Request for Qualification/Proposals (RFQ/P)
Wastewater Treatment Plant 3 Landscape Maintenance
Water Department Wastewater Division
Bakersfield, California
August 15, 2025
Contractors wishing to be considered for this project should thoroughly read this Request for Qualification/Proposals (RFQ/P). Information required to be provided in a Proposal package is detailed in Section V . Contractors submitting a Proposal package must do so in accordance with the requirements of Section VI. As required by section VIII, a signed copy of the enclosed sample agreement must be submitted with a Proposal package.
I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield (City) Wastewater Division is seeking a con tractor with substantial experience in the maintenance of public landscape improvements. The contractor will be responsible for maintaining the landscaped area at Wastewater Treatment Plant 3 (WWTP #3) for a one-year term, with the option to renew annually for up to three additional one-year periods under mutually agreeable terms.
All landscape maintenance work performed shall be subject to prevailing wages in accordance with the State of California Department of Industrial Relations. The Contractor must be registered as a Public Works Contractor with the Department of Industrial Relations and must maintain valid registration for the duration of the agreement.
Possession of a valid C-27 Contractor’s License is required. Contractors submitting a proposal shall possess a Qualified Applicators License through the Kern County Agricultural Commissioner’s office at the time of receiving proposals.
A site visit to tour the facility in person can be arranged upon request during normal operating hours from August 25th to 29th. (Please see contact information under Section IX).
II. SERVICES TO BE PROVIDED BY THE CONTRACTOR (SCOPE OF WORK) The Contractor shall have a professional staff to provide all the services necessary for the project as defined in Sections I (General), and II (Scope of Work). The Contractor shall have the staff and resources required to complete the tasks as defined in Sections I and II of this RF Q/P and at the location shown in “Landscape Locations” (Attachment RFQ/P-5) within the stated time schedule. When needed for the Scope of Work, the Contractor shall coordinate with other contractors which operate in WWTP #3
A. General
1. In general, the Contractor shall construct, maintain, repair, install, or subcontract the development of landscape systems and facilities for WWTP #3 which is designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure , tract, or plot of land. In connection therewith, the Contractor shall prepare and grade plots and areas of land for the installation of any architectural, horticultural and decorative treatment or arrangement.
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2. All waste and debris generated from landscaping maintenance activities shall be disposed of either at the City of Bakersfield’s Green Waste Facility or off - site as determined by the Contractor.
3. The Contractor shall apply proper and necessary fertilizer.
4. The City shall be responsible for the payment of water and electric utilities for the project. However, the Contractor shall adjust water application to compensate for seasonal conditions.
5. The Contractor shall provide all labor, materials and equipment to perform work and maintenance during the contract period, as specified herein.
6. Contractor shall perform a review of the landsc ape with designated Wastewater Staff every two months. Inefficiencies shall be documented and corrected by the Contractor. Consistent discovery of inefficiencies may lead to termination of the Contractor’s agreement.
B. Trees
1. The purpose of staking trees is to support and protect young trees until they can stand alone . All tree stakes and ties shall be maintained to properly support the tree.
2. Stakes and ties shall be inspected, at minimum, once every 60 days to prevent rubbing or chafing of trunks and branches, which may cause bark wounds.
Stakes should not remain on trees for longer than a one-year period.
3. All trees shall be pruned to allow the trees to grow to their natural genetic form and size. All trees shall be pruned to promote structural strength and to accentuate the natural form and features of the tree. Pruning must be carried out to permit unobstructed passage to pedestrian and motor vehicles, as well as prevent sight restrictions.
4. Stripping of lower branches or “raising up ,” of young tress shall not be permitted. Lower branches should be cut off only after the tree is able to stand erect without staking or other support.
5. Thinning of certain species and individual specimens may be required to prevent wind damage. Suckers, water sprouts, rubbing and heavily laden branches shall be removed to provide less wind resistance.
6. All trees shall be o bserved for sign s of nutrient deficiencies and treated to correct deficiencies throughout the year.
7. Contractor shall be responsible for tree maintenance up to 10 feet of height.
Any tree maintenance required above 10 feet of height shall not be the Contractor’s responsibility under this agreement.
C. Shrubs
1. Shrubs shall be pruned to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or damaged
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growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.
2. Shrubs must be trimmed as needed to permit unobstructed passage to vehicles and pedestrians. Trimming near vehicular entry or exits shall be carried out to prevent sight restrictions. Shrubs and groundcover must be trimmed 4 inches from the sidewalk and curb.
