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Landscape Maintenance Services RFP 2019-01 LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 To: Qualified and Interested Contractors REQUEST FOR PROPOSALS RFP 2019- LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD The City of Rosemead is seeking proposals from qualified firms to provide landscape maintenance services at various sites throughout the City. The Project includes furnishing all tools, equipment, services, transportation, labor, all City licenses and permits, disposal, and materials necessary to perform the specified items of work. Requirements for this RFP are enclosed. In order to be considered in the selection process, interested parties shall submit five (5) copies of their Proposals no later than 10:00 AM on May 29, 2019 to: City Clerk’s Office c/o Robert Chavez Public Works Manager City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 If you have any questions, please contact: Name: Robert Chavez Title: Public Works Manager Email: rchavez@cityofrosemead.org Late proposals will not be accepted. Sincerely, Robert Chavez ___________________ Robert Chavez City of Rosemead MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS: SEAN DANG POLLY LOW STEVEN LY City of Rosemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 1-1. Scope of Work The City of Rosemead is seeking proposals from qualified firms to provide landscape maintenance services at various sites throughout the City. The Project includes furnishing all tools, equipment, services, apparatus, facilities, transportation, labor, encroachment permits, disposal, and materials necessary to perform the specified items of work. 1-2. Description and Location of Work Services Summary The work shall consist of the following maintenance services, but not limited to: • Six (6) crew members minimum • Two (2) crew members minimum during rainy days for trash pickup, and to check the drains at all locations. • Deductions for reduced staffing and lack of service will be noted on monthly bills • Turf mowing and edging • Regular pruning, shearing or hand pruning of shrubbery. All roses shall be Dead Head 2 times a year and hard trimmed once a year in late January. • Fertilizer applications for trees in medians, turf and planter areas as needed for health and appearance as directed by City. • Weed control via a combination of chemical and manual means (pre-emergent and post-emergent) • Clearance pruning of trees of up to 12-feet for vehicle and pedestrian clearance. • Monitor all planting areas for pests, rodents and disease and propose corrective actions • Dispose and/or recycle all debris off site Landscape pest control services • Account manager available via phone and email • Local branch support with 24-hour Emergency response • Pick up all litter & empty trash receptacles in all maintenance locations daily Monday thru Sunday Description of Work I. Turf Management Lawn Mowing For all turf areas, the contractor shall inspect and police the grounds for litter and debris and dispose of it prior to each mowing. Turf shall be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance. Mowing during inclement weather is to be discussed with City representative prior to mowing. Mowing height for all irrigated turf areas shall be no less than 1½" and no more LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 than 2½" for a finished cut height unless otherwise requested. Turf shall be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern shall be varied where possible to reduce rutting and compaction of soil. Any excess clippings shall be dispersed and/or collected to prevent damage and unsightly appearance of lawns. All turf areas are to be dethatched, lowered, aerated and over seeded once a year. A schedule shall be provided to the City. Edging & String Trimming All sidewalks, curb lines, concrete slabs, tree circles, and planter bed edges shall be edged weekly or as often as necessary to maintain a neat and manicured appearance. String trimming shall be performed around all road signs, guard posts, utility poles, and other obstacles that may be in the turf areas. Weeds around trees and tree wells shall be chemically or manually controlled. Cleaning of Walks and Hardscapes At the conclusions of each visit, walks adjacent to work areas shall be blown or swept clean. Garvey Ave. and Valley Blvd. sidewalks shall be blown off 24-hours or less in advance of scheduled street sweeping. Days and times will be determined by City. Skate Plaza, basketball courts, tennis courts, walking trails, and under bleachers shall be blown off a minimum of three times per week. Parking lots are to be maintained, which includes sweeping, leaf pickup, and litter pickup two times a week. II. Shrub and Planter Bed Maintenance Landscaped areas shall be patrolled for litter, debris, and weeds which shall be removed. Particular attention shall be paid to entryways, focal points, and high traffic areas. Planter beds shall be groomed to promote an attractive and fresh appearance. Concrete swales (where applicable) are to be kept clear of miscellaneous dirt, debris and weeds. Complete trimming, edging, and weeding of all shrub and ground cover areas shall be done on a routinely cyclical basis. Major pruning shall be done following flowering or during plant's dormant season. