RFP NO. 2023-02 - Janitorial Services (Final Combined)Page 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS NO. 2023-02 JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES SUBMITTALS:
Four (4) bound copies of the proposal and one (1) electronic PDF file of the proposal on a thumb drive in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by: no later than 10:00 am Thursday February 23, 2023 or Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than February 23, 2023 at 10:00 am
CONTACT PERSON: Danielle Garcia City of Rosemead 8838 E. Valley Boulevard
Rosemead, California 91770 (626) 569-2127, dgarcia@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. Please direct any questions or concerns regarding this RFP to Danielle Garcia, Public Works Fiscal and Project Manager via email: dgarcia@cityofrosemead.org or the City’s PlanetBids Vendor Portal by February 13, 2023, at 5:00 pm. Answers to submitted questions will be posted on the City's website and Planetbids by February 16, 2023. This RFP is posted on the City's website. Please review the requirements of the RFP and submit your proposal by the date specified. Issued by:
Danielle Garcia, Public Works Fiscal and Project Manager City of Rosemead
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CITY OF ROSEMEAD REQUEST FOR PROPOSALS
FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITES A. OBJECTIVE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Contractor to provide general janitorial and custodial maintenance services for City administrative, recreation, and park facilities. A list of the facilities, product specifications, and bid cost
forms for the required work are included as attachments to this request for proposals. B. BACKGROUND OF THE CITY The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east
of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The City is 5.5 square miles (2,344-acres) in size. According to the 2020 Census, the City had a population of 51,185.
C. SCOPE OF SERVICES The purpose of this Request for Proposals (RFP) is to select a Contractor to provide janitorial services in accordance with the terms of this RFP. The Contractor’s proposal
must address how the indicated services will be delivered. The Contractor shall provide, at its expense, all labor, materials, equipment, tools, services, and special skills necessary to provide janitorial maintenance services. It is understood that all tasks and services, as noted in the bid cost forms (Attachment A),
are to be conducted according to the sheet details for each facility. Services are to be performed on a daily or near daily basis, unless specified as a weekly, monthly, quarterly, bi-annually, or annually service as listed in the cost sheets.
The term of the contract shall be for a period of three (3) years, with an option for renewal
for two (2) additional one-year extensions, based on the Contractors performance. The City reserves the right to unilaterally terminate the contract at any time upon thirty (30) days written notice to the contractor.
New additional buildings/facilities, as developed or assumed by the City, may be added
to the maintenance contract. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on unit prices provided in Attachment A, if applicable, and/or negotiated between the two parties of the contract.
Project tasks shall include, but are not necessarily limited to the items noted below:
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1. FACILITIES TO BE MAINTAINED Janitorial services are to be provided at the identified facilities in Table 1. The facilities consist of general office space, breakrooms, conference/community rooms, recreational buildings, kitchen facilities, and restrooms. A map of City facilities and
facility descriptions is provided as Attachment C.
Table 1
Facility Total Square Feet (Approximate)1 Cleanings Per Week Map Reference
#
City Hall 18,000 5 Days/Week (M-Th, Sun) 3
Rosemead Community Recreation Center 18,000 7 Days/Week (M-Su) 4
Garvey Community Center 20,000 7 Days/Week (M-Su) 8
Garvey Park 5
Garvey Park Recreation Office 3,500 5 Days/Week (M-F) 5
Garvey Park Maintenance Room See Note 2 2 Days/Week (M and W) 5
Garvey Park Restroom See Note 2 7 Days/Week (M-Su) 5
Gymnasium 5,700 7 Days/Week (M-Su) 5
Snack Bar Building – Restrooms See Note 2 7 Days/Week (M-Su) 5
Splash Zone – Pool Facility See Note 2 7 Days/Week (M-Su) (May through Sept) 5
Rosemead Park 2
Recreation Building/Preschool/Restroom 3,500 2 Days/Week 2
Snack Bar Building - Restrooms See Note 2 7 Days/Week (M-Su) 2
Rosemead Aquatic Center 5,700 7 Days/Week (M-Su) 2
Rosemead Park Staff Restroom See Note 2 1 Day/Week 2
Public Safety Center 4,000 7 Days/Week (M-Su) 7
Sally Tanner Park See Note 2 7 Days/Week (M-Su) 1
Zapopan Park See Note 2 7 Days/Week (M-Su) 6
Jess Gonzalez Sports Complex See Note 2 7 Days/Week (M-Su) 10
Public Works Yard 3400 3 Days/Week (Tu, Th, Su) 9
1. Contractor acknowledges that square footage approximations above are estimates and that it is the responsibility of the Contractor to verify square footage noted for each location.
