlos and the entire CGI team to your agency. Please don’t hesitate to reach out to me with any further questions at 213.603.1976 or [email protected].

Jesus Montes
Sr. Executive Officer, Vehicle Acquisitions
Los Angeles Metro
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 8 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 9 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 10 of 23
M
ichaelCash
DearMrGuzman:

IwantedtocongratulateyouontheterrificunveilingoftherenovationoftheSanDiegoTrolley.

Youdidsuchanamazingjobonthisproject–whenIsawthetrolleylastsummer,whenitwas aworkinprocess,Ineverimaginedhowterrificitwouldultimatelyturnout.

AsAxalta,weareproudtobeapartofthismonumentalproject,andgreatlyappreciate includingusinthespecialmoment.

Wegreatlyappreciateworkingwithyouandyourteam,Carlos,andlookforwardtothenext projectstogether.

Withkindestregards,Mike
MichaelCash
President–IndustrialCoatings
AxaltaCoatingSystems
TwoCommerceSquare
2001MarketStreet,36Floor
Philadelphia,PA19103
(T)+12152554311
(M)+12677881998
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 11 of 23
B
rendanCotter
Letterofrecommendation
ToWhomItMayConcern,
OverAprilandMayof2021,IhadthepleasureofworkingwithCGInc.Theywerea subcontractortaskedwithinstallingaRegionalTransitManagementSystem(RTMS)on nearlyone-hundred(100)ofNorthCountyTransitDistrict’s(NCTD)buses.Duringthis projectIsawfirst-handtheeffectivelabormanagementstyle,accurateinventory management,andthoroughandeffectivecommunicationthatseemedtobepartoftheir regularoperation.Withuptofour(4)teamsofinstallersworkingatatime,CGInc. providedthenecessaryresourcestoensureeachbenchmarkdeadlinewasmetontime orearly.

Whenissuesarose,asareboundtohappeninanyprojectofthissizeofscope,CGInc. wasavailable,responsive,flexible,andsolution-minded.Theygenuinelylistenedtoany concernsIexpressed,aswasdemonstratedbytheproductoftheirefforts.

Throughthisentireexperience,everyonefromCGInc.exhibitedprofessionalism, demonstratedproperandseriousattentiontosafepractices,andprovidedanorganized approachtotheeffortthatIgreatlyappreciated.ItiswithoutreservationthatI recommendCGInc.

Thankyouforyourtimeandconsideration,
BrendanCotter
BusMechanicalOfficer
810MissionAvenue|Oceanside,CA92054|760.967.2877|c:760.994.2393 Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 12 of 23
M
arch13,2023
ToWhomItMayConcern:

ItiswithmuchenthusiasmthatIrecommendtheservicesofMr.CarlosGuzman, andhiscompany,CGIInc.forthemasteryoftheirsuperiorcraftsmanshipinthe repairandrefurbishmentofpublictransitvehicles.Mr.Guzmanhasproventobe ofthehighestcaliberinrestoration,painting,coachwork,andafullrangeof structuralandbodyrepairs.Hisdedicationtosatisfyingthecustomer, coordinationofprojecttomeetcustomer’sneeds,andabilitytoworkwellwith customer’ssupervisorypersonnelmakesforanefficientandeffectivepartnership.

Aboveall,Mr.Guzman’sattentiontodetailissecondtononewhichmakesfora partnerthatyoucantrust.

IhavewitnessedfirsthandoftheincredibleworkdonebyCGI,Inc.Ofnote,isthe workthatCGI,Inc.haddonetorefurbishandrebuildtrolley#162atSanFrancisco Municipal.Mr.CarlosGuzmanandCGI,Inc.usedtheirexpertisetoperforma majorretrofit.ThefinishedworkofCGI,Inc.wasnothinglessthanperfection, transformingthecarbodyintoanappearancethatwewereproudtohave representSanFranciscoMunicipal.

Feelfreetocontactmeat(760)239–1370ifyouhaveanyquestionsorwouldlike metofurtherelaborateonthetalentsandachievementsofMr.CarlosGuzman andCGI,Inc.

Sincerely,
LeeSummerlott
HerzogGeneralManagerOCTAStreetcar
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 13 of 23

CG INC EXPERIANCE
CG Inc. is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. We cover repaint, accident damage repair, and renovation services. We work with City, State, Federal and private transportation organizations throughout the U.S.