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Pruning shall be performed by Contractor's staff trained and competent in proper pruning techniques. Prune shrubbery and hedges at established "maintenance" height. Inside and beneath shrubs shall be maintained free of any weeds, leaves, and litter. Prune groundcover as required to "contain" perimeter growth to within planted areas where adjacent to walks, curbs, and structures. Mature groundcover shall be maintained at a consistent appearance with a beveled or rolled edge toward the hard surfaces. Shearing of plants shall occur only where previous practice has been to shear, or as directed by City. Removal of leaves and debris from lawns, planter beds, and walkways shall be completed throughout the year as needed to maintain a clean appearance. Do not blow litter or debris into any bedded or ground cover areas. 2-inches of either shredded mulch or small chunk bark mulch shall be added to all slopes and bedding areas once a year or as directed by City. All Roses shall be hard pruned, 1/3 height reduction, once a year by the end of February of each year. Monitor and control pests and diseases (e.g. rust, powdery mildew, Aphids, Mites) throughout the year or as directed by City. Ill. Arbor Care and Pruning All trees shall be "skirted" as needed to allow for pedestrians and vehicle clearance. Remove lower branches of trees when in conflict with growth of plantings beneath. On trees that are over 12-feet, only low hanging branches that are considered a hazard to pedestrians or vehicles shall be pruned. All trees less than 12-feet total height shall be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development. Cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during plant's dormant season. (Depending on species) Pruning shall be performed by Contractor's staff that have been trained and demonstrate competency in proper pruning techniques. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support. Straighten or remove/replace and broken or leaning tree stakes so trees are properly supported Fertilize all trees once per year in the Spring. Perform weed control in tree wells on Valley Blvd., San Gabriel Blvd., and LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Garvey Ave. as needed to keep them weed free. No tree shall be hedge trimmed into stark geometric shapes, they should be trimmed via both thinning and heading cuts unless directed by the City IV. Fertilization Contractor shall provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance. All trees, turf, shrub, and ground cover areas shall be fertilized with specially formulated products including well balanced, slow-release fertilizers customized seasonally by the Contractor. Turf shall be fertilized three times a year, shrubs and ground cover areas shall be fertilized two times a year. Trees are to be fertilized once per year in the Spring. Fertilizer product shall be selected based on plant type and season. Types and samples are to be provided to the City prior to fertilization. V. Environmental Weed and Pest Control Program All applications of herbicides or pesticides shall be performed under the direction of a California Licensed & Certified Pest Control Specialist. All safety precautions shall be taken in the handling and application of chemicals as stated on manufacturer's labels. All areas where chemicals are to be used are to be posted during and after until areas are dry to the touch, at which time the signs are to then be removed. Broadleaf turf weeds shall be treated as needed with applicable materials to keep turf areas weed free. Weeds in shrub, planter beds, ground cover area, tree circles, and sidewalk cracks adjacent to landscaped areas shall be controlled by a manual weeding program or by the use of selective herbicides, including pre-emergent herbicides. Planting areas shall be monitored for insect and disease infestations and addressed. Moles, field mice, ground squirrels, gophers, and other rodent activity shall be monitored. Notification of problems and recommendations of control measures shall be made in a timely appropriate manner. The Contractor is to comply, at all times with requirements for hazardous communications programs. Pest control specialists shall be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations. VI. Irrigation Equipment and Operation Contractor is to inform the City if the irrigation system, at all sites, are not performing efficiently. Controller programs shall be adjusted by City personnel. