CC - Item 5C - Award of Contract for Janitorial Services - Attachment C and DAttachment C
Evaluation Summary
Evaluatkma for Janitorial Services RFP
Vendor
City's Criteria
Max Points
[valuaiiun Score
Background and OuallFications:Oemonstraled experience providing municipalscale
services conducting corm -acts of similar scope and complexity. Include certifications,
15
licerees,etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's heeds. A demonstrated understanding at the objectives and a strategy W
W
,u
meet the crntraet requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 refere nces), Including client s atisfactIon, timeliness. and respons this ness.
20
-.
Responsiveness and Com plate ness: Proposal is wellorga nixed, with all reque sled
1. Base Hill
Information Included and thoroughness of proposal.
20
1:
Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and
emergency response pricing. Provide unit pricing schedule if applicable.
Community Borate: Community Investment -maintains a physical business location
within Rosemead and holds valid business lice nee for at least t year prior to RFP rebus
1
date or satisfactorily completed work within past 5 yrs
Community Beetefe: Local engagement -Commitment to participate In City approved
community service during the term of the contract
a
TOTAL
ties
--
Background and Quslitleatbns:Demonetreted experience providing municipalscale
services ccodugting contracts of similar scope and complexity. Include certifications,
15
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's needs. A demonstrated understanding ofthe objectives and a strategy to
30
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), Including client satisfaction, timeliness, and respor tore ness.
20
..0
Responsiveness and Completeness: Proposal Is wellorgenbed, with all requested
2. CCS Facility Services
Information Included and thoroughness of proposal.
15
-0
.-
Cost Proposal: Com petitmveness and reasonableness of cost, including hourly rates and
emergency tea pores pricing. Provide unit prlc ing schedule If applicable.
20
Community Be refit: Community Investment - maintains a physical business location
within Rosemead arta holds valid business license for at least l year prior to RFP release
1
date or satisfactorily completed wok within past 5 yrs
Community Benefit: Local engagement -Comm itmerd to participate In City approved
community service during the term of the contract
..
TOTAL
105
Background and OualfFwetlons:Demonstrated experience providing in unlcipalsca Is
services conducting contracts of similar scope and complexity. include certifications,
15,
lice uses, etc.
Project Understanding and Scope of Work: Demoretreted capacity and capablley to meet
with City's needs. A demonstrated understanding of the objectives and s strategy to
30=:<
..-. „
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), Including clleinsatisfaction, timeliness, and res pons lveness.
20'.
w
Respons Iva ness and Com plate ness: Proposal Is wellorgantred, whit all requested
3.Crustal
Information included and thoroughness of proposal.
15=-.-
.,.
Cost Proposal: CompeteWeness and reasonableness of cosh including hourly rates and
emergency responee pricing. Provide unit pricing schedule d applicable.
20 =.
Community Benefit: Community Imresiment-maintams a physical business location
within Rosemead and holds valid business ficense W at least I year prior to RFP release
1%=
date or satisfactorily completed work within past 5 yrs
Community Benefit: Local engagement - Commkmerd to participate In City approved
community service dung the term of the contract
TOTAL
105
Background and Quallficatbns:Demonstrated experience providing inunlcipslscale
services conducting contracts of a miller scope a nd complexity. Include cenlficatlure,
15
,.
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
20
meet the contract requlremerds.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), Including client satisfaction, timeliness, and responsiveness.
20
110
Responsiveness and Completeness: Proposal is well-organirad, with all requested
d. Commercial
Information included and thoroughness of proposal.
15
5
Evaluations for Janitorial Services RFP
Vendor
City's Criteria
Max Points
Evaluation Scare
Cost Proposal: Competitiveness and reasonableness of cost, Including hourly rates and
2
emergency response pricing. Provide unit pricing schedule if applicable.
20
0
Community Benefit: Community Investment- maintains a physical business location
within Rosemead and holds valid business license for at least l year prior to RFP release
1
date or satisfactorily completed work within pest 5 yrs
Community Benefit: Local engagement - Commitment to participate In Cly approved
0
community service during the term of the contract
4
TOTAL
105
62
Background and Qualticatio s:Demonstrated experience providing municlpa"cals
services conducting contracts of similar scope and complexity. Include certifications,
15
1=.
licellses,etc.
