City of Hawaiian Gardens
Public Works Department
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
(562) 420-2641
REQUEST FOR PROPOSALS
FOR
Citywide Graffiti Removal, Pressure
Washing, Street Cleanup, and
Landscaping Services
Approved for
Advertising By:
Neema Ghanbari, P.E., Public Works Director
SUBMITTAL DEADLINE
2:00 p.m. on Wednesday, May 6, 2026
Attachment A
Neema
Ghanbari
Digitally signed by Neema
Ghanbari
Date: 2026.04.14 12:55:42
-07'00'
1 INTRODUCTION
The City of Hawaiian Gardens (“City”) is seeking proposals from qualified contractors to provide comprehensive citywide services, including graffiti removal, pressure washing, street cleanup, bulky item pickup, and landscaping maintenance. The objective of this Request for Proposals (“RFP”) solicitation is to identify the proposer in the best interest of the City to provide these services over the course of a proposed contract term.
The City has recently been awarded a Clean California grant from Caltrans to support efforts to reduce waste and beautify public spaces. The primary goal of the Clean California program is to provide funding to local and regional public agencies, transit agencies, and tribal governments to address waste and debris in public rights-of-way, tribal lands, parks, pathways, transit centers, and other shared spaces. Through this program, the City will implement projects that enhance, rehabilitate, restore, and install improvements to beautify and elevate the quality of these public areas.
The City reserves the right to make multiple awards if doing so serves in the best interest of the City. Final contract terms, including compensation and length of the agreement are subject to final City and/or City Council approval. The contract term shall be for one (1) year, with the City receiving the option to grant two (2) one-year extensions at the end of the term.
1. PROJECT SCHEDULE
The anticipated project schedule is outlined as follows:
1. RFP Submittal Deadline: 2:00 p.m. on Wednesday, May 6, 2026
2. Non-Mandatory Walk-Through 10:00 a.m. on Wednesday, April 29, 2026
3. Question Deadline April 30, 2026, by 1:00 p.m.
4. Determination of Most Qualified Vendor(s)
5. Contract Award (May/June 2026)
2. SCOPE OF WORK
The contractor shall provide all labor, materials, equipment, supervision, and transportation necessary to perform the following services:
2.1 GRAFFITI REMOVAL AND PRESSURE WASHING
1- Contractor shall provide comprehensive graffiti abatement and pressure washing services for public property and authorized private property identified in the attached Project Location Map (Attachment A), including inspection, documentation, removal, reporting, and ongoing monitoring within designated service areas.
2- Contractor and/or subcontractor shall possess and maintain a valid State of California C-33 Painting and Decorating Contractor License in good standing for the duration of the contract.
2 3- Contractor shall provide on-call, as-needed pressure washing services for sidewalks, bus shelters, and related public infrastructure within designated service areas.
4- Contractor shall demonstrate a minimum of three (3) years of verifiable experience providing graffiti abatement and/or pressure washing services of similar size and complexity.
5- Contractor shall employ trained and qualified personnel experienced in graffiti removal and pressure washing techniques, surface restoration, and the safe handling of equipment and environmentally compliant cleaning agents. 6- Contractor shall remove graffiti using environmentally safe, non-toxic, and surface-appropriate methods that restore the affected surface to its original condition to the greatest extent possible without causing damage. 7- Contractor shall monitor assigned service areas on a daily basis and proactively identify and remove graffiti occurrences during the contract operation hours. 8- Contractor shall respond to all City-issued service requests within one (1) hour via phone or email acknowledgment and shall complete removal within the same business day unless otherwise directed by the City.
9- Contractor shall prioritize graffiti removal and pressure washing in high-visibility locations, public rights-of-way, and designated hotspot areas as identified by the City’s municipal code.
10-Contractor shall complete removal of all identified graffiti before the end of each work shift unless otherwise approved by the City’s designated representative. 11-Contractor may be directed to perform graffiti abatement and pressure washing on private property visible from the public right-of-way and shall not perform such work without a signed liability release form executed by the property owner and approved by the City.
