RFP No. 2022-11 - Landscape Maintenance ServicesCity of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
REQUEST FOR PROPOSAL NO. 2022-10
LANDSCAPE MAINTENANCE SERVICES
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the
proposal in sealed envelope(s) must be received by
the City of Rosemead’s City Clerk’s Office
no later than 10:00 a.m. on May 26, 2022
CONTACT PERSON:
James Lara, Public Works Manager
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2260
jlara@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED.
FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to James Lara at (626) 569-2260 or
jlara@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Proposal will be provided
to CONTRACTORs who request notification of any
modifications.
ISSUANCE DATE: MAY 12, 2022
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
CONTENTS
A. Overview ..................................................................................................................3
B. Background ..............................................................................................................3
C. Scope of Services .....................................................................................................3
D. Time, Place, and Method for Proposal Submittals ..................................................8
E. Proposed Term of Contract .....................................................................................9
F. Submittal Deadlines .................................................................................................9
G. Proposer Qualifications ...........................................................................................9
H. Award of Contract ..................................................................................................11
I. Right to Reject Quotes ........................................................................................... 11
J. Information to Be Submitted .................................................................................11
K. Understanding of Requirements ........................................................................... 13
L. Questions/Clarifications ........................................................................................ 13
M. Insurance ............................................................................................................ …13
N. Professional Services Agreement…………………………..…….……………………………………13
O. City’s Responsibility………………….………………………………..………………………….……….…13
P. Proposal Evaluation and Criteria…….…………………………………….……………………………13
Q. Discretion and Liability Waiver………………………………………………………….………….……14
Attachment A: Areas of Service………………………………………………………………………………..16
Attachment B: Sample Contract………………………………………………………………………..……..18
Attachment C: Distribution List…………………………………………………………………………………29
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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A. INTRODUCTION/OBJECTIVE
Through this Request for Proposal (RFP) and evaluation process, the City of Rosemead (City) is
seeking proposals from qualified contractors to provide landscape maintenance services. The
landscaping maintenance is required at several locations throughout the City as shown on
Attachment A - Areas of Service. The contracted service includes furnishing all tools, equipment,
services, apparatus, facilities, transportation, labor, encroachment permits, disposal and
materials necessary to perform the specified items of work. Prospective contractors shall carefully
review the scope of services and requirements before submitting a proposal. Only contractors
who demonstrate the capability to provide the requested service will be considered.
B. BACKGROUND
The City is organized under the City Council/City Manager form of government with six
departments and approximately 52 full-time employees. The City of Rosemead is a cost-conscious
provider of outstanding public services to its residents and local businesses, mostly relying on the
contract services model since its incorporation in 1959.
The City is a working-class suburb with a diverse population base. According to the 2020
Census, the City has a population of 51,185. The estimated makeup of the City was 14.4%
White, 0.5% African American, 61.7% Asian, and 32.6% Hispanic/Latino (of any race). The City
is comprised of eight parks, a sports complex, two community gardens, City Hall, the Dinsmoor
Heritage House, and two community centers within an area of 5.2 square miles.
C. SCOPE OF SERVICES
The City is seeking proposals from qualified contractors to provide landscape maintenance
services at various locations throughout the City. The services includes furnishing all tools,
equipment, services, apparatus, facilities, transportation, labor, encroachment permits,
disposal, and materials necessary to perform the specified items of work.
1. SERVICES OVERVIEW
The work shall consist of the following maintenance services at locations listed in
Attachment A – Areas of Service and include but are not limited to:
• Six (6) crew members minimum.
• Three (3) crew members minimum during rainy days for trash pickup and
inspection of the drains at all locations.
• City staff will monitor and note deductions for reduced staffing and lack of
service on monthly invoicing.
• Turf mowing and edging.
• Regular pruning, shearing, or hand pruning of shrubbery. All roses shall be
deadhead two (2) times a year and hard-trimmed once (1) a year.
• Fertilizer applications for trees in medians, turf and planter areas no less than
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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twice per year for health and appearance as directed by City staff.
• 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
as directed by City staff.
• Monitor all planting areas for pests, rodents and disease and propose corrective
actions.
• Dispose and/or recycle all debris at City designated site(s).
• Landscape pest control services.
• Account manager available via phone and email.
