CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Approving a Contract Services Agreement for Citywide Landscape Maintenance Services
MEETING DATE:June 9, 2025
RECOMMENDATION: It is staff’s recommendation that the City Council:
1. Select a landscape maintenance services company to perform citywide landscape maintenance services; and
2. Authorize the City Manager to enter into an agreement with the selected landscape services company, in a form approved by the City Attorney.
BACKGROUND/DISCUSSION:
The Public Works Department is responsible for the oversight and maintenance of green spaces and landscaped parkways, medians, and city-operated facilities. The landscape maintenance program encompasses a range of services, including routine maintenance, irrigation system inspections, weed control and abatement, turf and ground cover maintenance and any other landscape-related work. These services are currently provided by a private landscape maintenance contractor.
On February 13, 2025, the City released a Request for Proposals (“RFP”) inviting service providers to submit proposals to provide landscape maintenance services within the City’s right-of-way and facilities, excluding the Bell Gardens Sports Complex and Golf Course since these are maintained under site-specific contracts. Additionally, Public Works staff sent the RFP directly to nine (9) eligible service providers within the region.
On March 5, 2025, the City issued Addendum No. 1 to respond to proposers’ questions and include a sample Contract Services Agreement. On March 14, 2025, the City issued Addendum No. 2 to respond to further questions, require a mandatory pre-proposal meeting, and extend the proposal submittal deadline to April 10, 2025. On March 24, 2025, Addendum No. 3 was released to provide further details on the locations of work.
On April 4, 2025, Addendum No. 4 was released to respond to proposers’ questions and
clarify irrigation specifications. On April 9, 2025, Addendum No. 5 was released to extend the deadline to April 15, include a revised Acknowledgement of the City’s Standard Form of Agreement, and respond to the last round of questions from proposers.
On April 15, 2025, the City received proposals from eight (8) proposers as listed below in alphabetical order:
Greenfield Landscaping & Maintenance, Inc.
Greentech Landscape, Inc.
JAS Landscape
Mariposa Landscapes, Inc.
Master Landscape & Maintenance, Inc.
Orozco Landscape and Tree Company
SLA, Inc.
Southern California Tree and Landscape, Inc.
The proposals were reviewed and rated based on their completeness in response to the following evaluation criteria outlined in the RFP:
Experience in providing similar services with other public agencies Proposed staff experience with services requested in the RFP Understanding of the work to be performed
References
Fee proposal
During the evaluation, it was determined that proposals submitted by JAS Landscape and Southern California Tree and Landscape, Inc. were nonresponsive since both proposers failed to attend the mandatory pre-proposal meeting.
On April 29, 2025, a panel consisting of Public Works and Recreation and Community Services staff conducted interviews with all responsive proposers to further assess their qualifications. The table below illustrates the rank and scores of the proposers after interviews, from the highest ranked to the lowest ranked proposer:
Rank Firm Name Score
1 Mariposa Landscapes, Inc. 92
2 Greentech Landscape, Inc. 87
3 Master Landscape & Maintenance, Inc. 83
4 Greenfield Landscaping & Maintenance, Inc. 74
5 SLA, Inc. 72
6 Orozco Landscape and Tree Company 69
N/A JAS Landscape NONRESPONSIVE
N/A Southern California Tree and Landscape, Inc NONRESPONSIVE
Although contracts for maintenance services need not be awarded to the lowest responsible bidder, cost may be considered as a factor. The table below illustrates a comparison of the costs provided by the responsive proposers for up to three (3) years,
from the highest ranked to the lowest ranked proposer:
Rank Firm Name Year 1 Year 2 Year 3
1 Mariposa Landscape,
Inc. $194,568.00 $194,568.00 $194,568.00
2 Greentech
Landscape, Inc. $176,700.00 $176,700.00 $176,700.00
3 Master Landscape &
Maintenance, Inc. $307,764.00 $317,088.00 $326,664.00
4 Greenfield
Landscaping &
Maintenance, Inc.
$490,260.00 $490,260.00 $490,260.00
5 SLA, Inc. $130,800.00 $130,800.00 $130,800.00
6 Orozco Landscape
and Tree Company $450,982.56 $450,982.56 $450,982.56
In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider. Mariposa Landscapes, Inc. received the highest score and SLA, Inc. has the lowest cost.
CONCLUSION:
Following a thorough review of proposals and interviews of proposers, staff requests City Council’s direction to select a maintenance service provider for citywide landscape maintenance and to authorize the City Manager to execute a Contract Services Agreement, effective July 1, 2025, subject to City Attorney approval as to form.
FISCAL IMPACT:
The City’s FY 2025-2026 budget includes $125,000 in General Funds for landscape maintenance services.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A CONTRACT SERVICES
AGREEMENT FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES
WHEREAS, the City of Bell Gardens (“City”) is responsible for the oversight and maintenance of green spaces and landscaped parkways, medians, and city-operated facilities; and
WHEREAS, as part of its maintenance operations, the City addresses its landscape maintenance services through a Contract Services Agreement; and WHEREAS, in accordance with Bell Gardens Municipal Code (“BGMC”) Section 3.04.105, on February 13, 2025, the City released a Request for Proposals for Citywide Landscape Maintenance Services (“RFP”); and
WHEREAS, on April 15, 2025, the City received proposals from eight (8) landscaping firms; and
WHEREAS, a comprehensive review of proposals was conducted by City staff in accordance with the evaluation criteria specified in the RFP; and WHEREAS, following the initial proposal review, interviews were conducted on April 29, 2025, to further assess each firm’s suitability and qualifications; and WHEREAS, the responsive and qualified proposers were ranked based on their demonstrated understanding, competence, and qualifications for the type of services required in the RFP; and
WHEREAS, the City desires to enter into a Contract Services Agreement for Citywide Landscape Maintenance Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council hereby approves a Contract Services Agreement for Citywide Landscape Maintenance Services in a form approved by the City Attorney.
Resolution No. 2025-55
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SECTION 3. The City Council further authorizes the City Manager to execute the Contract Services agreement consistent with this resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 9th day of June, 2025.
THE CITY OF BELL GARDENS
_____________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2025-55
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I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on June 9, 2025, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
1 2025
CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 5 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and _________________ (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, CITY requires qualified and experienced ______________________; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of ___________________.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
SECTION 1. SCOPE OF WORK.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY ________________________. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “ ________________________” (hereinafter the “CITY RFP”) dated ______________, and the written proposal of CONTRACTOR entitled “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).
The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the c onflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the
2 provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the co nditions of the location prior to commencing any of the Work requested by CITY . Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
SECTION 2. TERM.
A. This Agreement shall have a term of ____ (__) years commencing from the Effective Date through ________________ (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or
3 damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
SECTION 3. PROSECUTION OF WORK.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt o f any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
SECTION 4. COMPENSATION.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.
B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of ____________________ ($_______) (hereinafter, the
4 “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not- to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTR ACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indic ate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty -five (45) calendar days of receipt of e ach invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
SECTION 5. STANDARD OF CARE.
A. CONTRACTOR represents, acknowledges and agrees as follows:
1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;
3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq .). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;
5 5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;
7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tas ks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throug hout the term of this Agreement; and
8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s emp loyees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars d ays from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative’s sole and absolute discretion.
B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immedia tely upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowl edge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has r elied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
6 SECTION 6. REPRESENTATIVES.
A. City Representative . For the purposes of this Agreement, the contract administrator and CITY’s representative shall be _________________ (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by C ITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative . For the purposes of this Agreement, ____________________, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
The Contractor’s Representative shall supervise and direc t the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement . All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable pen alties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, asse ssed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7 E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Proje ct by the CONTRACTOR at the request of the CITY.
SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the ex ecution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in
8 which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard , which copies shall be made available to any interested party on request.
CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agr eements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certi ficate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 17 77.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also
9 be subject to California Labor Code Section 1777.1.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity u nder the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evi dence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applica ble state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
SECTION 10. PROHIBITED INTERESTS . CONTRACTOR warrants, represents and maintains 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 and represents 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 makin g of this Agreement.
10 For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her servi ce with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfi llment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any
11 contention by any third party that an employer -employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplat ed by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition , genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. C ode, Section 129 00 et seq.) . The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective ba rgaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
SECTION. 14. INDEMNIFICATION.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or o mission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, re sulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity
12 provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover unde r this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall b e selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losse s and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any an d all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold
13 harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. 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 One Million Dollars ($1,000,000) per occurrence, Four Million Dollars ($4,000,000) 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.
2. 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 Five Million Dollars ($5,000,000) combined single limit for each accident.
3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Mill ion Dollars ($1,000,000)).
