Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content in the sequence shown below. If the documentation provided is incomplete, the Proposer may be ineligible for award of a Contract.
REQUIRED
[29 1. COVER LETTER
[29 2. BUSINESS LICENSE INFORMATION, page 13
[Xl 3. PROPOSER QUALIFICATION QUESTIONNAIRE, page 14
[29 4. COST PROPOSAL, page 17
[X] 5. SUBCONTRACTING INFORMATION, page 19
[X] 6. REFERENCES, page 20
[X] 7. ACCEPTANCE OF INDEMNIFICATION & INSURANCE, page 21 [X] 8. DBE LISTING OF SUBCONTRACTORS, page 22
[X] 9. DEBARMENT AND SUSPENSION CERTIFICATION, page 23
[X] 10. TAX LIABILITY CERTIFICATION, page 24
[Xl 11. NON-LOBBYING CERTIFICATION, page 25
[Xl 12. DISCLOSURE OF CONFLICT OF INTEREST, page 26
[Xl 13. SIGNATURE PAGE, page 27
llil 14. SAMPLE CERTIFICATION, page 28
[X] 15. SAMPLE SERVICE CONTRACT, page 29
[X] 16. PRE-PROPOSAL CONFERENCE (See pg. 4 for details) [X] 17. ADDENDA - Signature page of all Addenda issued
12 527896v1
Missing
Proposal Submission - Bus Towing Services RFP No. 12600085 To whom it may concern,
Eppler Towing & Recovery is pleased to submit our proposal for the Bus Towing Services contract in response to RFP No. 12600085. With extensive experience in heavy duty towing, recovery & transport services, our team is fully equipped to meet and exceed the performance requirements outlined in the RFP.
For over 75 years, Eppler Towing & Recovery has provided reliable, professional, and safety focused towing solutions to both public and private sector clients. We understand the critical nature of minimizing downtime and ensuring the safe handling of large commercial vehicles. Our fleet, equipment, and certified operators are prepared to deliver prompt, efficient, and compliant service 24/7.
Our proposal includes all required documentation as outlined in the checklist, presented in the order requested for your review. We believe our experience, dedication to safety, and commitment to customer satisfaction make us the ideal partner for your needs.
We appreciate the opportunity to be considered for this contract and look forward to the possibility of working together. Should you have any questions or require additional information, please do not hesitate to contact me directly at 559-517-6355 or [email protected] Thank you for your time and consideration.
Sincerely,
Holly Ormonde
President
P.O. Box I 88 • Firebaugh, CA 93622
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content in the sequence shown below. If the documentation provided is incomplete, the Proposer may be ineligible for award of a Contract.
REQUIRED
[29 1. COVER LETTER
[29 2. BUSINESS LICENSE INFORMATION, page 13
[Xl 3. PROPOSER QUALIFICATION QUESTIONNAIRE, page 14
[29 4. COST PROPOSAL, page 17
[X] 5. SUBCONTRACTING INFORMATION, page 19
[X] 6. REFERENCES, page 20
[X] 7. ACCEPTANCE OF INDEMNIFICATION & INSURANCE, page 21 [X] 8. DBE LISTING OF SUBCONTRACTORS, page 22
[X] 9. DEBARMENT AND SUSPENSION CERTIFICATION, page 23
[X] 10. TAX LIABILITY CERTIFICATION, page 24
[Xl 11. NON-LOBBYING CERTIFICATION, page 25
[Xl 12. DISCLOSURE OF CONFLICT OF INTEREST, page 26
[Xl 13. SIGNATURE PAGE, page 27
llil 14. SAMPLE CERTIFICATION, page 28
[X] 15. SAMPLE SERVICE CONTRACT, page 29
[X] 16. PRE-PROPOSAL CONFERENCE (See pg. 4 for details) [X] 17. ADDENDA - Signature page of all Addenda issued
12 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
BUSINESS LOCATION
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
BUSINESS LOCATION AND LICENSE
□ The undersigned Proposer does not maintain a place of business in the City of Fresno.
Jg( The undersigned Proposer maintains a place of business in the City of Fresno at:3054 E Cartwr:gtf resno, CA
BUSINESS LICENSE
D The undersigned Proposer has a current City of Fresno Business License and the number is
If the successful Proposer does not have a City of Fresno Business License, he/she shall obtain such a license prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this Contract.