Project Understanding and Scope of Work: Demonstrated capacty and capability to most
with City's needs. A demonstrated understanding of the objectives and a strategy he
w
20
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), including client satisfaction, timeliness, and responsiveness.
20
_
Responsiveness and Completeness: Proposal is well-orgamzed, with all requested
5 JJ Properly
information Included and thoroughness of proposal.
15
_.
_
Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and
emergemy response pricing. Provide unit pricing schedule if applicable.
20
0
Community Be neM: Comm unity Investment- maintains a physical business location
within Rosemead and holds valid business license for at least 1 year prior to RFP release
i
data or satisfactorily completed work within past 5 yrs
Community Bereft: Local engagement - Commitment to participate In City approved
community service during the term of the contract
4
TOTAL
105
75
Background and Owificabb :Demonstrated experience providing munk:ips"cale
services conducting contracts of similar scope and complexly. Include certifications,
15
12
licenses, etc.
Project UrcNretanding and Scope of Work: Demonstrated capacty and capability to meet
with City's mads. A demonstrated understanding of the objectives and a strategy W
30
30
meet the contract requirements.
References and Past Experts me: Quality of performance on similar contracts (minimum
3 references), Including diens satisfaction, timeliness, and responsiveness.
20
.o
Responsiveness and Completeness: Proposal is wail-organized, with all requested
6. Jonco
Information Included and thoroughness of proposal.
15
1s
Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and
ame rgency response pricing. Provide unit pricing schedule If applicable.
20
i
Community Be refit: Community Investment-maintains a physical business location
wthln Rosemead and holds valid business license for at least t year prior to RFP release
1
data or satisfactorily completed work within past 5 yrs
Community Be nagC Local engagement - Commtment to participate in City approved
community seryice during the term of the contract
4
TOTAL
105
Background and QualRlcations:Demonstrated experience providing municipal-scale
services conducting contracts of similar scope and complexity. include certifications,
15
15
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
30
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), Including ellen satisfaction, timeliness, and res pons iveress.
20
19
Responsiveness and Completeness: Proposal is well-orgar%Lci with all requested
]. Lincoln Training Center
Information Included and thoroughness of proposal.
15
11
14
Cost Proposal: Competitive ness and reasonableness of cost, Including hourly rates antl
emergency res pores pricing. Provide unit pricing schedule g applicable.
20
_
Community Benefit: Community Investment-maintains a phys lost business location
within Rosemead and holds valid business license for at least l year prior to RFP rebase
i
data or satisfactorily completed vrork wthin past 5 yrs
Community Be reOL Local engagement - Comm lime nt to Participate in City approved
-.
community aam Ice during the term of the contract
4
TOTAL
105
93
Eva Nations for Janitorial Services RFP
Vendor
City's Criteria
Max Points
Evaluation Score
Background and Qualificattuns:Demomtrated experience providing municipalscale
services conducting contracts of similar some and complexity. Include certifications,
15
13
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
30
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 refe remes). Including client satisfaction, timeliness, and respons weness.
20
20
Responsiveness and Completeness: Proposal Is wall-organhed, with a0 requested
S. Me rc hands Building Me ince name
information Included and thoroughness of proposal
Cost Proposal: Competitiveness and reasonablaraes of coat. Including hourly rates and
emergency response pricing. Provide unit pricing schedule R applicable.
20
n
Community Benefit: Community Investment - malntalns a physical business location
within Rosemead and holds valid business license for at least 1 year prior to RFP rebase
1
date or satisfactorfly completed work within Past 5 yrs
Community Benefit: Local a ngageme nt- Commitment to participate in City approved
-
community service during the term of the contract
4
TOTAL
IDS
Background and Qualifications: Demonstrated experience providing munkipa l -scale
services conducting contracts of similar scope and complexity. Include certifications,
15
..
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability, to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
_.
meet the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3 references), Including client satisfaction, timeliness, and responsiveness.
20
Responsiveness and Completeness: Proposal is wellorgantred, with all requested
9. OMNI
Information Included and thoroughness of proposal.
15
u
U.
