NOTICE OF REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES

Transcription

1 NOTICE OF REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES NOTICE IS HEREBY GIVEN that the City of Bellflower (City) will receive proposals for providing Janitorial Services. Proposals will be received at the City Hall Reception Desk, Civic Center Drive, Bellflower, California, until 4:30 p.m. (Pacific Time) on Thursday, September 20, All proposals must be clearly marked, CITY OF BELLFLOWER JANITORIAL SERVICES PROPOSAL, and will be delivered during the business hours of 8:30 a.m. to 4:30 p.m., Monday through Friday, except holidays and those Fridays on which City Hall is closed, to the City Hall Reception Desk. POSTMARKS WILL NOT BE ACCEPTED. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Facsimiles will not be accepted. The City may extend the deadline at its option. Submit three (3) copies of your Proposal. It should be understood that the final fee will be negotiated with the City. As part of the Cost Proposal, please provide a breakdown of the fee by monthly fees and reimbursables. All submitted proposals will be reviewed and analyzed by City staff and the proposals which best meet the City s needs will be selected for further analysis and negotiation. The City reserves the right, in its sole discretion during the selection process, to reject any or all proposals or any portion without exception or explanation. Parties interested in obtaining a Request for Proposals (RFP) Package (at no cost) should contact the: Public Works Department 9944 Flora Vista Street Bellflower, CA (562) x2259 A copy of the RFP can also be downloaded from the City s website at: For questions regarding this RFP you may contact Ron Catone, Facilities Division Head, at , extension Prospective proposers that are interested in viewing the City s facilities covered in this RFP must contact Ron Catone no less than 48 hours in advance to schedule an appointment. SUBMITTAL DEADLINE TO BE CONSIDERED, PROPOSAL MUST BE SUBMITTED NO LATER THAN Thursday, September 20, 2018, at 4:30 p.m. at the City Hall Reception Desk, Civic Center Drive, Bellflower, California, Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Electronic mail or facsimiles will not be accepted. The City may extend the deadline at its option.

2 Notice of RFP for Janitorial Services City of Bellflower Page 2 of BACKGROUND The City of Bellflower (City) is seeking proposals from qualified service providers who can provide janitorial services at Bellflower City Hall, Civic Center Drive; City Maintenance Yard, 9944 Flora Vista Street; Aquatic Center, Bellflower Boulevard; Sheriff s Substation, Bellflower Boulevard, and The Mayne Events Center and Fire Museum, Bellflower Boulevard. The successful service provider must be able to perform all the work as specified within this RFP. 2.0 SCOPE OF SERVICES Service provider will perform the following services daily: Doors and roll-up doors will be cleaned. Surfaces within normal reach will be dusted and kept clean, including ledges, sills, baseboards, rails stairways, banister, display cases, cabinets, bookcases, and corners. Carpeted floors, including corners, will be vacuumed. Tile floors will be swept with a treated dust preventative mop. Furniture will be dusted. Mirrors will be cleaned and polished. Display cases will be cleaned. Entrance doors will be cleaned. Interior glass windows/ partitions will be cleaned. Telephones, including elevator telephone, will be dusted. Walls will be spot cleaned so long as the removal of marks does not spoil the general appearance of the walls. Wall switch cover plates will be cleaned. Waste containers will be cleaned and emptied. Drinking fountains will be cleaned and disinfected. Woodwork within normal reach will be dusted and cleaned. Elevator doors will be cleaned and polished. Outside of appliances will be cleaned. Countertops will be cleaned and disinfected. Clean and inspect paper towel and soap dispensers for proper working condition and restock supplies. Tile floors will be swept, thoroughly cleaned and disinfected. All Basins, bowls, and urinals will be thoroughly cleaned and disinfected daily. Note: Waterless urinals to be cleaned by spraying with a glass cleaner containing ammonia and wiped. Nothing is to be poured into waterless urinals, including water. Both sides of toilet seat will be cleaned and disinfected. Chrome and metal fixtures will be cleaned and polished. Clean and inspect toilet paper, paper towel and soap dispensers for proper working condition and restock supplies. Feminine napkin disposal containers will be emptied and disinfected and cleaned. Shower doors will be spot cleaned and stains will be removed. Tile floors will be swept, thoroughly cleaned and disinfected.

