RFP Transit Bus and Fleet Washing final.docx

RFP 26-15

City of Beaumont Request for Proposal

Website:

www.beaumontca.gov

Address:

550 E. 6th Street Beaumont, CA 92223

Phone:

951.769.8520

Request for Proposals for Exterior and Interior Bus and Fleet Vehicle Washing Services RFP 26-15

Contact:

Barbara Mason Purchasing Manager bmason@beaumontca.gov

RFP Available:

https://www.beaumontca.gov/949/Bids-and-RFPs https://vendors.planetbids.com/portal/66785/bo/bo-detail/143799

1. INTRODUCTION

The City of Beaumont (“City”) requests written responses to a Request for Proposal (RFP) for exterior and interior bus and fleet vehicle washing services. The selected vendor will be one that has demonstrated experience and professionalism in providing commercial vehicle cleaning and detailing services for public agencies or similar fleet operations.

Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves the right to waive any irregularity in any proposal, withdraw or amend this RFP or reject any proposal that does not comply with this RFP or City policies.

2. THE CITY OF BEAUMONT

The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated county areas (Cherry Valley), on the south by unincorporated county areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City’s boundary is approximately 30 square miles.

The City of Beaumont is rated one of the safest cities in southern California. The City has its own police department. Fire and paramedic services are contracted through Riverside County. The City of Beaumont has been one of the fastest growing cities in California over the past 15 years and has a current population of 54,690. An average of 500 new homes have been permitted annually since 2013 and the population has grown by approximately 1,500 residents each year. Beaumont has seen significant growth in its quality of workforce with educational levels and technical skills. The community has also seen growth in its household income levels. As a result of this growth, the City must continue to provide residents with the quality of life they expect. This involves expanding park and recreational amenities, maintaining a quality police force to keep pace with growth, construction of regional surface transportation projects, and to perform economic development activities to diversify the city’s tax base and increase employment opportunities in the region.

The City Government The Beaumont City Council is comprised of five Council members, each sharing equal voting powers on all items coming before the Council. Council members are elected to at-large positions for four-year terms, with elections held in November of even-numbered years. The City Council meets annually to select one of its members to serve as Mayor and another to serve as Mayor Pro Tem for one year but no more than two consecutive years.

The City Council provides legislative and policy direction to the City Manager, who implements their decisions to direct the activities of the City. The City Council responds to issues and concerns of the community by allocating resources, developing policies, and formulating strategies that support the vitality and economic viability of the City. All of their decisions must be made at public meetings.

The City Council appoints the City Manager and City Attorney and members of all advisory boards, commissions, and committees. The City Council also serves as the Board of Directors for the Beaumont Financing Authority, Beaumont Utility Authority, and the Beaumont Parking Authority.

3. BACKGROUND

Founded at the turn of the 20th century, Beaumont is proud of its rich history and rural charm. The town served as a welcome “stopping-off point” for early travelers making their way from the Mohave desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some, however, set down roots, drawn by the beautiful mountain vistas; clean, crisp air; and the abundance of cherry and apple orchards.

Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities, and rich community life offered by the finest Southern California cities. The progressive city of over 54,000 people, sits at 2,612 feet in elevation between Riverside and Palm Springs in the Inland Empire. The city operates 18 city-owned parks, including a 20-acre sports park as well as an extensive trails system. The Beaumont School District, with 12 schools, has an outstanding reputation, and it ranks highly in the Pass Area. The city is rounded out with various local service clubs, a state-of-the-art community recreation center, a library, two four-star golf courses, and multiple churches.

The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of Transportation, the County of Riverside, Riverside County Transportation Commission (RCTC), California Department of Housing and Community Development, the Federal Railroad Administration, the U.S. Economic Development Administration, and the U.S. Department of Justice.

4. SCOPE OF WORK

The City operates a fleet of transit buses and support vehicles that require professional cleaning services on a scheduled basis to maintain public safety standards, fleet appearance, and overall service quality. The intent of this Request for Proposal (RFP) is to provide regularly scheduled exterior and interior bus and fleet vehicle washing services for the City’s transit fleet as described in Exhibit “A.”