Cost Proposal: Com Pelillvensss and reasonableness of cwt, Including hourly rates and
emergency response pricing. Provide unit pricing schedule 0 applicable.
20
u
Community Benefit: Community Investment - ma lntains a physical business location
within Rosemead and holds valid business It.. rise for at least i year prior to R FP re lease
1
data or satisfactorily completed work within past 5 yrs
Community Benefit: Local engagement -Commitment to participate in City approved
community service during the term of the contract
4
TOTAL
100
Background and Qua liication Demonstrated experience Providing munkipalscole
services conducting contracts of s lm liar scope a nd complexity. Include centmcatbw,
15
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's reads. A demonstrated understanding of the objectives and a strategy to
30
...
meet the contract requirements.
References and Past Experience: Quality of performance on Mon liar contracts (minimum
3 references), Including clic of satisfaction, tint elines s, a nd res pons Neness.
20
Responsiveness and Completeness: Proposal is wellorga nixed, with all requested
10. Platinum Maintenance Group line .
Information Included and thoroughness of proposal.
15
12
i I
Cost Proposal: Competitive nese and reasonableness of cost, Including hourly rates and
emergency response pricing. Provide unit prking schedule If applicable.
20
Community Benefit: Community investment -maintains a physical business lavation
within Rosemead a nd holds va lid bus lovas license for at least I year prim to RFP release
1
date or satisfactorily completed work within past 5 yrs
Community Benefit: Laval engagement -Commitment to participate in Cary approved
4
community so "Ice during the term of the contract
a
TOTAL
105
87
Background and Qualifications: De monstrated experience providing municipahscale
services conducting contracts of simile r scope and complexity. Include certifications,
15
10
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity, and capability to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
28
meet the contract requirements.
References and Past Experience: Quality of Performance on similar contracts (minimum
3references), Including client satisfaction, timeliness, and responsiveness.
20
20
Responsiveness and Completeness: Proposal is well -organized, with all requested
11.Premier
information included and thoroughness of proposal.
15
12
Evaluations for Janitorial Services RFP
Vendor
City's Criteria
Max Points
Evaluation Score
Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and
13
emergency response pricing. Provide unit pricing schedule if applicable.
20
o
Community Benefit: Community Investment - maintains; a physical business location
within Rosemead and holds valid business license for at least i year prior to RFP release
1
dale or satisfactorily completed work within past 5 yrs
Community Benafd: Local engagement - Commitment to participate in City approved
0
community service during the term of the contract
4
TOTAL
0
Background and Qualiticationa:Demostraled experience providing munklpa"cale
services conducting contracts ofslmflar scope and complexity. Include certifications,
15
10
licenses, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meet
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
26
most the contract requirements.
References and Past Experience: Quality of performance on similar contracts (minimum
3references), Including client satisfaction, timeliness, and responsiveness.
20
20
Responsiveness and Completeness: Proposal is vellorgan¢ed, with all requested
12The Phoenix
information included and thoroughness of proposal.
15
13
Cost Proposal: Com petgNeness aM reasonableness of cost, Including hourly rales antl
emergency res pone pricing. Provide unit pricing schedule ff applicable.
20
15
Community Benefit: Community Investment -mains In a physical business location
within Rosemead and holds valid business license for at least 1 year price RFP release
1
0
data or satisfactorily completed work within past 5 yrs
Community Benefit: Local engagement -Commitment to participate in City approved
community service during the term of the contract
a
0
TOTAL
105
84
Background and Quallilcations:O6montrated experience providing munlcipakcale
services conducting cmdracs of similar scope a nd complexity. Include cert@katkxs,
15
Ikenes, etc.
Project Understanding and Scope of Work: Demonstrated capacity and capability to meat
with City's needs. A demonstrated understanding of the objectives and a strategy to
30
..
meet the contract requirements.
References and Past Experience: Quality of Performance on similar contracts (minimum
3 reference sl, Including client satisfaction, timeliness, and responive mss.
20
_!
Responsiveness and Completeness: Proposal is we 0-orgxnixed, with all requested
13. Ultimate
infannation included and thoroughness of proposal.
15
--
Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and
emergency response pricing. Provide unit pricing schedule If applicable.