2. Square footage shall be determined by the Contractor during the mandatory pre-bid meeting and facility walkthrough.
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2. SCHEDULE OF CLEANING a. Daily Cleaning Services
i. Solid Waste Collection and Removal. All trash, recycling, and organics receptables within workspaces and common areas shall be emptied into appropriate separate bins and returned to their original locations. Any soiled or torn plastic trash receptacle liners shall be replaced.
Waste materials shall be collected in plastic bags. The Contractor shall pick up any trash that may fall onto the facility floors, countertops, cabinets, etc. or on public grounds during the removal of trash and recyclable materials. Tied plastic bags of trash and organics materials
shall be deposited into the nearest, City provided, exterior waste collection point (blue container for trash and brown container for organic food waste). Recyclable materials shall be deposited into an exterior waste collection point (white container for recyclables) as loose materials and not within a plastic bag. The City’s solid waste hauler
does not accept plastic bags within the recyclables waste stream. The City’s solid waste hauler currently accepts plastic bags within the brown – food waste only carts. Exterior organic food waste collection carts are located at three facilities: City Hall, Garvey Center, and the
Public Works Yard. If the waste hauler should no longer accept plastic bags within the brown cart, Contractor agrees to no longer deposit plastic bags within the cart and coordinate with City on how to best modify the collection of organics from city facilities.
ii. Floor Cleaning. Cleaning of carpet and hard surface floors shall be
conducted at each location and date of service as stated on the provided cost sheets (see Attachment A). Regular services may include vacuuming carpet and sweeping and mopping hard surface flooring. All mops and buckets used in mopping operations need to be segregated
and color coded to the area of the facility for which they are designated.
Separate mops need to be used in restrooms, kitchens, and common areas. The mop identification system shall be done conspicuously and obviously. No mops or mop buckets shall be used in an area for which they are not designated.
iii. Restroom Cleaning. After service, the restrooms must be clean, sanitary and free of odors. Additionally, the restrooms must be stocked with sufficient paper supplies and soap to last until the next service. The following tasks shall be performed at a minimum to accomplish these
results:
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1) Clean and disinfect all surfaces of toilet bowls, urinals, lavatories, showers, dispensers, mirrors, chrome surfaces, and other such surfaces using a germicidal detergent.
2) Disinfect all surfaces of partitions, stalls, stall doors, and wall areas
adjacent to wall-mounted lavatories, urinals and toilets. 3) De-scale toilet bowls and urinals. After de-scaling, the entire surface shall be free from streaks, stains, scale, scum, mineral deposits, and rust stains. Sweep and mop floors. All floor drains should be flushed
not less than one time per week. NOTE: No hosing of any restroom
floors shall be done, including parks.
o Specifications for products are included in the Attachment B. iv. Low Surface Cleaning
1) Dust removal and fixture cleaning – Low Dusting is the removal of all dust, lint, litter, and dry soil from the surfaces of desks, chairs, file cabinets, book shelves, tables, and other types of office furniture and equipment from horizontal ledges, window sills, window coverings, hand rails, etc., to a line up to 7’0” above the floor including vent grills
within these limits. A level of care shall be taken to complete dust removal services without disturbing personal work areas. 2) Glass/mirror regular cleaning – regular glass cleaning is to be performed daily and includes spot cleaning all glass desk tops, walls, partitions, interior office windows, interior and exterior door glass
(and areas directly connected to such), display cases, directory boards, draft shields on windows, mirrors and adjacent trim. After glass cleaning, there shall be no traces of finger prints or smudges. 3) Clean All Fixtures (i.e. drinking fountains, counters, etc.). After cleaning, all fixtures shall be free from streaks, stains, spots,
smudges and other obvious soil. 4) Kitchens – Some facilities have kitchenettes and two facilities have full kitchens. On each site visit, kitchen counters and sinks shall be wiped free of debris, trash shall be removed and floors shall be tended to as described above in Section 2.a.ii. Sinks and faucets
shall be cleaned as described in Section 2.a.iv.3. 5) Clean Walk-off Mats. Carpet-type entrance mats shall be vacuumed to remove soil and grit. Rubber or polyester entrance mats shall be swept, vacuumed, or hosed down outside to remove soil and grit. Soil and moisture underneath entrance mats shall be removed and
mats returned to their normal location. v. Miscellaneous Tasks 1) Notification of burnt out or non-functioning lamps, light bulbs and tubes, and of electrical issues. Contractor shall visually inspect the
area at each cleaning service and provide a list of deficient items to
the City whenever issues are found. 2) Visual Inspection/Reporting of deficiencies/damage/etc. Contractor and employees shall report to City Staff any deficiencies, hazardous
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conditions, damage, graffiti, etc. that is encountered throughout provision of services within 24 hours. 3) Turn off all lights to offices and areas with manual switches after
servicing.