3. Shrubs shall be pruned to conform to the design concept of the landscape.
Individual shrubs shall not be clipped into balled or boxed form, except where specifically instructed.
4. All shrubs and plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of Wastewater Staff and properly identified prior to treatment.
D. Ground Cover
1. Established ground cover bordering sidewalks or curbs shall be edged as often as necessary to prevent encroachment. Ground cover may not grow out past the perimeter fences
2. Ground covers shall not be allowed to touch or cover the crown of shrubs and trees.
3. Some ground cover may require cutting back to remove woody growth and promote vigor. This shall be performed at the direction of Wastewater Staff.
E. Turf Areas
1. Lawns shall be mowed weekly on the same weekday.
2. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species.
3. Excessive grass clippings shall be collected and disposed of off-site. Sidewalks and street shall be clean of clippings.
4. All lawn edges along sidewalks and curbs shall be edged before each mowing during the active growth season and as required for appearance for the remainder of the year.
5. Care shall be taken to insure that bark of trees and shrubs are not damag ed or stripped by line trimmer.
6. Proper fertilization of the lawn should be completed on a yearly schedule to insure healthy appearance. Maintain a fertilization log for Wastewater Staff to review.
F. Debris Removal
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1. Litter and trash shall be removed from all areas on a weekly basis.
2. Hardscape (sidewalks, patios, driveways, etc.) shall be swept or blown free of debris weekly.
G. Irrigation
1. Contractor shall maintain a log of current sprinkler station time. A copy of the log shall be given to the Wastewater Staff every two months. The log shall include, but not limited to:
a. Controller and station locations
b. Scheduled days to run
c. Start times
d. Each Station’s run time and end time
e. Contractor’s employee initial and date
f. Report and flag all water leaks and/or system malfunction
2. The irrigation shall be operated at an appropriate seasonal schedule, using the least amount of water necessary to maintain the growth, health, and vigor of all landscape plant material.
3. Irrigation controllers shall be re-programmed at a minimum of once a month in order to match plant material water needs to the irrigation applied. Adjust controllers per current California Irrigation Management Information System (CIMIS) current version. Irrigation shall be scheduled during the night or early morning.
4. When a sufficient amount of rainfall has occurred, Contractor will turn off the irrigation system until it is necessary to water again.
H. Weed Control
1. All areas indicated on “Landscape Overview and Locations” (Attachment RFQ/P-5) shall be kept free of weeds as well as “Additional Weed Control Area” (Attachment RFQ/P-6). Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.
2. Contractor shall be responsible for providing their herbicides, chemicals, and equipment for weed control. Before applying herbicides, the type of weed shall be identified and the control selection, accordingly, using the most efficient control for the species, the location and the season. Wastewater Staff shall be provided with the labeling (SDS) for each herbicide proposed before the product is applied.
3. Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control.
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4. Before weeds exceed two (2) inches in height, they shall be removed and disposed of off-site.
5. Serious weeds pests (i.e. blackberry, nut sedge or bind weeds) shall be spot sprayed with a non -selective post -emergent herbicide as specified by a weed abatement company, and left in place for (7) seven days. Areas sprayed shall remain unwatered for a minimum of forty-eight (48) hours.
6. Dead weeds shall be removed seven (7) days after application and disposed of off-site.
7. Apply pesticides to abate weeds and pests. All chemical applications must be per state licensed advisors and applications.
8. In addition to the items above the following will also apply to the Solar Field Area as seen in (Attachment RFQ/P-6):
a. No mechanical means may be used for the area to control weeds. b. Litter and trash, including leaves, rubbish, and tumbleweeds shall be removed from area on a weekly basis.
I. Tumbleweed Removal and Disposal
1. All areas indicated on “ Tumbleweed Removal Locations” (Attachment RFQ/P-7) shall be kept free of tumbleweeds.
2. All collected tumbleweeds shall be properly dispo sed off-site at the discretion of the Contractor.
J. Additional Repair and maintenance
1. The contractor shall construct, maintain, repair, and install all landscape systems to improve the grounds at and around the WWTP #3 ; this includes but is not limited to sprinklers, valves, irrigation pipes, irrigation controllers, etc.