The Scope of Service is provided as a guideline and is intended to identify the City’s initial expectations and requirements. Vendors may suggest modifications to the proposed Scope of Services and shall expand the scope to include additional and/or optional tasks if deemed necessary to execute and facilitate the proposed services to complete the Project. At a minimum, the following specific tasks are to be included in the proposed Scope of Services attached in Exhibit “A”.

Vendor must be proactive and knowledgeable of all regulations required for project acceptance. Vendor shall be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and budget.

5. TERM

The initial term of the Agreement shall be for a period of one (1) year from the Commencement Date. Unless otherwise agreed to by the Parties or as may be required by law, this Agreement may be renewed for an additional one (1) to three (3) year extensions upon the mutual written agreement of the Parties. Any renewal term shall be based on the same prices, terms, and conditions as the initial term unless otherwise agreed to in writing by the Parties or as may be required by law.

6. PROPOSAL REQUIREMENTS

The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below.

A. Cover Letter: Maximum of two (2) pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the vendor contractually. The letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the vendor. The cover letter constitutes certification by the vendor, under penalty of perjury, that the vendor complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the vendor may be rejected.

B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub-contractors shall be identified and included in the proposal (all sub-contractors must be approved by City prior to signing the agreement with City).

C. Approach: The firm’s approach to delivering the scope of services. Provide a description of the firm’s approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.

D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc.

E. Firm Experience/Qualifications:

A list of the five (5), most recent, similar projects by the proposed project team. Include at least three (3) projects on which all the principal team members, including key sub-contractors, worked together. Each description shall include:

a) The name of the client and a contact name, address, and telephone number.

b) The scope of the Vendor’s involvement in the project.

c) The month and year the projects started and the month and year they were completed.

d) The total value of the services provided.

e) The key personnel involved, and the sub-contractors employed.

A list of any Vendor’s contracts terminated (partially or completely) by clients for convenience or default within the past five years. Include contract value, description of work, client, contract number, and the name and telephone number of the contracting entity.

F. Location of principal office that will be responsible for the implementation of this contract.

G. Proposed Team: Provide a summary description of all personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager.

H. References: Provide at least three (3) references from previous cities, counties or other agencies for similar work completed within the last five (5) years, which include: name, address, contact person and phone number for the agency, length of time services were provided, staff assigned to each project by your firm, and a description of the services provided. All submitted materials shall become the property of the City of Beaumont.

I. Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Services should be presented in a logical format that can be easily attached to the General Services Agreement (Exhibit C). Any additional items not mentioned above in the list but needed to get to full design and construction shall be included in the proposal as additional items for consideration.

J. Cost proposal: Provide detailed cost of services in a separate attachment electronically.

Costing should include:

· Unit pricing by vehicle class and service type as identified in the Scope of Work.

· A completed pricing table based on the vehicle classes and service frequencies identified in this RFP.

· Any area which proposers believe should be included in the scope of work in this proposal, but which is not stipulated in this RFP, and identifies the costs associated with the services rendered.

Please note, Proposers shall be expected to preplan to make cost saving reductions wherever possible. Pricing shall be all-inclusive of all labor, equipment, materials, supplies, travel, and other costs necessary to perform the services described in this RFP.

K. List of all current/outstanding contracts, their status, and the completion date for each contract.

L. Any other information which should be considered, such as any special services or customer service philosophy which define your firm’s practice.

M. The firm will be required to have general liability insurance including liability at a minimum of two million per occurrence, worker’s compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution. See detailed insurance requirements included in the Sample Agreement included herein as Exhibit “C”

7. SUBMITTAL

Submit one (1) digital color copy of proposal and one (1) digital copy of the cost proposal in PDF format on Planetbids in accordance with the bid submission deadline provided in this RFP. Proposal must be titled “Proposal for City of Beaumont exterior and interior bus and fleet vehicle washing services” and Cost proposal must be titled “Cost Proposal for City of Beaumont exterior and interior bus and fleet vehicle washing services”

No proposals will be accepted after the due date. Once submitted, proposals cannot be altered without prior written consent from the City. The prospective bidder assumes sole responsibility for submitting a complete bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened due to a bidder’s failure to comply with all requirements of the RFP.

