REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS DOWNTOWN SOUTH SAN FRANCISCO OUTDOOR HOLIDAY DECORATIONS Proposals must be received no later than: Friday, 08/21/2015 at 4:00 p.m. Deliver proposals to: City of South San Francisco Economic and Community Development Department Julie Barnard Downtown Coordinator Or

2 Contents 1. INTRODUCTION SCOPE OF SERVICES MINIMUM QUALIFICATIONS... 4 a. Existence... 4 b. Experience EVALUATION CRITERIA... 4 a. Selection Committee... 4 b. Scoring and Selection... 5 c. Conditions of Proposal Acceptance CITY S STANDARD GENERAL SERVICES AGREEMENT SUBMISSION REQUIREMENTS & SCHEDULE... 6 a. Time and Place for Submission of Proposals... 6 b. Proposal Content... 6 c. Contract Schedule GENERAL CONDITIONS... 7 Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Map of lamppost locations Conceptual Picture of Wreath South San Francisco City Hall South San Francisco Standard General Services Agreement Sample Insurance Requirements

3 1. INTRODUCTION The City of South San Francisco (the City ) is pleased to issue this Request for Proposal ( RFP ) for qualified vendors to supply and manage the Holiday Decorations Program. The City requires new downtown outdoor decorations for the holiday season. The awarded vendor will be responsible for working with the City and its partners to supply the decorations, install and maintain the decorations during the display period, and rotate and store the decorations during the non-display period. The proposals submitted in response to this RFP will be used as the basis for selecting a vendor to perform the Scope of Services. The proposals will be evaluated and ranked according to the criteria provided in Evaluation Criteria in this RFP. This RFP is not an offer by the City to contract with a selected vendor responding to this RFP. The City reserves the right to reject any and all responses, to waive minor irregularities in any proposal, to negotiate with qualified sources, or cancel this request in total or in part. The City also reserves the right to amend this RFP as necessary. It is the proposer s responsibility to frequently check the website for any changes that are made to the RFP. Changes will be clearly indicated in the revised RFP, using red font. All materials submitted to the City in response to this RFP shall remain the property of the City. The responder must bear the costs of preparing and submitting their proposals and the City will not reimburse those costs. 2. SCOPE OF SERVICES The awarded vendor will provide decorations for: 1. Street lampposts (Grand Avenue, Linden Avenue and the Breezeway): Decorations for 105 lampposts are required. These lampposts are 18 6 from base to the center of the top. There are 42 lampposts on Grand Avenue, 58 on Linden Avenue and 5 lampposts in the breezeway (a walkway between Miller Parking Garage and Grand Avenue). See Attachment 1 for a Map of lamppost locations. Decorations for the 105 lampposts will be 5 wreaths, with a red bow, white LED lights and cherry ornaments. (see Attachment 2 for conceptual rendering) A red bow for the back of the lamppost that matches the bow on the wreath. 2. City Hall (400 Grand Avenue): a) A matching wreath and garland for City Hall s balcony, to the scale of the building. 3. Holiday lights intended to outline City Hall One component of the holiday decorations program will include outlining the City Hall building with LED lighting (See Attachment 3 for a diagram of the City Hall). C9 Light Line, Sockets 12" On Center #18 AWG Green Wire With C9 LED Warm White Lamps With Five Diodes To Be Installed With Parapet Clips and Shingle Tabs In Addition To Any Leads, Timers and Extension Cords. Light Line Must Be Installed and Removed. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 3

4 The awarded vendor will also: a) Remove any banners/decorations that are on the light poles b) Install the holiday decorations (wreaths, garland & City Hall lights) c) Maintain the holiday decorations during the display period and respond to service requests within 48 hours d) Take down the holiday decorations at the end of the display period (wreaths, garland & City Hall lights) e) Rotate to any other banners/decorations as directed by the City f) Store decorations in the off-season for length of contract. The contract is expected to last 5 years with potential options to renew thereafter. 3. MINIMUM QUALIFICATIONS In order to be considered for selection, a corporation or other legal entity (a Proposer ) shall meet or exceed each of the following minimum qualifications. Proposals that do not meet the following minimum qualifications shall not be considered. a. Existence The Proposer must have been in existence as a business in the State of California for a continuous period of five (5) years prior to the date of this RFP. b. Experience The Proposer must have at least five (5) years of continuous, first-hand experience in supplying, maintaining, installing and storing external, street décor elements (including subcontract management). At least two (2) years experience must be producing design and décor programming and event management for a local government agency. 4. EVALUATION CRITERIA The vendor will be selected based on qualifications and demonstrated competence that includes a proven track record of supplying holiday decorations, installing, maintaining and storing the decorations. The contract may not necessarily be awarded to the lowest responsible Proposer. When selecting the vendor, the skill and ability of the entity or person performing the services is a key component of the selection criteria. The City will select a vendor based on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Cost will be only one factor in determining the selection. The City will undertake the following evaluation process: a. Selection Committee The proposals will be evaluated by a selection committee of between two and four members (the Committee ) to be determined by the City in its sole discretion. Once the proposals are submitted, City staff will then verify that the Proposer meets the minimum qualification requirements. Once the minimum qualifications are met, staff will evaluate the proposals for compliance with the terms of this RFP. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 4