20
Community Benefit: Community Investment - maintain a physical business location
withln Rosemead and holds valid business license for at least l year prior to RFP release
1
data or satisfactorily completed work within past 5 yrs
Community Berefd: local engagement - Comm Rare to participate in City approved
community service during the term of the contract
x
TOTAL
105
Attachment D
Maintenance Service Contract
MAINTENANCE SERVICES CONTRACT
[INSERT PROJECT NAME]
THIS AGREEMENT ("AGREEMENT") is made and entered into effective as of the
day of 20_, by and between the CITY OF ROSEMEAD, a general
law city, located in the County of Los Angeles, State of California, hereinafter referred to
as CITY and , a [California corporation, LLC, sole proprietor]
with principal offices at
hereinafter referred to as CONTRACTOR.
WITNESSETH:
For and in consideration of the promises and of the mutual covenants and
agreements herein contained, said parties hereby agree as follows:
1. RECITALS. This AGREEMENT is made and entered into with respect to
the following facts:
(a) That CITY issued a Request for Proposals to obtain
maintenance services for the CITY; and
(b) That CITY received proposals, and after evaluating these
proposals based upon qualifications, staff determined that CONTRACTOR
was the most qualified to provide those certain
maintenance services to the CITY; and
(c) That based upon Staffs recommendation, the Rosemead City Council has
determined that CONTRACTOR is qualified to provide those certain
maintenance services, and therefore the Rosemead City
Council has elected to engage the services of CONTRACTOR upon the
terms and conditions hereinafter set forth.
2. SERVICES. CONTRACTOR shall perform those services described in
Exhibit A attached hereto and incorporated herein by reference. To the extent that Exhibit
A is a proposal from CONTRACTOR, such proposal is incorporated only for the
description of the scope of services and no other terms and conditions from any such
proposal shall apply to this AGREEMENT. Performance of the work specified herein is
made an obligation of CONTRACTOR under this AGREEMENT, subject to any changes
made subsequently upon the mutual written agreement of the parties.
4936-2161-9799 v I
Maintenance Contract $50k or More
1212025 Form
3 SCOPE. The services to be performed by CONTRACTOR under this
AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2
hereof.
4. FEE. Compensation to CONTRACTOR forthe total services to be
rendered pursuant to this AGREEMENT shall be in an amount not to exceed
($ 1.
5. EXTRA SERVICES. No extra services shall be rendered by
CONTRACTOR under this AGREEMENT unless such extra services first shall have been
authorized in writing by the CITY. Any such services so authorized shall be paid by the
CITY at the rates set forth in Exhibit A of this AGREEMENT.
6. PAYMENT BY CITY.
(a) CONTRACTOR must furnish CITY with an invoice for all services rendered
pursuant to this AGREEMENT. CONTRACTOR may not submit invoices
more often than once every 30 days.
(b) CITY will review each invoice and determine whetherthe services rendered
in in accordance with this AGREEMENT. The CITY may require
CONTRACTOR to provide a release of all undisputed amounts contained
in the invoice.
(c) If CITY disputes any item on an invoice, CITY will give CONTRACTOR
notice stating the reasons for the dispute. The parties will meet and confer
in good faith to attempt to resolve the dispute.
(d) Except as to any charges for the services rendered that the CITY disputes,
CITY will cause CONTRACTOR to be paid within 30 days of the date of the
invoice or the date that CONTRACTOR furnishes CITY with a release of
all undisputed amounts, whichever occurs later.
(e) In the event there is any claim specifically excluded by CONTRACTOR
from the operation of any release, CITY may retain an amount not to
exceed the amount of the excluded claim.
(f) Said compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of the work during its progress or
prior to its acceptance including those for well and faithfully completing the
work and the whole thereof in the manner and time specified in the
AGREEMENT, and also including those arising form actions of the
elements, unforeseen difficulties or obstructions encountered in the
prosecution of the work, suspension or discontinuance of the work, and all
other unknowns or risks of any description connected with the work.