12-All Contractor service vehicles used for graffiti abatement and pressure washing shall be properly maintained, equipped with functional pressure washing equipment, and contain on-board color-matching technology suitable for field use.
13-Contractor shall utilize removal methods approved by the Public Works Supervisor or designee, including but not limited to painting, pressure washing, steam cleaning, sandblasting, chemical removal using environmentally safe solvents, and mechanical methods such as wire brushing, with method selection based on surface type and condition.
14-Contractor shall ensure all paints and coatings used match existing surface colors to the satisfaction of the City, and no additional compensation shall be 3 provided for repainting due to inadequate color matching. 15-Contractor shall provide accurate color matching for all surfaces, including painted, textured, and natural materials such as masonry, concrete, and rock formations, utilizing on-board color-matching technology. 16-Contractor shall document each graffiti incident with before-and-after photographs and maintain accurate records of all work performed. 17-Contractor shall submit a daily activity report to the Public Works Supervisor or designee in a format approved by the City, including location, date and time of service, removal method used, and materials applied.
18-Contractor shall comply with all applicable federal, state, and local environmental regulations, including South Coast Air Quality Management District requirements, the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, and National Pollutant Discharge Elimination System requirements.
19-Contractor shall implement Best Management Practices to prevent discharge of pollutants, wastewater, debris, or chemicals into storm drains and shall properly contain, collect, and dispose of all waste generated during graffiti removal activities.
20-Contractor shall ensure that all graffiti removal work meets high-quality standards, achieving complete or near-complete removal with minimal visible staining or shadowing whenever feasible.
21-Contractor shall perform all work in a manner that minimizes disruption to the public and maintains a safe work environment.
22-Contractor shall maintain effective communication with the City’s designated representative and promptly report any hazards, damages, or unusual conditions encountered during the performance of work.
2.2 STREET CLEANUP AND TRASH PICKUP
1- Contractor shall provide routine and as-needed street cleanup and trash pickup services within the public right-of-way identified in the attached Project Location Map (Attachment A), including sidewalks, curb and gutter, street pavement, parkways, medians, transit stops, and other City-designated areas. 2- Contractor shall collect and properly dispose of all litter, trash, debris, and loose waste materials encountered within the service area in accordance with all applicable local, state, and federal regulations.
3- Contractor shall pick up bulky items, including but not limited to furniture, mattresses, appliances, and other large discarded materials, within the public rightof-way and shall transport such items to designated City-approved disposal 4 locations, including the Public Works maintenance yard or as otherwise directed by the City.
4- Contractor shall deposit all collected trash and debris into City-provided bins located within the Public Works maintenance yard or other designated disposal facilities specified by the City.
5- Contractor shall replace trash liners in all City-provided receptacles located within the public right-of-way, including those adjacent to bus shelters, on a daily basis or as otherwise directed by the City.
6- Contractor shall ensure all work is performed during approved contract operating hours unless otherwise authorized in writing by the City. 7- Contractor shall maintain cleanliness and orderliness of all assigned areas, ensuring removal of all visible trash and debris to maintain a clean and safe public environment.
8- Contractor shall ensure compliance with all applicable traffic laws and shall implement appropriate traffic control measures when vehicles are parked or operated on public streets during service activities.
9- Contractor shall ensure that no driveways, private property entrances, fire lanes, or emergency access points are blocked at any time during operations. 10-Contractor vehicles shall be properly marked with the company logo and shall be equipped with operational flashing amber warning lights when performing field work in the public right-of-way.
11-Contractor employees shall wear standardized company uniforms and visible name tags at all times while performing work under this contract. 12-Contractor shall furnish all labor, supervision, equipment, tools, and materials necessary to perform the work, including but not limited to hand tools, collection equipment, safety equipment, and transport vehicles.