3 Notice of RFP for Janitorial Services City of Bellflower Page 3 of 11 Walls and partitions will be spot cleaned. Obvious dirt and splash marks will be removed. Service provider will perform the following services weekly: All surfaces above normal reach will be dusted and kept clean, including ledges, sills, baseboards, rails, stairways, banister, display cases, cabinets, book cases, corners, light fixtures, ceilings, ceiling vents and blinds. All tile floors will be thoroughly cleaned Chair mats will be cleaned weekly All leather upholstery will be damp wiped and polished All fabric upholstery will be vacuumed Telephones, including elevator telephone, will be disinfected. Woodwork above normal reach will be dusted and cleaned. Audience seats in the Council Chambers and Auditorium will be dusted and vacuumed. Waste containers will be thoroughly cleaned and disinfected Service provider will perform the following services quarterly: Door hardware will be polished. Removal of light fixtures for thorough cleaning. All carpeted floors will be shampooed. All fabric upholstery to be shampooed. All interior and exterior glass windows, doors and partitions will be cleaned and polished. Drinking fountains will be thoroughly cleaned and polished Woodwork above normal reach will be dusted and kept clean 3.0 ADDITIONAL SERVICES Additional services, including emergency call-outs, or assignments requested by the City will be performed by the service provider. Payment for such services will be based upon the hourly rate provided in the proposal. 4.0 CHANGES IN SERVICES During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or number of janitorial duties/locations serviced. The said increase or decrease will be by written amendment to the agreement with the service provider. The unit price for change in janitorial services or locations will be the agreement s unit price.

4 Notice of RFP for Janitorial Services City of Bellflower Page 4 of EMERGENCY RESPONSE The selected service provider will respond to the City during the event of any emergency, if so requested. Payment to the service provider will be measured by the actual hours spent working. 6.0 DISPOSAL The service provider will transport and dispose of all waste in accordance with all County, State, and Federal regulations. 7.0 SERVICE HOURS Standard operating hours under this agreement will be as agreed to by City and service provider, and will be during regular non-business hours. 8.0 HOLIDAYS The following is a list of holidays on which the agreement service will not be performed: New Year s Day President s Day Memorial Day Independence Day Labor Day Veteran s Day Thanksgiving Holiday (Fourth Thursday and Friday in November) Christmas Eve Christmas Day New Year s Eve 9.0 COMMUNICAITON A. The service provider contact will be responsible for inspection of equipment and to identify special requirements and deficiencies. At the end of each service, service provider will make contact with the City s representative for the purpose of exchanging information, including production and deficiency reports. B. The service provider will have twenty-four (24) hour telephone service as well as a contact available seven days a week to receive complaints/requests for service forwarded by the employees of the City of Bellflower. All complaints will be resolved in an expeditious manner within the following twenty-four (24) hour period COMPLAINTS A. The City will notify the service provider by telephone and/or in writing of each complaint reported.

5 Notice of RFP for Janitorial Services City of Bellflower Page 5 of 11 B. The service provider will keep a log of all complaints and will submit this log to the City on a monthly basis. The log will contain information relative to the resolution of each complaint SERVICE PROVIDER S EMPLOYEES A. Identification: Service provider s employees shall be required to wear a clean uniform bearing the company s name. B. Driver s License: Employees driving the Service Provider s vehicles shall at all times possess and carry a valid State California Driver s License for the appropriate types, size, weight, and use of the vehicle operated by the Service Provider s employee. C. Conduct: The Service provider s employees will not identify themselves as being employees of the City of Bellflower. Employees will conduct themselves in a courteous and respectful manner. The City retains the right to require a particular operator be removed from working on this agreement COMPENSATION A. All regular service shall be provided pursuant to the monthly fee agreed upon by the Service Provider and the City. The Service Provider must invoice the City on a monthly basis showing the amount of service actually performed. If there are any deficiencies that were not corrected, a separate sheet listing those matters will be submitted. B. Additional services: Emergency call-outs will be measured by the actual hours spent working plus the shortest travel time either to or from the work site. Travel time longer than twenty (20) minutes must be justified in a written report. The hours will be calculated to the nearest one-quarter hour (15) minutes PROGRAM SCHEDULE 13.1 SERVICE PROVIDER SELECTION SCHEDULE The City intends to utilize the following planning chart for the timetable and process of evaluating engineering proposals. The time table is subject to change at City s discretion. Release of RFP 8/31/18 Request for Information Due at 5:00 p.m. 9/13/18 Proposals Due at 4:30 p.m. 9/20/18 Proposal Evaluation Period 9/21/18-9/27/18 Agreement Approval 10/8/18