4. Umbrella or excess liability insurance . CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. 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 reason, other than bankruptcy or insolvency of said primary insurer;
14 b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self -insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or
15 volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY , its officials, officers, employees, agents and volunteers . CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 14 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance 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 payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SECTION 16. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
SECTION 17. TERMINATION.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause . In the event either Party fails to perform any duty,
16 obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligate d to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event o f Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant a dditional time for the cure of an
17 Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver o f a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CO NTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY s hall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Part y any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any o ther remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
18 i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, bene fit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or
19 (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
___________________
___________________
___________________
Attn: _______________
Phone: _____________
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
SECTION 22. ENTIRE AGREEMENT . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreemen t and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, th e remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect
20 upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS, a municipal
corporation
By:
Michael B. O’Kelly
City Manager
Date:
_________________
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
22 EXHIBIT “A”
CITY RFP
23 EXHIBIT “B”
CONTRACTOR PROPOSAL
REQUEST FOR PROPOSALS
FOR
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
RFP Release Date
Thursday, February 13, 2025
Proposal Submittal Deadline
5:00 p.m., Thursday, March 27, 2025
Contact Person:
Bernardo Iniguez, Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
[email protected]
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org
I. BACKGROUND AND GENERAL INFORMATION ...........................................................3
II. SUBMITTAL PROCEDURES/DEADLINE ........................................................................3
III. SCHEDULE ......................................................................................................................4
IV. DEFINITIONS, TERMS, AND CONDITIONS ...................................................................5
V. SCOPE OF WORK .................................................. ………………………………………. 9
VI. EVALUATION CRITERIA .............................................................................................. .17
VII. ATTACHMENTS:
Attachment A – Proposal Price Sheet
Attachment B – Acknowledgement of City’s Standard Form of Agreement Attachment C – Sample Contract Services Agreement
TABLE OF CONTENTS
3 The City of Bell Gardens (“City”) was incorporated on August 1, 1961, as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at-large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing Cit y affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles-Long Beach metropolitan area.
The City’s departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department. The Public Works Department consists of various divisions, including Administration, Street Maintenance, Parks and Facilities Maintenance, Utilities and Contracts, Transportation Services, the City Water System, and Solid Waste Management.
The Public Works department is responsible for the oversight and maintenance of green spaces and landscaped parkways, medians, and city-operated facilities. Additionally, the City has a network of irrigation systems in operation to promote the health of na tural vegetation, including grass, trees, and other plants, that is open and accessible to the public. It is the City’s goal to ensure the survivability of existing and future landscapes, preserve the City’s local ecosystems and prevent air, water, and soil pollution.
The City is seeking proposals from qualified Contractors with proven expertise to provide professional landscape maintenance services, including maintenance. The City currently contracts these landscape services to a private firm and is seeking to re -evaluate costs and qualifications. Please review this Request for Proposals for Citywide Landscape Maintenance Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.
It is the intent of the City to select a single Contractor to provide the requested professional Citywide Landscape Maintenance Services; however, the City reserves the right to select one or more Contractors to provide professional Citywide Landscape Maintenance Services either through this RFP or through subsequent solicitations . the City reserves the right to accept or reject any or all proposals received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error, or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it would be awarded to the consultant that presents an optimal balance of relevant experience, cost, quality of service, work history, and other factors which the City may consider relevant and important in determining which proposal is best for the City.
I. BACKGROUND AND GENERAL INFORMATION
4 Additionally, the City may, for any reason, decide to cancel the award of any agreement based on this RFP. The City reserves the right to cancel this RFP. There is no City obligation to respond to any responses submitted, nor would the City be legally boun d in any manner by the submission of the response. The City reserves the right to negotiate services and associated costs.
The term of the Agreement will be for three (3) years with up to two (2) optional one -year extensions.
An electronic version of the proposal shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Thursday, March 27, 2025. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 5:00 p.m. on Thursday, March 27, 2025, to the City Clerk’s Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “ City of Bell Gardens Proposal for Citywide Landscape Maintenance Services Proposal.” If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with “City of Bell Gardens Proposal for Citywide Landscape Maintenance Services” written below the address label and addressed as follows:
City Clerk’s Office
Attention: Daisy Gomez, City Clerk
Citywide Landscape Maintenance Services RFP Proposal
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez , Director of Public Works/Facilities, at [email protected]. The deadline for written questions and inquiries is Monday, March 10, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.
All times posted in pacific standard time (PST).
The tentative schedule for this RFP is as follows:
II. SUBMITTAL PROCEDURES/DEADLINE
III. SCHEDULE
5 Release of RFP Thursday, February 13, 2025
Deadline for Questions Monday, March 10, 2025 at 5:00 p.m.
Proposal Due Date Thursday, March 27, 2025 at 5:00 p.m.
Proposer Interviews (if necessary) Tuesday, April 8, 2025 **City Council Recommendation of Award Monday, April 28, 2025
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids.
** Proposer must be available on Monday, April 28 , 2025, in -person or virtually, for a possible presentation to the City Council.
1. Definitions: To simplify and clarify the language throughout this R FP, the following definitions shall apply:
A. City Council: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
B. Contract Services Agreement : An agreement between the City and the selected Contractor to furnish professional services over a designated period.
C. Contractor: The bidder, contractor, vendor, firm, company, Proposer, organization, or individual offering a proposal in response to this RFP.
D. Proposer or Proposer’s Representative : All of the Proposer's employees, officers, directors, Contractors and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
2. Proposal General Terms and Conditions:
A. RFP General Conditions
Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.
Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed. Incomplete proposals IV. DEFINITIONS, TERMS, AND CONDITIONS
6 may be considered non -responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent Contract Services Agreement that may arise from this RFP.
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP.
Following the Proposal Submission Deadline, the City, pursuant to the California Pub lic Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any inform ation contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as busines s or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.
B. Proposal Validity
A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal.
All proposals, with associated costs, shall be considered valid and binding on the Proposer for a period of ninety (90) days after the proposal due date.
C. Electronic Documents
Proposers may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Proposer agrees not to edit or change the language or format of these documents . Submission of a proposal by a Proposer signifies full agreement with this requirement.
7 D. Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Proposer must ensure that the proposal is delivered. Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.
Receipt of an addendum of the RFP by a Proposer must be acknowledged by submitting the signed addendum with the proposal.
E. Alterations
Proposal documents cannot be physically altered or amended after the closing date .
Alterations made before closing must be initialed by the Proposer to guarantee authenticity.
Proposals may not be withdrawn after the proposal closing date, and each Proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a Contract Services Agreement is awarded as further described below.
F. City Representative and Communication
The Director of Public Works/Facilities is the designated “City Representative” for this RFP.
Proposers must only communicate with the City Representative during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the City Representative, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the City Representative as follows:
City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
Email: [email protected]
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Contractor outside of the communication procedures established in th is RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.
Proposers and Proposer’s Representatives may not communicate with the City Council members about this RFP. In addition, Proposer and Proposer’s Representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Contract Services Agreement Award. However, Proposer and Proposer Representatives are not prohibite d from making oral statements or
8 presentations in public to one or more representatives of the City during a public meeting.
G. Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of a Contract Services Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, the award will be to the Contractor or Contractors who in the judgment of the City have pre sented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposals are best for the City.
Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. T he City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award a Contract Services Agreement.
By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
H. Reimbursements
Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for c ontract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded a Contract Services Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer’s participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
I. Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
J. Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.
K. Negotiations
Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected . All Proposers reasonably susceptible of being
9 selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Contract Services Agreement , the City reserves the right to negotiate a Contract Services Agreement with more than one Contractor.
L. Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Contractors. The City also reserves the right to investigate the qualifications of the proposed Contractor(s) as it deems appropriate.
M. Award of Contract Services Agreement
Upon conclusion of the RFP process, the Staff will recommend a proposer to the City Council.
The successful Proposer will be required to enter into a Contract Services Agreement with the City. A copy of the City’s Contract Services Agreement is attached and incorporated as Attachment “C” as a sample for proposers to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law.
Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work. The sample Professional Service Agreement (Attachment “C”) is not to be completed by proposers.
3. Records and Audits
The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract Services Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non -federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the City. (24 CFR Part 84, Sec. 84.53)
4. Labor Compliance
The selected Contractor will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under the Contract Services Agreement awarded as a result of this RFP, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.
5. Contractor Dress Code, Appearance, and Equipment
The selected Contractor shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be worn at all times and shall be buttoned and tucked in. The Contractor’s employees shall have shirts with the Contractor’s company logo or wear
10 Contractor-issued identification cards at all times while performing work on behalf of the City.
No caps with insignias or designs other than the Contractor’s logo may be worn and no caps shall be worn backwards. The Contractor shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP.
This request for proposals is for professional citywide landscape maintenance services in the City of Bell Gardens. These specifications are intended to cover all labor, material, and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for or reasonably implied by terms of same. Work or arterials of a minor nature which may not be specifically mentioned, but which may reasonably be assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.
1.0 GENERAL PROVISIONS
The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of City of Bell Gardens’ rights - of-way and parkways. The Contractor understands and agrees by ent ering into the agreement with the City of Bell Gardens. Only the City Representative or their designee, shall be responsible for interpreting the specifications and the quality of work specified herein.
Should the Contractor fail to provide the City with the level of service specified, City Representative or their designee shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein.
The City reserves the right to make additions, deletions, revisions, or otherwise modify the Contract Services Agreement Scope of Work . Changes in areas to be maintained may be made as the City accepts new areas and/or relinquishes control of currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a Task Order. Costs to add/delete landscape maintenance areas shall be limited to original rates or extra work prices. The City reserves the right to delete any site from the contract services agreement upon 30 days written notice.
ROUTINE MAINTENANCE
Each morning at the start of the workday the Contractor’s Supervisor or their designee shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the City Representative or their designee.