2. Contractor is required to maintain and repair all landscape systems on the property.
3. Contractor shall maintain a reasonable inventory of commonly required repair parts on their service vehicle to facilitate prompt landscape repairs.
4. Repairs shall be made with the same brand, make, and model of component. When Contractor repairs are made using alternative brand, make, or models of the components the City Staff must first approve before installation. Repairs shall always maintain the system efficiency or enhance the efficiency for the better.
III. TIME SCHEDULE
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Work is t o begin u pon adoption of an agreement between the City and the successful Contractor and be carried out as described in the scope of work. The anticipated City Council award date is October 8, 2025.
IV. FEE PROPOSAL
All contractors shall submit a fee proposal based on the Scope of Work described in this RFQ/P. The fee proposal must include a filled out and signed copy of “Proposal Form” (Attachment RFQ/P-4).
The City is also requesting a n “Hourly Rate sheet ” for Additional Repairs and Maintenance.
Request for payment of services shall be billed to the City on a monthly basis.
V. SUBMITTAL OF FEE PROPOSAL
Contractors responding to this RF Q/P must include the following items in their submittal package:
A. One copy of the completed “General Information Sheet” (Attachment RFQ/P-1) signed by a company official; and
B. One signed copy of the Draft Independent Contractor ’s Agreement for this project (refer to Section VIII, “CONTRACT DOCUMENTS”, of this RFQ/P).
C. One copy of “Proposal Form” (Attachment RF Q/P-) filled out, signed, and in its own sealed envelope labeled: “Fee Proposal”.
D. One copy of “ Hourly Rate Sheet” for Additional Repairs and Maintenance as requested in (Attachment RFQ/P 4).
The submittal items must be placed into a sealed envelope bearing PROPOSER’ s name and the words
Proposal for Landscape Maintenance Contract
Wastewater Treatment Plant 3
Bakersfield, California
Before 3:00 p.m. on Friday, September 12, 2025, the submittal package must be delivered to:
Jesus Banuelos, Engineer II
Water Department Wastewater Division
6901 McCutchen Road
Bakersfield, California, 93313
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer’s responsibility to meet the deadline stated above.
Submittals which do not conta in the required documents and all the i nformation requested in this RF Q/P may be considered non -responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non-responsive. Fax copies will not be accepted.
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VI. SELECTION OF CONTRACTOR
The Contractor shall have qualified professional staff and necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFQ/P.
Selection process will be based on the City’s evaluation of the Proposer’s fees listed on the Proposal Form. The City will award a contract to one Proposer after reviewing all the Proposer’s proposal forms.
The submission of a proposal shall be conclusive evidence that the Proposer and its subcontractors have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.
VII. SOLICITATION CAVEAT
The PROPOSER and its subcon tractors understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subcontractors in responding to this Request for Proposals and shall not be liable for any PROPOSER or its subcon tractors costs attributed to their own study and investigation or design of a specific project until Proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed.
The City of Bakersfield reserves the right to terminate this Request for Proposals after three (3) days’ notice to all prospective Proposers.
VIII. CONTRACT DOCUMENTS
A sample copy of the City’s INDEPENDENT CONTRACTOR'S AGREEMENT is included as Attachment RFQ/P-2. Please review the agreement carefully. This is the contract the Contractor will be expected to execute without alteration. An officer of PROPOSER must sign and return this sample contract with his submittal. The signature indicates that PROPOSER accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement. That indemnity clause reads as follows:
“CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.” An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. PROPOSER must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if
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our firm is selected for awarding a contract for the p roject as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
The City will not approve any Proposer’s requested modifications to the insurance clause nor the indemnity clause of this contract. Failure to execute the contract without alteration may result in the rejection of the C ontractor’s proposal and retaining of a different contractor by the City.
At the time of c ontract execution, the Contractor will be required to provide evidence of insurance coverage (Certificate of Insurance) as specified in the contract.