13 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name: Eppler Towing & Recovery
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE
The undersigned Proposer submits the following information in accordance with the proposal specifications:
(Use additional sheets as needed, but no more than 10 pages)
1. a. Business Name (If using more than one business name, please list all names.):
Eppler Towing & Recovery
b. Address: 5748 Avenue 7 1/2 Firebaugh, CA 93622
Is your firm operating as a franchisee? Yes D or No�
If yes, list the franchiser, and number of years your business has been franchised:
2. Provide the names, titles, qualifications, years of experience, and years with your company, for all key personnel in authority in your business, including the key personnel that will be involved in this contract, and the extent to which they will be involved in the performance of the contract.
Holly Ormonde, President, 14 Years Experience, 14 Years With Company Ryan Ormonde, COO, 26 Years Experience, 13 Years With Company
3. How many years has your business been established? _7_5 ________ _ How many years has your business been under your present name? _5_5 ___ _ How many years under former names? (List names and number of years) Epplers Towing 20 Years
4. How many years has your business been providing seNices? _7_5 _______
5. What other types of seNices does your business provide? Towing, Recovery, Transportation, Road Service, Accident Remediation 14 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
6. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If subsidiary or division, name parent company, its principals, and their addresses):
N/A
7. Have there been any contract terminations for the services your business performs before the fulfillment of the contract within the past three years? Yes □ or No i;zJ a. If so, list the date, client, and reason for termination below:
8. How much training and experience do your tow truck operators have? Operators regularly attend either Wreckmaster or TowPros training classes as well as in house refreshers.
9. Outline your support services including establishing direct lines of communication between City assigned staff and your designated on-call supervisors. 24/7 manned dispatch with 24/7 on call supervisor backup.
10. Provide past examples of corrective measures supplied for failure of minimum towing standards. Was the customer pleased with the outcome?
NIA
11. Explain how your company ensures full compliance with all safety regulations.
All operators follow all applicable DOT rules & regulations. In addition all drivers comply with all standards required by the California Highway Patrol Tow Service Agreement.
12. Describe your company's approach to ensuring quality and satisfaction with each tow.
We are constantly updating our fleet with the newest & best technology. Our drivers undergo extensive training. Supervisors are available 24/7 for support to our dispatch, drivers and customers. 15 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
13. Submit a comprehensive plan for recordkeeping, as listed in the evaluation requirements.
We utilize Towbook as our dispatching platform. All other records are kept as per California Highway Patrol requirements for the Tow Service Agreement.
14. Provide a brief expectation for your employees and drivers, including the expected quantity of buses to be towed on time (expressed as a percentage).
All calls will be responded to with the same priority as Law Enforcement calls. Employees are experienced with this level of priority/ service.
15. How does your company stay up to date with the latest industry trends and developments? Listed any prominent services or advantageous equipment.
We impliment the latest tools & equipment available to provide the highest level of service possible as well as ensuring drivers maintain current training & refresher courses. Our extensive fleet of modern equipment will handle and challenges the city may face.
16. What differentiates your service from competitors, and what attribute is most advantageous for FAX?
We have always been able to adapt to our customers needs, we have a team of experienced & skilled operators who thrive on intricate situations & making the impossible possible.
17. What is your company's typical response time for tows within 30 miles? Please list any examples.
We are already meeting the California Highway Patrols requirement of under 60 minutes. These calls will be responded to with the same urgency.
18. What kind of towing method/technique will be used by your agency to tow the buses? Flatbed, affixed chains, etc.
Primary means of bus transportation will be on a landoll, following all federal securement standards. Secondary means of towing and or specialty equipment will be utilized as needed.
19. Are you familiar with all State and City statutes and regulations pertaining to this work and possess the skills and qualified employees to interface with the public on behalf of FAX to complete the requested services. If yes, how so? Yes, we are already an established towing, transport & recovery company servicing California & following all local, State & Federal regulations.
16 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Ep pler Towing & Recovery
(Submit with Proposal)
COST PROPOSAL
REQUIRE MENTS CONTRACT FOR BUS TOWING SERVICES
NO. 12600085
TERM OF CONTRACT The contract shall be in effect for two (2) years from the date of the Notice to Proceed. The contract may be extended for up to three (3) additional one (1) year terms, in accordance with the provisions set forth in these specifications.