6 Notice of RFP for Janitorial Services City of Bellflower Page 6 of 11 All questions regarding this RFP must be received in writing by 5:00 p.m. on Thursday, September 13, Any changes to the RFP requirements will be made by addendum. All addenda shall be signed by proposers and attached to the proposal. Failure to attach any addenda may render the proposal non-responsive and cause it to be eliminated from consideration PROPOSAL FORMAT GUIDELINES Interested Service Providers are to provide the City with a thorough proposal using the following guidelines: 14.1 COVER The cover should clearly display the title of this RFP, City of Bellflower Janitorial Services Proposal. Each submittal should have tabs numbered with the following categories: 14.2 EXECUTIVE SUMMARY Provide a cover letter that states the title of the RFP. Include the following information: Primary contact for the submittal Street address(post office boxes are not acceptable) Telephone number Fax number address Web address, if applicable 14.3 INTRODUCTION Provide general information about your firm including size, scope of practice, years in business, number of employees and office location(s). State the legal name, address and legal structure of your firm PROGRAM TEAM AND MANAGEMENT Organization: This section should include a listing of the staff and management proposed for the Services to be provided, as well as an organization chart Prior Experience: Indicate the relevant experience of the firm in undertaking this work. Provide a description of at least five previous Service Agreements. For each Service Agreement, identify the client and client contact, type of funding, and cost.

7 Notice of RFP for Janitorial Services City of Bellflower Page 7 of Key Staff: Indicate the education, registration, licenses and certifications, background and relevant experience of the individuals principally responsible for the completion of the work. Indicate years with your firm and whether qualifying experience was with your firm. Identify the roles, responsibilities and time commitment of all key staff. Include resumes of key staff APPROACH TO REQUESTED SERVICES State your understanding, approach to the services, proposed methodology and any suggestion for the City SCHEDULE AND HOURS Provide your proposed schedule for the locations listed in Exhibit A CITY PROVIDED SUPPORT State any support you will require from the City ADMINISTRATIVE REQUIREMENTS Signature: The Proposal will be signed by a company officer authorized to bind the firm and will contain a statement indicating that the proposal is valid for ninety (90) days Questions Regarding the RFP: Please direct any question regarding this RFP in writing to the City s Facilities Division Head, Ron Catone, at rcatone@bellflower.org or via fax at COST PROPOSAL The City is interested in a cost proposal consisting of monthly rates for janitorial services listed herein, including a rate schedule for services provided outside of normal business hours GENERAL TERMS AND CONDITIONS 15.1 AGREEMENTS BETWEEN SERVICE PROVIDER AND CITY The City will prepare an Agreement for Services for implementation between the successful Service Provider using the template in Exhibit B. Proposal must state Service Provider s willingness to enter into City s agreement as represented in Exhibit B, or list any amendments that may be proposed STATUTORY REQUIREMENTS The Services performed by the Vendor in accordance with an Agreement executed pursuant to this RFP must be in full conformance with all requirements, laws, rules and regulations of the State of California, all laws, rules, requirements and regulations of the Federal Government, and all local ordinances to the extent applicable.

8 Notice of RFP for Janitorial Services City of Bellflower Page 8 of LATE SUBMITTALS It is the Service Provider s sole responsibility to ensure proposals are received at the City Hall Receptionist s Desk prior to the scheduled closing time specified in this RFP. Submittals will not be accepted after the deadline. Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for Statements of Proposals to be submitted after the above due date. s and facsimiles will not be accepted EVALUATION OF SUBMITTALS The City will evaluate submittals with the intent of selecting the most qualified Service Provider. Evaluation criteria include but are not limited to the following: Evaluation Factor %Weight Cost/Value 60 Meaningful experience providing Janitorial Services 15 Compliance with RFP requirements (Scope of Services, Proposal Format, etc.) 10 Responsiveness and thoroughness of proposal 10 Level of care and support provided to internal and external customers 5 Total 100 After evaluation of the proposals, negotiation for the price of the agreement will commence with the top ranked proposer based on the submitted cost proposals. If agreement cannot be reached, negotiations may be initiated with the next ranked proposer REJECTION OF PROPOSALS The City reserves the right to reject all proposals received in response to this RFP and to waive any informality in any proposal if it is determined to be in the best interest of the City to do so PROPOSAL VALIDITY PERIOD Each Proposal must contain a statement to the effect that the Proposal is a firm offer for 180 days from the Submission Date. This statement must be signed by an individual authorized to contractually bind the Vendor, and must include his/her name, title, address, and telephone number. All prices quoted must be firm and fixed for the full contract period SUBSTITUTION OF PERSONNEL If one or more of the key personnel represented in the proposal becomes unavailable during the course of the programs, then the Service Provider may substitute other personnel of at least equal competence upon written approval of the City. The Service Provider must notify the City of such substitution no less than one week in advance. In the event that the City and Service Provider cannot agree as to the substitution of key personnel, the City will be entitled to terminate the Agreement for Services with the Service Provider.