13-Contractor shall ensure all collected waste is securely contained during transport to prevent littering, spillage, or environmental contamination. 14-Contractor shall comply with all applicable environmental regulations and ensure proper handling, transport, and disposal of waste materials. 15-Contractor shall maintain safe working conditions at all times and shall implement appropriate safety practices to protect workers, pedestrians, cyclists, and motorists. 16-Contractor shall promptly report any hazardous conditions, illegal dumping sites, damaged infrastructure, or unusual findings to the City’s designated representative. 17-Contractor shall document work performed, including locations serviced, types and estimated quantities of waste collected, and any bulky items removed or 5 transported.
18-Contractor shall provide activity reports to the City on a frequency and format determined by the City’s Public Works Supervisor or designee. 19-Contractor shall ensure all work areas are left in a clean, safe, and hazard-free condition upon completion of services.
20-Contractor shall immediately respond to City-directed cleanup requests within the timeframes established by the City.
21-Contractor shall perform all services in a professional and courteous manner when interacting with the public, City staff, and other stakeholders.
2.3 LANDSCAPING MAINTENANCE
1- Contractor shall provide full landscaping maintenance services for designated arterial corridors identified in the attached Project Location Map (Attachment A), including parkways, medians, and other landscaped public right-of-way areas. 2- Contractor and/or subcontractor shall possess and maintain a valid California C-27 Landscaping Contractor License in good standing for the duration of the contract. 3- Contractor shall maintain all plant materials, shrubs, groundcover, and landscaped areas in a healthy, neat, and visually attractive condition consistent with City standards for beautification.
4- Contractor shall perform routine trimming, pruning, and shaping of bushes, shrubs, and groundcover on an as-needed basis, and as directed or approved by the Public Works Supervisor or designee.
5- Contractor shall trim and maintain small trees located within parkways and medians to ensure proper clearance, visibility, and aesthetic appearance. Contractor shall acknowledge that palm trees exceeding approximately twenty (20) feet in height are excluded from this scope of work and are maintained under a separate contract. 6- Contractor shall provide regular mowing and edging of all turf areas within the designated service areas on a weekly basis, or more frequently as needed to maintain a clean and well-maintained appearance.
7- Contractor shall inspect, monitor, and maintain all irrigation systems, including drip irrigation and sprinkler systems, to ensure proper functionality and efficient water distribution.
8- Contractor shall promptly identify and report irrigation system failures, leaks, or inefficiencies to the City and shall perform minor irrigation repairs as needed to maintain system performance and landscape health. All irrigation repairs beyond routine maintenance shall require prior City approval. Contractor shall provide a detailed written cost estimate for review and approval before performing any non- 6 routine repair work.
9- Contractor shall ensure that any proposed installation of additional plants, shrubs, or trees is submitted to the City for review and approval prior to procurement or installation. All associated costs shall be reviewed and approved by the City in advance.
10-Contractor shall ensure that all landscaping work performed within street parkways, medians, and other roadway-adjacent areas complies with all applicable traffic safety requirements and the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the California Work Area Traffic Control Handbook (WATCH Manual).
11-Contractor shall be responsible for implementing appropriate traffic control measures, including cones, signage, barricades, advance warning devices, and flagging operations when working in or adjacent to live traffic lanes. 12-Contractor shall ensure that all work zones are set up and maintained in a manner that protects workers, motorists, cyclists, and pedestrians at all times. 13-Contractor shall not block travel lanes, bicycle lanes, driveways, fire access routes, or pedestrian access paths at any time unless explicitly authorized and properly controlled under an approved traffic control plan.
14-Contractor shall ensure all employees assigned to field operations are properly trained in traffic safety procedures and the requirements of the MUTCD and WATCH Manual.
15-All Contractor vehicles used in the performance of work under this contract shall be clearly marked with the company logo and shall be equipped with operational flashing amber warning lights at all times during field operations. 16-Contractor shall maintain all landscaped areas in a manner that supports the City’s beautification goals for major corridors, ensuring a consistent and uniform appearance across all designated sites.
17-Contractor shall remove weeds, invasive growth, and unwanted vegetation from sidewalks, curb and gutter, pavement surface, landscaped areas, tree wells, parkways, and medians on a regular basis to maintain a clean and safe environment.