• Local branch support with a 24-hour emergency response.
• Pick up all litter and empty trash receptacles in all maintenance locations daily,
Monday through Sunday.
2. DESCRIPTION OF WORK
A. General Conditions
• Contractor is to provide uniformed staff supervised by fully trained Supervisors
and Area Managers. All available communications, such as cellular phones, 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
once contract is executed.
• Contractor is to inspect site(s) on a weekly basis, and problems, if found, are to
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.
B. 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
than 2½" for a finished cut height unless otherwise requested. Turf shall be cut
at a uniform height.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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• 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 must be
edged weekly or as often as necessary to maintain a neat and manicured
appearance. String trimming must 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 must be chemically or manually controlled.
Cleaning of Walks and Hardscapes
• At the conclusions of each visit, sidewalks 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
must 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.
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.
• Pruning shall be performed by Contractor's staff trained and competent in
proper pruning techniques. Prune shrubbery and hedges at established
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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"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. Monitor and control pests and diseases (e.g. rust, powdery mildew,
Aphids, Mites) throughout the year or as directed by City.
C. 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 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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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D. 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.
E. 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.
F. Irrigation Equipment and Operation
• Contractor is to inform the City if the irrigation system, at all locations, are not
performing efficiently. Controller programs shall be adjusted by City personnel.
• 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
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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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.
G. 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.
H. Additional Work
Extra work will need to be authorized by the City. All extra work is to be invoiced
at the Contractor's standard hourly rate unless specifically noted. Extra work is
considered as the following:
• 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).
D. TIME, PLACE, AND METHOD FOR PROPOSAL SUBMITTALS
The City must receive three (3) sets of proposals and one (1) electronic PDF file on a flash drive
from interested Contractors no later than 10:00 a.m. on May 26, 2022. Please submit all
proposals to:
Request for Proposal – Landscaping Maintenance Services
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Electronic, faxed, or late proposals will not be considered.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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E. PROPOSED TERM OF CONTRACT
The proposed term of the contract is three (3) years commencing July 1, 2022, with options for
two one-year extensions at the City’s discretion.
F. SCHEDULE
Below is the tentative RFP schedule, subject to change:
RFP SUBMITTAL INFORMATION DATES
RFP Available May 12, 2022
Deadline for Submittal of Questions May 17, 2022, by 6:00 PM
Staff Responses to Questions May 20, 2022, by 6:00 PM
Deadline for Submittals of Proposal May 26, 2022
Interviews (If Required) June 1, 2022
Agreement Presented to Council June 14, 2022
Start of Services July 1, 2022
G. PROPOSER QUALIFICATIONS
1. 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 all hours.
The City must be notified in writing before a change of personnel occurs by the
Contractor. All such personnel changes must be approved by the City.
2. 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.
3. 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.
4. Contractor is required to have in full force and affect all licenses and permits
required by applicable laws.
5. The Contractor shall complete all the work required under the Request for
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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Proposal documents as specified in the contract documents.
6. 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 heavy items,
climbing ladders, etc.
7. 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.
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.
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.
Emergency Response
The Contractor shall, during the term of this Contract, provide two (2) emergency
telephone numbers, at which the Contractor or Contractor’s responsible employee
may be contacted at any time 24-hours a day, seven (7) days a week.
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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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Permits
The Contractor shall be responsible for obtaining City permits and other agency
permits when required prior to commencement of any work.
H. AWARD OF CONTRACT
Staff, led by the City Manager or his/her designee, will evaluate the proposals and make their
recommendation to City Council for approval. Contractors may be asked to make oral
presentations to supplement their proposals. Proposals will be selected in accordance with
the City’s purchasing policy on Professional Services where selection is not bound by the
lowest bid but made in the sole discretion of staff and City Council.
Proposals must be guaranteed by the Contractor for 60 days after the quote opening on June
2, 2022.
It is anticipated that a standard agreement contract will be signed subsequent to City Council
review and approval of the recommended Contractor.
I. RIGHT TO REJECT QUOTES
The City reserves the right to reject any or all proposals or portions of any or all proposals.
Non-compliance with any of the conditions and instructions stated herein may result in the
rejection of the proposal.
J. INFORMATION TO BE SUBMITTED
Prospective Contractors must submit three bound copies and one electronic copy of their
proposal.