5 b. Scoring and Selection The Committee will evaluate the proposals using the points and criteria as summarized below: Area RFP Responsiveness Ability to provide all goods and services as outlined in this RFP Ability to store product Ability to respond to maintenance Quality Quality of product samples Relevant Experience Description of other similar projects and number of years in business Price Respondents will be ranked according to price offers Local Vendor California based business Warranty Indicate in your proposal the length of the warranty of the products you will be supplying. Respondents will be ranked according to warranty Total Points 105 References (only top selected vendors references will be checked) 50 Points After the submittals are evaluated and ranked, the City, at its sole discretion, may elect to interview one or more respondents. Note, respondents may be asked to submit additional documentation. Additionally, the City reserves the right to select a proposal without conducting interviews. If a commitment is made, it will be to the most qualified respondent with whom City is able to successfully negotiate the compensation and terms and conditions of any and all agreements. Final selection of a vendor, terms and conditions of any and all agreements, and authority to proceed with these services, shall be at the sole discretion of the City. If the City is unable to negotiate a satisfactory agreement, with terms and conditions the City determines to be fair and reasonable, the City may then commence negotiations with the next most qualified vendor in sequence, until an agreement is reached or determination is made to reject all submittals c. Conditions of Proposal Acceptance This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this RFP, or to procure or contract for any services. The City reserves the right to waive any irregularities or informalities contained within this RFP, and/or reject any or all proposals received as a result of this request; negotiate with any qualified source or to cancel the RFP in part or whole. All proposals and material submitted will become the property of the City of South San Francisco and will not be deemed confidential or proprietary. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 5

6 The City of South San Francisco reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interest of the City. The City and vendor may agree to add additional areas to the contract by mutual agreement at a later date. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis. 5. CITY S STANDARD GENERAL SERVICES AGREEMENT Attachment 4 is the City s standard general services agreement. Responders should be prepared to enter into the agreement under the standard terms and should be able to provide the required insurance. 6. SUBMISSION REQUIREMENTS & SCHEDULE a. Time and Place for Submission of Proposals Three (3) complete sets of each RFP Submittal, One (1) electronic copy and all product samples must be delivered via mail or in person to: Mailing address Physical address Att: Julie Barnard, Downtown Coordinator Julie Barnard City of South San Francisco City of South San Francisco: City Hall Economic Development & Housing Division Economic Development & Housing Division PO Box Grand Avenue South San Francisco, CA South San Francisco, CA Proposals submitted via must be titled Proposal for the City s Holiday Decoration Program and sent to julie.barnard@ssf.net. Proposals must be received (not postmarked) by 4:00 p.m., Friday August 21, Late proposals will not be accepted, and will be returned unopened, regardless of postmark. Prospective Proposers are responsible for having proposals deposited on time at the place specified and assume all risk of late delivery, including any delay in the mail or handling of the mail by the U.S. Postal Service or City employees. Electronic proposals (i.e., telephone, fax etc.) are not acceptable. b. Proposal Content Submissions in response to this RFP must include the following information, in the order specified below. Letter of Introduction Include a letter of introduction describing a general overview/understanding of the proposal. The summary should also include: A representation as to the length of time the Proposer has been in business. A representation of the Proposer s relevant experience. Indicate the contact name, address, phone number, and address of the person authorized by the Proposer to negotiate and execute an Agreement, and the person authorized to communicate with the City in connection with this RFP. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 6

7 Price Offer Proposers shall provide a price offer that clearly outlines the costs of: 1. All decorations 2. Installation cost (installing and uninstalling), including any costs of rotating existing decorations 3. Storage cost 4. Any other costs not listed Proposers shall also provide a Final Cost. Sample In order to assess the quality of the product, proposers must supply the City with one sample of: 1. Wreath 2. Bow 3. Lights for City Hall Samples need not be to the scale of the final product, but must be the same brand/style of product. Samples may be shipped or hand delivered to City Hall at the proposers expense. If the proposer is unsuccessful, samples will be returned at the proposers expense. are to be shipped, a return shipping label must be included in the Bid packet. If the return samples Other proposal documents Rough sketch of lighting design for City Hall and detail of how lights will be installed, attached to the building and removed. Contractors insurance Warranty Names and contact details of 3 References for similar projects c. Contract Schedule ACTIVITY/COMPLETION DATE August 5-21 August 31 September 9 October November 23, 2015 January 4, 2016 ACTIVITY Competitive Bidding of Subcontractors Vendor Selected Council Approval of Contract Contract Executed Begin Display Period End Display Period Remove All Elements 7. GENERAL CONDITIONS Proposers are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Proposer represents and warrants that it has thoroughly examined and is familiar with work required under this RFP, that Proposer has conducted such additional investigation as it DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 7