18-Contractor shall ensure all clippings, green waste, and debris generated from maintenance activities are properly collected, removed, and disposed of in accordance with applicable regulations.
19-Contractor shall provide all labor, supervision, equipment, tools, materials, and supplies necessary to perform all required landscaping services under this contract. 20-Contractor shall maintain all irrigation components, including controllers, valves, emitters, sprinkler heads, and drip lines, in proper working condition and shall adjust 7 systems seasonally as needed for efficiency and plant health. 21-Contractor shall ensure that all work is performed in a professional manner that minimizes disruption to traffic, pedestrians, and adjacent property owners. 22-Contractor shall comply with all applicable local, state, and federal environmental regulations, including water conservation requirements and irrigation efficiency standards.
23-Contractor shall promptly report any hazardous conditions, vandalism, damage, or significant landscape issues to the City’s designated representative. 24-Contractor shall maintain all work areas in a safe, clean, and orderly condition during and after completion of services.
25-Contractor shall provide regular maintenance activity reports to the Public Works Supervisor or designee in a format and frequency determined by the City. 26-Contractor shall coordinate all maintenance activities with the City to ensure consistency with approved maintenance schedules and operational priorities.
3. WORK SCHEDULE AND RESPONSE REQUIREMENTS
1- Contractor shall perform all contract work Monday through Friday between the hours of 6:00 AM and 12:00 PM, unless otherwise approved in writing by the City.
Work activities may include graffiti abatement on public right-of-way surfaces (including walls, poles, signs, and related infrastructure), pressure washing of sidewalks, curb and gutter, street furniture (including benches and bus shelters), trash and debris removal from streets, and landscaping and irrigation system maintenance, including tree maintenance on an as-needed basis and in accordance with Cityapproved schedules. 2- The specified work hours do not require continuous on-site presence for the entire duration if all assigned tasks have been completed; however, Contractor shall remain fully responsible for ensuring all required services are completed within the designated service area and contract requirements during the scheduled work window. 3- Contractor shall maintain operational readiness and availability during the entire contract work schedule and shall be capable of responding to City requests, service calls, or newly identified work locations within one (1) hour during active work hours (6:00 AM to 12:00 PM).
4- Contractor shall respond to newly identified graffiti, missed locations, or additional service needs reported by the City or observed during field operations and shall mobilize to the location and complete required abatement within the same work shift whenever feasible.
8 5- Contractor shall proactively inspect assigned areas during each service day and shall identify and address graffiti, trash, or maintenance issues without requiring direct instruction when encountered within the scope of work.
6- Contractor shall ensure that all scheduled and unscheduled work activities are completed in accordance with City priorities, approved maintenance schedules, and applicable performance standards.
7- Contractor shall coordinate closely with the City’s designated representative to confirm daily work assignments, adjust priorities as needed, and ensure efficient deployment of resources across all service categories.
4. EMERGENCY SERVICES
The Contractor shall provide emergency services on an as-required basis. The emergency service shall be available on a 24-hours basis, weekends and legal holidays included. The Contractor shall supply the City with an after-hours emergency telephone number. The Contractor shall be capable of responding to an emergency within two (2) hours after notification for system problems by an authorized City representative. All labor (both straight and overtime), travel costs, parts, supplies and any other expenses incurred on an emergency service call shall be invoiced separately by the Contractor.
5. SERVICE PERFORMANCE
The City contact or City representative shall immediately notify the Contractor of any service deficiencies including but not limited to:
• Delays in completing work
• Failure to perform services according to schedule
• Reporting incomplete or delayed
• Substandard or non-compliant work
Deficiencies must be corrected by the Contractor within one (1) working day, or longer, if agreed to in advance by the City.