4) If the City’s Facilities Supervisor, or designee, reasonably determines that a significant aspect of a required service was not adequately performed, the Contractor will be required to return to the affected facility within one (1) hour of notification to complete the
service or correct the deficiency.
5) Any other janitorial-related service that is determined to be necessary and urgent for health/safety concerns shall be addressed within three hours of notification by City to Contractor. Additional charges will be allowed based on agreed upon hourly rates.
b. Periodic Cleaning Services The following periodic cleaning Services shall be provided on a frequency as noted in the cost forms for each facility in Attachment A. The actual dates for all Periodic
Cleaning Services shall established at the beginning of each contract year (April
1st) by written notice of proposed schedule for the next upcoming fiscal year. Once approved by City staff, the contractor must submit in writing any requests to deviate from approved schedule.
i. High Surface Cleanings
1) High Cleaning. High Cleaning tasks shall be scheduled and accomplished as noted in Attachment A, for each building as a supplement to general cleaning services. These services consist of high dusting and cleaning of ventilator registers.
2) High Dusting. Removal of all dust, lint, litter, spider webs, etc., from all walls, sills, ledges, furnishings, ceilings, etc., 7’0” above the top of the floor surface to the ceiling. All window blinds, where installed, are also included in high dusting.
3) Clean Ventilator Registers. After cleaning, the registers will be clean and un-streaked and the surrounding wall and ceiling areas shall be free of dirt, dust, grime, etc.
4) Glass Cleaning. Thorough interior and exterior glass cleaning shall be
scheduled and accomplished as noted in Attachment A, for each building on a schedule submitted by the Contractor and approved by the City. This includes all glass, including windows regardless of height, skylights, etc.
ii. Floor Waxing. All appropriate hard surface floors shall be waxed/buffed according to the approved annual schedule as established each year in July.
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1) For floors that require waxing, the old wax must be stripped and the floors must be sealed from the floor before the new wax is applied
2) Waxing/buffing includes combination techniques of dry buffing, spray buffing, stripping, and waxing to achieve required results. 3) Floors must be cleaned thoroughly before waxing and buffing. Upon completion of waxing/buffing, all wax, dust, other residues shall be removed and walls, coving, baseboards, and other furnishings in and
around the area shall be cleaned and free from residue related to this
activity. All furnishings shall be returned to proper positions. 4) Tile Floor Cleaning shall include cleaning grout lines. Grout lines shall be
cleaned and maintained on a scheduled and accomplished as noted in Attachment A, for each building. Grout lines shall also be resealed quarterly.
5) Some floors in some facilities are no-wax floors and shall be cleaned
according to the specifications provided by project manager. iii. Carpet Shampooing. All Carpets shall be cleaned and shampooed during the final week of the calendar year (in general between the dates of
December 26 – December 31), and for some facilities additional cleanings
may be called for which should be set in the schedule that will be submitted each April 1st. Seasonal facilities may require alternate dates. A combination of techniques, including steam and wet/dry solution cleaning,
may be used to achieve the required results. After shampooing, all
solutions shall be vacuumed from the carpet surfaces and removed from the walls, coving, baseboards, and other furnishings in and around the area shall be cleaned. All furnishings shall be returned to their proper locations.
Upon completion of cleaning and shampooing all carpets, all walls, coving,
baseboards, and other furnishings in and around the area shall be cleaned and free from residue related to this activity. Additional carpet cleanings shall be provided for the agreed upon price per
the submitted quote, if/when requested.
3. CONSUMABLE PRODUCT COST
Required as part of this proposal is a cost for all consumable items for cleaning and restocking. The City elects to include the provision of these consumable items in the contract with the chosen company. Prices should be considered carefully to ensure that adequate funding will be included in the Contractors proposed costs.
a. Consumable products to include:
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• Deodorized Urinal Screens
• Germicidal detergent
• Urinal Cartridges for Waterless Urinals
• Hand Soap
• Paper Towels
• Toilet Paper
• Toilet Seat Covers
• Floor Treatment (Full Court) 4. SCHEDULE/ WORKING HOURS
a. Contractor shall provide to the City an annual schedule, showing the estimated times for daily performance at each facility, as well as dates and times for required periodic cleanings by facility.
b. Working hours shall vary by location (see included Facility Descriptions).