C.G. Inc. employs and contracts highly trained staJ which includes structural, electrical, mechanical, air brake, hydraulic, power-train, structural car body, specialty welding, and paint expertise. We want to assure our customers the highest level of consistency and completion of timely projects.

Our core competency is Rolling Stock Repaint, Car body Accident Repair, Renovation, and retrofitting, reverse engineering of obsolescence materials of bus, Heavy/Light rail vehicle, EMU/DMU, locomotive, commuter and passenger vehicles, with technical and professional expertise that is the highest in the industry. These include many years of Transit Vehicle, railroad locomotive, passenger vehicle and bus carbody repairs.

C.G. Inc. currently has 16 full-time employees.

Our current transit customers are San Diego MTS, Siemens Mobility, Santa Monica DOT, Denver Transit Operators, Los Angeles DASH (MV Transportation), North County Transit District (MV Transportation), Tumbleweed, and Hitachi, among others.

CG INC CURRENT CONTRACTS
REFERENCE NO.1
Company Name: San Diego MTS
Point of Contact: Andy Goddard
Phone: 619-595-4904
Email: [email protected]
Project Award Date: May 2025
Original Contract Value: 28.8 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract LRV Accident repair, Paint, and body work and part fabrication and administration. Consumable Supplier B. Identify Claims: NONE
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 14 of 23
REFERENCE NO.2
Company Name: Santa Monica BBB
Point of Contact: Jesus OCampo
Phone: 310-633-1852
Email: [email protected]
Project Award Date: March 2023
Original Contract Value: 3.6 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract. Accident repair, Paint, and body work and part fabrication and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE REFERENCE NO.3
Company Name: Denver RTD
Point of Contact: Dina Salama
Phone: 720-460-5830
Email: [email protected]
Project Award Date: January 2023
Original Contract Value: 1.79 Million
Status of Contract: Current
A. Terms and Scope of Contract: As Needed Basis. Accident repair, body work and part fabrication, welding and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 15 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 16 of 23
The Standard of Excellence Since 1976
454 E Commercial St.

Los Angeles, CA90012
Phone: (951) 201-4346

MV Transportation, Inc.

TO: Whom it may concern
RE: Letter of Recommendation
DATE: 3/10/2023
Iam very please to recommend the services of Mr. Carlos Guzman, and his company, CG, INC. Mr. Guzman shows extreme, precise and thorough work in the repairs of the coaches that they complete for us. Mr. Carlos Guzman is a meticulous craftsman in the inspection of the work that his company performs. On a particular note is the work that CG, Inc., has done is the collision repair on the Proterra Electric buses. The colors scheme always is matched perfect. They have OEM level of component fabrication, a true 5 to 10 years warranty on their workmanship and Axalta coating. If a damaged part is not available, they will fabricate it to OEM standards. We are very pleased with the work that Mr. Carlos Guzman and his company does, they do excellent repairs.

He also has an impeccable record with the Air Quality Management District.

They provide a safe environment for their staff and vehicles that they work on.

Sincerely,
Carroll White
Maintenance Manager
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 17 of 23
March 12, 2023
Jesus Montes
Sr. Executive Officer, Vehicle Engineering & Acquisition Los Angeles Metro (LACMTA)
To Whom it May Concern,
As a senior transit executive officer with almost 30 years of experience supporting, executing, and overseeing transit capital projects, there are certain qualities that I look for in potential partners.

Those qualities include strong, hands-on leadership that cares about the quality of their product, values their relationship with the client, and is willing to take ownership of issues when they develop to quickly identify and implement mitigations.

I first met Mr. Carlos Guzman in 1997 when I was working for LTK Engineering Services as a consultant to SCRRA on the delivery of Metrolink’s commuter cars and locomotives. On this project Mr. Guzman’s company, CGI, supported the contractor addressing warranty items, primarily the significant paint failures and accident damage.

The paint work was challenging due to the size of the vehicle and that the exterior panels were secured with rivets, prone to paint runs. Further, the paint repairs were performed in a shop not originally intended for painting. Despite these challenges CGI consistently delivered show-room quality repairs to the agreed schedule. The accident repairs were also challenging as spare parts were not always available; however, CGI was somehow always able to either source the part, repair the damaged ones, or make their own. Further, Mr. Guzman was constantly on site ensuring that his team had the necessary information and resources to meet the client’s needs.