All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum per section as noted and using minimum 12-point font size.

All questions regarding this RFP shall be submitted on Planetbids by the deadline for questions provided in this RFP. No questions will be accepted after the above due date. Responses to all questions will be posted on the City’s Planetbids portal.

If prior to the question submittal due date, a prospective Company discovers any ambiguity, conflict, discrepancy, omission, or other errors in this RFP or any of its appendices, exhibits, or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City prior to the question submittal due date, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project-related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, Planetbids, before the deadline and according to these specifications herein.

The Proposer may provide a list of exceptions, edits, or modifications to the proposed Standard Agreement during the Question and Answer process. The City has no obligation to accept any proposed exception, edit, or modification. Proposers will be evaluated on the required services only and any requested exceptions, edits, or modifications will not affect the proposer responsiveness to the RFP. The City reserves the right to make modifications to the Standard Agreement and if selected by the City, the proposer agrees to execute the City’s Standard Agreement Exhibit “C” with or without modification.

BID EVENT SCHEDULE:

8. CONFIDENTIALITY

Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non-effective and will be disregarded.

9. AMENDMENTS TO REQUEST FOR PROPOSALS

The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the City’s Planet Bids Portal:

https://vendors.planetbids.com/portal/66785/bo/bo-detail/143799

10. CITY OF BEAUMONT RIGHTS AND OPTIONS

This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein.

The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information. Subsequent to negotiations, prospective vendors may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.

The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned.

11. CONFLICT OF INTEREST

The vendor shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The vendor shall also list current clients who may have a financial interest in the outcome of this contract.

12. PROPOSAL EVALUATION/SELECTION

The City intends to engage the most qualified vendor available that demonstrates a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate the proposals:

1. Understanding the scope of services

The City may request a qualification interview with the highest ranked vendor(s) prior to determining the final ranking. This selection will be conducted according to the City’s adopted procedures. The City reserves the right to reject any and all proposals.

Attachments

A. Exhibit A- Scope of Services B. Exhibit B- Vehicle List C. Exhibit C- General Services Agreement Sample

Exhibit “A” Scope of Services

Project Summary The City of Beaumont is seeking qualified vendors to provide regularly scheduled exterior and interior bus and fleet vehicle washing services for its transit fleet. The City operates a fleet of transit buses and support vehicles that require professional cleaning services on a scheduled basis to maintain public safety standards, fleet appearance, and overall service quality.

This Scope of Work describes the nature of the services required, the service schedule, contractor responsibilities, performance standards, insurance requirements, and the projected procurement timeline.

Class I Transit Buses

Class II Support Vehicles

*Please refer to Exhibit “B” for detailed list of vehicles

Scope of Services Class The selected contractor shall furnish all labor, equipment, cleaning supplies, and materials necessary to perform complete bus and fleet vehicle washing services as described herein. All work shall be performed on-site at City of Beaumont Facilities. The contractor shall not subcontract any portion of the work without prior written approval from the City.

Exterior Washing Services Class I The contractor shall perform full exterior washing of all transit buses assigned by the City. Exterior washing shall include, at minimum, the following:

1. Complete exterior hand wash or pressure wash of the entire vehicle body, including front, rear, sides, roof, and undercarriage areas accessible without specialized equipment