7. CITY SUPERVISION. The or his/her
designee, shall have the right of general supervision of all work performed by
CONTRACTOR and shall be the CITY's agent with respect to obtaining CONTRACTOR's
4936-2161-9799 v 1
Maintenance Contract $50k or More -2-
1212025 Form
compliance hereunder. No payment for any services rendered under this AGREEMENT
shall be made without the prior written approval of the CITY
8. TIME. The term of this AGREEMENT shall expire on
unless sooner terminated as provided in Section 12 herein. The CITY retains at its sole
and absolute discretion options to extend said AGREEMENT for up to two (2) one-year
extensions.
9. TERMINATION OF AGREEMENT.
(a) Except as otherwise provided, CITY may terminate this AGREEMENT at
any time with or without cause upon providing written notice to
CONTRACTOR at least ten (10) days before the effective termination date.
Notice of termination will be in writing. In the event of a termination for
convenience, the CITY, based upon work accomplished by
CONTRACTOR prior to notice of such termination, shall determine the
amount of fees to be paid to CONTRACTOR for such services based upon
accepted practices of the CONTRACTOR'S field of work, and such finding
by the CITY, and shall be final and conclusive as to the amount of such
fee.
(b) Should the AGREEMENT be terminated pursuant to this Section,
CONTRACTOR shall immediately cease work except for work necessary
to secure the job site and any materials not yet incorporated into the work.
Once the job site is secured, CONTRACTOR shall vacate the premises.
CITY may procure on its own terms services similar to those terminated.
(c) Upon termination of this AGREEMENT by CITY, CONTRACTOR shall
transfer possession of all fixed items, including but not limited to fencing,
construction trailers, and any other equipment or materials affixed to the
project site, to CITY. CONTRACTOR shall ensure that all such items are
in good working condition and free from any liens or encumbrances.
CONTRACTOR shall provide CITY with all necessary documentation
related to the fixed items, including warranties, maintenance records, and
any other relevant information. CONTRACTOR shall also coordinate with
CITY to facilitate the smooth handover of these items.
(d) By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
10. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times
remain as to CITY a wholly independent contractor. Neither the CITY nor any of its officers,
employees, or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers, employees, agents or subcontractors, except as expressly set
forth in the AGREEMENT. CONTRACTOR may not at any time or in any manner represent
that it or any of its officers, employees, agents, or subcontractors are in any manner
officers, employees, agents or subcontractors of CITY.
4936-2161-9799 v I
Maintenance Contract $50k or More -3-
1212025 Form
11. NONASSIGNMENT. This AGREEMENT is not assignable either in whole
or in part by CONTRACTOR without the written consent of CITY.
12. INDEMNIFICATION. To the furthest extent permitted by law (including,
without limitation, Civil Code Section 2782), CONTRACTOR hereby agrees to and shall
hold CITY, its elective and appointive boards, officers, agents, employees, and volunteers,
harmless from any liability for damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may arise from CONTRACTOR's
negligent acts, errors or omissions under this AGREEMENT. CONTRACTOR agrees to,
and shall defend CITY and its elective and appointive boards, officers, agents, employees,
and volunteers from any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any of the aforesaid negligent acts, errors or omission;
provided
(a) That CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have by reason of the aforesaid hold -harmless AGREEMENT
because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in
this AGREEMENT.
(b) That the aforesaid hold -harmless AGREEMENT by CONTRACTOR shall
apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered, by reason of any of the aforesaid operations
of CONTRACTOR, or any subcontractor of CONTRACTOR, regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
(c) The provisions of this section do not apply to Claims occurring as a result
of the CITY's sole negligence or willful acts or omissions. In the event of
any dispute between CONTRACTOR and CITY, as to whether liability
arises from the sole or active negligence of the CITY or its officers,
employees, or agents, CONTRACTOR will be obligated to pay for CITY's
defense until such time as a final judgment has been entered adjudicating
the CITY as solely or actively negligent. CONTRACTOR will not be entitled
in the absence of such a determination to any reimbursement of defense
costs including but not limited to attorney's fees, expert fees, and costs of
litigation.
13. NON-DISCRIMINATION. CONTRACTOR shall not discriminate in its
recruiting, hiring, promotion, demotion or termination practices on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, martial status, sex, age, or sexual orientation in the performance of this
AGREEMENT and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all
amendments thereto; Executive Order 11246; and all administrative rules and regulations
issued pursuant to such acts and order.
