Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
697 8666061071 8.00$
698 8666061072 8.00$
699 8666061073 8.00$
700 8666061021 8.00$
701 8666061022 8.00$
702 8666061023 8.00$
703 8666061024 8.00$
704 8666061025 8.00$
705 8666061026 8.00$
706 8666061027 8.00$
707 8666061078 8.00$
708 8666061030 8.00$
709 8666061031 8.00$
710 8666061032 8.00$
711 8666061033 8.00$
712 8666061034 8.00$
713 8666061077 8.00$
714 8666061036 8.00$
715 8666061037 8.00$
716 8666061038 8.00$
717 8666061039 8.00$
718 8666061064 8.00$
719 8666061065 8.00$
720 8666061066 8.00$
721 8666061067 8.00$
722 8666061068 8.00$
723 8666061045 8.00$
724 8666061046 8.00$
725 8666061047 8.00$
726 8666061048 8.00$
727 8666061049 8.00$
728 8666061051 8.00$
729 8666061052 8.00$
730 8666061053 8.00$
731 8666062001 8.00$
732 8666062002 8.00$
733 8666062003 8.00$
734 8666062004 8.00$
735 8666062005 8.00$
736 8666062006 8.00$
737 8666062007 - $
5/7/2024
CITY OF LA VERNE
PAGE 19 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
738 8666062009 8.00$
739 8666062040 8.00$
740 8666062041 8.00$
741 8666062042 8.00$
742 8666062013 8.00$
743 8666062014 8.00$
744 8666062015 8.00$
745 8666062016 8.00$
746 8666062017 8.00$
747 8666062018 8.00$
748 8666062019 8.00$
749 8666062020 8.00$
750 8666062021 8.00$
751 8666062022 8.00$
752 8666062023 8.00$
753 8666062024 8.00$
754 8666062025 8.00$
755 8666062026 8.00$
756 8666062027 8.00$
757 8666062028 8.00$
758 8666062029 8.00$
759 8666062030 8.00$
760 8666062031 8.00$
761 8666062032 8.00$
762 8666062033 8.00$
763 8666062043 8.00$
764 8666062044 8.00$
765 8678065001 8.00$
766 8678065002 8.00$
767 8678065023 8.00$
768 8678065024 8.00$
769 8678065005 8.00$
770 8678065006 8.00$
771 8678065007 8.00$
772 8678065008 8.00$
773 8678065009 8.00$
774 8678065010 8.00$
775 8678065011 8.00$
776 8678065012 8.00$
777 8678065013 8.00$
778 8678065014 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 20 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
779 8678065015 8.00$
780 8678065016 8.00$
781 8678065017 8.00$
782 8678065018 8.00$
783 8678065019 8.00$
784 8678065020 8.00$
785 8678065021 8.00$
786 8678066001 8.00$
787 8678066002 8.00$
788 8678066003 8.00$
789 8678066004 8.00$
790 8678066005 8.00$
791 8678066006 8.00$
792 8678066007 8.00$
793 8678066008 8.00$
794 8678066009 8.00$
795 8678066027 8.00$
796 8678066026 8.00$
797 8678066012 8.00$
798 8678066013 8.00$
799 8678066014 8.00$
800 8678066015 8.00$
801 8678066028 8.00$
802 8678066017 8.00$
803 8678066018 8.00$
804 8678068030 8.00$
805 8678068002 8.00$
806 8678068003 8.00$
807 8678068004 8.00$
808 8678068031 8.00$
809 8678068006 8.00$
810 8678068007 8.00$
811 8678068008 8.00$
812 8678068009 8.00$
813 8678068010 8.00$
814 8678068011 8.00$
815 8678068032 8.00$
816 8678068033 8.00$
817 8678068014 8.00$
818 8678068015 8.00$
819 8678068016 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 21 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
820 8678068017 8.00$
821 8678068018 8.00$
822 8678068019 8.00$
823 8678068020 8.00$
824 8678068021 8.00$
825 8678068034 8.00$
826 8678069001 8.00$
827 8678069002 8.00$
828 8678069064 8.00$
829 8678069004 8.00$
830 8678069005 8.00$
831 8678069006 8.00$
832 8678069007 8.00$
833 8678069008 8.00$
834 8678069009 8.00$
835 8678069010 8.00$
836 8678069011 8.00$
837 8678069012 8.00$
838 8678069013 8.00$
839 8678069014 8.00$
840 8678069065 8.00$
841 8678069016 8.00$
842 8678069017 8.00$
843 8678069066 8.00$
844 8678069067 8.00$
845 8678069020 8.00$
846 8678069021 8.00$
847 8678069022 8.00$
848 8678069023 8.00$
849 8678069024 8.00$
850 8678069068 8.00$
851 8678069026 8.00$
852 8678069027 8.00$
853 8678069028 8.00$
854 8678069029 8.00$
855 8678069030 8.00$
856 8678069031 8.00$
857 8678069032 8.00$
858 8678069079 8.00$
859 8678069080 8.00$
860 8678069081 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 22 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
861 8678069082 8.00$
862 8678069083 8.00$
863 8678069073 8.00$
864 8678069039 8.00$
865 8678069040 8.00$
866 8678069041 8.00$
867 8678069042 8.00$
868 8678069043 8.00$
869 8678069044 8.00$
870 8678069069 8.00$
871 8678070001 8.00$
872 8678070002 8.00$
873 8678070003 8.00$
874 8678070004 8.00$
875 8678070005 8.00$
876 8678070006 8.00$
877 8678070007 8.00$
878 8678070048 8.00$
879 8678070009 8.00$
880 8678070010 8.00$
881 8678070011 8.00$
882 8678070012 8.00$
883 8678070013 8.00$
884 8678070014 8.00$
885 8678070046 8.00$
886 8678070016 8.00$
887 8678070017 8.00$
888 8678070018 8.00$
889 8678070019 8.00$
890 8678070020 8.00$
891 8678070021 8.00$
892 8678070022 8.00$
893 8678070049 8.00$
894 8678070024 8.00$
895 8678070025 8.00$
896 8678070026 8.00$
897 8678070027 8.00$
898 8678070028 8.00$
899 8678070050 8.00$
900 8678070030 8.00$
901 8678070031 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 23 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
902 8678070032 8.00$
903 8678070033 8.00$
904 8678070051 8.00$
905 8678070052 8.00$
906 8678071043 8.00$
907 8678071002 8.00$
908 8678071003 8.00$
909 8678071004 8.00$
910 8678071005 8.00$
911 8678071006 8.00$
912 8678071007 8.00$
913 8678071044 8.00$
914 8678071045 8.00$
915 8678071010 8.00$
916 8678071011 8.00$
917 8678071012 8.00$
918 8678071013 8.00$
919 8678071014 8.00$
920 8678071015 8.00$
921 8678071046 8.00$
922 8678071047 8.00$
923 8678071018 8.00$
924 8678071019 8.00$
925 8678071048 8.00$