Cleaning shall not be scheduled earlier than thirty (30) minutes after the end of normal business hours of any facility and must be completed before the start of each business day as posted at each facility. Standard operating hours for all facilities are included in the enclosed facility descriptions.
These times are provided for information only and may be subject to
change. c. The contractor shall monitor the City website, and work with City staff, to ensure that daily and periodic cleaning is not performed during scheduled
City meetings. Example; no cleaning shall occur at City Hall during Council
Meetings which are held every second and fourth Tuesday evening. These meetings begin at 7:00 pm and can sometimes last until 12:00 am. d. The Contractor shall maintain a schedule for all additional services for each
facility including floor cleaning, waxing, carpet cleaning, window washing
and any other cleaning operation. A report shall be submitted monthly describing the additional services that were completed, including the location and the date of service.
e. In the event an evening meeting or event is being conducted in a facility,
the Contractor shall be responsible for proper cleaning of the used area, provided the meeting ends by midnight. All cleaning shall be completed before the start of next normal business day.
f. A standing weekly meeting shall be scheduled at the contractor’s convenience to review the performance and to discuss any issues with the contractor. The contractor’s project manager shall be present at all weekly meetings. When deemed necessary, the City may require additional meetings with the contractor’s management.
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g. Should any City facility become inactive or have an altered schedule for a period of seven (7) days or more, the City may request, in writing, an interruption of custodial services. The City shall specify, in writing, the
duration of the interruption and request services to cease. Upon the
interruption of services, the City shall not be invoiced for services not rendered. 5. PERFORMANCE STANDARDS
a. It is the objective of the City to obtain full cleaning performance in accordance with the terms of this RFP and ensuing contract, at the highest quality standards of work. All work is to be performed in a professional, workmanlike manner using quality equipment and materials to achieve the
desired standards, resulting in all identified premises being maintained with a crisp, clean appearance. b. City staff shall contact the Contractor by telephone, fax, or email to notify them of performance issues. City staff shall also notify the Contractor of
written complaint(s) received from building occupants. Complaints regarding performance or character of the Contractor’s employees shall be mitigated immediately by the Contractor. Contractor shall provide City with a contact number to reach a representative of company at any time.
c. City staff will maintain a file of incoming complaints whether they are delivered in writing, orally, or by telephone. This file shall contain the date, time, building, name and phone number of the person making the complaint, and a copy of the notification letter and email or fax record of delivery.
d. Achieving the desired performance standards require that any identified problems with contractor performance be responded to in a timely manner. Major problems require immediate attention and shall be responded to and corrected within two (2) hours. Examples of major problems include but are
NOT limited to: Toilets not being cleaned, insufficiently stocked paper products in large areas, offices not cleaned, trash not removed, Organics/Recycling/Trash deposited in the incorrect exterior bins, employees not wearing an ID and/or uniform, and any other problems, identified by the City’s project manager that is deemed to hinder the
operations of any City facility. Minor problems require correction during the next normal cleanup day and may include but are NOT limited to: A trash can that is not emptied, a small area not vacuumed, or toilet paper being out in one stall.
A continuous and persistent record of complaints or failure by the Contractor to respond to specific complaints as stated above, as well as preventing continuing occurrences of such complaints may result in deductions of
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invoiced payments as liquidated damages as outlined below. e. Failure to clean an entire building or site shall result in a separate deduction
for nonperformance. After three (3) occurrences of nonperformance within
a 12-month period, the City, at its discretion, may begin default proceedings. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved in writing by
the City before the work is commenced. The Contractor will be required to
provide before and after photographs of safety items or emergency repairs which, out of necessity, were made without prior City approval. f. Contractor billing shall be done on a timely basis. The successful bidder
shall submit monthly invoices for work completed in the previous month.
g. Liquidated Damages - Failure of the Contractor to respond to reported
problems within the time limits established above shall result in the following
deductions from invoiced payments:
i. Major problems not responded to within the established time limits will
result in a deduction of 10% of the monthly cost of cleaning the entire building; ii. Minor problems not responded to within the established time limits will
result in a deduction of one (1) day’s cost of cleaning for the entire building experiencing the problem; iii. Nonperformance, (constitutes an entire facility not cleaned for one or more scheduled cleanings) deductions shall be equal to 100% of the monthly charge for the missed facility; iv. Continued reporting of major and minor compliance failures of 5 or more for any month will result in a 10% deduction of the total monthly contract cost, regardless of the timeliness of the corrections; v. Inspection reports (completed by City staff) for a one-month period will be reviewed at the first meeting of the following month. Should these inspection reports indicate an overall unsatisfactory rating for the prior month; the City may impose a 10% deduction of the total monthly
contract cost on the next payment. 6. CONTRACTOR PERSONNEL REQUIREMENTS a. Contractor shall furnish to the City a list of any and all personnel assigned
to this contract and who will be working in any City facilities. This list shall
be updated immediately with any changes and remain current at all times. Only persons officially employed by the contractor shall be permitted within City facilities. No persons who are not employed by contractor shall
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accompany the contractor or any employee of the contractor during the provision of services under this agreement. Violation of this term will be grounds for termination of contract.