Having carefully examined the Request for Proposals, attachments and related documents, the undersigned proposes and agrees to provide to the City of Fresno, in accordance with the Specifications annexed hereto and made a part thereof, the following services at the following rates:
A. Year One
Item Bus Item Unit of Measure Maximum Total Cost Yearly Quantity Heavy Duty Tow Rate
(26,001-52,000 lbs. $ 375.00
1 GVWR) 400 $ 150,000.00
Up to 30 miles from FAX Per tow
MSC Yard
Gone-on-Arrival (Bus is
gone when Tow Operator $187.50
2 arrives, or service call is 20 cancelled twenty minutes Per gone on arrival after point of contact when / cancelled tow $3,750.00
driver enroute)
Year One Subtotal: $153,750.00
Continued
17 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal
B.Year Two
Maximum Item Bus Item Unit of Measure Yearly Quantity Total Cost Heavy Duty Tow Rate
(26,001-52,000 lbs. $ 425.00
3 GVWR) 400 $170,000.00
Up to 30 miles from FAX Per tow
MSC Yard
Gone-on-Arrival (Bus is
gone when Tow Operator $ 212.50
4 arrives, or service call is 20 $4,250.00
cancelled twenty minutes Per gone on arrival
after point of contact when / cancelled tow
driver enroute)
Year Two Subtotal: $174,250.00
The Total Base Amount of Proposal (Years 1 & 2) is$ 380,000 Dollars and 00 Cents.
The minimum number of requests for tows per year shall be no less than 200. The maximum number shall be no more than 420 per year including gone on arrivals/cancelled calls.
ADDITIVE/ ALTERNATIVE COST - BUS RECOVERY SERVICES
In addition to standard tow services, the proposer shall provide the following recovery services for unusual incidents:
Item Scenario
5 Submerged Bus
Recovery
6 Overturned Bus
Recovery
527896v1
Description
Recovery of a bus submerged
in water (e.g., flood zones,
canals)
Recovery of a bus overturned
due to accident or severe
weather conditions
Continued
18 Quantity Flat Rate (includes labor,
equipment, recovery)
Up to 1 $4,750.00
per year
Up to 1 $2,750.00
per year
$328,000.00 MP
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
The Total Additive Alternate Amount is$ 7, 500 Dollars and 00 Cents. -------- --- TOTAL AMOUNT OF ADDITIVE /ALTERNATE & BASE PROPOSAL IS:
$ 387, 500 DOLLARS and 00 CENTS. --------- ------------ The quantities listed on the proposal page(s) are estimates. The actual requirement of the City may be more or less than the quantities specified. The City will pay for only those items which was actually delivered or received during the term of the Contract.
The City reserves the right to reject any and all proposals.
MULTIPLE AWARD:
The City reserves the right to make multiple awards under this solicitation if it is determined to be in the best interest of the City. Awards may be made to one or more proposers whose proposals are deemed to offer the best overall value based on the evaluation criteria set forth in this RFP.
SUBCONTRACTING
If your company is unable to perform specific services described under Bus Recovery Services (e.g., recovery of submerged or overturned buses), and intends to subcontract those services, please list the subcontractor(s) and provide a detailed description of the services to be subcontracted.
In your response, specify:
• The name and contact information of the subcontractor(s) • The recovery services they will perform (e.g., submerged bus recovery, overturned bus recovery)
• The type of equipment or methods they will use
• Any certifications or qualifications relevant to their recovery operations Please use additional sheets of paper as necessary to respond.
If no subcontracting will be required to complete any portion of the Bus Recovery Services or standard towing services, please write "NONE".
None
19 527896v1
$335,500.00 MP
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
REFERENCES
Please list at least three references of similar size and type of services, including governmental agencies, if available.