926 8678071049 8.00$
927 8678071022 8.00$
928 8678071023 8.00$
929 8678071024 8.00$
930 8678071025 8.00$
931 8678071026 8.00$
932 8678071027 8.00$
933 8678071028 8.00$
934 8678071029 8.00$
935 8678071030 8.00$
936 8678071031 8.00$
937 8678071032 8.00$
938 8678071050 8.00$
939 8678071051 8.00$
940 8678072001 8.00$
941 8678072002 8.00$
942 8678072003 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 24 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
943 8678072004 8.00$
944 8678072005 8.00$
945 8678072051 8.00$
946 8678072054 8.00$
947 8678072055 8.00$
948 8678072009 8.00$
949 8678072010 8.00$
950 8678072011 8.00$
951 8678072056 8.00$
952 8678072052 8.00$
953 8678072014 8.00$
954 8678072015 8.00$
955 8678072016 8.00$
956 8678072017 8.00$
957 8678072018 8.00$
958 8678072019 8.00$
959 8678072020 8.00$
960 8678072021 8.00$
961 8678072022 8.00$
962 8678072057 8.00$
963 8678072058 8.00$
964 8678072025 8.00$
965 8678072026 8.00$
966 8678072027 8.00$
967 8678072028 8.00$
968 8678072029 8.00$
969 8678072030 8.00$
970 8678072031 8.00$
971 8678072032 8.00$
972 8678072033 8.00$
973 8678072034 8.00$
974 8678072035 8.00$
975 8678072036 8.00$
976 8678073001 8.00$
977 8678073002 8.00$
978 8678073003 8.00$
979 8678073004 8.00$
980 8678073005 8.00$
981 8678073006 8.00$
982 8678073015 8.00$
983 8678073017 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 25 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
984 8678067001 8.00$
985 8678067002 8.00$
986 8678067003 8.00$
987 8678067004 8.00$
988 8678067005 8.00$
989 8678067006 8.00$
990 8678067007 8.00$
991 8678067008 8.00$
992 8678067009 8.00$
993 8678067010 8.00$
994 8678067011 8.00$
995 8678067012 8.00$
996 8678067013 8.00$
997 8678067014 8.00$
998 8678067015 8.00$
999 8678067016 8.00$
1,000 8678067017 8.00$
1,001 8678067018 8.00$
1,002 8678067019 8.00$
1,003 8678067020 8.00$
1,004 8678067021 8.00$
1,005 8678067058 8.00$
1,006 8678067059 8.00$
1,007 8678067060 8.00$
1,008 8678067061 8.00$
1,009 8678067062 8.00$
1,010 8678067063 8.00$
1,011 8678067064 8.00$
1,012 8678067065 8.00$
1,013 8678067030 8.00$
1,014 8678067031 8.00$
1,015 8678067035 8.00$
1,016 8678067036 8.00$
1,017 8678067037 8.00$
1,018 8678067038 8.00$
1,019 8678067039 8.00$
1,020 8678067040 8.00$
1,021 8678067041 8.00$
1,022 8678067042 8.00$
1,023 8678067043 8.00$
1,024 8678067044 8.00$
5/7/2024
CITY OF LA VERNE
PAGE 26 of 27
Council Agenda Packet, June 17, 2024
2024-2025 84-1M (180.53)
NO. APN 2023/2024
======= ============ ==========
1,025 8678067045 8.00$
1,026 8678067046 8.00$
1,027 8678067047 8.00$
1,028 8678067048 8.00$
1,029 8678067049 8.00$
1,030 8678067050 8.00$
1,031 8678067051 8.00$
1,032 8678067052 8.00$
1,033 8678067053 8.00$
1,034 8678067054 8.00$
1,035 8678067055 8.00$
1,036 8666005043 28.33 $
1,037 8666005044 28.33 $
1,038 8678016017 212.18 $
1,039 8678016016 212.18 $
1,040 8678016018 212.18 $
9,885.50 $
5/7/2024
CITY OF LA VERNE
PAGE 27 of 27
Council Agenda Packet, June 17, 2024
MINUTES OF A SPECIAL MEETING, STUDY SESSION AND
REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
Monday, June 3, 2024
ACTION MINUTES
“see items in italics”
_________________________________________________________________ SPECIAL MEETING – 4:30 p.m. – Meeting called to order at 4:32 p.m.
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steve F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Lau, Kashifalghita (arrived at 5:00 p.m.), Johnson and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Sr. Management Analyst Erin Beilstein.
SPECIAL MEETING AGENDA – BUDGET
Budget overview of the proposed operating budget and capital improvement plan for fiscal year 2024/25.
Finance Director Lopez presented the overview of the city-wide balanced budget, with the following staff members then presenting their department budgets: Administration - Assistant City Manager Ranells, Finance - Director Lopez, Fire - Chief Nigg.
Mayor Hepburn adjourned the 4:30 p.m. special meeting and reconvened into the 5:30 p.m. study session.
STUDY SESSION – 5:30 p.m. - Meeting called to order at 5:30 p.m.
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steve F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Lau, Kashifalghita, Johnson and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Sr. Management Analyst Erin Beilstein.
STUDY SESSION – BUDGET
The department budget presentations continued with Police - Chief Gonzalez, Community Development - Director Scherer, Public Works - Director McWade, Community Services -
Council Agenda Packet, June 17, 2024
P a g e 2 | 5
Director Duran.
Finance Director Lopez presented the Capital Outlay and Special Programs summary portion of the budget, followed by Director McWade on the Capital Improvement Program.
City Manager Domer recapped the budget presentation.
Council discussion and comments:
Council Member Lau thanked the Finance staff for their hard work and encouraged the collaboration, so all are aware of the importance of each item in the budget.
Council Member Crosby also thanked the Finance staff and has concerns regarding the cost of PERS and the enterprise fund and maintaining the reserves.
Council Member Kashifalghita appreciates our staff and the balanced budget that was presented and that all departments are always paying attention to the needs of our public.
Mayor Pro Tem Johnson also appreciates the hard work to balance the budget.