b. Contractor shall furnish, at their expense, a background investigation of all personnel assigned to this contract. The background investigation may either be furnished by the contractor or completed by the City at the expense of the contractor.
c. All personnel shall be identified by a uniform of the contractor. Uniform may be as simple as a shirt bearing the name of contractor. Additionally, all personnel must carry an identification card identifying them as an employee of contractor at all times while in a City facility.
d. Each crew of workers, which is defined as an individual or group of employees of contractor working without supervisory personnel present, shall include at least one individual who speaks the English language proficiently.
7. FACILITY ACCESS Contractor and its employees will be self-reliant to access each of the City’s facilities to perform services. This will include the City providing to Contractor all
necessary:
• Keys
• Door Codes
• Alarm Codes These items are property of the City and are loaned to Contractor only during the period of this contract. Contractor will be responsible for all items once issued by
the City. The City will charge contractor a sum of $100 for the replacement of any lost keys. Any lost keys must be reported to the City within 24 hours. Contractor will be provided training on the alarm systems operations at all facilities. Once trained, it will be the responsibility of the contractor to ensure that all staff
are utilizing alarm systems properly. Contractor will be responsible for any false alarms caused by improper use of alarm systems and may be liable for liquidated damages. Contractor shall secure all facilities, including locking all exterior doors and
setting all alarms, at completion of services.
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D. PROPOSAL SUBMISSION Electronic or Hardcopy proposals will be accepted as follows:
Hardcopy Proposal Submittals: Four (4) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in sealed envelope(s)
Hardcopy proposals shall be addressed to: City of Rosemead-City Hall City Clerk’s Office 8838 E. Valley Blvd.
Rosemead, CA 91770
Attn : Ericka Hernandez, City Clerk Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home Proposal submittal due date is: February 23, 2023, at 10:00 a.m.
Late proposals will not be accepted. E. CONTRACTOR SELECTION SCHEDULE Release of Request for Proposals: February 2, 2023
Mandatory Pre-Bid Meeting and Walkthrough: February 13, 2023 Deadline to Submit Questions: February 14, 2023
Response to Questions : February 16, 2023 Proposals Due: February 23, 2023 Tentative City Council Award: March 14, 2023
First Day of Contract Service: April 1, 2023 F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Draft Services Agreement is provided as Attachment D. Please review and provide any comments you have. City does not guarantee that any revisions to contract will be accepted.
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G. PERFORMANCE BOND The selected contractor shall provide a performance bond in the amount of the
contract, as specified in the attached Draft Services Agreement.
H. EVALUATION PROCESS & CONSULTANT SELECTION METHODOLOGY Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Rosemead may use some or all of the following criteria in its evaluation and
comparison of the proposals submitted. The criteria listed below are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:
1) Responsiveness to the Scope of Services
2) Approach and methods for managing the contract and delivering services. 3) Previous Experience with Governmental/Institutional Client and References/Previous Performance 4) Qualifications to Provide Service
5) Cost
I. PROPOSAL SUBMITTAL FORMAT Proposal shall be submitted in the format specified below:
Cover Letter A cover letter should summarize key elements of the proposals. The letter must be signed by an individual authorized to bind the contractor. The letter must stipulate
that the proposed pricing shall be valid for a minimum of three (3) years. Indicate the
address and telephone number of the contractor’s office located nearest to Rosemead, California, and the office from which the contract will be managed. Contract Organization and Staffing
Describe your approach and methods for managing the contract. Provide an organizational chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Manager and the person(s) who will be the key contact(s) with the City of Rosemead. Indicate
how many hours (aggregate hours of all cleaning staff on site) will be devoted to the
contract by task at each location. Please include resumes for key members of the contract team with particular emphasis on their experience and professional affiliation. Related Experience
Describe recent, directly related, public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the contract director
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and/or manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three company references should be included. For each reference, indicate the reference name,
organization affiliation, title, complete mailing address, and telephone number. The
City of Rosemead reserves the right to reference check any and/or all of the organizations or individuals listed. Cost Data
The provided bid cost forms (Attachment A) must be completed and submitted electronically for all listed facilities/parks for which janitorial maintenance services are required as part of a complete submission.