In the ensuing years I have witnessed and heard testimonials from my peers of Mr. Guzman and his company continuing to provide the same level of service and support.

I highly recommend Carlos and the entire CGI team to your agency. Please don’t hesitate to reach out to me with any further questions at 213.603.1976 or [email protected].

Jesus Montes
Sr. Executive Officer, Vehicle Acquisitions
Los Angeles Metro
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 18 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 19 of 23
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 20 of 23
M
ichaelCash
DearMrGuzman:

IwantedtocongratulateyouontheterrificunveilingoftherenovationoftheSanDiegoTrolley.

Youdidsuchanamazingjobonthisproject–whenIsawthetrolleylastsummer,whenitwas aworkinprocess,Ineverimaginedhowterrificitwouldultimatelyturnout.

AsAxalta,weareproudtobeapartofthismonumentalproject,andgreatlyappreciate includingusinthespecialmoment.

Wegreatlyappreciateworkingwithyouandyourteam,Carlos,andlookforwardtothenext projectstogether.

Withkindestregards,Mike
MichaelCash
President–IndustrialCoatings
AxaltaCoatingSystems
TwoCommerceSquare
2001MarketStreet,36Floor
Philadelphia,PA19103
(T)+12152554311
(M)+12677881998
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 21 of 23
B
rendanCotter
Letterofrecommendation
ToWhomItMayConcern,
OverAprilandMayof2021,IhadthepleasureofworkingwithCGInc.Theywerea subcontractortaskedwithinstallingaRegionalTransitManagementSystem(RTMS)on nearlyone-hundred(100)ofNorthCountyTransitDistrict’s(NCTD)buses.Duringthis projectIsawfirst-handtheeffectivelabormanagementstyle,accurateinventory management,andthoroughandeffectivecommunicationthatseemedtobepartoftheir regularoperation.Withuptofour(4)teamsofinstallersworkingatatime,CGInc. providedthenecessaryresourcestoensureeachbenchmarkdeadlinewasmetontime orearly.

Whenissuesarose,asareboundtohappeninanyprojectofthissizeofscope,CGInc. wasavailable,responsive,flexible,andsolution-minded.Theygenuinelylistenedtoany concernsIexpressed,aswasdemonstratedbytheproductoftheirefforts.

Throughthisentireexperience,everyonefromCGInc.exhibitedprofessionalism, demonstratedproperandseriousattentiontosafepractices,andprovidedanorganized approachtotheeffortthatIgreatlyappreciated.ItiswithoutreservationthatI recommendCGInc.

Thankyouforyourtimeandconsideration,
BrendanCotter
BusMechanicalOfficer
810MissionAvenue|Oceanside,CA92054|760.967.2877|c:760.994.2393 Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 22 of 23
M
arch13,2023
ToWhomItMayConcern:

ItiswithmuchenthusiasmthatIrecommendtheservicesofMr.CarlosGuzman, andhiscompany,CGIInc.forthemasteryoftheirsuperiorcraftsmanshipinthe repairandrefurbishmentofpublictransitvehicles.Mr.Guzmanhasproventobe ofthehighestcaliberinrestoration,painting,coachwork,andafullrangeof structuralandbodyrepairs.Hisdedicationtosatisfyingthecustomer, coordinationofprojecttomeetcustomer’sneeds,andabilitytoworkwellwith customer’ssupervisorypersonnelmakesforanefficientandeffectivepartnership.

Aboveall,Mr.Guzman’sattentiontodetailissecondtononewhichmakesfora partnerthatyoucantrust.

IhavewitnessedfirsthandoftheincredibleworkdonebyCGI,Inc.Ofnote,isthe workthatCGI,Inc.haddonetorefurbishandrebuildtrolley#162atSanFrancisco Municipal.Mr.CarlosGuzmanandCGI,Inc.usedtheirexpertisetoperforma majorretrofit.ThefinishedworkofCGI,Inc.wasnothinglessthanperfection, transformingthecarbodyintoanappearancethatwewereproudtohave representSanFranciscoMunicipal.

Feelfreetocontactmeat(760)239–1370ifyouhaveanyquestionsorwouldlike metofurtherelaborateonthetalentsandachievementsofMr.CarlosGuzman andCGI,Inc.