1. AGENCY/COMPANY NAME: California Highway Patrol - Fresno ADDRESS: 1380 E Fortune Ave Fresno, CA 93725
CONTACT PERSON: Officer Calderon • PHONE NUMBER: 559-705-2200 FAX NUMBER N/A EMAIL [email protected]
LENGTH OF CONTRACT: __ A_ n_n _u _a _l _____ (l..!,Y-=E:.:....,A:.:....,R'-::::..LS) TYPES OF SERVICES PROVIDED: Towing & Recovery----------------
2. AGENCY/COMPANY NAME: California Highway Patrol - Coalinga - Evidence Contract & TSA ADDRESS: 125 South 6th Street Coalinga, CA 93210
CONTACT PERSON:Officer Marks/ Officer Yount PHONE NUMBER: 559-935-2093 FAX NUMBER N/A EMAIL [email protected] / [email protected] LENGTH OF CONTRACT: 2 Years, Held for 10+ Year(3(EARS)
TYPES OF SERVICES PROVIDED: Evidence Towing & Storage
3. AGENCY/COMPANY NAME: California Highway Patrol - Madera - Evidence Contract & TSA ADDRESS: 3051 Airport Drive Madera, CA 93637
CONTACT PERSON: Officer Nazario PHONE NUMBER: 559-507-8120 FAX NUMBER N/A EMAIL [email protected]
LENGTH OF CONTRACT: 2 Years, Held for 10+ Years (YEARS) TYPES OF SERVICES PROVIDED: Towing & Recovery I Evidence Towing & Storage 20 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's NameEppler Towing & Recovery
(Submit with Proposal)
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and Insurance Requirements set forth in these Specifications. If the Proposer takes exception to some portions, those portions shall be listed here below, and the Proposer shall sign that the Proposer accepts all portions of the requirements not listed.
Note: Any exceptions may cause a Proposer to not be awarded a contract. � ACCEPT
□ DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:
INSERT IF APPLICABL
'
1 J21
Signature of A
Holly Ormonde
r{LtYlQ
Type or Print Name of Authorized Person
21 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
DISADVANTAGED BUSINESS ENTERPRISES (DBE) BIDDERS LIST
Bidders are advised that, as required by federal law, the City is required to report to the U.S. Department of Transportation on DBE participation for all Federally aided contracts each year so the attainment efforts may be evaluated.
The proposal will be considered non-responsive if this form is not fully completed.
Complete all information below (whether DBE or not) and list all Subcontractor information including, without limitation, DBE's that will perform any portion of the work or provide any products for this project, even if the dollar amount of the work the DBE will perform is less than one half(½) of one percent (1 %) of the total bid amount.
Prime Contractor:
Name:---------------------------------
Address: --------------------------------
City: _____________ State: _______ Zip Code: ______ _
Check one: □ DBE or □ Non-DBE DBE Cert Number: ____________ _ Race of firm's majority owner: ________________________ _ Gender of firm's majority owner: _______________________ _ NAICS code(s) (applicable to each scope of work the firm seeks to perform in its bid): □ Check if N/A Age of firm:--------------------------------
Annual Gross: □ less than $1 million □ $1-3 million □ $3-6 million D $6-10 million □ over $10 million Subcontractors: x Check as N/A if a subcontractor(s) will not be used Name:---------------------------------
Address: --------------------------------
City: _____________ State: _______ Zip Code: ______ _
Check one: □ DBE or □ Non-DBE DBE Cert Number: ____________ _ Race of firm's majority owner: ________________________ _ Gender of firm's majority owner: _______________________ _ NAICS code(s) (applicable to each scope of work the firm seeks to perform in its bid): □ Check if N/A Age of firm:-------------------------------
Annual Gross:□ less than $1 million □ $1-3 million □ $3-6 million D $6-10 million □ over $10 million Name:---------------------------------
Address: --------------------------------
City: _____________ State: _______ Zip Code: ______ _
Check one: □ DBE or □ Non-DBE DBE Cert Number: ____________ _ NOTE: Use additional sheets if necessary Revised 10/16/24 22 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
DEBARMENT AND SUSPENSION CERTIFICATION
Contractor and all subcontractors shall meet debarment, suspension, ineligibility, and voluntary exclusion requirements pursuant to Executive Order 12549. See Federal Requirements, of these Specifications. A list of excluded parties may be found at the following website:
https://sam.gov/content/home
Contractor shall return with its Proposal this form.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
Date August 12, 2025
�
Signature �CQ)_r YuYl d � -
Company Name Eppler t�ecovery
Title President
527896v1
23 Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
Federal Tax Liability and Recent Felony Convictions Certification FT A Master Agreement Section 4(g)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that they and their organization:
1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
2. Was not convicted of felony criminal violation under any Federal law within the preceding 24 months.
The Contractor agrees to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.
Date Augu�12,2025
Signature ��ffuY(d2. ,
Company Name Eppler Towing & Recovery
Title President
527896v1
24 Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
NONLOBBYING CERTIFICATION
LOBBY RESTRICTIONS
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,00 for each su "{ailure.