14. PREVAILING WAGES. CONTRACTOR is aware of and agrees to abide
by the provisions of California Labor Code Sections 1720, et seq., as well as 1771, 1773,
4936-2161-9799 v
Maintenance Contract $50k or More -4-
12/2025 Form
1773.1, 1773.6, 1773.7, 1775 and 1776, pertaining to the obligation to pay prevailing
wages with respect to the performance of work as described in Paragraph 2 herein. Copies
of the prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work for each craft are available upon request from the CITY. A copy of the
prevailing rate of per diem wages shall be posted at the job site.
CONTRACTOR and its subcontractors must keep accurate certified payroll records
showing the name, occupation, and the actual per diem wages paid to each worker
employed in connection with this AGREEMENT. If requested by CITY, CONTRACTOR
must provide copies of the records at its cost.
15. UNAUTHORIZED ALIENS. CONTRACTOR hereby promises and agrees
to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA
1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized
aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for
the performance of work and/or services covered by this AGREEMENT, and should the
Federal Government impose sanctions against the CITY for such use of unauthorized
aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
such sanctions imposed, together with any and all costs, including attorney's fees,
incurred by the CITY in connection therewith.
16 WAIVER. Waiver by any party hereto of any term, condition, or covenant
of this AGREEMENT shall not constitute the waiver of any other term, condition or
covenant hereof.
17. ATTORNEY'S FEES. If litigation is reasonably required to enforce or
interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall
be entitled to an award of reasonable attorney's fees, in addition to any other relief to
which it may be entitled.
18. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
19. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are
cumulative and in addition to and not in limitation of any rights or remedies available to
CITY.
20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the
terms and provisions of this AGREEMENT have been negotiated and discussed between
the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT
regarding the same. Because of the nature of such negotiations and discussions it would
be inappropriate to deem any party to be the drafter of this AGREEMENT; and, therefore,
no presumption for or against validity or as to any interpretation hereof, based upon the
identity of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT.
21. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants
to each other party as follows:
4936-2161-9799 v 1
Maintenance Contract $50k or More -5-
12/2025 Form
(a) That each party either had the assistance of counsel or had counsel
available to it, in the negotiation for, and execution of, this AGREEMENT,
and all related documents; and,
(b) That each party has lawfully authorized the execution of this AGREEMENT.
22. MODIFICATION. This AGREEMENT shall not be modified except by
written agreement of the parties.
23. GOVERNING LAW. This AGREEMENT shall be interpreted and construed
according to the laws of the State of California.
24. NOTICE. Whenever it shall be necessary for either party to serve notice
on the other regarding this AGREEMENT, such notice must be furnished in writing by
either party to the other and shall be served by personal service as required in judicial
proceedings or by certified mail, postage prepaid, return receipt requested, addressed to
the parties as follows:
CITY:
CONTRACTOR:
City of Rosemead
8838 East Valley Boulevard
Rosemead CA 91770
Tel:
Email:
Tel: _
Email:
Notice will be deemed effective on the date personally delivered or transmitted by
facsimile. If the notice is mailed, notice will be deemed given three days after deposit of
the same in the custody of the United States Postal Service, postage prepaid, for first
class delivery, or upon delivery if using a major courier service with tracking capabilities.
Changes may be made in the names or addresses of persons to whom notices are to be
given by giving notice in the manner prescribed in this paragraph. Changes may be made
in the names or addresses of persons to whom notices are to be given by giving notice in
the manner prescribed in this paragraph.
25. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts shall
include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster,
nuclear accident, explosion war, terrorist attack, embargo, strike, lockout, riot, freight
embargo, public regulated utility, or government statutes or regulations superimposed
after the fact. Notwithstanding the foregoing, this provision shall only have effect if written
notice of the force majeure event is given by the party claiming such excuse for delay
within ten days of the commencement of such event.
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26. INSURANCE. CONTRACTOR shall not commence work under this
AGREEMENT until CONTRACTOR shall have obtained all insurance required by this
AGREEMENT and such insurance shall have been approved by CITY as to form, amount
and carrier, nor shall CONTRACTOR allow any subcontractor of CONTRACTOR to
commence work on any subcontract until all similar insurance required of the
subcontractor of CONTRACTOR shall have been so obtained and approved.