The Contractor shall furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to the following:
V. SCOPE OF WORK
11 a) Weeding, cultivating, and brush control both mechanically and with chemicals. b) Fertilizing.
c) Shrub and groundcover trimming and pruning.
d) Irrigation programming, monitoring, maintenance and repair. e) General pesticide management includes, but not limited to, rodent, insect and disease control.
f) Mowing, verticutting, and aerifying.
g) Raking and dethatching.
h) General litter control, refuse removal, removal of debris and grounds policing i) Hardscape cleaning.
j) Contractor shall also be responsible for any damages due to personnel and/or equipment (i.e. should a mower damage a fence).
Vehicles must be parked within designated areas or in such a location that will ensure normal and safe vehicular traffic and pedestrian access.
The Contractor shall perform all work between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday (excluding City observed holidays) for all areas. Work performed outside of this period shall only be done with prior approval of the City Representative or their designee.
Contractor shall adjust their schedule as necessary to ensure all work and locations are completed during the week in which a holiday falls.
The Contractor shall maintain the landscape areas and rights-of-way listed below:
• Bell Gardens Veterans Park located at 6662 Loveland St, Bell Gardens, CA 90201 • John Anson Ford Park at 8000 Park Lane, Bell Gardens, CA 90201 • Clara Street right-of-way
• Eastern Avenue from northerly City limits to southerly City limits • Entry Islands/ Areas located on:
o Clara Street Bridge at 710 Fwy
o Florence Avenue and Eastern Avenue
o Florence Avenue and Scout Avenue
o Gage Bridge at 710 Fwy
o Garfield Avenue and Eastern Avenue
o Suva Street and Scout Avenue
o Watcher Street and Eastern Avenue
• Florence Avenue from easterly City limits to westerly City limits • Gage Avenue: Medians east and west of Garfield Avenue, and Southern California Edison’s right-of-way.
• Garfield Avenue from northerly City limits to southerly City limits • Parking Areas along Eastern Avenue
• Woodworth House located at 6820 Bell Ave, Bell Gardens, CA 90201 • Water Well located at 6840 Gage Avenue, Bell Gardens, CA 90201
Contractor’s must submit pricing proposal following the Price Sheet identified in Attachment “A” of this RFP. Contractor hereby acknowledges that before submitting this solicitation, the Contractor has visited all existing areas to be maintained, field-verified the approximate sizes
12 of each landscape area and rights-of-way noted for each location and assessed the condition of each landscape area.
2.0 PERSONNEL AND EQUIPMENT
2.1 Any employee who fails to work or act in an acceptable manner, as determined by the City Representative or their designee, shall be removed from working on City contracts immediately.
2.2 All personnel shall wear uniforms, safety shoes, reflective safety vests and other safety equipment while working within roadways rights-of-way.
2.3 All vehicles shall contain a workable flashing yellow light (or lights) that shall be used while working on roadways, parking lots, bicycle areas, and pedestrian ways.
2.4 Contractor shall be available to meet with the City Representative or their designee to review the Contractor’s schedules and performance, resolve problems, and perform field inspections, as required by the City Representative.
2.5 All work shall be performed in accordance with the highest landscape maintenance standards. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the designated sites.
2.6 The Contractor will be required to complete landscape maintenance services as scheduled. It is the Contractor's responsibility to dedicate the appropriate number of employees and crews to complete the tasks in this RFP.
2.7 Contractor shall provide certified pesticide personnel fully trained in all phases of landscape pesticides laws, regulations, operation, reporting, adjustment and repairs.
2.8 Contractor shall be responsible for providing a safe workplace and for compliance with standard and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS) and any other applicable government laws.
2.9 Contractor shall set up traffic control plans per the latest edition of the California Manual on Uniform Devices (CA MUTCD). No work shall be performed without traffic control devices in place. Contractor shall make every effort to keep commercial driveways open during working hours while adhering to the City - approved traffic control plan.
2.10 Contractor shall provide the City with names and telephone numbers of at least two qualified people who can be called by the City Representative or their
13 designee, or when emergency maintenance conditions occur during hours when the Contractor’s regular work force is not present within City boundaries.
3.0 EXTRA WORK
3.1 Extra work shall be performed by the Contractor using Contractor’s extra work pricing, in accordance with the Extra Work Unit Cost sheet.
3.2 Costs for extra work shall be based on “per unit” costs agreed to, or lesser, in this contract or labor rate unit cost plus the cost of materials if no line item exists.
3.3 Only those extra work items authorized via a proposal from the Contractor and signed by the City Representative or their designee shall be paid.
3.4 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 by the City Representative before the work commences.
4.0 IRRIGATION SYSTEM MAINTENANCE
The Contractor shall be responsible for the landscape water conservation and irrigation system management and repairs for each site. The City currently has 22 irrigation controllers.
Contractor shall coordinate with the City to protect and monitor the syst ems operations to provide optimum growing conditions.
The Contractor shall furnish all labor, equipment, materials, and supervision to carry out irrigation maintenance including but not limited to the following:
4.1 Inspecting irrigation spray heads, system piping, valves, and controller clocks to ensure proper operation and full working capabilities.
4.2 Adjustment of head or nozzle spay and disassembling and assembling irrigation valves to free up obstructions and prevent overspray or excessive runoff into street rights-of-way or other areas not intended to be irrigated.
4.3 Repairing and adjusting all sprinkler heads to maintain proper and uniform water application and adhere to all State, County and local regulations.
4.4 Irrigation damages resulting from Contractor’s personnel and maintenance activities must be repaired, at Contractor’s expense, with identical components of that removed. If an equal brand name is recommended, Contractor shall obtain prior written approval by the City Representative or their designee.
4.5 Assessment of irrigation parts and lines. Contractor shall promptly notify the City of irrigation deficiencies discovered during inspections of each site.
Repairs shall be completed within 24 hours unless otherwise directed by the
14 City Representative or their designee.
Should irrigation system deficiencies from the remote control valve to the water meter be discovered during inspection, the Contractor shall notify the City and submit a cost proposal to complete the repairs. Except as specified herein, repairs of irrigati on heads, irrigation parts from the remote controls valves to the meter, and lateral lines shall be considered extra work to be performed after the signed approval of the City Representative. Costs for extra work shall be based on “per unit” costs agreed to, or lesser, in this contract or labor rate unit cost plus the cost of materials if no line item exists.
4.6 In the event of drought conditions, including mandatory water rationing, the City shall have the authority to modify the requirements described in these specifications.
5.0 WEED CONTROL
The Contractor shall inspect and monitor all specified maintenance areas, including but not limited to, turf grass, shrub and ground cover areas, planters, tree wells, hardscapes areas.
These areas shall be always kept free of weeds.
5.1 Weed removal shall consist of complete removal of all undesirable or misplaced vegetation, including top growth and roots are weeds appear.
5.2 Weed abatement activities shall be performed a minimum of one (1) time per week.
5.3 Weed abatement and control can be performed either by hand, mechanical or chemical methods. However, the City may restrict the use of chemical weed control in certain areas as directed by the City Representative.
6.0 DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. Contractor shall identify and treat to eradicate and/or control plant and turf pests and diseases as necessary to provide a health y and safe environment for plants and public. The Contractor shall implement control measures, exercising extreme caution in the application of all spray materials, dusts, or other materials utilized.
All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. All chemicals requiring a special permit for use must be registered by the Contractor with the Council Agricultural Commissioner’s Office , and C ontractor must provide a copy of the permit to the Public Works Department prior to use.
7.0 PESTICIDES AND USE OF CHEMICALS
Contractor shall submit a list of all chemical herbicides, pesticides, and rodenticides proposed for use under this contract to the Public Works Department for approval. Materials included
15 on this list shall be limited to the chemicals approved by the State of California Department of Food and Agriculture and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendation of a licensed pest control advisor where required by law.
No spray chemicals or powder chemicals are allowed at the Water Well location at 6840 Gage Avenue unless authorized by the City Representative prior to the application.
8.0 TURF MAINTENANCE
Turf maintenance shall be as follows:
8.1 Frequency of mowing shall be scheduled. Turf grass mowing heights will be determined by the City Representative.
8.2 All turf and hardscape areas shall be free of turf clippings, thatch, plant debris, and trash at the end of each activity.
8.3 Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation.
8.4 Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
8.5 Equipment must be sharp and properly adjusted to avoid damage to the turf plant. The blade should provide uniform, level cut without ridges, depressions, or scalping.
8.6 Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
8.7 All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
8.8 Turf grass shall be fertilized twice a year to provide healthy growing turf grass with horticulturally acceptable growth and color, as determined by the Department. Contractor shall include any costs incurred in purchasing and applying fertilizers in their bid price on the proposal price sheet.
8.9 Fertilization shall be performed with a balanced fertilizer at one (1) pound actual Nitrogen per 1,000 square feet of area.
8.10 Contractor shall immediately irrigate after each fertilizer application. All fertilizer application shall be performed with properly calibrated equipment to provide a uniform application.
8.11 Turfgrass renovation grass renovation will be scheduled between the City and
16 Contractor.
8.12 Turf renovation shall consist of aerating, verticutting, thatch removal and overseeding. Contractor shall provide equipment for annual turfgrass renovation that is able to contain and prevent dust particles from becoming airborne.
8.13 Overseeding shall be performed within two (2) days after verticutting with properly calibrated seeders.
8.14 Reseeding of bare spots shall be performed continually throughout the year to re-establish turf to an acceptable quality. Reseeding shall be performed with a certified tur grass seed similar to the establish turf at a rate of eight (8) pounds per 1,000 square feet.