9 Notice of RFP for Janitorial Services City of Bellflower Page 9 of DOCUMENTS TO BE CONSTRUED TOGETHER The RFP and all documents incorporated by reference in an agreement entered into between the Service Provider and the City, and all modifications of said documents, will be construed together as one document INSURANCE REQUIREMENTS The Service Provider will maintain at a minimum the insurance requirements specified in the Maintenance Services Agreement EXTRA WORK The City will have the right to make alterations, eliminations, and additions to the work. Exercise of such right will in no way void the agreement. The City and the Service Provider will agree upon the value of such extra work or deleted work prior to proceeding with the said extra work SUBMITTALS Three (3) copies of the proposal must be received by the date and time specified above in this RFP. Hand deliver, express, or mail proposals only to: 16.0 PREVAILING WAGES City of Bellflower Public Works Department Attn: Bernardo Iniguez, Public Works Manager Civic Center Drive Bellflower, CA A. Pursuant to Labor Code 1720, and as specified in 8 California Code of Regulations 16000, the Service provider must pay its workers prevailing wages. It is the Service provider s responsibility to interpret and implement any prevailing wage requirements and the service provider agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code , copies of the prevailing rate of per diem wages are available on the website for State of California prevailing wage determination at C. The City directs the service provider s attention to Labor Code , and 3098 concerning the employment of apprentices by the service provider or any subcontractor. D. Labor Code requires the service provider or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of

10 Notice of RFP for Janitorial Services City of Bellflower Page 10 of 11 the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. iii. iv. When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When the service provider provides evidence that the service provider employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. The service provider is required to make contributions to funds established for the administration of apprenticeship programs if the service provider employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other the service providers on the public works site are making such contributions. vi. The service provider and any subcontractor must comply with Labor Code and in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. The service provider and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the service provider must provide copies of the records at its cost DIR REGISTRATION If applicable, the service provider and any subcontractors must be registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section

11 Notice of RFP for Janitorial Services City of Bellflower Page 11 of 11 Attachments: Exhibit A: List of Locations to be Serviced Exhibit B: Cost Proposal Exhibit C: Sample Maintenance Services Agreement

12 1. City Hall Administration Area Auditorium Auditorium Control Room Auditorium Office City Clerk s Office Common Areas Common Area Restroom Economic Development Offices Computer Room Conference Rooms Copy Rooms Council Chambers Drafting Room Dressing Room (M/F) Elevator EOC File Rooms Finance Department Front Counters Hallway/Corridors Green Room Janitor s Closet Lobby Lobby Restrooms Lobby Stairs Lunchrooms Mayor s Office Offices Outer Vault Private Offices Private Restrooms Reception Areas Stairwells Storage Areas Ticket Room EXHIBIT A LOCATIONS TO BE SERVICED Page 1 of 3

13 CITY OF BELLFLOWER NOTICE OF REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES EXHIBIT A- LOCATIONS TO BE SERVICED Page 2 of 3 2. City Yard Locker Room Offices Restrooms 3. Sheriff's Substation Changing Area Conference Room Copy Room Counter Areas Hallway/ Corridor Janitor s Closet Lobby Lounge Area Lunchroom Offices Private Offices Reception Areas Restrooms Stairwell Storage Areas 4. Aquatic Center Lobby Men s Locker Room, Shower, and Restroom Office Outside Restrooms Weight Room Women s Locker Room, Shower, and Restroom 5. The Mayne Events Center and Fire Museum First Floor Lobby Restrooms Stairs Second Floor- Conference Rooms Kitchen

14 CITY OF BELLFLOWER NOTICE OF REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES EXHIBIT A- LOCATIONS TO BE SERVICED Page 3 of 3 Lobby Offices Restrooms