A. WORKERS' COMPENSATION INSURANCE. CONTRACTOR shall take
out and maintain, during the life of this contract, Workers' Compensation
Insurance and Employer's Liability Insurance for all of CONTRACTOR's
employees employed to perform the SERVICES as described section 2 of
the AGREEMENT; and, if any work is sublet, CONTRACTOR shall require
the subcontractor of CONTRACTOR similarly to provide Workers'
Compensation Insurance and Employers' Liability Insurance in accordance
with the laws of the State of California, Section 3700 for all of the latter's
employees, unless such employees are covered by the protection afforded
by CONTRACTOR. If any class of employees engaged in work under this
AGREEMENT is not protected under any Workers' Compensation law,
CONTRACTOR shall provide and shall cause each subcontractor of
CONTRACTOR to provide adequate insurance for the protection of
employees not otherwise protected. CONTRACTOR shall indemnify CITY
for any damage resulting to it from failure of either CONTRACTOR or any
subcontractor of CONTRACTOR to take out or maintain such insurance.
i. Workers Compensation Insurance in the amount of not less than
Statutory Limits set by the State of California.
ii. Employer's Liability Insurance in the amount of not less than ONE
MILLION DOLLAR ($1,000,000).
B. GENERAL LIABILITY AND AUTOMOBILE LIABILITY 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.
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ii. Automobile Liability Insurance. CONTRACTOR shall maintain
automobile insurance at least as broad as Insurance Services Office
form CA 00 01 covering bodily injury and property damage for all
activities of the CONTRACTOR arising out of or in connection with
work to be performed under this agreement, including coverage for
any owned, hired, non -owned, or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
C. PROOF OF INSURANCE. CONTRACTOR shall provide certificates of
insurance and required endorsements to CITY as evidence of
insurance coverage required herein. Insurance certificates and
endorsements must be approved by CITY prior to the commencement
of work. Current certification of insurance shall be kept on file with CITY
for the contract period and any additional length of time required
thereafter. CITY reserves the right to require complete, certified copies
of all required insurance policies, at any time.
D. NOTICE TO COMMENCE WORK. The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work
under this AGREEMENT until CONTRACTOR has provided to the
CITY Clerk the proof of insurance as required..
E. DURATION OF COVERAGE. CONTRACTOR shall procure and maintain for
the contract period, and any additional length of time required thereafter,
insurance against claims for injuries to persons or damages to property, or
financial loss which may arise from or in connection with the performance of
work hereunder by CONTRACTOR, their agents, representatives, employees,
or subcontractors.
F. PRIMARY/NONCONTRIBUTING. Coverage provided by CONTRACTOR shall
be primary and an insurance or self-insurance procured or maintained by CITY
shall not be required to contribute with it. The limits of insurance required herein
may be satisfied by a combination of primary and umbrella or excess
insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on primary and non-
contributory basis for the benefit of CITY before the CITY's own insurance or
self-insurance shall be called upon to protect it as named insured.
G. CITY'S RIGHTS OF ENFORCEMENT. In the event any policy of insurance
required under this agreement does not comply with these specifications or is
canceled and not replaced, CITY has the right but not the duty to obtain the
insurance it deems necessary, and any premium paid by CITY will be promptly
reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay
premium from CONTRACTOR'S payments. In the alternative, CITY may
cancel this agreement.
H. 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 policyholder's Rating of A-
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(or higher) and Financial Size Category Class VII (or larger) in accordance with
the latest edition of Best' Key Rating Guide, unless otherwise approved by the
Director of Human Resources & Risk Management.
WAIVER OF SUBROGATION. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
CITY, its elected or appointed officers, agents, officials, employees,
representatives and volunteers or shall specifically allow CONTRACTOR or
others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. CONTRACTOR hereby waives its
own right of recovery against CITY and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
J. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL).
CONTRACTOR acknowledges and agrees that any actual or alleged failure on
part of the CITY to inform CONTRACTOR of non-compliance with any
requirement imposes no additional obligations on the CITY nor does it waive
any rights hereunder.