The electronic copy must be in searchable PDF format.
1. Proposal Summary:
This section shall discuss the highlights, key features, and distinguishing points of the
Proposal. A separate sheet shall include all the contact people on the Proposal and how to
communicate with them. Limit this section to a total of one to three pages including the
separate sheet with contact personnel.
2. Profile of the Proposing Contractor:
This section shall include a brief description of the Contractor's size as well as the proposed
local organizational structure. Include a discussion on the Contractor's financial stability,
capacity, and resources. If applicable, include all other Contractors participating in this
Proposal, including similar information about the Contractor/subcontractors.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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Additionally, this section shall include a listing of any relevant lawsuit and/or subcontractors’
litigation and the result of that action resulting from (a) any public project undertaken by
the Contractor or by its subContractors where litigation is still pending or has occurred
within the last five years or (b) any type of project where claims or settlements were paid
by the Contractor or its insurers within the last five years.
3. Qualifications of the Contractor:
This section shall include a brief description of the Contractor's qualification and previous
experience on similar or related projects. Provide a description of pertinent project
experience with other public municipalities (maximum of four) and private sector (maximum
of two) that includes a summary of the work performed, the total project cost, the percentage
of work the Contractor was responsible for, the period over which the work was completed,
and the name, title, and phone number of clients to be contacted for references. Give a brief
statement of the Contractor's adherence to the schedule and budget for each project.
4. Work Plan/Proposed Approach:
In this section, present a well-conceived service plan. This section of the proposal shall
establish the Contractor’s understanding of the City's objectives and work requirements and
the Contractor's ability to satisfy those objectives and requirements. Describe the proposed
approach for addressing the required service, outlining the approach that would be
undertaken in providing the requested services. Include a timetable for transition to full
operation. Describe related service experience by both the Contractor and any
subcontractors in similar work. Please describe the role, extent of services (number of people
used or saved, engagement duration, and contract value).
5. Staffing:
In this section, discuss how the Contractor would propose to staff the service described in the
Scope of Work section. Proposed key personnel and shall be identified by name, specific
responsibilities, and their qualifications. Include a current resume and position description
for each of the proposed support technicians. Proposed key personnel will be an important
factor considered. There can be no change of key personnel once the proposal is submitted,
without prior approval from the City.
6. Proposed Innovations:
The Contractor may also suggest procedural innovations that have been used successfully on
other engagements and that may provide the City with better outcomes. In this section discuss
any ideas, innovative approaches, or specific new concepts included in the Proposal that
would provide benefit to the City's assessment of the Proposal. Focus primarily on cost saving
or efficiency- enhancing innovations. Include any performance-measuring matrix proposals
as well.
7. Proposal Costs Sheet and Rates:
In this section include the proposed costs to provide the services desired. Include any other
cost and price information that would be contained in an agreement with the City. Include
the costs for extra after-hours services or any other services that are considered optional
additions.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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K. UNDERSTANDING OF REQUIREMENTS
All proposals accepted by the City must be signed by an authorized representative of the
Contractor. The submission of a signed proposal will be interpreted to mean that the company
has thereby agreed to all conditions, instructions, descriptions and specifications contained
herein. All samples submitted by the Contractor in support of its quote shall become the
property of the City.
L. QUESTIONS/CLARIFICATIONS
Please email any questions regarding this RFP to James Lara, Public Works Manager, with the
subject line “City of Rosemead Landscape Maintenance Service RFP Questions” at
jlara@cityofrosemead.org. Questions must be received by 6:00 p.m. on May 17, 2022. All
questions received prior to the deadline will be collected and responses will be posted to the
City's website by 6:00 p.m. on May 20, 2022.
M. INSURANCE
The City will require the successful Proposer to provide Certificates of Insurance evidencing
required coverage types and the minimum limits. See ATTACHMENT B: INSURANCE for more
information on the City’s insurance requirements.
N. PROFESSIONAL SERVICES AGREEMENT
The City will require the successful Proposer to execute a professional services agreement with
the City. Please review Attachment B: PROFESSIONAL SERVICES AGREEMENT SAMPLE and identify
any questions or areas or concern in your response to the City.
O. CITY'S RESPONSIBILITY
Upon awarding of the contract, the City shall provide the selected Contractor with any pertinent
ordinances and resolutions or any other information mutually agreed upon that will assist the
Contractor with the completion of the contract requirements.