Addenda Acknowledgement If any Addenda is issued by the City, they shall be acknowledged in this section. J. MANDATORY PRE-PROPOSAL MEETING AND FACILITY WALKTHROUGH
All parties submitting proposals are instructed to attend a mandatory pre-bid meeting and facility walkthrough. The meeting is scheduled for Monday, February 13, 2023, at 9:00 a.m. at Rosemead City Hall Council Chambers, 8838 E. Valley Boulevard, Rosemead, CA 91770. Present at this meeting will be representatives of the City of
Rosemead Public Works Department.
The purpose of this meeting is to familiarize contractors with the scope of work and facilities where this work will be performed, and to answer any questions which may arise prior to submitting proposals. A guided walkthrough of the main City facilities
will be provided at that time as well as an example of a typical parks facility. Proposers will also be encouraged to visit any and all remaining facilities during business hours included in the attachments. Attendance at this meeting and walkthrough is MANDATORY for those wishing to submit proposals. Failure to attend the pre-bid meeting and walkthrough shall result in the disqualification from the RFP process.
K. PROTEST PROCEDURES This section sets forth the protest remedies available with respect to the RFP. Each prospective consultant, by submitting its Proposal, expressly recognizes the limitation
on its rights to protest contained herein, and expressly waives all other rights and remedies. Each prospective consultant agrees that the decision on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted to:
City of Rosemead-City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Ericka Hernandez, City Clerk
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L. DEBRIEFING
Proposers who submit a proposal in response to the RFP shall be notified in writing
when the proposer was not selected to receive further consideration. M. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act
and other public records laws, and by submitting a proposal, the proposer waives all rights to confidentiality of any information submitted in the proposal and agrees to any and all such disclosures required or permitted by law. Proposals become the property of the City when submitted and by submitting a proposal, the proposer agrees that the
City may use any information, documentation or writing contained in the proposal for
any the City purpose. N. PRE-CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION
The City is not be liable for any pre-contractual expenses incurred by any proposer or
by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre-contractual expenses are defined as expenses incurred by proposers and the
selected consultant, if any, in:
Preparing and submitting information in response to this RFP
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 proposer/consultant prior to the date of award
and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel the RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution,
or only award a partial ATTACHMENTS:
Attachment A – Bid Cost Forms Attachment B – Product Specifications Attachment C – Map of City Facilities and Facility Descriptions Attachment D – Professional Services Agreement Template and Insurance Requirements
ATTACHMENT A (SEE EXCEL FILE)
ATTACHMENT B
RESTROOM CONSUMABLE PRODUCTS –
SPECIFICATION
The following items are specified for use as the consumables for the Restrooms.
Contractor will bid based on furnishing these items. The City reserves the right to accept
a product, at the contractor’s request, that is approved as an equal.
Toilet Paper – Optima 2-Ply
Paper Towels - Optima Paper Multi-fold Towels
Optima Rolled Paper Towels
Urinal Cartridge - Must be compatible with
Falcon Waterfree Technologies
The following items are required for use in the course of providing Janitorial Services to
the City of Rosemead. A particular product is not being specified, however, the City
reserves the right to approve the use of any product.
Deodorized Urinal Screens
Antibacterial Hand Soap
Toilet Seat Covers
ATTACHMENT C
City of Rosemead
MAP OF CITY FACILITIES
1.
2.
3.
Sally Tanner Park
8343 E. Mission Drive
Rosemead Park
4343 Encinita Avenue
City Hall
8838 E. Valley Boulevard
4.Rosemead Community Recreation Center
3936 N. Muscatel Avenue
5.Garvey Park
7933 Emerson Place
6.Zapopan Park
3018 N. Charlotte Avenue
7.
8.
Public Safety Center
8301 Garvey Avenue
Garvey Community Center
9108 Garvey Avenue
9. Public Works Yard 2714 River Avenue
MAP OF CITY FACILITIES
5Emerson Place
Fern Avenue
N Jackson Avenue Del Mar Avenue Kelburn Ave san Gabriel Boulevard Charlotte Avenue Angelus Avenue Delta StreetWillard Avenue Walnut Grove Avenue Muscatel Avenue Ivar Street Encinita Avenue Rio Hondo Avenue 1
2 Wells Street
Valley Boulevard
Marshall Street
3
4
SAN BERNARDINO FREEWAY
Dorothy Street
6
7
Fern Avenue
10
Garvey Avenue 8
Klingerman Street
Rush Street River Avenue City Facilities
9
10. Jess Gonzalez Sports Complex 8471 Klingerman Street
Rosemead City Hall
8838 E. Valley Blvd Rosemead, CA 91770
Building Statistics
Approximately 18,000 square feet Primarily office/administrative space 9 Bathrooms 2 Kitchenettes
Hours of Operation Monday – Friday: 6:00 a.m. - 7:00 p.m. Days for Cleaning Monday, Tuesday, Wednesday, Thursday, Sunday (5x Week)
Rosemead Community Recreation Center
3936 N. Muscatel Avenue
Rosemead, CA 91770
Building Statistics Approximately 18,000 square feet Commercial Kitchen
5 Restrooms
Multipurpose Spaces (5) Offices
Hours of Operation
Monday – Thursday - 7:00 a.m. – 9:00 p.m.