Mayor Hepburn thanked all the departments for the diligence in the funding of all areas, the overtime situation needs to be monitored for employee burnout and possible worker’s compensation issues. Residents expect good services, but we need to keep our reserves.
Mayor Hepburn recessed the study session at 6:28 p.m.
REGULAR CITY COUNCIL MEETING – 6:30 p.m. – The Regular Meeting was called to order at 6:46 p.m.
Mayor Hepburn read the rules of decorum.
PLEDGE OF ALLEGIANCE by Life Scout Christian Weber, Troop #411 Council Member Kashifalghita, on behalf of the City Council, presented Christian Weber with a Pride of La Verne Certificate of Recognition.
ROLL CALL
Council Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
City Manager Domer conducted roll call.
Council Members present: Crosby, Lau, Kashifalghita, Johnson and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Sr. Management Analyst Erin Beilstein.
PRESENTATION – Proclamation
Pride Month is a time to celebrate the identity, rights, and inclusion of LGBTQ people, and to advocate for inclusivity.
Mayor Hepburn called forward: Sherry Best to receive the proclamation to be given to CASI at their next meeting.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
Council Agenda Packet, June 17, 2024
P a g e 3 | 5
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
Announcements were received from: Peter Hildago, Mt San Antonio College Board of Trustee Member, who introduced Mt. San Antonio colleges new President Dr. Martha Garcia. Sherry Best, La Verne Historical Society on the upcoming events.
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.) It was moved by Johnson, seconded by Lau, and approved by a vote of 5-0.
1. CITY COUNCIL MINUTES of the regular City Council meeting of May 20, 2024.
Recommendation: That the City Council approve the minutes. Approved
2. REGISTER OF AUDITED DEMANDS for the following dates and amounts:
1. $2,599,579.68, dated May 8, 2024
2. $181,751,32 dated May 16, 2024
Recommendation: That the City Council approve the Register of Audited Demands.
Approved
3. Multi-Year Agreement with Nobel Systems for GIS Services and Online Permitting.
Nobel Systems, the City's Geographical Information System (GIS) provider and consultant since 2016, has proposed a new five-year agreement for GIS services and online permitting from July 1, 2024, to June 30, 2029. Nobel is a sole-source provider that provides a full range of services all on one platform with significant investment by the City in establishing the system.
Recommendation: That the City Council approve a five-year agreement with Nobel Systems to provide online permitting and Geographic Information System (GIS) support from July 1, 2024, to June 30, 2029. Approved
4. Senate Bill 1 (CA Road Maintenance and Rehabilitation Act - RMRA) Project List for Fiscal Year 2024-2025. Adoption of a Resolution, as required by the California Transportation Commission, designating CIP Project - B Street (Bonita Avenue to Foothill Blvd) as the FY 24-25 project funded by Senate Bill 1, the Road Repair and Accountability Act of 2017 and highlighting the prior SB1 funded projects - Grove Street Neighborhood and Hayes King Neighborhood Street Rehabilitation Projects.
Recommendation: That the City Council adopt a Resolution titled, “A RESOLUTION OF
THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, ADOPTING A PROJECT LIST FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017,” approving the proposed SB1 project list for Fiscal Year 2024-25 designating B street (Bonita Avenue to Foothill Boulevard) Street Rehabilitation Project as the FY 2024-25 Project. Approved
PUBLIC HEARING
5. Old Town La Verne Business Improvement District - Affirming Annual Report and Levying Assessments. The City Council adopted the Annual Report for the Old Town La
Council Agenda Packet, June 17, 2024
P a g e 4 | 5
Verne Business Improvement District and declared its intention to hold a public hearing declaring its intention to levy an annual assessment for fiscal year 2024-2025 at their May 20, 2024 meeting. This public hearing will be held to accept any protests of the levying of the annual 2024 assessments.
Recommendation: That the City Council conduct the public hearing, accept any protests, override any such protests, and adopt the attached Resolution affirming the Annual Report and levy the annual assessments.
Community Development Director Scherer presented this item.
Mayor Hepburn opened the public hearing, and called for public comment, there was none.
Mayor Hepburn called for council comments, there were none.
Mayor Hepburn called for a motion, it was moved by Crosby and seconded Lau and approved by a vote of 5-0.
OTHER MATTERS
6. Appropriation of Funds and Award of Contract to Hardy & Harper Inc. for Grove and Hayes, King, Et Al. Local Street Improvement Project. This action will award a construction contract to Hardy & Harper, Inc. in the amount of $2,142,000 for the Grove & Hayes King Et al. Local Street Improvement Project. The project will be funded by a combination of Gas Tax, SB1 RMRA, and ROW Management funds for the repaving of existing asphalt pavement, concrete repairs, parking lot improvements, replacement of various signage and striping, and school zone crosswalk & curb ramp enhancements.
Recommendation: That the City Council:
1. Award an agreement to Hardy & Harper Inc. in the amount of $2,142,000 for Grove & Hayes King, et al Local Street Improvement Project;
2.Authorize the Public Works Director, or designee, to issue change orders not exceeding 10% of the construction budget for a total possible construction contract cost of $2,356,200; and,
3.Adopt a Resolution appropriating $355,555 from available SB1 RMRA funds - Fund 207, an additional $195,121 of available ROW Management funds – Fund 406, and an additional $468,090 from available Gas Tax Funds – Fund 206.
City Engineer Howing presented this item.
Mayor Hepburn called for public comment and there was one from resident Kathy Kalousek.
Mayor Hepburn called for council comments: Council member Lau appreciates the cost saving and streamlining.
Mayor Hepburn appreciates the combining of agreements/contracts to save money.
Mayor Hepburn called for a motion to approve and adopt the recommendations as stated, it was moved by Johnson and seconded by Crosby, approved by a vote of 5-0.
PUBLIC COMMENT
(Below are only partial public comments, please visit the City’s website to view the archived
Council Agenda Packet, June 17, 2024
P a g e 5 | 5
Council meeting.)
Mayor Hepburn called for public comments, there were two: Gary Hunter, regarding Lutheran School, and the lighting at Chelsea bridge. A resident (name not known) regarding train noise.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Mayor Hepburn called for Council comments:
Council Member Crosby reminded everyone of Bonita High Schools graduation on Thursday, and thanked everyone who was honored at the Volunteer Luncheon and would like to bring back the employee recognitions to Council, and the start of the B Street project. The Foothill Terrace neighborhood watch meeting is on Tuesday, Chief Gonzalez will be in attendance, and complimented Mt. Sac on all of the great programs offered.