IX. CONTACTS AT THE CITY OF BAKERSFIELD
Contractors wanting to schedule a site visit must call or email the contact listed below. The date must be within the week of August 25 - August 29 during hours of operation 7:00 am – 4:00 pm. All questions concerning the project, the submittal of a proposal, the City’s review and evaluation of the proposals, and the City’s selection of a contractor for this project should be directed to:
Jesus Banuelos, Engineer II
Water Department
City of Bakersfield
6901 McCutchen Road
Bakersfield, CA 93313
Phone: 661-326-3723
Email: [email protected]
X. ATTACHMENTS TO THIS RFQ/P
The following documents are attachments to this RFQ/P:
Attachment RFQ/P -1 -- General Information Sheet
Attachment RFQ/P -2 -- Sample Agreement
Attachment RFQ/P -3 -- Request for Information Form
Attachment RFQ/P -4 -- Proposal Form
Attachment RFQ/P -5 -- Landscape Overview and Locations Attachment RFQ/P -6 -- Additional Weed Control Area
Attachment RFQ/P -7 -- Tumbleweed Removal Locations
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Attachment RFQ/P-1 -- General Information
Sheet
Wastewater Treatment Plant 3 Landscape Maintenance
Water Department Wastewater Division
Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated:
____________________________
Federal Employer I.D. Number: __________________________________________________ Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ Contact Person: __________________________________________________________ Name
__________________________________________________________ Phone Number
__________________________________________________________ E-Mail
____________________________________________________________________________ Name of Principal-in-charge Title License Number
___________________________________________________________________________ Signature of an officer of the firm Title Date
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Attachment RFQ/P-2 - Sample Agreement
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”): [choose one]
(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or
(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that
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invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no c ase will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on _________________ [Date].
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities r elating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience
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performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
1.1 Types and Limits of Insurance. In addition to any other insurance or
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security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2. Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1. Provide contractual liability coverage for the terms of this Agreement;
16.1.2.2. Provide products and completed operations
coverage;
16.1.2.3. Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4. Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
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 I will comply with such
provisions before commencing the performance of
the work of this contract.
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By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
2.1 General Provisions Applying to All Insurance Types.
16.2.1. All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the po licy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
16.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
16.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A- :VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
16.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
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Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial trib unals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
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20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County,
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California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: ____________________________
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD
By:________________________________ By:_________________________________
KAREN GOH
Mayor Print Name:
Title:
[Signatures on Following Page]
APPROVED AS TO CONTENT:
CITY DEPARTMENT NAME
By:_______________________________
DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
DO NOT HAVE STAND ALONE SIGNATURE PAGE
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Attachment RFQ/P-3 - Request for Information Form
Request for Information Form – RFQ/P WWTP #3 Landscape Maintenance for the Wastewater Division,
Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Jesus Banuelos, Engineer II
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.
Date Submitted: Submitted by: Consultant:
Contact Person:
Address:
Telephone Number:
Facsimile Number:
QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date: ___
Addendum Required: YES___________ NO ______________
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Attachment RFQ/P-4 -- Proposal Form
TO BE COMPLETED BY OFFEROR AND INCLUDED IN PROPOSAL
TO: CITY OF BAKERSFIELD
RE: WASTEWATER TREATMENT PLANT 3 LANDSCAPE MAINTENANCE
Term of Contract: The Agreement shall be in place for one (1) year from the effective date of the Agreement and can be extended at the City’s option and under mutually agreeable terms for three (3) additional one-year periods.
Having carefully examined the Request for Proposals, attachments and related documents, the undersigned proposes and agrees to provide to the City of Bakersfield in accordance with this RF Q/P and sample Contract for Wastewater Treatment Plant 3 Landscape Maintenance, Contractor submits the following proposal:
Section II, Item “A” through “D”: General Landscape Maintenance Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “E” through “H”: Weekly Services
Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “I”: Tumbleweed Removal and Disposal
Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “J”: Repairs and Maintenance
Provide your hourly rate sheet for personnel and equipment.
TOTAL CONTRACT
Amount per year for Items “A” through “I” $_________________
The PROPOSER shall submit prices for the Proposal. The criteria set forth in Section V I “SELECTION OF CONTRATOR” of this RFQ/P shall be used to determine the award of the contract.
___________________________________________________________________ Name of Firm, or Corporation
___________________________________________________________________ Signature of Offeror’s Authorized Representative
___________________________________________________________________ Name & Title of Authorized Representative
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Attachment RFQ/P-5 - Landscape Overview and
Locations
Landscape locations include all areas within and around WWTP #3, landscape berm (about 8 ,900 feet), all landscape around administration , operation, and maintenance buildings, all of the planters around administration and operation building, landscape area next to the McCutchen Road entrance, landscape along McCutchen and Gosford Road, all landscape areas within WWTP #3 bordering the sports complex, and all items described in Section I and II of this RFQ/P.
See highlighted map as a reference on next page, continuation of RFQ/P-5.