1. Removal of dirt, grime, road debris, bird droppings, insects, and other surface contaminants

1. Cleaning and rinsing of all exterior windows and mirror housings

1. Cleaning of wheel wells, tires, and accessible undercarriage surfaces

1. Spot-free final rinse to prevent water spotting on all painted and glass surfaces

1. Cleaning of front and rear bumpers, destination sign housings, and exterior lighting fixtures

1. Application of tire dressing to all tires following each wash

1. Removal of graffiti, stickers, and unwanted markings from exterior surfaces where applicable

1. Use of professionally appropriate, environmentally compliant cleaning chemicals approved by the City.

Interior Cleaning Services The contractor shall perform interior cleaning of transit buses as scheduled by the City. Interior cleaning shall include, at minimum, the following:

Operator Area:

1. Clean and wipe driver seat, seat frame, and headrest

1. Clean steering wheel, dashboard, instrument panel, and side console

1. Clean driver-side windows and windshield interior

1. Clean and disinfect accelerator and brake pedal area

1. Clean driver area flooring including under and behind seat

1. Empty and clean operator wastebasket and small storage compartments

1. Apply disinfectant to all high-touch surfaces

Passenger Area:

1. Vacuum and shampoo all passenger seating upholstery and carpeting

1. Wipe and clean all seatbacks, armrests, and seat frames

1. Clean all interior windows, window frames, and window glazing

1. Dust and wipe all sidewalls, interior ceiling panels, and air conditioning ducts and grilles

1. Clean all stanchions, handrails, grab handles, and fare box exterior surfaces

1. Remove gum, stickers, and graffiti from all interior surfaces

1. Clean interior advertisement card holders and surrounding surfaces

Flooring:

1. Sweep and mop all flooring surfaces

1. Strip and re-apply non-skid wax to all floor material as required

General Interior:

1. Remove and dispose of all trash and debris

1. Clean interior dome lighting lenses and housings

1. Apply disinfectant to all passenger contact surfaces following cleaning

1. Complete a vehicle-specific checklist for each unit serviced, signed by both contractor staff and City representative

Exterior Washing Services Class II The contractor shall perform full exterior washing of all City fleet vehicles assigned by the City. Exterior washing shall include, at minimum, the following:

· Complete exterior hand wash or pressure wash of the entire vehicle body, including front, rear, sides, roof, and undercarriage areas accessible without specialized equipment

· Removal of dirt, grime, road debris, bird droppings, insects, and other surface contaminants

· Cleaning and rinsing of all exterior windows and mirror housings

· Cleaning of wheel wells, tires, and accessible undercarriage surfaces

· Spot-free final rinse to prevent water spotting on all painted and glass surfaces

· Cleaning of front and rear bumpers, running boards, bed rails, and exterior lighting fixtures

· Application of tire dressing to all tires following each wash

· Removal of graffiti, stickers, and unwanted markings from exterior surfaces where applicable

· Use of professionally appropriate, environmentally compliant cleaning chemicals approved by the City

Interior Cleaning Services The contractor shall perform interior cleaning of all assigned City fleet vehicles as scheduled by the City. Interior cleaning shall include, at minimum, the following:

Driver Area:

· Clean and wipe driver seat, seat frame, and headrest

· Clean steering wheel, dashboard, instrument panel, and center console

· Clean driver-side windows and windshield interior

· Clean and disinfect accelerator and brake pedal area

· Clean driver area flooring including under and behind seat

· Empty and clean any cab storage compartments and door pockets

· Apply disinfectant to all high-touch surfaces

Passenger and Rear Seating Area (where applicable):

· Vacuum and wipe all passenger and rear seat upholstery and surfaces

· Wipe and clean all seatbacks, armrests, and seat frames

· Clean all interior windows and window frames

· Dust and wipe all interior panels, door cards, and air conditioning ducts and grilles

· Remove gum, stickers, and graffiti from all interior surfaces

Flooring:

· Sweep, vacuum, and mop all flooring surfaces and floor mats

· Remove all loose debris, dirt, and moisture from floor areas

General Interior:

· Remove and dispose of all trash and debris from the cab and any cargo areas

· Apply disinfectant to all occupant contact surfaces following cleaning

· Complete a vehicle-specific checklist for each unit serviced, signed by both contractor staff and the City representative

Service Schedule The contractor shall maintain a fixed, agreed-upon service schedule that allows City staff to properly stage vehicles for washing and to maintain uninterrupted transit operations. The following scheduling requirements apply:

1. Exterior and interior cleaning shall be performed on a frequency established at contract award, anticipated to be weekly for transit buses and bi-weekly for transit support vehicles and City fleet vehicles.