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Upon inspection, any accidental damage or vandalism caused by others shall be reported to the City promptly. Repair and/or replacement of any damaged or malfunctioning components beyond the Contractor's control is to be submitted to the City as an extra. Damage caused to the irrigation system by the Contractor shall be repaired immediately by the Contractor at the Contractor's own expense. VII. Annual Color Maintenance Contractor is to change the color of the Rosemead Community Recreation Center (RCRC) building, The Garvey Center building, Public Safety Center building, and Rosemead City Hall building three times a year in February, June, and November or as directed by City staff. A plant palette is to be provided to the City prior to planting for approval. Approximately 24 flats per change out. VIII. General Conditions Contractor is to provide uniformed staff supervised by fully trained Supervisors and Area Managers. Radio, cellular phone, and pager communications are to be provided and in use during regular business hours. Emergency after-hours communication is also to be available. Numbers are to be provided to the City. Contractor is to inspect site(s) on a regular basis and problems, if found, are too be reported to the City. Written, comprehensive inspection reports are to be submitted to the City at meetings scheduled one time per week between Public Services and Contractor’s Representative. Debris generated by landscape activities are to be removed from the site unless otherwise directed. IX. Work Performed at an Additional Fee Extra work will need to be authorized by the City. All extra work is to be billed at the Contractor's standard hourly rate unless specifically noted. Extra work is considered as: Correcting pre-existing conditions such as dead or dying plant material requiring remedial work. Cleaning and/or repairing acts of vandalism, natural disasters, or weather damages. Irrigation repairs not caused by the Contractor. Re-seeding bare turf areas. Trash/litter pick-up in parks during days not specified in scope of work (e.g. weekends during summer months) Location of the Work Notice is hereby given that the City of Rosemead will receive bids for the furnishing LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 of Landscape Maintenance Services, "Contractor", for all City Landscape sites as listed below. The bid is for service and supplies. Following is a list of each building location to be included in this Request for Proposal and Qualifications: 1-3. Duration of Contract The Landscape Maintenance Services Contract for the City of Rosemead will be for a period of three (3) years with the option to extend the contract for up to two (2) additional one (1) year terms. The contract start date will be determined upon the approval of the agreement by the City of Rosemead City Council. 1-4. Conditions A. In submitting a proposal for this project, the Contractor acknowledges that they are familiar with all conditions and requirements included herein. B. The Contractor shall be responsible for ensuring that all work performed on this project is in strict compliance with the applicable Codes, regulations, and project requirements. C. The Contractor shall maintain proper insurance provisions as required throughout the duration of this contract. 1-5. General A. The Contractor will be required to identify the person who will be the project manager and primary contact person who is authorized to assign the firm's staff to specific projects or tasks. Other staff or sub-contractors may be identified as the specialist in specific areas or for specific tasks. These individuals must, within reasonable limitations, be accessible to City staff during business hours. The City shall be notified in writing before a change of personnel occurs by the Contractor. All such personnel changes must be approved by the City. B. Contractor staff assigned to complete the scope of work must have relevant experience in providing the necessary services as described under the scope of work. All personnel assigned to the work must possess appropriate certifications or registrations as required by state agencies, if any. C. Contractor shall be responsible for jobsite security, safety, and cleanliness and shall properly secure and delineate all areas from the time work begins until the work is complete and the areas are opened for use. D. Contractor is required to have in full force and affect all licenses and permits required by applicable laws. E. The Contractor shall complete all the work required under the Request for Proposal documents as specified in the contract documents. F. All employees must be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. Employees must also be physically capable of the duties assigned to them, including lifting/moving LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 heavy items, climbing ladders, etc. G. Only authorized employees of the Contractor may perform any services. In the event of the absence of an employee, for any reason, only an authorized employee of the Contractor may act as a substitute. The use of unauthorized personnel on the part of the Contractor may result in immediate cancellation without notice. 