9.0 GROUND COVER MAINTENANCE
For the purposes of these specifications, ground cover are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plans give flat or two - dimensional effect to the landscape.
Contractor shall be responsible for edging and trimming ground, cultivation, renovation, planting, fertilization and irrigation of ground cover areas.
10.0 SHRUB MAINTENANCE
Contractor shall be responsible for pruning, fertilizing and the irrigation of shrubs.
10.1 Contractor shall continuously prune all shrubs to maintain the size and shape specified by the City Representative. Pruning shall be accomplished to maintain “natural” appearance and to prevent encroachment of passageways, walks, streets and view of signs. Decorative, poodle cuts or other unnatural pruning will not be permitted. Contractor shall restrict growth, through prunin, to maintain visibility and optimum irrigation coverage.
10.2 Shrubs shall be pruned with sharp pruning tools. All clippings shall be removed the same day shrubbery is pruned and prior to vacating the site. Care should include soil build-up prevention around the crown of shrubs.
10.3 Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. The replacement of shrubs will be in accordance with the Extra Work Unit Cost sheet. All shrub shall be guaranteed to live and remain in healthy conditions for no less than six (6) months from the date of installation, inspections and verification by the Public Works Department.
10.4 Shrubs shall be adequately irrigated to maintain healthy appearances, while minimizing irrigation run-ff and overspray.
17 10.5 Shrubs shall be fertilized as necessary to maintain horticulturally acceptable health and color.
11.0 TREE IRRIGATION
11.1 All trees in medians shall be adequately irrigated to maintain a healthy appearance. Tree irrigation shall promote deep root growth.
11.2 Contractor shall pick up tree debris and branches on medians as directed by the City.
12.0 GENERAL CLEAN-UP ACTIVITES AND DISPOSAL
12.0 Contractor is responsible for the removal of all trash and accumulated debris from the work site. The contractor is responsible for disposing of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses each day.
12.1 Contractor must clean walkways, sidewalks, and curb and gutter areas immediately following mowing and edging. All walkway cracks and expansion joints shall be maintained weed and grass free.
12.2 Contractor shall be responsible for recycling all green waste generated from the contract performance. Contractor shall dispose of green waste in a manner approved by the City.
12.3 Contractor shall comply with Best Management Practices requirements as specified by the County of Los Angeles and regional agencies. The Contractor shall not allow and shall prevent any non -stormwater discharge into the storm drain system. At a minimu m, the Contractor shall implement the best management practices as well as review those that may also be applicable to the Contractor’s work.
The award of an Contract Services Agreement will be made to the most qualified Contractor(s) whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom it is proposed to make such an award.
If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked VI. EVALUATION CRITERIA
18 Proposer.
Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:
1. Comprehension of the Request for Proposals (Max Score: 15 Points)
This relates to the Proposer’s basic understanding of the City’s requested services and Proposer’s ability to articulate a concise description of the role of the requested services.
2. Qualifications of Proposer (Max Score: 45 Points)
• Experience of the firm
• Staffing and resources
• Qualifications and experience of proposed personnel
• Ability to provide specialized solid waste-related services such as legislative support, contract monitoring, negotiations and franchise management. • Familiarity with federal, State and regional/local agency requirements.
3. Proposal Cost (Max Score: 30 Points)
This relates to Proposer’s cost to provide the requested landscape maintenance services.
4. References (Max Score: 10 Points)
This relates to the reputation and quality of past work performed by the Proposer based on municipal and other professional references.
If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer. The interview p anel will be made up of staff members or representatives from the City.
Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Contractors with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff or City Council members;
19 • Existence of any lawsuit, unresolved contractual claim or dispute between Contractor and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Contractor’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Contractor’s default under any agreement, which results in termination of the Agreement.
Each proposal will be considered along with those of other responding Contractors, with respect to ability to perform effectively and efficiently those Scope of Work outlined in Section V, above.
The successful Contractor shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice . Further, the City makes no representations that any Agreement will be awarded to any Contractor responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
20 ATTACHMENT “A”
PROPOSAL PRICE SHEET
21 PROPOSAL PRICE SHEET
Landscape Area Quantity Unit Activity
Monthly
Total
(Rounded to
Whole Dollars)
1. Eastern Avenue
42,625 S.F.
Shrubs and
ground cover
maintenance
$
42,625 S.F. Irrigation system $
Subtotal $
2. Garfield Avenue
26,279 S.F. Turf Maintenance $
37,913 S.F.
Shrubs and
ground cover
maintenance
$
64,192 S.F. Irrigation system $
Subtotal $
3. Entry Islands
21,744 S.F.
Shrubs and
ground cover
maintenance
$
21,744 S.F. Irrigation system $
Subtotal $
4. Florence Avenue
36,994 S.F.
Shrubs and
ground cover
maintenance
$
36.994 S.F. Irrigation system $
Subtotal
$
22 Landscape Area Quantity Unit Activity
Monthly
Total
(Rounded to
Whole Dollars)
5. Gage Avenue
10,266 S.F
Irrigation
Maintenance $
5.1 Medians east and west
of Garfield Avenue 3,545
S.F.
Shrubs and
ground cover
maintenance
$
5.2 Southern California
Edison Right-of-way on
Gage Ave
6,721
S.F.
Shrubs and
ground cover
maintenance
$
Subtotal $
6. Woodworth House
6,500 S.F.
Turf
Maintenance $
4,630 S.F.
Shrubs and
ground cover
maintenance $
Subtotal $
7. Water Well
(6849 Gage Avenue)
5,720 S.F.
Shrubs and
ground cover $
Subtotal $
8. Clara Street Right-of-Way
6,453 S.F.
Turf
Maintenance $
6453 S.F.
Irrigation
System $
Subtotal $
23 Landscape Area Quantity Unit Activity
Monthly
Total
(Rounded to
Whole Dollars)
9. Parking Areas
Eastern Avenue
1,470 S.F.
Shrubs and
ground cover $
1,470 S.F.
Irrigation
System $
Subtotal $
10. Bell Gardens Park 10
Acre
Turf
Maintenance $
Subtotal $
11. John Anson Ford Park 14
Acre
Turf
Maintenance $
Subtotal $
MONTHLY TOTAL (Add Subtotals) $
TOTAL ANNUAL COST (x12) $
(PRINT TOTAL ANNUAL COST IN WORDS)
24 EXTRA WORK UNIT COST SHEET
Extra Work Description Unit
Price
Supervisor (labor only) Hourly
Landscape Maintenance Foreman (labor only) Hourly
Landscape Maintenance Laborer (labor only) Hourly
Irrigation Technician (labor only) Hourly
Pest Control Applicator (labor only) Hourly
Inclement Weather Crew (incl. vehicle and equipment) Hourly Emergency After Hours Stand-by Laborer Hourly
1-gallon shrubs Each
5-gallon shrubs Each
15-gallon shrubs Each
New Sod Installation Square Foot
Existing sod removal/replacement Square Foot
Re-seeding Square Foot
Overseeding Square Foot
Ground Cover Flat
Annual Color Flat
Decomposed Granite maintenance (scarify 4” deep, add
granite and binder as needed, level, rake and compact Square Foot
25 ATTACHMENT “B”
ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT
26 ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, _________________________[insert name] am the _________________________[insert title] of _________________________[insert firm name], the party making the proposal for award of an agreement for PUBLIC TRANSIT SERVICES (“Proposer”) and, on behalf of the Proposer, hereby:
Accept City’s Standard Form of Agreement – check one box.
As is, without qualifications or modifications.
As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this_____ day of _________, 2025 at ___________________________, California.
Signature of Officer _____________________ Printed/Typed Name of Officer _____________________ Title of Officer ____________________
27 ATTACHMENT “C”
SAMPLE CONTRACT SERVICES AGREEMENT
1 2025
CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 5 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and _________________ (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, CITY requires qualified and experienced ______________________; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of ___________________.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
SECTION 1. SCOPE OF WORK.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY ________________________. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “ ________________________” (hereinafter the “CITY RFP”) dated ______________, and the written proposal of CONTRACTOR entitled “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).
The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the c onflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the
2 provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the co nditions of the location prior to commencing any of the Work requested by CITY . Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
SECTION 2. TERM.
A. This Agreement shall have a term of ____ (__) years commencing from the Effective Date through ________________ (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or
3 damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
SECTION 3. PROSECUTION OF WORK.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
SECTION 4. COMPENSATION.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.
B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of ____________________ ($_______) (hereinafter, the
4 “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not- to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTR ACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty -five (45) calendar days of receipt of each invoice , CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
SECTION 5. STANDARD OF CARE.
A. CONTRACTOR represents, acknowledges and agrees as follows:
1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;
3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq .). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;
5 5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;
7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tas ks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throug hout the term of this Agreement; and
8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s emp loyees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars d ays from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative’s sole and absolute discretion.
B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immedia tely upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowl edge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has r elied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
6 SECTION 6. REPRESENTATIVES.
A. City Representative . For the purposes of this Agreement, the contract administrator and CITY’s representative shall be _________________ (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by C ITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative . For the purposes of this Agreement, ____________________, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all me ans, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement . All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable pen alties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, asse ssed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7 E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contracto r or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in
8 which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard , which copies shall be made available to any interested party on request.
CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agr eements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certi ficate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 17 77.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also
9 be subject to California Labor Code Section 1777.1.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity u nder the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evi dence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applica ble state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
SECTION 10. PROHIBITED INTERESTS . CONTRACTOR warrants, represents and maintains 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 and represents 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.
10 For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her servi ce with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the p hysical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same perio d as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any
11 contention by any third party that an employer -employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplat ed by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition , genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Hous ing Act (Gov. Code, Section 129 00 et seq.) . The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
SECTION. 14. INDEMNIFICATION.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or o mission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, re sulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity
12 provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover unde r this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall b e selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losse s and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any an d all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold
13 harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Worker’s Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the
14 Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self -insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subro gation against CITY , its officials, officers, employees, agents and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance 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 payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
15 circumstances.
SECTION 16. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
SECTION 17. TERMINATION.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause . In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of defau lt (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provis ion of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s
16 employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 3 -day cure period, CONTRACTO R may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event o f Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant a dditional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver o f a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspe nd CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
17 Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreeme nt on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Part y any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any o ther remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, bene fit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by
18 custom, estoppel, or otherwise.
SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore belo w, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
___________________
___________________
___________________
Attn: _______________
Phone: _____________
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
SECTION 22. ENTIRE AGREEMENT . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreemen t and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the
19 subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, th e remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS, a municipal
corporation
By:
Michael B. O’Kelly
City Manager
Date:
_________________
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
21 EXHIBIT “A”
CITY RFP
22 EXHIBIT “B”
CONTRACTOR PROPOSAL
REQUEST FOR PROPOSALS FOR CITIWIDE LANDSCAPE MAINTENANCE
SERVICES
ADDENDUM NO. 1
March 5, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“RFP”).
Submit a bid with full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
A. Attachment “C” (Sample Contract Services Agreement) is hereby replaced in its entirety with the enclosed sample Contract Services Agreement.
B. Section VI. (Evaluation Criteria), Subsection No. 2 is amended to read as follows:
“2. Qualifications of Proposer (Max Score: 45 Points)
• Experience of the firm
• Staffing and resources
• Required License from the State of California’s Contractors State License Board
• Qualifications and experience of proposed personnel
• Ability to provide specialized landscape related services • Familiarity with federal, State and regional/local agency requirements.”
C. This addendum is being issued to incorporate the following R esponse to Request for Information No. 1 into the RFP:
RESPONSE TO REQUESTS FOR INFORMATION NO. 1
1. Q: Are there any sign-ups needed in order to bid for the City of Bell Gardens or is it just open to everyone to bid.?
A: Contractors must meet the required qualifications described in the RFP and submit all documentation by following the submittal procedures described in the RFP.
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
Addendum No. 1
RFP - Citywide Landscape Services
2. Q: Would you please let me know the previous contractor and prior annual award amount for this service contract?
A: Information regarding the existing landscape contract may be requested through the City Clerk’s public records request portal found here:
https://cityofbellgardensca.nextrequest.com/
3. Q: Would you please let me know if there is a checklist of required documents for submission?
A: Prospective proposers must review and follow the instructions outlined in the RFP, including but not limited to, submittal procedures, schedule, definitions, terms and conditions, scope of work, evaluation criteria and pertinent attachments, including the Proposal Price Sheet, Acknowledgement of City’s Standard Form of Agreement and Sample Contract Services Agreement.
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
Enclosure
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
1 2025
CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 5 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and _________________ (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, CITY requires qualified and experienced ______________________; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of ___________________.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
SECTION 1. SCOPE OF WORK.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY ________________________. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “ ________________________” (hereinafter the “CITY RFP”) dated ______________, and the written proposal of CONTRACTOR entitled “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).
The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the c onflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the
2 provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the co nditions of the location prior to commencing any of the Work requested by CITY . Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
SECTION 2. TERM.
A. This Agreement shall have a term of ____ (__) years commencing from the Effective Date through ________________ (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or
3 damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
SECTION 3. PROSECUTION OF WORK.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt o f any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
SECTION 4. COMPENSATION.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.
B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of ____________________ ($_______) (hereinafter, the
4 “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not- to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTR ACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indic ate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty -five (45) calendar days of receipt of e ach invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
SECTION 5. STANDARD OF CARE.
A. CONTRACTOR represents, acknowledges and agrees as follows:
1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;
3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq .). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;
5 5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;
7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tas ks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throug hout the term of this Agreement; and
8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s emp loyees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars d ays from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative’s sole and absolute discretion.
B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immedia tely upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowl edge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has r elied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
6 SECTION 6. REPRESENTATIVES.
A. City Representative . For the purposes of this Agreement, the contract administrator and CITY’s representative shall be _________________ (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by C ITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative . For the purposes of this Agreement, ____________________, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
The Contractor’s Representative shall supervise and direc t the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement . All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable pen alties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, asse ssed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7 E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Proje ct by the CONTRACTOR at the request of the CITY.
SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the ex ecution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in
8 which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard , which copies shall be made available to any interested party on request.
CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agr eements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certi ficate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 17 77.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also
9 be subject to California Labor Code Section 1777.1.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity u nder the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evi dence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applica ble state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
SECTION 10. PROHIBITED INTERESTS . CONTRACTOR warrants, represents and maintains 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 and represents 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 makin g of this Agreement.
10 For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her servi ce with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfi llment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any
11 contention by any third party that an employer -employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplat ed by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition , genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. C ode, Section 129 00 et seq.) . The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective ba rgaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
SECTION. 14. INDEMNIFICATION.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or o mission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, re sulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity
12 provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover unde r this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall b e selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losse s and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any an d all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold
13 harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. 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 One Million Dollars ($1,000,000) per occurrence, Four Million Dollars ($4,000,000) 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.
2. 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 Five Million Dollars ($5,000,000) combined single limit for each accident.
3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Mill ion Dollars ($1,000,000)).
4. Umbrella or excess liability insurance . CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. 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 reason, other than bankruptcy or insolvency of said primary insurer;
14 b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self -insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or
15 volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY , its officials, officers, employees, agents and volunteers . CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 14 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance 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 payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SECTION 16. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
SECTION 17. TERMINATION.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause . In the event either Party fails to perform any duty,
16 obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligate d to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event o f Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant a dditional time for the cure of an
17 Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver o f a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CO NTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY s hall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Part y any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any o ther remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
18 i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, bene fit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or
19 (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
___________________
___________________
___________________
Attn: _______________
Phone: _____________
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
SECTION 22. ENTIRE AGREEMENT . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreemen t and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, th e remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect
20 upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS, a municipal
corporation
By:
Michael B. O’Kelly
City Manager
Date:
_________________
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
22 EXHIBIT “A”
CITY RFP
23 EXHIBIT “B”
CONTRACTOR PROPOSAL
REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES
ADDENDUM NO. 2
March 14, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“RFP”).
Submit a proposal with full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
A. A mandatory pre- proposal meeting will be held on Tuesday, April 1 , 2025, at 11:00 a.m. at the Public Works Corporation Yard, located at 8327 Garfield Avenue, Bell Gardens, CA 90201. Attendance is mandatory. P rospective proposers must attend this meeting to be eligible to submit a proposal.
B. The proposal submittal deadline is hereby extended from Thursday, March 27, 2025, at 5:00 p.m. to Thursday, April 10, 2025, at 5:00 p.m.
C. In the Submittal Procedure/Deadline section, the tentative schedule is hereby revised to read as follows:
Release of RFP Thursday, February 13, 2025
Deadline for Questions Monday, March 10, 2025 at 5:00 p.m.
Mandatory Pre-Proposal Meeting Tuesday, April 1, 2025 at 11:00 a.m.
Proposal Due Date Thursday, April 10, 2025 at 5:00 p.m.
Proposer Interviews (if necessary) Tuesday, April 22, 2025 **City Council Recommendation of
Award
Monday, May 12, 2025
D. This addendum is being issued to incorporate the following R esponse to Requests for Information No. 2 into the RFP:
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
Addendum No. 2
RFP for Citywide Landscape Maintenance Services
RESPONSE TO REQUESTS FOR INFORMATION NO. 2
1. Q: What is the Current Monthly Contract amount?
A: Information regarding the existing landscape contract may be requested through the City Clerk’s public records request portal found here:
https://cityofbellgardensca.nextrequest.com/
2. Q: What is the Current Annual Contract amount?
A: Information regarding the existing landscape contract may be requested through the City Clerk’s public records request portal found here:
https://cityofbellgardensca.nextrequest.com/
3. Q: Who is the current contractor?
A: Information regarding the existing landscape contract may be requested through the City Clerk’s public records request portal found here:
https://cityofbellgardensca.nextrequest.com/
4. Q: Why is this going out to bid?
A: The existing landscape contract is set to expire in June 2025. Additionally, the City is incorporating the maintenance of John Anson Ford Park as part of this contract and is seeking to obtain competitive proposals through this RFP.
5. Q: Has the scope changed since the last time this went out to bid? A: Yes. Information regarding the existing landscape contract may be requested through the City Clerk’s public records request portal found here:
https://cityofbellgardensca.nextrequest.com/
6. Q: Is there any way you can provide aerial photos and/or addresses of the sites to bid?
A: Please refer to the amended scope of work section.