� ) _ ___;'----''---------+>....=----'--.....:......,__--==---- Signature of Contractor's Authorized Official ___ H_o_lly.._O_r_m_o_'_e_/_P_r _e_s_id_e_n_t ______ Name and Title of Contractor's Authorized Official Augu�12,2025 D�e---�--------------
25 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
E
DISCLOSURE OF CONFLICT OF INTEREST
YES*
1 Are you currently in litigation with the City of Fresno or any of its □ agents?
2 Do you represent any firm, organization, or person who is in litigation □ with the City of Fresno?
3 Do you currently represent or perform work for any clients who do □ business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, □ or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any □ significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this □ Project? * If the answer to any question is yes, please explain in full below. xplanation:
□ Additional page(s) attached.
26 �-IOJOD I t�tlfrl 0Sr nature
V
� I
August 12, 2025
Date
Holly Ormonde
Name
Eppler Towing & Recovery
Company
3054 E Cartwright Ave
Address
Fresno, CA 93725
City, State, Zip
527896v1
NO
�
�
�
�
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
Proposer's Name Eppler Towing & Recovery
(Submit with Proposal)
SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the statements contained in this proposal are true and correct.
PROPOSAL SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) ( 1)
(2)
(3)
Eppler Towing & Recovery
Firm
Holly Ormonde
(Corp.) (Individual)
3054 E Cartwright Ave
Business Address
Fresno
City
CA
State
.._\5_.5)3_6_5 _9--'-3-'-9-'--39 __ ( 5�9 659-3563
(Partner)
Phone Fax
(Other)
93725
Zip Code
(4) By:
527896v1
Holly Ormonde / President
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: 47-5075667 Date: August 12, 2025 ----------- 27 Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
(Submit with Proposal)
SAMPLE CERTIFICATION
1, Holly Ormonde , certify that I am the secretary
Name
of the corporation named herein; that Holly Ormonde who signed this Name
Bid Proposal on behalf of the corporation, was then President of Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was duly signed for and on behalf of said corporation by authority of its governing body, as evidenced by the attached true and correct copy of the Articles of lncorperation.
Name of Corporate Document
By:
Name:
Title: Secretary President
Date: August 12, 2025
28 527896v1
Request for Proposals Requirements Contract for Bus Towing Services RFP No. 12600085
SAMPLE SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", "Federal Conditions", "Functional Specifications" and "Technical Requirements" for the following: [Title] (Request for Proposals No. [Number]) copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782, CONTRACTOR shall indemnify, defend and hold harmless CITY and each of its officers, officials, employees, agents, and volunteers from any and all claims, demands, actions in law or equity, loss, liability, fines, penalties, forfeitures, interest, costs including legal fees, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, property damage, or loss of any type) arising or alleged to have arisen directly or indirectly out of (1) any voluntary or involuntary act or omission, (2) error, omission or negligence, or (3) the performance or non-performance of this Contract . CONTRACTOR'S obligations as set forth in this section shall apply regardless of whether CITY or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
To the fullest extent allowed by law, and in addition to the express duty to indemnify, CONTRACTOR, whenever there is any causal connection between the CONTRACTOR's performance or non performance of the work or services required under this Contract and any claim or loss, injury or damage of any type, CONTRACTOR expressly agrees to undertake a duty to defend CITY and any of its officers, officials, employees, agents, or volunteers, as a separate duty, independent of and broader that the duty to indemnify. The duty to defend as herein agreed to by CONTRACTOR expressly includes all costs of litigation, attorneys fees, settlement costs and expenses in connection with claims or litigation, whether or not the claims are valid, false or groundless, as long as the claims could be in any manner be causally connected to CONTRACTOR as reasonably determined by CITY.
Upon the tender by CITY to CONTRACTOR, CONTRACTOR shall be bound and obligated to assume the defense of CITY and any of its officers, officials, employees, agents, or volunteers, including the a duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards, or expenses resulting from or arising out of the 29 527896v1
City of Fresno
Departm
0ent of
�
Tr��spo
r
rtation/FAX
. ,___-
,,. --;:·· �
Frank Adam Peter
Fleet Manager
JJ111)01&/ Sharlee Flores!
Senior Management Analyst
The bidder shall sign below indic ting he/she has thoroughly read and understands the contents of this Addendum No.
This addendum is being distributed ONLINE only and will not be sent by U.S. Mail. The bidder shall submit a signed copy of this addendum with their bid.
Addenda to date: 1
July 21, 2025