6. WORK LOCATION AND TRAINING REQUIREMENTS
The work shall be performed at the following Locations and according to the attached Project Location Map (Attachment A):
1- Carson Street between Pioneer Boulevard and Bloomfield Avenue 2- Norwalk Boulevard between 226th Street and Centralia Street 3- Bloomfield Avenue between Carson Street and North City limits 4- Pioneer Boulevard Between Civic Center Drive and 215th Street 9 Before work begins, the Contractor shall furnish the City with a list of the assigned staff. Staff furnished by the Contractor shall be cooperative with City staff, reliable, properly experienced, and efficient in planning in doing the work required. Assigned staff shall maintain current and applicable licenses for the work performed under this Contract. All pressure washing and landscaping work will be done by trained and certified staff in compliance with current regulations and laws.
Staff will wear appropriate PPE for the task. The Contractor will ensure that all OSHA standards are met.
7. REFERENCES
If Proposer has not done business with the City within the previous three (3) years, Proposer shall be required to provide two (2) customer references (government or private industry) for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the City. Customer contact information must be submitted at the time of proposer is provided.
8. Replacement Equipment, Parts, Materials, and Equipment Rentals: All will be supplied by the contractor at contracted % markup as shown in the Cost File.
Receipts will be required at the time of invoicing to substantiate percentage markup.
All shall be charged at cost plus no more than a 15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the Cost File (Attachment B).
9. ADDITIONAL SERVICES
The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.
10. CONTRACT PERIOD, RENEWAL, AND PRICE ADJUSTMENT
The contract term shall be for one (1) year, with the City receiving the option to grant two (2) one-year extensions at the end of the term.
Before each contract renewal period, the maximum total compensation for that contract period may be increased up to 3% from the preceding year based on approval by the City. The City in its discretion may base increases in the contract price on relevant fluctuations in the Construction Cost Index for the Los Angeles County Area in the Engineering News Record.
Should an award be made, the selected Contractor(s) will enter into a contract services agreement with the City of Hawaiian Gardens to provide these services. The City anticipates a contract start date around May/June 2026. 10 11. PROPOSAL SUBMITTAL
Interested firms shall submit one (1) electronic PDF copy (via e-mail or downloadable link) of their qualifications to the City of Hawaiian Gardens by: 2:00 p.m., May 6, 2026. File sizes shall not exceed 5MB. 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.
RFP shall be directed to: Neema Ghanbari, P.E., Public Works Director [email protected]
12.PROPOSAL FORMAT AND CONTENT
The proposal shall be brief, precise, and shall not include unnecessary promotional material. The proposal shall not exceed 15 single sided pages, excluding resumes.
The proposal should contain the following elements in the exact order and segmentation listed below:
1.Cover Letter. Describe your firm or team’s interest and commitment in providing services to the City. The letter shall be signed by a person authorized to negotiate a contract with the City.
2.Staffing, Team Experience and Understanding of Project and Objectives.
Describe the qualifications and experience of the team members expected to be assigned to this project. The description shall include previous experience with similar projects, including pictures. Include an organization chart and provide a matrix including which projects team members have worked on together in the past.
3.Work Plan, Schedule, and Resumes. Discuss your firm’s understanding of the scope of work to be performed and level of effort expected to be performed by each resource. Include single page resumes of the technicians, key personnel and subContractors (if any) to be assigned to the project.
4.References. Provide at least two references (name, agency, title, address and telephonenumber) for recent similar or related work
5. Cost. Provide a fully completed and filled-out version of “Attachment B”.
13. MISCELLANEOUS
a. Standard City Contract Services Agreement
The contractor will enter into an agreement with the City based upon the contents of the RFF and the contractor’s response. The City’s standard form ofagreement is included as Attachment “C”. The contractor shall carefully review the agreement, especially the indemnity and insurance provisions.
11 b. Modification or Withdrawal of Submittals
Any proposal received may be withdrawn or modified prior to the RFP submittal date by written request to the CITY by the prime consultant. c. Property Rights
Proposals received become the property of the City of Hawaiian Gardens. d. Confidentiality
Before award of the contract, all proposals will be designated confidential. After award of the contract all proposals become public record. Contracts are considered awarded after they are fully executed by both parties and approved by the CITY. Any language purporting to render any portion of the proposals to be excluded from public review will be regarded as non-effective and will be disregarded.
e. Addendum to Request for Qualifications
The CITY reserves the right to amend the RFP Notice by addendum before the final RFP submittal date.
f. Non-Commitment of the CITY
This RFP does not commit the CITY to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services.