8 deems necessary and convenient, that Proposer is capable of providing the services requested by the City in a manner that meets the City s objectives and specifications as outlined in this RFP, and that Proposer has reviewed and inspected all materials submitted in response to this RFP. Once the award has been made, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Proposer to request additional compensation. Non-Discrimination Requirement By submitting a proposal, the respondent represents that it and its subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancyrelated conditions, political affiliations or opinion, age, or medical condition. Requests for Information Any questions or requests for clarification concerning the RFP must be directed to Julie Barnard, and sent via to julie.barnard@ssf.net. The City s response to questions or requests for clarification will take the form of Addenda to the RFP, which will be posted on the website, periodically. Responses to questions or comments provided by any other department, employee, or City office concerning the RFP will not be valid and will not bind the City. Inquiries received via telephone, fax, or in-person will not receive a response. No questions or requests for clarification will be accepted after 5:00 p.m. on August 19, It is the proposer s responsibility to frequently check the website for responses to any questions that may have arisen. Financial Responsibility The City shall not be liable for any pre-contractual expenses incurred by the Proposer in responding to this RFP. Submission of the RFP will become the property of the City and may be used by the City in any way deemed appropriate. Insurance and Indemnification Requirements Selected contractor and its selected subcontractor must comply with all insurance and indemnification requirements outlined in Attachment 5 Sample of Contractor Insurance Requirements. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 8

9 SUBMISSION Three (3) complete sets of each RFP Submittal, One (1) electronic copy and all product samples must be delivered via mail or in person to: Mailing address Physical address Att: Julie Barnard, Downtown Coordinator Julie Barnard City of South San Francisco City of South San Francisco: City Hall Economic Development & Housing Division Economic Development & Housing Division PO Box Grand Avenue South San Francisco, CA South San Francisco, CA Proposals submitted via must be titled Proposal for the City s Holiday Decoration Program and sent to julie.barnard@ssf.net. Proposals must be received (not postmarked) by 4:00 p.m., Friday August 21, Late proposals will not be accepted, and will be returned unopened, regardless of postmark. Prospective Proposers are responsible for having proposals deposited on time at the place specified and assume all risk of late delivery, including any delay in the mail or handling of the mail by the U.S. Postal Service or City employees. Electronic proposals (i.e., telephone, fax etc.) are not acceptable. DOWNTOWN SOUTH SAN FRANCISCO HOLIDAY DECORATIONS RFP Page 9

10 Attachment 1 Map of lamppost locations

11 Attachment 2 Conceptual Picture of Wreath Wreath (front) Bow (back)

12 Attachment 3 SSF City Hall City Hall is approximately 100 x 50 ft at the base and approximately 27ft in height to the trim. (Cupola dimensions unknown)

13 Attachment 4 South San Francisco Standard General Services Agreement MINOR CONSTRUCTION AGREEMENT This Agreement (this Agreement ) is made and entered into between the City of South San Francisco, a municipal corporation ( City ) and, ( Contractor ) effective as of, 2014 (the Effective Date ). City and Contractor are hereinafter collectively referred to as (the Parties ). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Work. Contractor shall provide the following services and/or materials ( the Work ):.The Work shall commence on, 2014 and shall be completed to the satisfaction of the City by, 2014 unless such date is extended or otherwise modified by the City in writing. (Attach a Scope of Services if needed to clarify the work to be done as an Exhibit to this Agreement by adding the following: See Scope of Services, attached hereto and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail.) 2. Payment. City shall pay Contractor an amount not to exceed: ($xx,xxx) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment for the Work shall be set forth as follows: [state method, i.e. hourly rate, time/materials] The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Contractor. (A) Invoices. City shall make monthly payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. (B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.

14 (C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and submittal to City of a final invoice, if all services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Contractor. At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the City Indemnitees ) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys fees and costs of litigation) (collectively, Liability ) of every nature arising out of or in connection with Contractor s performance of the Work or Contractor s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section of the Health and Safety Code or of any subsurface or latent physical conditions at the site of any unusual nature differing materially from those generally inherent in the work described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor s (or subcontractor s) sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers Compensation that satisfies the minimum statutory limits.

15 B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Contractor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. Further, if the Vendor s insurance policy includes a selfinsured retention that must be paid by a named insured as a precondition of the insurer s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The City s Risk Manager may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City s acceptance of the Work ( Contractor s Guarantee ), as described in Section 11. As part of Contractor s Guarantee, Contractor agrees to make, at Contractor s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement.

16 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. 13. Tax Withholding. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-california subcontractors as required by law. 14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections

17 (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section , the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certifies and submitted weekly as required by Labor Code Section Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement. 17. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney s fees associated with that legal action or proceeding. 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City.

18 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City or for any amount which may become due to Contractor pursuant to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONTRACTOR: By: By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM: City Attorney

19 Attachment 5 Sample Insurance Requirements

20