Council Member Kashifalghita was happy to see everyone who turned out at the Memorial Day event to recognize and honor those who have made the ultimate sacrifice.
Council Member Lau wanted to share the ULV graduation on Memorial Day weekend was a great success and the Cid Pinedo was the undergraduate speaker and delivered a wonderful inspirational message, and the ULV Wilson Library is offering a STEAM Camp for kids, 2 one-week sessions for grades 4-8. Fourth of July tickets are now on sale online through Eventbrite, QR codes are on posters throughout the City, also a reminder to download the City app, which is useful for reporting potholes or graffiti, also Father’s Day is just around the corner.
Mayor Pro Johnson’s family attended the motorcycle class at Mt. Sac and appreciates the classes they offer.
Mayor Hepburn thanked Dr. Garcia and Mr. Hildago for attending this evening.
Concerts in the Park will be starting soon, they are free, the Downtown Business Improvement District is doing good things, Shop Local, keep your tax dollars here, no texting while driving there are lots of students out and about. Staff was thanked for all the hard work on the budget
The meeting was adjourned at 7:36 p.m.
Respectfully submitted,
Debra Fritz
Deputy City Clerk
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
5/22/2024
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONS ISTENT WITH THE CITY'S PURCHAS ING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS .
AMOUNT
I. 2,446 ,394 .50
2. 2 14,244 .51
3. 11 9,565 .56
4. 105,907 .03
5. 100,778.48
6. 99,499 .00
7. 54,828.04
8. 41 ,449.70
9. 29,625.56
10. 22,982.2 1
I 16,990.76
$ 3,352,265 .35
ISSUED TO
U.S. BANK
MIRACL E RECREATION EQUIPMENT CO.
RKA CONSULTING GROUP
MOTOROLA SOLUTIONS , INC.
STRATEGIC CONTRACTING SERVICES
CHAPMAN COAST ROOF CO ., INC.
DEPARTMENT OF JUSTICE
GREENSCAPE MAINTENANCE SERVICES INC
U.S. BANK CORPORATE PAY MENTS SYSTEM
LAYNE CHR ISTENSEN COMPANY
OTHER DEMANDS
DESCRIPT ION
LA VERNE 20 18 TAXABLE PENSION OBLIGATION BONDS
PLAYGRO UND EQUIPME T/JNSTALLA TION/FREIGHT PO #34392
MARCH 2024 BILLINGS FOR VARIOUS PROJECTS
MOTOROLA RADIO UPGRADES
PAYROLL SERVICE CONTRACT /SUPPORT STAFF 4/28/24-5/1 1/24 (LA Clear)
COMMUNITY CENTER ROOF AND SKYLIGHT REPLACEMENT
MARCH 2024 PAYROLL AND FEBRUARY OVERTIME (LA CLEAR)
MAY 2024 MAINTENANCE
I MARCH 2024 CRED IT CARD STATEMENT
NEW 150 HP VHS MOTOR , REMOVAL, INSTL AND LABOR
DEMANDS OF $13 ,849.4 1 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS .
DEMA NDS OF $992 ,601.27 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS .
WITH GOVERNMENT CODE SECTIO 37202 , I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS .
Page I of 4
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHlBIT A 5/22/2024
CHECK NO. AMOUNT ISSUED TO
169094 250.00 LA VERNE PETTY CASH
169095 3,329.56 AARDVARK
169096 199.55 AIRGAS USA , LLC.
169097 835.00 ALLOY WELDWORKS
169098 57.00 ALONG BOUT
169099 85.00 ANITA KIRKENDALL
169100 20,672.00 ASSETWORKS USA ,INC.
169101 330.75 ATKINSON ,ANDELSON,LOYA,RUUD & ROMO
169102 250.00 BRETT GUNDERSON
169103 100.00 BRIANNA FERNANDEZ
169104 1,029.00 CALIFORNIA PEST MANAGEMENT,INC.
169105 99,499.00 CHAPMAN COAST ROOF CO , INC.
169106 593.62 CHARTER COMMUNICATIONS
169107 699.00 CHARTE R COMMUNICATIONS
169108 4,600.00 CICO ELECTRICAL
CONTRACTORS, INC.
169109 2,035.00 CITY OF MONROVIA
169110 416.50 CPAC, INC.
169111 703.56 CUSTOM WATER, INC.
169112 100.00 DANIELLE ROSE
169113 547.58 DEPARTMENT OF MOTOR VEHICLES
169114 125.00 DEPT. OF INDUSTRIAL
RELATIONS
169115 372.90 DIVISION OF THE ST A TE ARCHITECT
169116 65.83 EVERSOFT
169117 137.33 FACTORY MOTOR PARTS
169118 179.60 FOOTHILL COMMUNICATIONS , INC
169119 2, 190.00 FORBES TRAFFIC SOLUTIONS, INC.
169120 550.00 FORTEL TRAFFIC, INC.
169121 442.00 FRESHMOBILECA LLC
169122 2,562.70 FRONTIER COMMUN ICAT IONS
169123 289.35 GOLDEN STATE WATER COMPANY
169124 250.00 HEDRICK FIRE PROTECTION
169125 244.59 HOLLIDAY ROCK CO.
169126 375.00 HOMETOWN RENTALS
169127 957.29 IMS REFRIGERATION , INC.
169128 14,335.25 INLAND VALLEY HUMANE SOCIETY
169129 100.00 JASMINE ESTRADA
169130 500.00 JEANETTE RODRIGUEZ
169131 214.98 KYOCERA DOCUMENT SOLUTIONS WEST LLC
169132 176.40 LIFE-ASSIST
169133 250.00 LILLIAN JIMENEZ
169134 90.00 LIVIA CASTELLANOS
169135 100.00 LORRAINE JEFFREY
169136 3,650.00 LOS ANGELES AREA FIRE CHIEFS ASSN.
169137 591.45 LOS ANGELES COUNTY PUBLIC WORKS
169138 1,000.00 LOS ANGELES DODGERS LLC
169139 108.00 MADISON MONTZ
169140 893.02 MALLORY SAFETY AND SUPPLY LLC
169141 75.00 MARIA MORENO
169142 165.00 MARY LOU ASCENCION
169143 100.00 MAX MCCOURT
169144 100.00 MELISSA CONRAD
169145 214,244.5] MIRACLE RECREATION EQUIPMENT CO.
169146 I 05,907.03 MOTOROLA SOLUTIONS , INC.
169147 528.00 MOTOROLA SOLUTIONS , INC.