All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract. g. Americans with Disabilities Act
The consultant shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. Section 12101 et seq.).
h. Conflict of Interest Concerning Consultant(s)
Prospective consultants shall disclose any financial, business, or other relationship with the City of Hawaiian Gardens that may have an impact upon the outcome of this contract. Prospective consultants shall also list current clients who may have a financial interest in the outcome of this contract.
There will be no modifications or exceptions to the standard contract agreement. 12 i. References
The CITY reserves the right to check references not only for those stated in the RFP but also references from the CITY’s consultant evaluation reports. Reference information provided in the RFP found to be in error may be reflected as a reduction in the evaluation score.
j. Prevailing Wage
This project shall be subject to Prevailing Wage standards as set forth by the Department of Industrial Relations of the State of California.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code – including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code regarding apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act”.
14. CONTRACTOR EVALUATION AND SELECTION PROCESS
The award of an agreement will be made to the most Contractor(s) whose proposal is in the best interest of the City. 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 Consultant to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by City staff, including the Public Works Director, and will be ranked based on the following criteria:
1. Comprehension of the Request for Proposals
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
• Experience of the firm
• Staffing and resources
13 • Qualifications and experience of proposed personnel
3. References
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. 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 Consultants 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;
• Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Consultant’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 above.
The successful Consultant 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 assure 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 Consultant 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 14 rejection(s).
The City staff will negotiate a contract with the contractor(s) in the best interest of the best interest of the City for the desired services. In the event City staff is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. Failing accord with the second most qualified firm, the City staff will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached, a firm is selected and an agreement is executed.
ATTACHMENT
Attachment “A” Project Location Map
Attachment “B” Cost Proposal
Attachment “C” Sample Contract Services Agreement
Attachment “D” Payment Bond
ATTACHMENT A: PROJECT LOCATION MAP
Hawaiian Gardens Beautification Project
Citywide Graffiti Removal, Pressure Washing, Street Cleanup, and Landscaping Services Attachment B “Cost Proposal”
COST FILE INSTRUCTIONS
A. All work shall be performed in accordance with specifications as described in the RFP.
B. Please enter your proposed pricing in the spaces provided below.
C. Pricing provided in this Cost File will assist in the determination of the contract award.
Unreasonable prices may result in rejection of the entire bid proposal. The City reserves the right to request changes and/or negotiate any Cost File as needed to complete the award process.
D. Proposer shall submit a fixed price Cost File for the entire duration of one (1) year contract term. Proposers are encouraged to provide their best pricing. Once the RFP is closed, the City will not accept a revised price unless clarification is requested by the RFP administrator.
E. Pricing provided shall include any and all labor, prevailing wage; transportation, truck charges (fuel, milage, toll fees, etc.), traffic control, consumable, materials, equipment; supervision; travel and expenses; inflation/increases (outside of any agreed upon CPI adjustments); and insurance and bonds to provide the services as described in the RFP. Receipts on any billable items or services shall be provided with invoice.
F. Proposers shall not modify any content in this document and shall only provide responses within the boxes provided.
G. Proposer shall be solely liable for compensation due to employees and adhere to all minimum wage requirements and overtime guidelines. Proposer shall consider the State of California mandate and provide a cost proposal accordingly to ensure minimum wage requirement is met each year of the resultant contract.
H. The Cost File shall be valid for 180 calendar days from the closing date of the RFP. If the offer is accepted within that time period, the Proposer agrees to provide all services and items as stipulated in the RFP and any accompanying addenda.