P. PROPOSAL EVALUATION AND CRITERIA
Proposals will be evaluated on the proposer’s ability to provide services that meet the
requirements set forth in this RFP. The City reserves the right to make such investigations as it
deems necessary to determine the ability of the proposer to provide services meeting a
satisfactory level of performance in accordance with the City’s requirements. The proposer shall
furnish such information and data for this purpose as the City may request, at no cost to the City.
Interviews and presentations by one, several, or all of the proposers submitting a proposal may
be requested if deemed necessary to fully understand and evaluate the proposer’s capabilities
and qualifications.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its
evaluation. The final selection of the Contractors will be based on the following criteria:
1. Narrative describing methodology and protocols.
2. Understanding the scope of services.
3. Quality of proposal.
4. Ability of the Contractor to provide the full range of requested services.
5. Demonstrated professional skills and credentials of staff to be assigned to this agreement.
6. Related experience and expertise.
7. Contractor’s ability to execute the contract in a timely manner.
8. Current references, and those within the past five year.
9. Cost as compared to related service requirements (lowest cost will not be the sole
determining factor).
The award of a contract will be based on a combination of the aforementioned criteria and costs.
Q. DISCRETION AND LIABILITY WAIVER
1. Proposers shall carefully read the information contained in this RFP and submit a complete
response to all requirements and questions as directed. Incomplete proposals may be
considered non-responsive and may be rejected in the City’s discretion.
2. All information, documentation, and other materials submitted in response to this
solicitation are considered non-confidential and/or non-proprietary and are subject to public
disclosure after the solicitation is completed.
3. Proposers shall prepare and develop proposals at their sole cost and expense.
4. The City makes no representations of any kind that an award of a contract will be made as a
result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or
all proposals, waive any formalities or minor technical inconsistencies, and/or delete any
item/requirements from this RFP when deemed to be in City’s best interest.
5. Failure to comply with all requirements contained in this RFP may result in the rejection of
a proposal.
6. A proposal may be modified or withdrawn in person at any time before the scheduled due
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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date, provided a receipt for the withdrawn proposal signed by the proposer’s authorized
representative. The City reserves the right to request proof of authorization to withdraw a
proposal.
7. The City may evaluate the proposals based on the anticipated completion of all or any
portion of the project. The City reserves the right to divide the project into multiple parts, to
reject any and all proposals and re-solicit for new proposals, or to reject any and all proposals
and temporarily or permanently abandon the project.
8. The City may, in the evaluation of proposals, request clarification from proposers regarding
their proposals, obtain additional material or literature, and pursue other avenues of
research as necessary to ensure that a thorough evaluation is conducted.
9. By submitting a proposal in response to this RFP, the Contractor accepts the evaluation
process, acknowledges and accepts that determination will require subjective judgments by
the City, and waives all right to protest or seek any legal remedies whatsoever regarding any
aspect of this RFP.
10. The City of Rosemead expects the highest level of ethical conduct from proposers, including
adherence to all applicable laws and local ordinances regarding ethical behavior.
11. If an agreement cannot be reached with the highest ranked proposer, City reserves the right
to terminate negotiations with that party and enter into negotiations with the next highest
ranked proposer.
12. Finalists in the selection process may be asked to attend an interview once the RFP process
is complete.
13. Acceptance of any proposal is contingent upon the proposer’s certification and agreement
by submittal of its offer, to comply and act in accordance with all provisions of the City’s
Municipal Code.
All proposals submitted shall be binding for 60 days from the date of submittal.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
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ATTACHMENT A
AREAS OF SERVICE
Location Address Approx.