Sincerely,
LeeSummerlott
HerzogGeneralManagerOCTAStreetcar
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. B - Excerpts from CGI
Response to SMDOT’s RFP
Pg. 23 of 23
Exhibit C
Notice of Award
3 Hi John D,
4506: Transit Bus Body and Paint Repairs has been recommended to:

A and A Fleet Painting Inc
A final notification will be sent once the award has been finalized.

View Project
Questions? We're happy to help! Please do NOT respond to this email and instead reach us at [email protected].

Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. C - Notice of Award
Pg. 1 of 4

AWARD PENDING
Transit Bus Body and Paint Repairs  Notice Inviting Bids  SaMoDOT  92800 Project ID: 4506
Release Date: Friday, October 10, 2025
Due Date: Monday, November 3, 2025 3:00pm  Posted  Friday, October 10, 2025 11:24am All dates & times in Pacific Time
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. C - Notice of Award
Pg. 2 of 4
Selected Vendor
Vendor recommended by the evaluation process
Consensus Scorecard
Pricing Results
Award Note:

None
A and A Fleet Painting Inc
aafleetpaintinginc.com
A and A Fleet Painting Inc 70 50 120
CG Inc. 59 50 109
FLEET COLLISION CENTER, INC. 44 10 54 Vendor COST
Points Based
70 Points (58.3%)

EXPERIENCE
Points Based
50 Points (41.7%)
Total Score
(Max Score 120)
Bus Body Repairs
Bus Body Repairs
Line Item Description Quantity Unit of Measure
A and A Fleet Painting IncCG Inc.

Unit CostTotal Unit Cost
1 Body Repair 3000 $/hr. 2 Refinish and Painting Labor
4000 $/hr.
3 Mechanical Repair
Labor
400 $/hr.
4Fabrication Labor 400 $/hr.
5 Body Repair Labor
Overtime
25 $/hr.
6Refinish and Painting Labor25 $/hr.
7 Mechanical Repair
Labor Overtime
10 $/hr.
8Fabrication Labor
Overtime
10 $/hr.

$85.00 $255,000.00 $89.00
$70.00 $280,000.00 $89.00
$110.00 $44,000.00 $115.00
$100.00 $40,000.00 $115.00
$85.00 $2,125.00 $135.00
$70.00 $1,750.00 $135.00
$110.00 $1,100.00 $172.50
$100.00 $1,000.00 $172.50
Total $624,975.00

Columns
Other Costs
Other Costs
Line Item Description Unit of Measure
A and A Fleet Pain…CG Inc. FLEET COLLISION …
Unit Cost Unit Cost Unit Cost
9 Pickup and
Delivery (Round
$/hr.
10 Mark-up on Parts
(bus parts)
%
11 Mark-up onPaint%
$0.00 $75.00 $100.00
$25.00 $20.00 $25.00
$25.00 $20.00 $25.00
Columns
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. C - Notice of Award
Pg. 3 of 4
11 Mark up on Paint
(Primer, additive,
paint & additive,
%
12 Mark-up on
Materials (Sand
%
13 Miscellaneous
Material (All other
%
14 Disposal Cost
(Hazardous Waste
$ or %
$25.00 $20.00 $25.00
$25.00 $20.00 $25.00
$25.00 $20.00 $0.00
$45.00 $4.00 $8.00
Total $145.00 $159.00 $183.00
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. C - Notice of Award
Pg. 4 of 4
Exhibit D
CG Inc Experience and Current Contracts

CG INC EXPERIANCE
CG Inc. is a Southern California Corporation established in 1984, providing accident estimations & assessments for nationwide Bus and Rail Transportation. We cover repaint, accident damage repair, and renovation services. We work with City, State, Federal and private transportation organizations throughout the U.S.

C.G. Inc. employs and contracts highly trained staJ which includes structural, electrical, mechanical, air brake, hydraulic, power-train, structural car body, specialty welding, and paint expertise. We want to assure our customers the highest level of consistency and completion of timely projects.

Our core competency is Rolling Stock Repaint, Car body Accident Repair, Renovation, and retrofitting, reverse engineering of obsolescence materials of bus, Heavy/Light rail vehicle, EMU/DMU, locomotive, commuter and passenger vehicles, with technical and professional expertise that is the highest in the industry. These include many years of Transit Vehicle, railroad locomotive, passenger vehicle and bus carbody repairs.