1-6. Inspections All of the Landscape Areas will be inspected regularly by the City. The City may require the Contractor to accompany City staff during inspections, if the City is not satisfied with the Contractor's work. The Contractor is expected to be capable of understanding the deficiencies and authorized to take remedial action in a manner consistent with the contract requirements and specifications. 1-7. Traffic Control The Contractor shall notify the City Traffic Engineer, or his assigned staff, seven (7) calendar days prior to commencing work in the street traveled area. Traffic control shall conform to the latest edition of the State of California Manual of Uniform Traffic Control Devices (MUTCD) for work areas. 1-8. Emergency Response The Contractor shall, during the term of this Contract, maintain two seven (7) days per week twenty-four (24) hour emergency telephone numbers, toll free to a Los Angeles County region area code, at which the Contractor or Contractor's responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the City or other City personnel. For hours beyond a normal 7:00 a.m. to 6:00 p.m. business day, an answering service shall be considered an acceptable substitute for full time twenty-four- hour coverage, provided that the Contractor responds to the City by return call within one (1) hour of the City's original call and arrive onsite within two (2) hours of the original call. Failure to respond will lead to possible deductions. 1-9. Award City of Rosemead reserves the right to award this project to the Contractor it considers most suitable to perform the work. The City will consider the proposal costs for all items identified together with the Contractor's qualifications and references to form the basis for its decision. The award will be based, in part, on the lowest Bid Schedule total; however, proposal price alone will not be the sole determining factor in the selection of the Contractor for this work. It should be noted that the estimated quantities are for proposal purposes only and are not to be construed as actual quantities. The City reserves the right to increase or decrease the quantity of any item or delete items as may be deemed necessary without voiding the contract. The City reserves the right to reject any or all proposals, and to waive any irregularities in the proposals received. 1-10. Payment Payments will be made within forty-five (45) days after an invoice has been LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 approved by the City's designated representative. Invoices shall itemize and account for the costs and quantities of work based on each location of work. 1-11. Permits The Contractor shall be responsible for obtaining City permits and other agency permits when required prior to commencement of any work. 1-12. Schedule Notice for Request for Proposal (RFP) posted and issued . . . . . . . . . . . . May 9, 2019 Deadline for receipt of Questions . . . . . . . . . . . . . . . . . . . . . . . May 23, 2019, 3:00 PM Deadline for receipt of Proposals . . . . . . . . . . . . . . . . . . . May 29, 2019, 10:00 AM Contract awarded by City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 11, 2019 1-13. Reference Contract Information A. Company Background Provide a minimum of three (3) references from other municipal, city, or county governmental agencies s for which the Contractor is currently providing or has previously provided in the last three (3) years the services described in this Solicitation must be provided. All listed references shall be a municipal city, or county governmental agency. The selected contractor must have demonstrated relevant experience in providing the services described under the proposed scope of work. Substantiation must be provided regarding the nature of services provided to the client cities or agencies. Cite examples of qualifying projects with dates, contact persons, and scope of work performed. The submittal shall clearly state the number and type of programs or services performed. If any previous work was audited and found to be in non- compliance with a funding source, this must be cited. B. Negative History The Contractor shall include in its Proposal a complete disclosure of any alleged significant prior or on-going contract failures, any civil or criminal litigation or investigation pending which involves the Contractor or in which the Contractor has been judged guilty or liable within the last five (5) years. If there is no negative history to disclose, the firm shall affirmatively state in its Proposal there is no negative history to report. Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm's prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures. 1-14. Proposal Requirements The proposal shall describe the methodology to be used to accomplish each of the project tasks and services expected as defined in the Scope of Work. The Proposal shall also describe the work that shall be necessary to satisfactorily complete the tasks and service requirements. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Please note that this Request for Proposals cannot identify each specific, individual task required to successfully and completely implement this project. The City of Rosemead relies on the professionalism and competence of the Proposing Contractor to be knowledgeable of the general areas identified in the Scope of Work and of adequate competence to include in its proposal all required tasks and subtasks, personnel commitments, man hours, direct and indirect costs, etc. The City of Rosemead will not approve addenda to the Contractor's agreement which do not involve a substantial change from the general Scope of Work identified in this Request for Proposal. A. Criteria Each Proposal Package shall consist of the format described below. Due to demands on the time of the Selection Committee members, please limit your submittal to 25 pages and number all pages. Submittals that are longer in length or do not conform to the submittal format described below may be removed from consideration at the discretion of the City. The cover letter, required forms, tabs, dividers, and appendix do not count toward the page limit. The cover letter shall present an executive summary of the Proposal, and emphasize strong points of the project team and the firm's experience. Include the name, address, telephone number, title, and signature of the firm's contact person for this procurement. The signatory shall be a person with the official authority to bind the company. The cover letter shall state that the submittal is valid for 60 days. Submittals shall include: • One (1) printed copy marked "Original" and containing an original signature. • Three (3) printed copies marked "Duplicate". • One (1) complete electronic copy in pdf format on a compact disc or flash drive. B. Responses shall be organized into five (5) sections 1. Information background on the Contractor Provide a brief introduction, address the size of the firm, the number of years in business, the availability of the firm to perform the tasks and services requested, and the history of the firm. Include key contact information (address, phone, fax, and email). Refer to the "Company Background" and "Negative History" requirements listed above. 2. Key Personnel/Qualifications Provide a brief resume for each of the key persons proposed to work on this project. Credentials of corporate executives or firm principals are not necessary or desired unless these individuals will play an active role in the proposed project. Any key sub-contractors proposed should be identified, and information on their respective role in the project shall be included. 3. Past Experience/References Refer to "Company Background" listed above. 4. Understanding of Scope of Work and Work Proposal LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Demonstrate the understanding of the tasks and services requested in the Scope of Work, and provide the Work Proposal/Approach to accomplish the services described in this Request for Proposals. 5. Bid Schedule The Contractor shall provide the Bid Schedule with all proposal items, including Total Amount and Unit Prices, filled in completely. C. Due Date All proposals must be received in the City of Rosemead, City Clerk's Office by 10:00 A.M., Wednesday, May 29, 2019. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by the City of Rosemead, City Clerk's Office prior to the proposal due date and time. Late proposals will not be accepted. Proposals shall be clearly marked and identified and must be submitted to: City of Rosemead City Clerk's Office 8838 East Valley Boulevard Rosemead, CA 91770 All inquiries and responses to this proposal shall be submitted via mail or e-mail to: Robert Chavez Public Works Manager City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 rchavez@cityofrosemead.org (626) 632-2167 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is Thursday, May 23, 2019 at 3:00 PM. Questions received after this date and time may not be answered. Only questions that have been resolved in writing will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. D. Delivery Proposals must be delivered in a SEALED envelope/package and shall state the following on the outside of the envelope: "Landscape Maintenance Services". E. Contractor Selection Each proposal will be reviewed by an evaluation committee to determine if it meets the proposal requirements. Failure to meet the requirements of the Request for Proposals may be cause for rejection of the proposal. The evaluation committee may ask for interviews. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Attendance at any such interview will be at the Proposer's expense. The evaluation committee will make a recommendation of the Contractor for a contract to be awarded by the City Council. The City reserves the right to reject any or all proposals and to determine which proposal is, in the City's judgment, the most responsive. The City also reserves the right to waive any informality in any proposal and to delete certain items listed in the proposal as set forth therein. Costs for developing, submitting, and presenting proposals are the sole responsibility of the Proposer and claims for reimbursement will not be accepted by the City. F. Award of Contract It is the City's intent to award a single contract to the contractor that can best meet the requirements of the Request for Proposals document. The City reserves the right to award a contract to multiple contractors or a single contractor or to make no award, whichever is in the best interest of the City. G. Business License The successful Contractor that is awarded the contract will be required to be licensed in accordance with the City of Rosemead Business License Ordinance of the Rosemead Municipal Code. H. Insurance Requirements The selected Consultant shall maintain in force at all times during the performance of this contract the following insurance policies: 1. Comprehensive General Liability, including contractual liability, products and completed operations and business automobile liability, all of which will include coverage for both bodily injury and property damage with a combined single limit of $2,000,000.The City shall be named as "additional insured" on all policies required to be furnished. 2. Professional liability coverage with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. 3. Workers' Compensation coverage at statutory limits. 4. The consultant shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors, and have adequate insurance to cover such negligent acts, errors and omissions with limits of $2,000,000. I. General Terms and Conditions Accompanying this RFP is Appendix A, which contains a copy of the standard City contract the selected consultant will be required to sign for this project. Each prospective consultant is expected to review the general terms and conditions and acknowledge their acceptance of Appendix A in the Proposal Cover letter, or list their objections and requested revisions in the contract requirements for City's consideration. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 J. Pre-Contractual Expenses in Responding to The RFP Preparation The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any selected consultant. Each bidder shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this Request for Proposals. Pre- contractual expenses are defined as expenses incurred by bidders and the selected consultant, if any, in: • Preparing and submitting information in response to this Request for Proposals. • Negotiations with the City on any matter related to this procurement. • Costs associated with interviews, meetings , travel or presentations • All other expenses incurred by a bidder/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel this request. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. * END OF SECTION * LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 BID SCHEDULE Service Provider shall use the following rates of pay in the performance of the services: Location Address Approx. Acreage Annual Cost 1. Angelus Park 2200 Block of Angelus Ave. 0.25 2. Ellis Park 3900 Block of Ellis Ln. 0.35 3. Garvey Community Center 9108 Garvey Ave. 1.00 4. Garvey Park 7900 Block of Emerson Pl. 7.00 5. Guess Park 8555 E. Mission Dr. 0.35 6. Klingerman Park 8800 Klingerman Ave. 0.75 7. Olney Park 8600 Block of Olnev St. 0.35 8. Rosemead Community Center Park 3936 N Muscatel Ave. 1.00 9. Rosemead Park / Skate Park 9100 Block of Mission Dr. 18.0 10. Sally Tanner Park 8343 E Mission Dr. 1.00 11. Jess Gonzalez Sports Complex 8471 Klingerman Ave. 3.50 12. Triangle Park 800 Block of San Gabriel Blvd. 0.75 13. Zapopan Park 3000 Block of Angelus Ave. 6.00 14. Jay Imperial Park San Gabriel Blvd./Pine Ave., SCE transmission Corridor 5.61 15. City Hall 8838 E Valley Blvd. - Exterior Landscape N/A 16. Rosemead County Library 8800 E Valley Blvd. - Exterior Landscape N/A 17. Dinsmoor House 9632 Steel St. - Exterior Landscape N/A 18. Garvey Blvd. - Medians & Parkways and Sidewalk Cleaning New Ave to Rio Hondo Bridge N/A 19. Marshall St. - Medians 100' West of Rosemead Blvd. to Hart Ave. N/A 20. Rosemead Blvd. - Medians 10 Fwy to North City Limit N/A 21. Rush St. - Medians & Parkways and Sidewalk Cleaning Walnut Grove Ave. to San Gabriel Blvd. N/A 22. San Gabriel Blvd. - Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. N/A 23. Valley Blvd. – Parkways and Sidewalk Cleaning Charlotte Ave. to Strang Ave. N/A LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Location Address Approx. Acreage Annual Cost 24. Walnut Grove Ave. East Slopes and Medians East side of Walnut Grove Ave. on both hillsides of Interstate 10 Fwy N/A 25. Walnut Grove Ave. West Slopes and Medians West side of Walnut Grove Ave. on both hillsides of Interstate 10 Fwy N/A 26. Rosemead Blvd. Slopes and Medians West and East sides of Rosemead Blvd., north of Interstate 10 Fwy N/A 