B-1
Attachment B “Cost Proposal”
Section 1: Cost Proposal for “Citywide Graffiti Removal, Pressure Washing, Street Cleanup, and Landscaping Services”
SERVICE
DESCRIPTION
COST FOR MONTHLY
MAINTENANCE
TOTAL ANNUAL
MAINTENANCE COST
Graffiti Removal and
Pressure Washing
$ $
Street Cleanup & Trash
Pickup
$ $
Landscaping & Tree
Maintenance
$ $
Total for all services $ $
B-2
Attachment B “Cost Proposal”
Yes No
Section 2: On-Call Repair Services Pricing
UNIT MINIMUM HOURS COST
Labor Charge Hours $ _ Per Hour
After Hours Labor
(To be used for work
performed after HOURS
Monday – Friday, and all of
Sat., Sun., and holidays.
Hours $ Per Hour
Replacement Equipment,
Parts, Materials, and
Equipment Rentals Markup %
(Maximum 15%)
%
Other Costs: In the space below, please indicate if other costs/services may be associated with providing the requested services in this RFP that are not included in the tables above. The costs provided in this section may be used to assist in the determination of the contract award. If the “Yes” box is checked, separate page(s) must be attached as part of the Cost File.
B-3
Attachment B “Cost Proposal”
The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Hawaiian Gardens public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Proposer Signature Date
Printed Name and Title
B-4
Attachment “C”
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND [CONTRACTOR]
This AGREEMENT is entered into this day of , by and between the CITY OF HAWAIIAN GARDENS, a general law city a municipal corporation (“CITY”) and [CONTRACTOR] (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.”
R E C I T A L S
A. The CITY desires to obtain [INSERT PROFESSIONAL SERVICES SOUGHT].
B. The CITY does not have the personnel able and/or available to perform the services required under this agreement and therefore, the CITY desires to contract for services to accomplishthis work.
C. The CONTRACTOR warrants to the CITY that it hasthe qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The CITY desires to contract with the CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the CITY and the CONTRACTOR agree as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONTRACTOR An amount not to exceed [INSERT TOTAL AMOUNT OF AGREEMENT] during the term of the Agreement as specified in paragraph 7 below, for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.
SCOPE OF SERVICES. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to beperformed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is [NAME OF CONTACT]. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the CITY.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on [INSERT TERM], unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any timewith or without cause. Notice of termination shall be in writing.
CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure services similar to those terminated without restriction by this Agreement.
INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgmentrendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services. CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed.
CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, hasthe right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by the CITY to implement said corrective measures.
Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
INSURANCE REQUIREMENTS.
A. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY.
2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONTRACTOR agreesto provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement. Such approval must include approval of the proposed CONTRACTOR and the terms of compensation.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONTRACTOR, its employees, sub-contractors and agents for the accuracy and competency of the information provided
and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the CONTRACTOR, its employees, sub-contractors and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’s review of the CONTRACTOR’s report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONTRACTOR. In addition to all other available remedies, the CITY may deduct the cost ofsuch correction from any retention amount held by the CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Hawaiian Gardens
21815 Pioneer Blvd.,
Hawaiian Gardens, CA 90716
ATTN: City Manager
[NAME]
[ADDRESS]
[CONTACT]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrantsthat it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONTRACTORs, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-
use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY.
DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “CONTRACTOR” for the purposes of the California Political Reform Act because CONTRACTOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by the CITY.
CONTRACTOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONTRACTOR commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’s disclosure obligations in accordance with the CITY’s Conflictof Interest Code.
36 LABOR COMPLIANCE. As used herein, “Project” is synonymous with services described in this Agreement.
36.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
36.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
36.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
36.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
36.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
36.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
CITY Initials
CONTRACTOR Initials
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “CONTRACTOR” for the purpose of the California Political Reform Act because CONTRACTOR’s duties and responsibilities are not within the scope of the definition of CONTRACTOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the CITY’s Conflict of Interest Code.
CITY Initials
CONTRACTOR Initials
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HAWAIIAN GARDENS CONTRACTOR
Ernesto Marquez, City Manager By: [NAME]
ATTEST:
Pablo Rubio, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Norma Tabares, City Attorney
Attachment D “Payment Bond”
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hawaiian Gardens (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the AGREEMENT for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or D-1
Attachment D “Payment Bond”
under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
D-2
Attachment D “Payment Bond”
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
D-3