169148 8,968.50 NATIONAL BUSINESS FURNITURE, LLC.
169 149 1,000.00 OLD TOWN LA VERNE BUSINESS ASSN.
169150 1,093 58 PARADISE EMBROIDERY & SCREEN PRINT.
169151 413.81 PARKHOUSE TIRE, INC.
169152 100.00 PAUL RODRIGUEZ
169153 382.00 PERMECO
169154 856.28 FERGUSON ENTER PRISES LLC #3325
169155 100.00 ROBERT A AYRE
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
169156
169157
169158
169159
169160
169161
169162
169163
169164
169165
169166
169167
169168
169169
169170
169 171
169172
169173
169174
169175
169176
169177
169178
169179
169 180
169181
169182
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
BANK DRAWN
BANK DRAWN
Total Demands
AMOUNT
2,000.00
100.00
450.13
545.89
1,698.00
21.83 12.40
500.00
15.30 184.07
3,051.12
2,422.50
24.44 163.53
600.00
2,264.02
187.49
3,358.00
1,029.77
2,847.00
349.99
3,045.79
54,828.04
27.16 389.78
887.85
450.00
7,530.92
440.51
243.04
41 ,449.70
22,982.21
7.72 I I 9,565.56
390.26
123.75
162.52
100,778.48
2,446,394.50
29,625.56
3,352,265.35
992,601.27
13,849.41
4,358,716.03
Payroll and Employee Benefit Payments:
ISSUED TO
ROTARY CLUB OF LA VERNE
RUIZORGANO
lNTERSTATE BILLlNG SERVICE lNC
SAM'S CLUB/SYNCHRONY BANK
SAN BERNARDINO VALLEY COLLEGE
SANDERS LOCK & KEY
SEQUOIA FlNANCIAL SERVICES
SERGIO MEDINA
SO CAL GAS CO
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA NEWS GROUP
SOUTHLAND MECHANICAL, lNC.
ST A TE CONTROLLER
ST ATE CONTROLLER
THE COUNSELING TEAM INTERNATIONAL
TPX COMMUNICATIONS
TRILOGY MEOW ASTE WEST, LLC
WATERT ALENT LLC
WAXIE SANITARY SUPPLY
BOTACH INC.
CHARTER COMMUNICATIONS
CHARTER COMMUNICATIONS
DEPARTMENT OF JUSTICE
FEDEX
GOYCONNECTION, INC.
ODP BUSINESS SOLUTIONS, LLC
CHRISTOPHER PAUL PERNEY!
BRENNTAG PACIFIC lNC.
COMMERCIAL DOOR COMPANY INC
GRAINGER
GREENSCAPE MAINTE ANCE SERVICES INC
LAYNE CHRISTENSEN COMPANY
POMONA TRUCK & AUTO SUPPLY
RKA CONSUL TING GROUP
SUN BADGE CO.
UNDERGROUND SERVICE ALERT OF SO CAL
WESTERN WATER WORKS
STRATEGIC CONTRACTING SERVICES
U.S. BANK
U.S. BANK CORPORATE PAYMENTS SYSTEM
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
169 188 510.00 CITY OF LAVERNE EMPLOYEE FUND
169189 350.00 FIDELITY INVESTMENTS #P0754
169190
169191
EFT
EFT
EFT
Bank Draw
Bank Draw
Bank Draw
Bank Draw
Bank Draw
Bank Draw
Bank Draw
254.82
4.00 3,058.25
2,260.60
2,396.87
601 ,086.90
118,409.68
41,208.73
1,115.46
182,072.69
28,687.51
6,929.24
HEATHER REYES
UNITED WAY CAMPAIGN
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE ASSOCJA TION
CHARLES SCHWAB BANK
PAYROLL 5/05-5/18/24
UNITED STATES TREASURY
STATE OF CALIFORNIA
ST A TE DISBURSEMENT 800005689
STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC-457
EMPOWER TRUST COMPANY, LLC-ROTH
5/22/2024
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A 5/22/2024
CHECK NO. AMOUNT ISSUED TO - - -------- - ------------------ - ---- -Bank Draw Total
---~4 ,_25_6_. 5_2_ EMPOWER TRUST COMPANY, LLC-401A
992,601.27
LAIMPACT Law Enforcement Task Force Demands
169183 1,459.26 BANK OF AMERICA
169184 1,099.00 CHARTER COMMUNICATIONS
169185 6,006.05 CITY OF PASADENA
1691 86 5,225.10 DIGITAL AIRWARE LLC
169187 60.00 SOUTHLAND SHREDDING, INC.
MULTIPLE ______ LAI ENFORCEMENT OPERA TlONS
Total 1 3,849.41
LAJMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
5/29/2024
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHAS!NG/FUNDfNG POLICY AND HA VE BEEN REVIEWED BY THE FINANCE DfRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT
I. I 93,601.25
2. 132,000.00
3. 114,805.66
4. 96,411.00
5. 47,252.96
6. 33,539.27
7. 31,2 15.00
8. 23,028.32
9. 18,528.22
10. 16,852.33
128,605.15
$ 835,839.16
ISSUED TO
CAPITAL ONE PUBLIC FUNDING LLC
CALfFORNIA JPIIA -EXCESS LIABfLITY
RKA CONSUL TfNG GROUP
GARCIA'S FENCE CORP.
STRATEGIC CONTRACTfNG SERVICES
SOC ENGfNEER!NG fNC.
HOT WIRE ELECTRIC
CITY OF POMONA
SALT WORKS, fNC.