15 CITY OF BELLFLOWER NOTICE OF REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES EXHIBIT B- COST PROPOSAL 1. Janitorial Services City Hall, City Yard, Sheriff's Substation, Aquatic Center. $ /month 2. Janitorial Services The Mayne Events Center and Fire Museum. $ /month Hourly Rates and Additional Services, if necessary: Janitorial Service Provider Hourly Rate $ Janitorial Service Provider Hourly Rate-Holidays $

16 AGREEMENT FILE NO. XXX MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF BELLFLOWER AND Consultant name FOR JANITORIAL SERVICES [CANNOT BE USED FOR CONSTRUCTION, RECONSTRUCTION, ERECTION, ALTERATION, RENOVATION, IMPROVEMENT, DEMOLITION, REPAIR WORK, PAINTING OR MAJOR REPAINTING] THIS MAINTENANCE AGREEMENT ( Agreement ) is made and entered into this Click here to enter text. day of Click here to enter text. 2018, by and between the CITY OF BELLFLOWER, municipal corporation and a general law city ( CITY ) and Contractor name, a type of organization, e.g., corporation, and state of incorporation ( CONTRACTOR ). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR s services not to exceed a total of $ for the work. CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit B, which is incorporated by reference. 2. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date.. The Agreement may be renewed upon mutual consent of the parties by amending this Agreement. 3. SCOPE OF SERVICES. A. This Agreement may be used for maintenance services which include the following: i. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. ii. iii. iv. Minor repainting. Resurfacing of streets and highways at less than one inch. Landscape maintenance. Page 1 of 9

17 City of Bellflower Agreement File No. XXX Name of contracted party Page 2 of 9 v. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems and electrical transmission lines of 230,000 volts and higher. vi. Carpentry, electrical, plumbing, glazing, and other craftwork. B. CONTRACTOR will perform the maintenance services listed in the Scope of Services, which is incorporated by reference. C. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code 1720, and as specified in 8 California Code of Regulations 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code , copies of the prevailing rate of per diem wages are available upon request from CITY s Engineering Division or the website for State of California Prevailing wage determination at CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR s attention to Labor Code , and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

18 City of Bellflower Agreement File No. XXX Name of contracted party Page 3 of 9 i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. iii. iv. When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. vii. CONTRACTOR and any subcontractor must comply with Labor Code and in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY.

19 City of Bellflower Agreement File No. XXX Name of contracted party Page 4 of 9 B. CITY s City Manager may make payments up to $Click here to enter text. for special items of work not included in the project scope of work and services. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: i. Thoroughly investigated and considered the scope of services to be performed; ii. iii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR s own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability $2,000,000 Professional Liability $1,000,000 Workers compensation Statutory requirement

20 City of Bellflower Agreement File No. XXX Name of contracted party Page 5 of 9 B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as additional insureds under said insurance coverage and to state that such insurance will be deemed primary such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an occurrence, not a claims made, basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA , including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of A:VII. Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word endeavor with regard to any notice provisions. E. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the selfinsured retention ( SIR ) and deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR s behalf upon the CONTRACTOR s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

21 City of Bellflower Agreement File No. XXX Name of contracted party Page 6 of 9 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written notice to proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR s own risk. 9. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY s termination under this Section. 10. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section CITY includes CITY s officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

22 City of Bellflower Agreement File No. XXX Name of contracted party Page 7 of INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY s and CONTRACTOR s project managers. Notice sent by mail will be addressed as follows: If to CONSULTANT: If to CITY: Attention: Click here to enter text. Attention: Click here to enter text. Click here to enter text. City of Bellflower Click here to enter text Civic Center Drive Click here to enter text. Bellflower, CA phone (562) B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23 City of Bellflower Agreement File No. XXX Name of contracted party Page 8 of CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County. 20. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY s city manager may execute any such amendment on behalf of CITY. 21. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

24 City of Bellflower Agreement File No. XXX Name of contracted party Page 9 of FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties control, then the Agreement will immediately terminate without obligation of either party to the other. 25. ENTIRE AGREEMENT. This Agreement and its attachment(s) constitutes the sole agreement between CONTRACTOR and CITY respecting Click here to enter text.. To the extent that there are additional terms and conditions contained in the exhibit(s) that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF BELLFLOWER Click here to enter text. Jeffrey L. Stewart, City Manager Click or tap here to enter text. ATTEST: Mayra Ochiqui, City Clerk Taxpayer ID No. enter no. APPROVED AS TO FORM: Karl H. Berger, City Attorney