Friday – Sunday 7:00 a.m. – 12:00 a.m.
Days for Cleaning Monday – Sunday (7x Week)
Garvey Community Center 9108 E. Garvey Avenue Rosemead, CA 91770
Building Statistics Approximately 20,000 square feet Commercial Kitchen 7 Bathrooms (includes preschool restroom)
Offices
Meeting Rooms Hours of Operation Monday – Thursday - 7:00 a.m. – 9:00 p.m.
Friday – Sunday – 7:00 a.m. – 12 a.m.
Days for Cleaning Monday – Sunday (7x Week)
Garvey Park 7933 Emerson Place
Rosemead, CA 91770
Facility Statistics
The park includes 6 Facilities to be serviced as a part of this contract. The services for Garvey Park are comprised of:
• Recreation Building
• Maintenance Room
• Splash Zone Pool Facility
• Snack Bar Building - Restrooms
• Garvey Gymnasium
• Garvey Park Restrooms
Garvey Park Recreation Office:
• Approximately 3,500 sf of Office Space, Multipurpose Rooms (2: 1 small and 1
large), 2 Bathrooms, Kitchenette
• Hours of Operation - Monday – Friday 6:00 a.m. – 6:00 p.m.
• Days for Cleaning - Monday – Friday (5x Week)
Garvey Park Restrooms:
• Building Statistics – 2 Restrooms
• Hours of Operation - Monday – Sunday 7:00 a.m. – 10:00 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
Garvey Park Maintenance Room:
• Building Statistics – 1 Restroom
• Hours of Operation - Monday – Friday 7:00 a.m. – 6:00 p.m.
• Days for Cleaning – Monday, Wednesday (2x Week)
Snack Bar Building - Restrooms
• Building Statistics - 2 Restrooms
• Hours of Operation - Monday – Sunday: 7:00 a.m. – 10:00 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
Splash Zone – Pool Facility
• 2 Locker Rooms / Bathrooms and Office Space
• Hours of Operation - Operates: May 1 – October 1
o Monday – Sunday: 8:00 a.m. – 6:00 p.m.
o Tuesday & Thursday: 6:00 p.m. – 8:00 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
Gymnasium
• 5700 square feet open gym space, 2 restrooms
• Hours of Operation - Monday – Friday 2:00 p.m. – 10:00 p.m.
Saturday – Sunday 8:00 a.m. – 10:00 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
Rosemead Park 4343 Encinita Ave
Rosemead, CA 91770
Facility Statistics The park includes 4 Buildings to be services as a part of this contract.
All cleaning services for this park will be bid under the item defined as “Rosemead Park”
The services for Rosemead Park are comprised of:
• Rosemead Aquatic Center
• Rosemead Park Staff Restroom
• Recreation Building/Preschool/Restrooms
• Snack Bar Building - Restrooms
Recreation Building/Preschool/Restrooms:
• Building Statistics - Approximately 3,500 sf of Office Space, Multipurpose
Room, 2 Bathrooms
• Hours of Operation - Monday – Friday 7:00 p.m. – 6:00 p.m.
Restrooms Monday – Sunday 7:00 a.m. – 10:00 p.m.
• Days for Cleaning – Wednesday, Sunday (2x Week)
Rosemead Aquatic Center
• Building Statistics - 5700 square feet, 2 Locker Rooms / Bathrooms,
Staff Restrooms, Office Space
• Hours of Operation
o Monday – Friday: 7:00 a.m. – 8:30 p.m.
o Saturday 7:00 p.m. – 4:30 p.m.
o Sunday 11:30 a.m. – 4:30 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
•
Rosemead Park Staff Restrooms
• Building Statistics - 1 Bathroom
• Hours of Operation - Monday – Friday: 7:00 a.m. – 6:00 p.m.