7. Q: Is glyphosate allowed?
A: Yes, contractors may use glyphosate products for abatement.
8. Q: Is tree maintenance extra work?
A. Tree maintenance is contracted out to another firm. However, the selected landscape contractor will be responsible for irrigation of landscaped center medians, which are essential for existing trees within those landscaped center medians.
9. Q: Are irrigation repairs extra work?
A: Please refer to Section 4 of the RFP.
10. Q: Is the contractor responsible for replacing trash can liners? A: These tasks are not included within the specifications outlined in this RFP
11. Q: Will the contractor need to pick up trash in trash receptacles?
Addendum No. 2
RFP for Citywide Landscape Maintenance Services
A: These tasks are not included within the specifications outlined in this RFP
12. Q: Will the contractor be responsible for any maintenance on the baseball fields? A: These tasks are not included within the specifications outlined in this RFP.Q:
Will the City require a Reel type mower for mowing baseball infields? A: These tasks are not included within the specifications outlined in this RFP.
13. Q: Will we be responsible for the turf on the baseball fields? A: These tasks are not included within the specifications outlined in this RFP.
14. Q: Are there any special requirements for baseball fields? A: These tasks are not included within the specifications outlined in this RFP.
15. Q: Do we have to open any parks in this contract?
A: These tasks are not included within the specifications outlined in this RFP.
16. Q: Is the current contractor meeting the minimum manpower requirements? A: Please refer to Section 1 of the RFP for requirements.
17. Q: Will we be required to open any parks?
A: These tasks are not included within the specifications outlined in this RFP.
18. Q: Is there any maintenance in the pond at John Anson Ford Park? A: Maintenance of the pond is not part of this contract.
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do
so may result in disqualification of his/her proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES
ADDENDUM NO. 3
March 24, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“RFP”).
Submit a proposal with full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
A. In t he Submittal Procedure/Deadline section , the tentative schedule is hereby revised to read as follows:
Release of RFP Thursday, February 13, 2025
Mandatory Pre-Proposal Meeting Tuesday, April 1, 2025 at 11:00 a.m.
Deadline for Questions Wednesday, April 2, 2025 at 5:00 p.m.
Proposal Due Date Thursday, April 10, 2025 at 5:00 p.m.
Proposer Interviews (if necessary) Tuesday, April 22, 2025 **City Council Recommendation of
Award
Monday, May 12, 2025
B. Section V. Scope of Work is being amended to incorporate the following:
“13.0 LOCATIONS OF WORK – DETAILS
1. EASTERN AVENUE
i. Garfield Avenue to Muller Street – Five (5) medians
ii. Muller Street to Clara Street – Three (3) medians
iii. Clara Street to Fry Street – Three (3) medians
iv. Florence Avenue to Gage Avenue – Four (4) medians
v. Gage Avenue to Watcher Avenue – One (1) median
vi. Watcher Avenue to North City Limits – One (1) median
2. GARFIELD AVENUE
i. Eastern Avenue to Park Lane – Seven (7) medians
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
Addendum No. 3
RFP - Citywide Landscape Services
ii. Park Lane to Florence Avenue – Four (4) medians
iii. Florence Avenue to Gage Avenue – Eight (8) medians iv. So. Cal Edison right-of-way at Garfield Avenue and Park Lane
*Area has been highlighted in red
3. ENTRY ISLANDS/MONUMENTS
i. Garfield Avenue and Eastern Ave
ii. Clara Street & 710 Freeway
a. Including adjacent landscape area
iii. Gage Avenue & 710 Freeway
iv. Watcher St & Eastern Avenue
v. Florence Avenue & Scout Avenue
a. Including adjacent landscape area
vi. Suva Street & Scout Avenue
vii. Florence Avenue & Eastern Avenue
4. FLORENCE AVENUE
i. 710 Freeway to Eastern Avenue – One (1) median
ii. Eastern Avenue and Garfield Avenue – Six (6) medians iii. Garfield Avenue to Easterly City limits – Six (6) medians
1. Including median north of Florence Avenue on Scout Avenue iv. Florence Avenue/Florence Pl – Two (2) medians
Addendum No. 3
RFP - Citywide Landscape Services
v. So. Cal Edison right-of-way on Florence Avenue
5. GAGE AVENUE
i. Medians east and west of Garfield Avenue along Gage Avenue - Two (2) medians
ii. So. Cal Edison right-of-way on Gage Avenue, east of Darwell
1. South side
6. WOODWORTH HOUSE
i. 6820 Foster Bridge Boulevard
7. WATER WELL
i. 6840 Gage Avenue
8. CLARA STREET RIGHT-OF-WAY
i. Located west of Eastern Avenue, on the north side of the street.
Addendum No. 3
RFP - Citywide Landscape Services
9. PARKING AREAS
i. 6546 Eastern Avenue, Bell Gardens, CA 90201
ii. 6547 Eastern Avenue, Bell Gardens, CA 90201
10. BELL GARDENS VETERANS PARK
i. Located at 6662 Loveland Street, Bell Gardens, CA 90201
Addendum No. 3
RFP - Citywide Landscape Services
11. JOHN ANSON FORD PARK
i. Located at 8000 Park Lane, Bell Gardens, CA 90201
Addendum No. 3
RFP - Citywide Landscape Services
C. This addendum is being issued to incorporate the following R esponse to Request for Information No. 3 into the RFP:
RESPONSE TO REQUESTS FOR INFORMATION NO. 3
1. Q: Does the City have onsite storage?
A: No, the City does not provide on-site storage for the selected contractor.
2. Q: Does the City have a dump we can use?
A: Green waste containers are available at the Public Works Corporation Yard.
3. Q: Is the Contractor responsible for dumping and the fees attributed to it? A: If the Contractor is self-hauling green waste to a facility, then Contractor will be responsible for disposal fees, tracking weight tickets, and providing the City with any pertinent information regarding the proper disposal of the green waste.
4. Q: Will the contractor be required to use electric equipment for this contract? A: Electric equipment is not required as part of this contract.
5. Q: Will the contractor be responsible for the maintenance of doggie bag / waste stations?
A: Contractor will not be required to maintain doggie bags/waste stations as part of this contract.
6. Q: Will the litter control be five days a week or seven days a week? A: Please refer to General Provisions under Scope of Work . Per the specifications, litter control must be performed as part of routine maintenance.
7. Q: Will the contractor be responsible for blowing the parking lots at the sites mentioned in the contract?
A: Yes, Contractor will be responsible for blowing leaves and performing routine maintenance at the parking lots.
8. Q: What is the current minimum manpower on the contract in place? A: Please refer to Personnel and Equipment section under scope of work.
9. Q: Is there any way you can provide aerial photos and/or addresses of the sites to bid?
A: Please refer to the amended scope of work as it incorporates section 13 for more details.
Addendum No. 3
RFP - Citywide Landscape Services
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES
ADDENDUM NO. 4
April 4, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“RFP”).
Submit a proposal with full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
A. The second paragraph under subsection 4.5 is being deleted in its entirety as follows:
“4.5 Assessment of irrigation parts and lines. Contractor shall promptly notify the City of irrigation deficiencies discovered during inspections of each site. Repairs shall be completed within 24 hours unless otherwise directed by the City Representative or their designee.
Should irrigation system deficiencies from the remote control valve to the water meter be discovered during inspection, the Contractor shall notify the City and submit a cost proposal to complete the repairs. Except as specified herein, repairs of irrigation heads, irrigation parts from the remote controls valves to the meter, and lateral lines shall be considered extra work to be performed after the signed approval of the City Representative. Costs for extra work shall be based on “per unit” costs agreed to, or lesser, in this contract or labor rate unit cost plus the cost of materials if no line item exists.”
B. This addendum is being issued to incorporate the following Response to Request for Information No. 4 into the RFP:
RESPONSE TO REQUESTS FOR INFORMATION NO. 4
1. Q: When is the anticipated start date for this contract? A: The anticipated start date is July 1, 2025. As noted in the RFP documents, the contract will be for three (3) years, with up to two one-year renewals.
2. Q: Is the square footage listed on the RFP up to date?
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
Addendum No. 4
RFP - Citywide Landscape Services
A: Yes, the square footage is the most up- to-date figure. However, contractors must field verify existing conditions and submit a proposal based on their assessment.
3. Q: Are there any hot spots that the City anticipates will need more attention? A: Yes, the east side of John Anson Ford Park will need special attention due to the construction of the new Aquatics Center. In addition to that, the contractor is responsible for managing the fast -growing median vegetation to ensure it does not impede vehicular traffic.
4. Q: Is this contract performance-based?
A: Yes, this is mainly a performance- based contract. However, the City reserves the right to establish landscape maintenance standards during the contract period. Any scope modifications will adhere to the procedures outlined in the Contract Services agreement
5. Q: Could you clarify what the irrigation requirements are for the maintenance contract?
A: C ontractor is required to perform routine maintenance to ensure the City’s irrigation systems operate properly, as detailed in Section 4.0 of the specifications. Major irrigation repairs including extensive pipe replacement , lateral line repair s that require asphalt excavation, irrigation main line repairs, and backflow replacement will be considered extra work.