27. Del Mar Ave. Slopes and Medians West and East sides of Del Mar Ave., south of Interstate 10 Fwy N/A 28. San Gabriel Blvd. Slopes West and East sides of San Gabriel Blvd., south pf Interstate 10 Fwy N/A 29. Walnut Grove Ave. medians Hellman Ave. to Marshall St. N/A 30. Walnut Grove Ave. medians Marshall St. to Valley Blvd. N/A 31. San Gabriel Blvd. medians West City Limit to State Route 60 Fwy N/A 32. Towne Centre Dr. medians San Gabriel Blvd to Montebello Blvd. N/A 33. Montebello Blvd medians Towne Center Dr. To South City Limit N/A 34. Grand Ave. Easement, Sidewalk and Right of Way Westbound Muscatel Ave. to Rosemead Blvd. (8800-8900) N/A 35. N. Ramona Blvd. Westbound easement and sidewalk Right of Way Hart Ave. to Rosemead Blvd. (9200-9300) N/A 36. S Ramona Blvd. easement Burton Ave. to Rosemead Blvd. along Fwy Sound Wall (8600- 8900) N/A 37. N San Gabriel Blvd And Southwest Corner at Garvey Ave. N/A LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 Service Address Annual Cost Rosemead Community Recreation Center (RCRC) - Color Maintenance 3936 North Muscatel Ave. The Garvey Center – Color Maintenance 9108 Garvey Ave. Public Safety Center – Color Maintenance 8301 Garvey Ave. Rosemead City Hall – Color Maintenance 8838 East Valley Blvd. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any Subcontractor is not to exceed $__________________ per hour without written authorization from City Manager or his/her designee. The total compensation for the Services set forth in this Agreement shall not exceed $____________________________ as provided in Section 4 “Compensation and Method of Payment” of this Agreement. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$____________________________________ Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications to stay within the budgeted amount of this project. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders' final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. _ _ _ _ _ _ _ _ _ _ LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. By: Signature Business Street Address Type or Print Name City, State and Zip Code Title Telephone Number Bidder's/Contractor's State of Incorporation: Partners or Joint Ventures: Bidder's License Number(s):____________________________ NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint ventures. * END OF SECTION * LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 APPENDIX A SAMPLE CONTRACT LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 SAMPLE CONTRACT LANDSCAPE MAINTENANCE SERVICES, RFP 2019 (CONTRACTOR) 1. PARTIES AND DATE This Contract is made and entered into this day of , 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and (CONTRACTOR) with its principal place of business at (CONTRACTOR ADDRESS) (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the (PROJECT TITLE) by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 2 of 10 herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to (END DATE) unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Associate Civil Engineer, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates (PRINCIPAL), or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 3 of 10 Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 4 of 10 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 5 of 10 promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current AM. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed (DOLLAR AMOUNT WRITTEN) (DOLLAR AMOUNT NUMERIC) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 6 of 10 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: (CONTRACTOR) (STREET ADDRESS) (CITY, STATE ZIP) Attn: (PRINCIPAL) CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Rafael M. Fajardo, City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 7 of 10 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.1O Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 8 of 10 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 9 of 10 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) Page 10 of 10 CITY OF ROSEMEAD (CONTRACTOR) By: _ Jeff Allred, City Manager Date By: _ Date Attest: Name: _ _ _ _ Title:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Gloria Molleda, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By:_ _ _ _ _ _ Rachel H. Richman City Attorney Date Name:_ _ _ _ _ _ _ _ _ _ _ _ _ Title:_ _ _ _ _ _ _ _ _ _ _ _ LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL AND PLANS AND SPECS LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review. Professional Liability or Errors and Omissions Insurance , as appropriate, shall be written LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Contract. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to 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, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. · 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not LANDSCAPE MAINTENANCE SERVICES | RFP 2019-00 (CONTRACTOR) the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.