ROGER BASS
OTHER DEMANDS
DESCRfPTION
BOND DEBT SERVICES
PREFUND REQUEST TRUST ACCOUNT
MARCH 2024 BILLING VARIOUS PROJECTS
NEW FENCE TENNIS/PICKLE BALL CORTS LAS FLORES PARK
PAYROLL-CONTRACT AND SUPPORT STAFF 04/28/2024-05/1 l/2024 (LA CLEAR) MAfNfERO QUARE IMPROVEMENTS
ANNUAL MOTOR CONTROL CENTER & PREVENTIVE MAINTENANCE
LAND BASE / WATERSHED MANAGEMENT PROGRAM 2/3/2024 TO 3/29/2024
MORTON ALB MED - PURCHASES
MAY 2024 SERVICES (LA CLEAR)
DEMANDS OF$ 4,531.77 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THlS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
Page I of3
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A 5/29/2024
CHECK NO. AMOUNT ISSUED TO
169192 122.98 ALBERTSONS/SAFEWA Y
169 193 500.00 ANNABELL HERNANDEZ
169194 20.00 BETH JAGER
169 195 203.00 BREAK TIME YOGA, LLC
169196 356.16 CHARTER COMMUNlCATIONS
169197 5,512.50 CHARTER OAK GYMNASTICS INC
169198 23,028.32 CITY OF POMONA
169199 330.80 CLEANTECH ENVIRONMENT AL INC
169200 35.17 COLLEY FORD
169201 165.00 CPRS
169202 6,000.00 DA VIS MOBILE HOME SERVICES
169203 85.00 DKTRA NATIONS
169204 213.64 EWING IRRIGATION PRODUCTS
169205 153.40 FACTORY MOTOR PARTS
169206 106.36 FIRE APPARATUS SOLUTIONS
169207 77.18 FLUID TECH
169208 96,411.00 GARCIA'S FENCE CORP.
169209 179.43 GRACIANO , MARK
169210 241.69 HOLLIDAY ROCK CO.
169211 27.35 HORIZON LIGHTING INC.
169212 31 ,215.00 HOT WIRE ELECTRIC
169213 150.00 JANlCE THEPSI
169214 9,205.89 JONES MAYER
169215 14.00 KYOCERA DOCUMENT SOLUTIONS WEST
169216 3,795.00 LINX AUTOMATION
169217 143 00 LOZANO, THOMAS
169218 1,598.00 MCLAY SERVICES, INC.
169219 1,080.99 FERGUSON ENTERPRISES LLC #3325
169220 4,249.00 RUY ALCABA, BERNICE
169221 1,295.00 SCOTT MCLEOD PLUMBING, INC.
169222 386.69 THE SHERWIN-WILLIAMS CO.
169223 68.41 SOUTHEAST CONSTRUCTION PRODUCTS INC
169224 568.05 T-MOBILE
169225 5,209.40 TENNIS ANYONE INC.
169226 11 0.00 VALERIE CHA YEZ
169227 1,509.27 VERIZON WIRELESS
169228 401.62 WALTERS WHOLESALE ELECTRIC CO.
EFT 2979.5 A. UPLAND FIRE PROTECTION
EFT 1,200.00 ARAGON, RICHARD
EFT 1,802.42 ASSET WORKS LLC
EFT 680.00 BEE REMOVAL
EFT 221.38 BIEDERMANN, REBEKAH
EFT 132,000.00 CALIFORNIA JPIIA -EXCESS LIABILITY
EFT I 93,601.25 CAPITAL ONE PUBLIC FUNDING LLC
EFT 834.58 COMMERCIAL DOOR COMPANY INC.
EFT 149.91 BEILSTEIN, ERIN
EFT 14300 FINN, .JUSTINE
EFT 726.40 HAAKER EQUIPMENT CO.
EFT I, 156.93 HASA, INC.
EFT 1,865.21 HI-WAY SAFETY INC.
EFT 42.92 POMONA TRUCK & AUTO BODY
EFT 1,500.00 POMONA VALLEY TRANSPORTATION AUTHORITY
EFT 14300 PROWS, JASON
EFT 114,805.66 RKA CONSUL TING GROUP
EFT 18,528.22 SALT WORKS, INC.
EFT 33,539.27 SOC ENGINEERING INC.
EFT I 0, 166.67 CORDRAY ENTERPRISES LLC
EFT 8,937.50 DEROIAN VENTURES LLC
EFT 5,613.50 GROUND SERO TECHNOLOGIES LLC
EFT 13,907.08 LIBERTY COAST AL LLC
EFT 5,355.00 MARLYN PACHECO LLC
EFT 11 ,000.00 MICHAEL W. TYNES
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
EFT
EFT
EFT
BANK DRAWN
Total Demands
AMOUNT
14,326.97
16,852.33
47,252.96
1,739.20
835,839.16
134.84
835,974.00
ISSUED TO
OWSLEY ENTERPRISES, LLC
ROGER BASS
STRATEGIC CONTRACTING SERVICES
SO CAL GAS CO
Total LAIMPACT Demands
LAIMPACT Law Enforcement Task Force Demands
EFT 134.84 ULINE
MULTIPLE
Total 134.84
LAI ENFORCEMENT OPERATIONS
5/29/2024
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LA IMP ACT activities.
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE
REGISTER OF AUDTTED DEMANDS
6/5/2024
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDTNG POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DTRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEF ITS.
AMOUNT
I. 142,822 .86
2. 82,836 .79
3. 51,443 .93
4. 25,902.00
5. 14,600 .00
6. 12,569 .26
7. 11 ,685.00
8. 7, I 92.25
9. 6,922 .05
!0. 5,830 . 14
106,470 .75
$ 468 ,275 .03
ISSUED TO
STRATEG IC CONTRACTING SERVICES
DEPARTMENT OF JUSTICE
SAN GABR IEL VALLEY COUNCIL OF GOV'T
SDI PRESENCE LLC
WATERTALENTLLC
L.N. CURTIS AND SONS
LA VERNE CHAMBER OF COMMERCE
CITY OF COVINA
WITTMAN ENTERPRISES LLC
FLOCK SAFETY
OTHER DEMANDS
DESCRIPTION
PAYROLL -SERV ICE CONTRACT AND SUPPORT STAFF 04/ 14/2024 to 04/27/2024 (L.A, CLEA R) PAYROLL APRIL 2024, OT MARCH 2024 AND ELECTRICITY CHARGES DECMBER 2023-MARCH 2024 PLHA FUND PER LACDA PROJ.
IT SUPPORT, IRONSCALE , SENTINE L AND CLOUD LICENSE THRU 04/30/2024 PROFESSIONAL CONSUL TING SERVICES THRU 05/05/2024
TFT HOSE , NOZZLES & T IPS PURCHASES
CITY CONTRACTS JANUARY THRU MARCH 2024
REIMBURSEMENT FOR DTSTPATCH SERVICES JANU ARY THR U MARCH 2024 MARCH 2024 SERVICES
FLOCKS EXTENT ION DAT A RETENT ION/SAFETY FALCON PER CONTRACT DEMANDS OF$ 198.52 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFO RCEMENT TASK FORCE OPERATIONS .
DEMA NDS OF$ 1,254,38 1.04 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS .
IN ACCORDANCE WITH GOVER NMENT CODE SECT ION 37202 , I HEREBY CERT IFY THAT TH IS IS A TRUE A D ACCURATE REGISTER OF AUDTTED DEMANDS .