6. Q: Are there special requirements for maintenance near the athletic fields at John Anson Ford Park?
A: Yes. Since athletic fields require more specialized maintenance, the selected contractor must use different equipment than the one used for general maintenance in efforts to minimize cross -pollination that may compromise the healthy growth of athletic fields sod.
7. Q: Does the City have any chemical restrictions for weed abatement? A: No, there is no restriction. Contractor may use products that contain glyphosate. However, application of any herbicide must be done following proper safety procedures and guidelines.
8. Q: Will the contractor be responsible for power washing walkways near the pond at John Anson Ford Park?
A: No, the Public Works crew is responsible for power washing these walkways.
However, the contractor will be responsible for blowing and whacking these areas as part of routine maintenance.
Addendum No. 4
RFP - Citywide Landscape Services
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do
so may result in disqualification of his/her proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES
ADDENDUM NO. 5
April 9, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“RFP”).
Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:
A. In the Submittal Procedure/Deadline section, the tentative schedule is hereby revised to read as follows:
Release of RFP Thursday, February 13, 2025
Mandatory Pre-Proposal Meeting Tuesday, April 1, 2025 at 11:00 a.m.
Deadline for Questions Wednesday, April 2, 2025 at 5:00 p.m.
Proposal Due Date Tuesday, April 15, 2025 at 5:00 p.m.
Proposer Interviews (if necessary) Tuesday, April 22, 2025 **City Council Recommendation of Award Monday, May 12, 2025
B. Attachment “B” – Acknowledgement of the City’s Standard Form of Agreement is hereby replaced with the enclosed Acknowledgement of City’s Standard Form of Agreement.
C. This addendum is being issued to incorporate the following Response to Request for Information No. 5 into the RFP:
RESPONSE TO REQUESTS FOR INFORMATION NO. 5
1. Q: As this bid is an initial 3 -year term with an option to extend 2 additional 1 -year periods totaling potentially 5 years; will the City allow yearly CPI increases to the contractors’ pricing? (I.e.: CPI increase added to prices for any additional 1 -year term periods following the initial one-year term.)
A: Proposer may include pricing increases for the term of the contract. However, if they anticipate price increases, then they must include a comprehensive table noting their total annual compensation amount for each year of the contract (i.e. total compensation for Year 1, total compensation for Year 2, etc.).
2. Q: Can the City confirm the current insurance requirements as updated on Addendum 1 of the sample agreement are correct?
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
Addendum No. 5
RFP - Citywide Landscape Services
A: Yes, the insurance requirements are listed in the sample Contract Services Agreement issued under Addendum No. 1
3. Q: Can the City confirm the current insurance requirements as updated on Addendum 1 of the sample agreement are correct?
A: Yes, the insurance requirements are listed in the sample Contract Services Agreement issued under Addendum No. 1
4. Q: If there are any damaged or vandalized items under this contract such as turf, trees, shrubs, groundcover, plants, irrigation etc., will it be considered extra work to be quoted by the contractor and sent to the City representative for approval? A: Irrigation maintenance details can be found in Addendum 4. Restoration of landscape components that have been damaged by acts of nature, vandalism or non- routine activities will be considered extra work. Tree maintenance is not part of this contract.
5. Q: Could the City confirm if any decomposed granite is included for maintenance of any sites listed on this contract will be considered extra work and quoted with materials and labor costs to be approved by the City? Can the City provide landscape specifications A: There are no areas that include decomposed granite. However, as noted on Addendum No. 4, the City reserves the right to establish landscape maintenance standards during the contract period. Any scope modifications will adhere to the procedures outlined in the Contract Services Agreement
Prospective proposers who have already submitted their proposal will be contacted to arrange for return of their proposal. Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal submittal.
Signature of Proposer Date
Proposer Firm Name and Address
Revised
ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, _________________________[insert name] am the _________________________[insert title] of _________________________[insert firm name], the party making the proposal for award of an agreement for CITYWIDE LANDSCAPE MAINTENANCE SERVICES (“Proposer”) and, on behalf of the Proposer, hereby:
Accept City’s Standard Form of Agreement – check one box.
As is, without qualifications or modifications.
As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this_____ day of _________, 202 5 at ___________________________, California. Signature of Officer _____________________ Printed/Typed Name of Officer _____________________ Title of Officer ____________________
PREPARED FOR:
City of Bell Gardens
City Clerk
7100 Garfield Avenue, Bell Gardens, CA 90201
Daisy Gomez, City Clerk
(562) 806-7770
[email protected]
PREPARED BY:
Mariposa Landscapes Inc.
6232 Santos Diaz St, Irwindale, CA 91702
Eduardo Salmeron, Estimator
(626) 960-8477
[email protected]
RESPONSE TO:
RFP
Citywide Landscape Maintenance Services
April 15, 2025
LANDSCAPE MAINTENANCE
SERVICES PROPOSAL
REQUEST FOR PROPOSAL LANDSCAPE MAINTENANCE SERVICES
Submitted to: City of Bell Gardens
Submitted by: SLA
License #1000327
6750 Foster Bridge Blvd, Unit G, Bell Gardens, Ca 90201
INTRODUCTION
SLA is honored to submit this proposal for Landscape Maintenance Services for the City of Bell Gardens. As a mission-driven social enterprise rooted in Southeast Los Angeles, SLA is not just a service provider—we are a partner in community growth, environmental transformation, and workforce development.
We combine high-quality, professional landscaping services with a deep, mission-driven commitment to empowering individuals who face barriers to employment—providing them with hands-on training, industry certifications, and meaningful career pathways through our pre-apprenticeship program. By integrating workforce development into every project, we not only beautify public spaces but also uplift communities from within, creating a lasting impact that goes far beyond the landscape.
Our experience spans across dozens of public spaces, and our work is always community-focused, quality-driven, and sustainability-centered.
WHY SLA?
Local Hire. Union Strong. Mission-Driven.
● All SLA staff are unionized and represented through Laborers Local 300 and Local 345.
● We are the only landscape maintenance provider in the region that is also a workforce development program. Every job we do helps people rise. ● We employ from the neighborhoods we serve, prioritizing Bell Gardens and nearby Southeast LA communities.
● Over 40 school greening projects completed across LA County in the last 3 years.
● Over 500,000 square feet of asphalt removed and replaced with natural, green areas that include trees, shade structures, pollinator plants, and irrigation.
● Experience maintaining civic buildings, medians, parks, synthetic and natural turf fields, and public streetscapes.
● Extensive knowledge of adaptive maintenance schedules, drought-tolerant species care, and rainwater capture strategies.
● We use eco-friendly, water-saving methods, and have deep expertise in irrigation system installation, moisture sensors, controller calibration, and seasonal adjustments.
● SLA is committed to public safety, following all OSHA, EPA, CAMUTCD, and CAL-OSHA guidelines for operations and traffic control.
WORKFORCE DEVELOPMENT
SLA is a certified pre-apprenticeship program that has supported over 120 individuals facing barriers to employment—including formerly incarcerated individuals—on their journey to becoming union apprentices with Laborers Local 345 and Local 300. We believe in second chances and are committed to creating clear, supported pathways to long-term, meaningful careers in the skilled trades.
SLA proudly recruits and trains individuals who face systemic barriers to employment, including young adults, justice-impacted individuals, single parents, and residents of historically underserved and disadvantaged communities.
ALL SLA WORKERS RECEIVE:
● Paid pre-apprenticeship training
● OSHA 30 Certification
● Hunter University Irrigation Training Certification
● CPR/First Aid Certification
● Safety and Equipment Use Workshops
● Full Union Benefits Package (401k, PTO, Health, etc.) ● Experience in lawn maintenance, irrigation, sports field upkeep, tree care, plant identification, pruning techniques, and soil health monitoring ● Guaranteed union sponsorship to state-approved apprenticeships with Local 300 or 345
Graduates of our program are hired directly into our union maintenance team or referred to union contractors across the region. All of our partnerships with SLA directly support career advancement, local employment, and inclusive hiring.
EXPERIENCE
Landscape Maintenance
● City of Maywood (2016–2020): Provided citywide landscape maintenance for all city facilities, including public parks, tree medians, building grounds, and pedestrian pathways. Services included weekly mowing, irrigation diagnostics, seasonal plant replacement, weed control, and green waste reporting.
● Los Angeles Neighborhood Land Trust (2019–2024): Maintained all LAT community parks in underserved neighborhoods across LA County. This included community gardens, bioswales, pollinator gardens, and native plant corridors. Provided full-service maintenance including volunteer event prep, irrigation tune-ups, soil health restoration, and compliance documentation. ● Lynwood Unified School District: A total of 15 school campuses are currently scheduled for full greening through multiple grant-funded programs (CAL FIRE, ReLeaf, Inflation Reduction Act). These projects include full demolition of asphalt, custom irrigation installations, planting of native trees and shrubs, soil remediation, and the creation of vibrant green schoolyards that promote student wellness, heat reduction, and biodiversity.
Landscape Maintenance
TreePeople: SLA has been a trusted partner of TreePeople for several years, delivering large-scale tree planting and school greening initiatives across Southeast Los Angeles. Through this partnership, SLA has successfully planted over 1,000 trees in cities such as Bell Gardens, South Gate, Lynwood, and Cudahy. These projects were part of TreePeople’s Urban Forestry and Climate Resilience efforts, targeting communities with limited green infrastructure to improve public health outcomes, reduce heat island effects, and enhance walkability.