• Days for Cleaning - Monday (1x Week)
Snack Bar Building - Restrooms
• Building Statistics - 2 Bathrooms
• Hours of Operation - Monday – Sunday: 7:00 a.m. – 10:00 p.m.
• Days for Cleaning - Monday – Sunday (7x Week)
Public Safety Center 8301 Garvey Avenue
Rosemead, CA 91770
Public Safety Center:
Approximately 4,000 sf of Office Space, Multipurpose Room, 2 Bathrooms, Kitchen
Hours of Operation Monday – Friday - 7:00 a.m. – 6:00 p.m. Saturday 10:00 a.m – 2:00 p.m.
Days for Cleaning Monday – Sunday (7 x Week)
Sally Tanner Park 8343 Mission Dr
Rosemead, CA 91770
Sally Tanner Park Restrooms Building Statistics 2 Restrooms
Hours of Operation Monday – Sunday: 7:00 a.m. – 10:00 p.m. Days for Cleaning
Monday – Sunday (7x Week)
Zapopan Park 3018 N. Charlotte Avenue
Rosemead, CA 91770
Zapopan Park Restrooms
Building Statistics
2 Restrooms Hours of Operation Monday – Sunday: 7:00 a.m. – 10:00 p.m.
Days for Cleaning Monday – Sunday (7x Week)
Jess Gonzalez Sports Complex 8471 Klingerman Ave
Rosemead, CA 91770
Building Statistics
2 Bathrooms Hours of Operation Monday – Sunday: 7:00 a.m. – 10:00 p.m.
Days for Cleaning Monday – Sunday (7x Week)
ATTACHMENT D
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Model Agreement CITY OF ROSEMEAD AGREEMENT FOR SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this ______ day of ____________________, 20___ 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 [insert Name of Company], a [insert type of entity -
corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS. 2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] 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 for the [insert Name of
Project] (“Project”) as set forth in this Agreement.
3. TERMS. 3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance 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 Agreement, 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 Agreement shall be from [insert start date] to
[insert ending date], unless earlier terminated as provided herein. Contractor shall
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complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement 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 Agreement. 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 Agreement. Any additional personnel performing the Services under this Agreement 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 Agreement 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 Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. 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 [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“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 [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. 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,
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techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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 Agreement 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, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement,
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 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 Agreement, 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. 3.2.9.1 Time for Compliance. Contractor shall maintain prior
to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
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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 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 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 Agreement. 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 in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, 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 in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, 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
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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 Agreement 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 Agreement,
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 Agreement (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 Agreement 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 A.M. 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. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) 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 Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which 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 of receiving such statement, review the statement and pay all approved charges thereon. 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 Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any
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work which 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 Agreement. Contractor shall not perform, nor be compensated for, Extra Work
without written authorization from City’s Representative. 3.3.5 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 16000, 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 Agreement. 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.
3.4 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 Agreement. 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
Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions.
3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement 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 which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished
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Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. 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 Agreement 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 Agreement 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: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person]
CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770
Attn: [Insert Name & Department]
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 Agreement.
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 Agreement, 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 Agreement, including
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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 Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement 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 Agreement.
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 Agreement 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 Agreement 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. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this
Agreement 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 work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. 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
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Agreement. 3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement 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, estoppel, 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 Agreement 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 Agreement. 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 Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, 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.
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 which 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 Agreement. Contractor has all requisite power and
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authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement 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 Agreement, 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 Agreement.
[signatures on next page]
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CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By: By: Ben Kim, City Manager Name: Attest:
Title: Ericka Hernandez City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR
REQUIRED] Approved as to Form:
By: Name:
Rachel Richman, City Attorney Title:
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EXHIBIT A SCOPE OF MAINTENANCE SERVICES
[insert scope]
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EXHIBIT B SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
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EXHIBIT C COMPENSATION
[insert rates & authorized reimbursable expenses]
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EXHIBIT D 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 agreement 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: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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 that $1,000,000 combined single limit 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 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. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
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 coverages. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any
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reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and
• Policies shall “follow form” to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Professional Liability or Errors and Omissions Insurance as appropriate shall be written
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 agreement. 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 agreement. Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Acceptable insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
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 insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement 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.
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3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages 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 coverages required and an additional insured endorsement to Contractor ‘s general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. 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 agreement 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 agreement 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.
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Contractor agrees that upon request, all agreements 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 agreement 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. 13. For purposes of applying insurance coverage only, this Agreement 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 Agreement.
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 agreement. This obligation applies whether or not the agreement 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 Agreement 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 coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
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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 agreement 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 Agreement 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 agreement. Any such
provisions are to be deleted with reference to City. It is not 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 agreement. 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.