Page I of 4
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO.
169229
169230
169231
169232
169233
169234
169235
169236
169237
169238
169239
169240
169241
169242
169243
169244
169245
169246
169247
169248
169249
169250
169251
169252
169253
169254
169255
169256
169257
169258
169259
169260
169261
169262
169263
169264
169265
169266
169267
169268
169269
169270
169271
169272
169273
169274
169275
169276
169277
169278
169279
169280
169281
169282
169283
169284
169285
169286
169287
169288
169289
169290
AMOUNT
1,209.32
136.68
300.00
100.00
837.20
259.00
70.00 73.50
38.82 110.25
30.00 160.39
30.00 1,489.00
110.00
104.99
2,000.00
7,192.25
342.50
1,340.90
1,270.00
370.00
672.00
912.00
4,238.79
2,829.00
85.00 445.44
49.00 396.00
170.73
633.80
747.75
I, 147.88
5,830.14
7718
150.00
338.00
108.21
1,555.14
5.22 100.00
390.06
2,472.21
107.16
3,605.00
1,653.81
17786
288.50
94.08 55.01
2,015.00
1,823.10
1,300.00
500.00
67.00 237.50
1,326.17
75.00 551.74
296.31
605.00
ISSUED TO
AARDVARK
AIRGAS USA, LLC.
ALLOY WELDWORKS
ANDREA SAN FILIPPO
ARROW PARKING LOT SERVICE
ASHLEY RAMIREZ
AT&T
A TKINSON,ANDELSON,LOY A,RUUD & ROMO
AXON ENTERPRISE, INC.
BLOOMING VIEW
BURRO CANYON SHOOTING PARK
C & E LUMBER COMP ANY
AFSS-SOUTH
CALIFORNIA PEST MANAGEMENT.INC.
CHARTER COMMUNICATIONS
CHARTER COMMUNlCA TIONS
CHERRY AGAPITO
CITY OF COVINA
CIVIL TEC ENGINEERING, INC.
COMMUNICATION CENTER SPECIALISTS
COPWARE, INC.
COUNTY OF LOS ANGELES
COUNTY OF LOS ANGELES
CPAC, INC.
CUMMINS SALES AND SERVICES
CUSTOM CRAFT FLOORING
DANlELLE ROSE
DANlELS TIRE SERVICE
DEPARTMENT OF JUSTICE
DONNOE & ASSOCIATES INC.
DUNN EDWARDS PAINT
THE EMBLEM AUTHORITY
FACTORY MOTOR PARTS
FIRST-CITIZENS BANK & TRUST CO
FLOCK SAFETY
FOOTHILL BUILDING MATERIALS
FOOTHILL FIRE CHIEFS' ASSOCIATION
FRESHMOBILECA LLC
FRONTIER COMMUNICATIONS
FRONTIER COMMUNICATIONS
GAETA SR , EDUARDO
HEATHER KOLLER
HOLLIDAY ROCK CO.
HOME DEPOT CREDIT SERVICES
INNOVATION AND TECHNOLOGY DEPT.
K-ISAN INSTITUTE LLC
KYOCERA DOCUMENT SOLUTIONS WEST
LA VERNE PETTY CASH
LA VERNE POLICE DEPARTMENT
LA VERNE 58
LESLIE'S POOLMART, INC.
JOHN LEWIS
LIFE-ASSIST
LIZ TOMAHEFSKY
LACPCA
LYNNE NORRIS
MBM FUEL TANK TESTING
MR UNIFORM
NOGA HOLCK
PARKHOUSE TIRE, INC.
PHOTOGRAPHY BY DARCELLE
PREMIER FAMlLY MEDICINE ASSOCIATES
6/5/2024
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A 6/5/2024
CHECK NO. AMOUNT ISSUED TO
169291 1,738.79 PRIMARY PHARMACEUTICALS, INC.
169292 181.01 PRJSTINE UNIFORMS
169293 470.70 REGIONAL TAP SERVICE CENTER
169294 629.45 INTERSTATE BILLING SERVICE INC
169295 51 ,443.93 SAN GABRIEL VALLEY COUNCIL OF GOV'T
169296 25,902.00 SDI PRESENCE LLC
169297 860.00 SEA WEST ENT. INC
169298 959.50 SIERRA PACIFIC ELEC. CONTRACTING
169299 106.24 SMART & FINAL IRJS CO.
169300 322.84 STAPLES
169301 933.77 T-MOBILE
169302 50.00 T-MOBILE USA, INC.
169303 790.00 TAMARA BAZE
169305 311.00 TRANS UNION RJSK & AL TERNA TI VE DAT A
169306 586.96 TRENT AND KARINA WEST
169307 1,528.14 U.S. POSTMASTER
169308 4,100.00 UCLA CENTER FOR PREHOSPITAL CARE
169309 107.56 UPS
169310 88.05 VERIZON WIRELESS
169311 1,916.75 VISTA PAINT CORPORATION
169312 90.00 WAGEWORKS, INC.
169313 740.14 WALTERS WHOLESALE ELECTRIC CO.
169314 14,600.00 WATERT ALENT LLC
169315 53.75 WATERWORKS PLUMBING & ROOTER
169316 2,533.40 WELLS FARGO VENDOR FINANCIAL SVCS
169317 3,410.40 YOUTH EVOLUTION ACTIVITIES
169318 212.47 B&H PHOTO VIDEO
169319 250.00 BUNKER, ROBERT
169320 82,836.79 DEPARTMENT OF JUSTICE
169321 22.97 FEDEX
169322 482.32 MARTINEZ, CINDY
169323 2,687.14 MASERGY CLOUD COMMUNICATIONS, INC
169324 126.00 PERNEY!, CHRISTOPHER PAUL
169325 1,543.04 VERIZON WIRELESS
EFT 332.50 A. UPLAND FIRE PROTECTION
EFT 1,402.45 ALL ST AR FIRE EQUIPMENT CO.
EFT 2,634.93 ALL STATE POLICE EQUIPMENT CO.
EFT 288.00 AM-TEC TOTAL SECURITY INC.
EFT I, 100.00 ARAGON, RICHARD
EFT 5,035.80 CIVICPLUS, LLC
EFT 3,447.21 COLLEGIATE PRESS
EFT 1,640.00 DENNIS GRUBB & AS SOCIA TES
EFT 1,200.00 FORENSIC NURSE SPECIALISTS INC.