In addition, SLA was hired by TreePeople to green over 10 public school campuses throughout Los Angeles. Our scope of work for these projects included the full transformation of asphalt-dominant schoolyards into nature-based environments.
This work involved demolition, irrigation installation, soil remediation, planting of drought-tolerant and native vegetation, and ongoing maintenance. Each of these projects incorporated community engagement, educational programming, and volunteer coordination to build school ownership and long-term stewardship.
Conservation Corps of Long Beach: SLA was hired as a subcontractor to support ongoing public site landscape maintenance in collaboration with the Conservation Corps of Long Beach. Our crews provided professional services across multiple park and community sites throughout the City of Long Beach. This included turf and shrub maintenance, bi-weekly mowing and edging, irrigation diagnostics and repair, hardscape cleaning, weed abatement, seasonal color installations, and green waste hauling. These efforts contributed to improved park usability, higher community satisfaction, and increased environmental performance of these public green spaces. Additionally, SLA worked closely with Corps participants to support job training and offer mentorship pathways to state-approved union apprenticeships.
School Greening & Maintenance
● Los Angeles Unified School District (LAUSD): Completed over 40 full school greening projects, many in high-need areas. Work includes:
○ Full-scale landscape conversions from asphalt to green space ○ Lawn renovation and reseeding programs
○ Tree planting and staking (with over 2,500 trees planted and maintained)
○ Integrated pest management plans
○ Bioswale installations and rainwater capture
○ Long-term maintenance plans coordinated with school site staff
● SLA’s work on LAUSD campuses meets all LAUSD OAR, DSA, and labor compliance protocols. We also conduct educational events, student workshops, and teacher engagement training.
● Total of 40+ school campuses across LA County transformed into green learning environments.
Technical Highlights
● Over 500,000 square feet of asphalt removed and replaced with native planting and irrigation.
● Over 2,500 trees were planted and maintained with species including coast live oak, western redbud, and toyon.
● Over 30 acres of landscape under irrigation management. ● Adaptive turf and sports field maintenance, including dethatching, overseeding, infield drag, topdressing, and mowing schedules customized by grass species.
● Ongoing collaboration with TreePeople, CAL FIRE, California ReLeaf, LAUSD, and numerous cities.
KEY PERSONNEL
Jessie Salazar — Founder & President
Licensed Landscape Contractor & Tree Contractor (#1000327) B.S. in Landscape Architecture, Cal Poly San Luis Obispo 10+ years managing large-scale municipal and school landscape projects. Specialist in community-driven design, public sector project management, and labor compliance.
Abel Salazar — Account Manager / Irrigation Technician
Certified in Hunter University Irrigation Systems
Expert in ET-based controllers, PVC troubleshooting, and low-pressure diagnostics.
Coordinates site maintenance timelines and quality assurance.
Sergio Saldana — Superintendent
Project leader overseeing daily field ops. Expert in athletic field maintenance and large team coordination. Works closely with cities, school districts, and subcontractors.
Erin Canales — Assistant Superintendent
UC Berkeley-trained designer with a focus on sustainable schoolyard greening.
Manages staging, implementation, and plant selection in collaboration with project partners.
Oscar Perez — Lead Crew Member
Union apprentice (Local 345) and SLA graduate. Specializes in tree pruning, shrub care, mowing operations, and irrigation retrofits.
Jose Guzman, Edgar Gonzalez, Ernesto Marroquin, Armando Lopez — Laborers (Local 300 & 345)
Trained and certified team with combined decades of experience. Skilled in safety practices, daily site maintenance, and stormwater-friendly landscape care.
Manuel Figueroa — Workforce Supervisor
Coordinates jobsite mentoring, performance tracking, and pre-apprenticeship alignment. Ensures SLA participants gain valuable hands-on experience and graduate career-ready.
Additional Support Team:
● Certified Pest Control Applicators
● Irrigation Installers & Maintenance Technicians
● Sports Turf Maintenance Crew
● Tree Planting Specialists
● Community Engagement & Workshop Coordinators
COMMITMENT TO BELL GARDENS
We are based in Southeast LA, and our team lives in the very neighborhoods we serve. We know the climate, the plants, and the people. Our promise to Bell Gardens:
● Eco-friendly products: All fertilizers, weed controls, and pest management tools are EPA-certified and low-impact.
● Weekly irrigation checks: Includes valve inspections, controller programming, lateral and head alignment, pressure testing, and system flushing.
● Trash pickup & restroom service: Daily maintenance with detailed logbooks, graffiti removal, waste disposal, and restroom sanitization and restocking.
● Sports field management: Includes turf aeration, overseeding, topdressing, mound maintenance, infield drag and level, and field striping. ● Tree and shrub care: Pruning, pest inspection, fertilization, and replacement of dead or damaged plant material.
● Weed abatement and mowing: Weekly mowing of turf, trimming of edges, and safe herbicide application in hardscape areas.
● Debris and litter removal: Daily and weekly cleanup across medians, sidewalks, planters, tree wells, and parkways.
● Irrigation repair and retrofits: Rapid-response service for broken pipes, nozzles, or valves, as well as conversion to low-water systems where applicable.
● Hardscape and pathway cleaning: Sweeping, blowing, pressure washing, and hazard reporting.
● Public safety and traffic control: All SLA crews are trained in CAMUTCD protocols and use cones, signs, and protective gear.
● Emergency response: SLA offers 24-hour emergency contact for landscape-related hazards, flooding, vandalism, and public complaints. ● Seasonal color planting and mulch refresh: Rotation of flowering species, mulch reapplication, and soil amendment as needed. We know the climate, the plants, and the people. Our promise to Bell Gardens:
● Green products: All fertilizers, weed controls, and pest management tools are EPA-certified and low-impact.
● Detailed irrigation checks: Weekly inspections, controller programming, valve checks, and flow adjustments.
● Trash pickup & restroom service: Performed daily, with detailed logbooks and rapid-response protocols.
● Sports field management: We follow field-specific standards using Hilltopper mound clay, Angel Mix, and annual dethatching. ● Debris and litter removal: Performed daily and weekly across all medians, sidewalks, parks, and civic properties.
● Public safety: All staff are trained in traffic control and wear high-visibility uniforms and PPE. We comply with all CAMUTCD requirements.
CLOSING ST ATEMENT
SLA is uniquely positioned to meet the City of Bell Gardens’s landscape maintenance needs. We bring together technical expertise, deep-rooted local knowledge, and a bold social mission. As a certified social enterprise, we go beyond traditional contracting—we transform public spaces while preparing the next generation of skilled workers through hands-on training and union apprenticeship pathways.
We understand that the landscape is more than just plants and trees—it’s a reflection of community values, civic pride, and long-term sustainability. Our approach ensures that every project delivers measurable impact both environmentally and socially.
Partnering with SLA means:
● High-quality, proactive landscape maintenance rooted in horticultural best practices
● A fully unionized workforce trained through our state-recognized pre-apprenticeship program
● Local job creation for residents facing barriers to employment and local unemployed workforce
● Environmental transformation of public spaces using sustainable maintenance practices
● Increased community pride and civic engagement through visible, revitalized spaces
● A more just and equitable economy where public investment directly benefits the local workforce
We are proud of our track record and look forward to the opportunity to bring our expertise, energy, and values to the City of Bell Gardens—delivering results that your residents can see, feel, and be proud of every day.
We look forward to the opportunity to serve Bell Gardens.
Contact:
Jessie Salazar, President
Email: [email protected]
Phone: 310 529-2291
IMPACT BY THE NUMBERS
Figure 1: Landscape Maintenance Growth (2016–2024)
Landscape Maintenance Growth
Since 2016, SLA has experienced steady and strategic growth in its landscape maintenance operations. What began as a small-scale effort to maintain public green spaces has evolved into a full-scale division delivering professional, union-supported maintenance services across school districts, municipal corridors, and the community. Over this eight-year period, SLA has expanded its client base, diversified its service offerings, and strengthened its capacity to manage complex, multi-site contracts—while maintaining a strong focus on environmental stewardship, quality control, and workforce development. This growth reflects not only our technical capabilities, but also the trust we've built with public sector partners who value reliable service, local job creation, and sustainable community impact.
PROPOSAL DECLARATION FOR LANDSCAPE MAINTENANCE SERVICES
PROPOSAL
We, the undersigned, hereby submit our proposal in response to the City of Bell Gardens’s Landscape Maintenance RFP and make the following declarations:
1. Insurance Requirements
We confirm that our organization meets all insurance requirements as outlined in the City’s Sample Professional Services Agreement, including General Liability, Automobile Liability, Workers’ Compensation, and any additional coverage required for this contract.
2. Traffic Control Compliance
We confirm that we will fully comply with all traffic control and public safety regulations in accordance with the California Manual on Uniform Traffic Control Devices (CAMUTCD), as well as all applicable City, State, and Federal requirements for median and roadway work.
3. Acknowledgement of Addenda
We acknowledge receipt and full understanding of Addenda 1, 2, 3, 4 and 5 issued by the City of Bell Gardens pertaining to the Landscape Maintenance RFP 2025. Our proposal has been prepared accordingly and includes all revisions or clarifications presented in these addenda.
We appreciate the opportunity to submit this proposal and look forward to the potential of serving the City of Bell Gardens.
Sincerely,
Jessie Salazar
President