1. Vehicle detailing shall be performed annually for all transit buses, transit support vehicles and City fleet vehicles, or as otherwise directed by the City.

1. All services shall be scheduled in coordination with the appropriate supervisor for each department based on the availability of their fleet.

1. The contractor shall coordinate all scheduling with the designated City point of contact at least 72 hours in advance

1. The contractor shall maintain a fixed schedule and notify the City immediately if any scheduled service cannot be performed as planned

Performance Standards All work performed under this contract shall meet the following minimum standards:

1. Exterior surfaces shall be cleaned to a standard free of visible dirt, grime, graffiti, water spots, and surface contaminants following each service

1. Interior surfaces shall be cleaned to a "Like New" standard, defined as free of dirt, debris, stains, odors, and graffiti, with surfaces returned to original color and finish; normal wear and tear is acceptable

1. Any vehicle not cleaned to the required standard shall be re-cleaned by the contractor at no additional cost to the City prior to being accepted

1. The contractor shall not begin billing for any vehicle until the City representative has reviewed and accepted the completed work

1. The City reserves the right to reject and require re-cleaning of any vehicle that does not meet performance standards

Location of Services:

· Transit Buses & City Vehicles, City Hall- 550 E 6th Street Beaumont, CA 92223

· Transit Fleet, 550 N. California Ave, Beaumont CA 92223

· Public Works, 252 W. 4th St. Suite E, Beaumont CA 92223

· Community Service, 714 West 4th Street Beaumont, CA 92223

· Community Service, 1310 Oak Valley Parkway, Beaumont, CA 92223

· Wastewater Treatment Plant, 715 W. 4th Street Beaumont, CA 92223

Exhibit “B” Vehicle List

Class I – Transit Buses

Van

Van

Class II – Support Vehicles

2615/BS1

Exhibit “C”

AGREEMENT FOR GENERAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR GENERAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the _________________, 2026 by and between the CITY OF BEAUMONT, a California municipal corporation (“City”) whose address is 550 E. 6th Street, Beaumont, California 92223, and ______________________, a California ___________ whose address is ____________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS

This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide the following services: [brief general description of services]; and

B. Contractor has made a proposal (“Proposal”) to the City to provide such services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and

C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after [GENERAL SERIVCE AGREEMENTS MAY HAVE A TERM OF 3 YEARS WITH TWO 1 YEAR RENEWALS IF APPROVED BY CITY COUNCIL (Beaumont Municipal Code 3.01.040(I))] __ (__) year(s) unless extended by the parties with the approval of the City Council of the City.

2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: [Specific description of Services (detailed description of specific services, deliverables, and expected outcomes)] in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates ___________ as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of _____________ Dollars and Zero Cents ($[__]).

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:

a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;

b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;

c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 Contractor warrants that it has investigated the scope, site, and conditions of the Services, understands the challenges involved, and will perform in accordance with this Agreement. Contractor shall promptly notify the City of any latent or unknown conditions and shall not proceed without written direction from the Project Manager.

All Services shall be of good quality and free from defects. For one year after final acceptance (or longer if required by other warranties), Contractor shall, at its sole expense and within ten (10) days of notice, correct any defective or non-conforming Services and repair related damage, including work of others affected thereby. Corrected Services shall carry a renewed one-year warranty from the date of acceptance.

If Contractor fails to fulfill these obligations, the City may correct the work at Contractor’s expense, and Contractor shall reimburse the City upon demand. Payment by the City shall not be deemed acceptance of defective work.

5.13 Time is of the essence in the performance of this Agreement.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA. Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications. Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.

a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.

b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different…