Acreage
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. Future Park Location
(Services to be performed on a monthly
basis)
Walnut Grove Ave/Mission Dr., SCE
transmission corridor 7.00
16. Glendon Community Garden 8838 Glendon Way 1.83
17. Del Mar Community Garden 3224 Del Mar Ave. 0.48
18. City Hall 8838 E Valley Blvd. - Exterior
Landscape N/A
19. Rosemead County Library 8800 E Valley Blvd. - Exterior
Landscape N/A
20. Dinsmoor House 9632 Steel St. - Exterior
Landscape N/A
21. Garvey Blvd. - Medians & Parkways and
Sidewalk Cleaning New Ave to Rio Hondo Bridge N/A
22. Marshall St. - Medians 100' West of Rosemead Blvd. to
Hart Ave. N/A
23. Rosemead Blvd. - Medians 10 Fwy. to North City Limit N/A
24. Rush St. - Medians &
Parkways and Sidewalk Cleaning
Walnut Grove Ave. to San Gabriel
Blvd. N/A
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 17
25. San Gabriel Blvd. –
Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. N/A
26. Valley Blvd. –
Parkways and Sidewalk Cleaning Charlotte Ave. to Strang Ave. N/A
27. Walnut Grove Ave. East Slopes and
Medians
East side of Walnut Grove Ave. on
both hillsides of Interstate 10 Fwy. N/A
28. Walnut Grove Ave. West
Slopes and Medians
West side of Walnut Grove Ave. on
both hillsides of Interstate 10 Fwy. N/A
29. Rosemead Blvd. Slopes and Medians
West and East sides of Rosemead
Blvd., north of
Interstate 10 Fwy.
N/A
30. Del Mar Ave. Slopes and Medians West and East sides of Del Mar
Ave., south of Interstate 10 Fwy. N/A
31. San Gabriel Blvd. Slopes
West and East sides of San
Gabriel Blvd., south pf Interstate
10 Fwy.
N/A
32. Walnut Grove Ave. Medians Hellman Ave. to Marshall St. N/A
33. Walnut Grove Ave. Medians Marshall St. to Valley Blvd. N/A
34. San Gabriel Blvd. Medians West City Limit to State Route 60
Fwy. N/A
35. Towne Centre Dr. Medians San Gabriel Blvd to Montebello
Blvd. N/A
36. Montebello Blvd. Medians Towne Center Dr. To South City
Limit N/A
38. Grand Ave. Easement, Sidewalk and
Right-of-Way
Westbound Muscatel Ave. to
Rosemead Blvd. (8800-8900) N/A
39. N. Ramona Blvd. Westbound Easement
and Sidewalk Right-of-Way
Hart Ave. to Rosemead Blvd.
(9200-9300) N/A
40. S Ramona Blvd. Easement
Burton Ave. to Rosemead Blvd.
along Fwy. Sound Wall (8600-
8900)
N/A
41. N San Gabriel Blvd. Southwest Corner at Garvey Ave. N/A
42. Rosemead Community Center – Color
Maintenance 3936 North Muscatel Ave. N/A
43. Garvey Community Center – Color
Maintenance 9108 Garvey Ave. N/A
44. Public Safety Center – Color Maintenance 8301 Garvey Ave. N/A
45. Rosemead City Hall – Color Maintenance 8838 East Valley Blvd. N/A
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 18
ATTACHMENT B
CITY OF ROSEMEAD – SAMPLE CONTRACT
SAMPLE CONTRACT
LANDSCAPE MAINTENANCE SERVICES, RFP 2022
(CONTRACTOR)
1. PARTIES AND DATE
This Contract is made and entered into this day of ,
2022,
(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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 19
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 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)with the option of [insert year extensions],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
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 20
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 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
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 21
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
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
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 22
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
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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 23
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
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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 24
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 of Rosemead
8838 E. Valley Boulevard Rosemead, CA 91770
Attn: James Lara Public Works Manager
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.
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
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 25
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.
3.5.10 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
attempted assignment, hypothecation or transfer.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 26
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,
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 27
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.
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.
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 28
CITY OF ROSEMEAD (CONTRACTOR)
By: ______________________ __________ By: ______________________ _____
Ben Kim, City Manager Date Date
Name: _______________________
Title: ________________________
Attest:
________________________ __________
.
Ericka Hernandez, City Clerk. Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
City of Rosemead – Landscaping Maintenance Services Request for Proposal No. 2022-10
Page 29
ATTACHMENT C
CITY OF ROSEMEAD – DISTRIBUTION LIST
Evergreen Landscaping
Maynor Ramos
mramos@evergreenlandscaping-ca.com
323-691-7644
PO Box 15331
Los Angeles, CA 90015
Mariposa Landscaping Inc.
General Manager
Mariposa-ca.com
800-794-9458
6232 Santos Diaz Street
Irwindale, CA 91702