K. REQUIREMENTS NOT LIMITING. Requirements of specific coverage features
or limits contained in this section are not intended as 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 CONTRACTOR maintains higher limits than the
minimums shown above, the CITY requires and shall be entitled to coverage
for the higher limits maintained by the CONTRACTOR. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the CITY.
L. NOTICE OF CANCELLATION. CONTRACTOR agrees to oblige its insurance
agent or broker and insurers to provide the CITY with a thirty (30) day notice
of cancellation (except for nonpayment for which a ten (10) day notice is
required) or nonrenewal of coverage for each required coverage. If any of the
CONTRACTOR'S insurers are unwilling to provide such notice, then
CONTRACTOR shall have the responsibility of notifying the CITY immediately
in the event of CONTRACTOR'S failure to renew any of the required insurance
coverages, or insurer's cancellation or nonrenewal.
M. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and
umbrella/excess liability insurance policies shall provide or be endorsed to
provide that CITY and its officers, officials, employees, agents,
representatives, and volunteers shall be additional insureds under such
policies.
N. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the
coverages required herein will be in compliance with these requirements if they
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include any limiting endorsement of any kind that has not been first submitted
to CITY and approved of in writing.
O. SEPARATION OF INSUREDS. A severability of interests provision must apply
for all additional insureds ensuring that CONTRACTOR'S insurance shall apply
separately to each insured again whom claim is made or suit is brough, except
with respect to the insurer's limits of liability. The policy(ies) shall not contain
any cross -liability exclusions.
P. PASS THOUGH CLAUSE. CONTRACTOR agrees to ensure that its
subcontractors, subcontractors, and any other party who is brough onto or
involved in the project/service by CONTRACTOR (hereinafter collectively
"subcontractor"), provide the same minimum insurance coverage and
endorsements 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.
However, in the event CONTRACTOR'S subcontractor cannot comply with this
requirement, which proof must be submitted to the CITY, CONTRACTOR shall
be required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure involved
with subcontractor's scope of work and services, with limits less than required
of the CONTRACTOR, but in all other terms consistent with the
CONTRACTOR's requirements under this agreement. This provision does not
relieve the CONTRACTOR' of its contractual obligations under the agreement
and/or limit its liability to the amount of insurance coverage provided by its
subcontractors. This provision is intended to solely provide CONTRACTOR
with the ability to utilize a subcontractor who may be otherwise qualified to
perform the work or services but may not carry the same insurance limits as
required of the CONTRACTOR under this agreement given the limited scope
of work or services provided by the subcontractor. CONTRACTOR agrees that
upon request, all agreements with subcontractors, and others engaged in this
project, will be submitted to CITY for review.
Q. CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to
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 and CONTRACTOR may renegotiate the
CONTRACTOR'S compensation.
R. SELF-INSURED RETENTIONS. Any self-insured retentions must be declared
to and approved by CITY. CITY reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible, or require proof
of ability to pay losses and related investigations, claim administrative, and
defense expenses within the retention through confirmation from the
underwriter.
S. TIMELY NOTICE OF CLAIMS. CONTRACTOR shall give CITY prompt and
timely notice of claims made or suits instituted that arise out of or result from
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CONTRACTOR'S performance under this agreement, and that involve or may
involve coverage under any of the required liability policies.
T. ADDITIONAL INSURANCE. CONTRACTOR shall also procure and maintain,
at this own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of
the work.
27. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE.
The Parties agree that this AGREEMENT may be signed and transmitted by electronic
mail by either/any or both/all Parties, and that such electronically transmitted signatures
or hard copy reproduction shall have the same force and effect as original signatures, in
accordance with California Government Code section 16.5 and Civil Code section 1633.7.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed on the date first above written by their respective officers duly authorized in that
behalf.
Signatures on next page
4936-2161-9799 v I
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CITY OF ROSEMEAD CONTRACTOR
[INSERT COMPANY NAME]
Tax Payer
Ben Kim, City Manager Date
Print N
ATTEST:
Ericka Hernandez, City Clerk Date
APPROVED AS TO FORM:
(President, VP)
Signature
Print Name:
Rachel Richman Date
City Attorney
(Treasurer, Secretary)
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Exhibit A
Scope of Work
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