C.G. Inc. currently has 16 full-time employees.

Our current transit customers are San Diego MTS, Siemens Mobility, Santa Monica DOT, Denver Transit Operators, Los Angeles DASH (MV Transportation), North County Transit District (MV Transportation), Tumbleweed, and Hitachi, among others.

CG INC CURRENT CONTRACTS
REFERENCE NO.1
Company Name: San Diego MTS
Point of Contact: Andy Goddard
Phone: 619-595-4904
Email: [email protected]
Project Award Date: May 2025
Original Contract Value: 28.8 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract LRV Accident repair, Paint, and body work and part fabrication and administration. Consumable Supplier B. Identify Claims: NONE
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. D - CG Inc Experience and
Current Contracts
Pg. 1 of 2
REFERENCE NO.2
Company Name: Santa Monica BBB
Point of Contact: Jesus OCampo
Phone: 310-633-1852
Email: [email protected]
Project Award Date: March 2023
Original Contract Value: 3.6 Million
Status of Contract: Current
A. Terms and Scope of Contract: 5 Year Contract. Accident repair, Paint, and body work and part fabrication and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE REFERENCE NO.3
Company Name: Denver RTD
Point of Contact: Dina Salama
Phone: 720-460-5830
Email: [email protected]
Project Award Date: January 2023
Original Contract Value: 1.79 Million
Status of Contract: Current
A. Terms and Scope of Contract: As Needed Basis. Accident repair, body work and part fabrication, welding and administration.

B. Identify Claims / Litigation or Settlements Associated with each Contract: NONE Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. D - CG Inc Experience and
Current Contracts
Pg. 2 of 2
Exhibit E
A &A Fleet Contracts Summary
A & A Fleet Painting, Inc.
— California Contract Summary (2016
–2025)
The following summary provides an overview of known public agency contracts, task orders, and vendor listings for A & A Fleet Painting, Inc. of Chino, California, as identified in searches of agency records and board documents between 2016 and 2025.

Agency / Jurisdiction Contract or
PO #
Role Scope Summary Award
Amount (USD)
Dates Verification
Notes
North County Transit District (San Diego County)
Agreement No. 17048
Prime Replace carpet in up to
six COASTER 2500
-series
bi
-level cars
$142,290 May
–Sept 2017 Found in board
materials
San Diego Metropolitan Transit System (MTS)
— Proposer (not
award)
Listed as responsive & responsible proposer on an RFP
— April 2020 Found in agenda
packet
Victor Valley Transit Authority (VVTA, San Bernardino County) RFP 2024
-04
(Addendum No. 2)
Subcontractor (DBE)
Named among incumbent contractor’s active subcontractors — Jan
–Mar 2024 Found in
addendum
Omnitrans (San Bernardino County)
MNT23
-42;
multiple POs
Vendor / Prime for task orders
Bus paint & body repairs $149,000 +
$50,000
May & July 2023
Found in board/PO records
SunLine Transit Agency (Coachella Valley)
— Vendor Bus rehab painting &
decals
$35,395.38 May 22, 2024 Found in board
register
Metrolink / SCRRA (Southern California)
BPO PO521
-
13 Prime (Recommended)
Exterior cleaning of locomotives & passenger rail cars
$120,000 Jan 25, 2013
(historical)
Found in committee minutes
Note: These records represent publicly verifiable contracts, bids, and vendor listings for A & A Fleet Painting, Inc. Further verification may be obtained from individual agency procurement archives or court filings.

Carlos Guzman, Inc. v. City of Santa MonicaBid Protest - Project ID: 4506 Exh. E - A &A Fleet Contracts Summary
Pg. 1 of 1
Exhibit F
A&A Permit No 14120
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. F - A&A Permit No 14120
Pg. 1 of 3
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. F - A&A Permit No 14120
Pg. 2 of 3
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. F - A&A Permit No 14120
Pg. 3 of 3
Exhibit G
A&A Permit No 14119
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. G - A&A Permit No 14119
Pg. 1 of 3
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. G - A&A Permit No 14119
Pg. 2 of 3
Carlos Guzman, Inc. v. City of Santa Monica
Bid Protest - Project ID: 4506
Exh. G - A&A Permit No 14119
Pg. 3 of 3