EFT 554.16 GRAINGER
EFT 4,584.92 GREENSCAPE MAINTENANCE SERVICES INC.
EFT 1,058.49 HI-WAY SAFETY INC.
EFT 4,604.60 KIDZ LOVE SOCCER
EFT 12,569.26 L.N. CURTIS AND SONS
EFT 11 ,685.00 LA VERNE CHAMBER OF COMMERCE
EFT 171.93 LA VERNE POWER EQUIPMENT INC.
EFT 620.00 LAW ENFORCEMENT MEDICAL SERVICES
EFT 1,545.00 LEFTA SYSTEMS
EFT 170.00 LIEBERT CASSIDY WHITMORE
EFT 112.00 RADC, INC
EFT 1,228.25 TELEFLEX LLC
EFT 120.69 TRUBIN, VLADIMIR
EFT 2,213.54 WEST COAST ARBORISTS INC.
EFT 6,922.05 WITTMAN ENTERPRISES LLC
EFT 142,822.86 STRATEGIC CONTRACTING SERVICES
BANK DRAWN 1,889.69 CINTAS
468,275.03
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE FY 2023-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
1,254,381.04 Total Payroll and Employee Benefit Payments 198.52 Total LAI MP ACT Demands ------Total Demands ], 722,854.59 Payroll and Employee Benefit Payments:
169327 1,082.14 AFLAC
169328 3,067.08 DELTA DENTAL INSURANCE COMPANY
169329 13,203.81 DELTA DENTAL(0020785555)
169330 510.00 CITY OF LA VERNE EMPLOYEE FUND
169331 350.00 FIDELITY INVESTMENTS #P0754
169332 6,914.18 THE HARTFORD-PRIORITY ACCOUNTS
169333 147,490.74 HEALTH NET
169334 94,302.96 KAISER FOUNDATION HEALTH PLAN
169335 1,657.55 METLIFE - GROUP BENEFITS
169336 412.50 A.C. NEWMAN CO.
169337 299.87 HEATHER REYES
169338 4.00 UNITED WAY CAMPAIGN
EFT 3,058.25 LA VERNE FTRE ASSOCIATION
EFT 2,260.60 LA VERNE POLICE ASSOCIATION
EFT 2,632.60 CHARLES SCHWAB BANK
EFT 102.00 WAGEWORKS-ADMIN FEE
BANK DRAWN 599,799.47 PAYROLL 5/19-06/01 /24
BANK DRAWN I 16,106.05 UNITED STATES TREASURY
BANK DRAWN 40,573.27 STATE OF CALIFORNIA
BANK DRAWN 1,115.46 ST A TE DISBURSEMENT BD0005689
BANK DRAWN 182,892.62 STATE OF CALIFORNIA
BANK DRAWN 29,11203 EMPOWER TRUST COMPANY, LLC-457
BANK DRAWN 7,433.86 EMPOWER TRUST COMPANY, LLC-ROTH
Total 1,254,381.04
LAIMPACT Law Enforcement Task Force Demands
169326 I 98.52 T-MOBILE
MULTIPLE
Total 198.52
LAI ENFORCEMENT OPERATIONS
6/5/2024
LA IMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT.crime prevention activities. These funds are not City funds and
Council Agenda Packet, June 17, 2024
City of La Verne,City Council
Agenda Report
DATE: June 17, 2024
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: AWARD OF CONTRACT FOR CITY-WIDE PUBLIC RIGHT OF WAY
HERBICIDE SERVICES
SUMMARY
Award of a three-year initial contract to RPW Services, Inc. for citywide herbicide services, at hourly prices bid, not-to-exceed $60,000 per year. The agreement has an initial term of three years with the ability to extend administratively up to two additional one-year terms, for a total potential maximum of five years.
RECOMMENDATION
That City Council award a three-year contract, with the potential of two additional one-year terms, to RPW Services, Inc. for citywide herbicide services, and authorize the City Manager, or designee, to execute any amendments or related documents.
DISCUSSION
The City currently administers herbicides on public property and in the public rights-of-way (ROW) by using a combination of staff and contractors, to manage weeds for approximately 336 curb miles, vacant lots, parkways, city-owned parking lots, parks, and other city-owned or managed spaces. As requests for herbicides (weed spray) have increased, there is a need to establish an agreement with a licensed State Registered Qualified Applicator contractor, enhancing services and allowing staff members to work on other priorities. Based on the overall contract, current purchasing policy dictated a formal bid be prepared for these services.
Staff prepared a formal solicitation of bids for the application of herbicide in the citywide public ROW that included hourly and material rates for potential additional services, as needed. The base service level bid shall provide the City of La Verne with a semiannual application of herbicides in the citywide ROW. This would ensure that the maximum service level is achieved without exceeding the available budgeted funds. A total of four bids were received for this particular contract and are listed in the following table:
BIDDER Semi-Annual
Application
1st Applicator /
Man Hour
2nd Applicator
/ Man Hour
Combined /
Man Hour
RPW Services, Inc. $ 19,320.00 $ 65.00/ hour $ 55.00/ hour $ 120.00/ hour
Lawnscape Systems $ 58,343.00 $ 91.00/ hour $ 52.00/ hour $ 143.00/ hour
Mariposa Landscapes, Inc. $ 219,033.00 $ 115.00/ hour $ 110.00/ hour $ 225.00/ hour
I 1 I I I -,
-
-----
I J
Council Agenda Packet, June 17, 2024
Award of Contract for City-Wide Public Right of Way Herbicide Services, Page 2
BrightView Landscape Services $ 384,990.00 $ 75.00/ hour $ 75.00/ hour $ 150.00/ hour
Staff evaluated the bids and found RPW Services, Inc. to be the lowest, most responsible and responsive bidder based on bid evaluation criteria and an initial base bid amount of $19,320. In addition, RPW Services was the lowest bidder for potential additional services, which may be activated under this contract. The company currently provides satisfactory services within La Verne and surrounding communities.
Of particular note, this contract will provide a level of service greater than is provided by the current combination of contractor and City staff. These services being contracted out, will free up staff time to focus on maintaining other areas of the public ROW, improving the City's overall appearance while reducing liability.
FISCAL ANALYSIS
It is anticipated the required services will not exceed $60,000. Funding for this contract was included within the Fiscal Year 2024-25 Proposed Budget within the General Fund.
ENVIRONMENTAL ANALYSIS
Not Applicable.
LEGAL REVIEW
This agreement has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. MSA RPW Services 2
2. RPW Submitted forms for the RFP Process
3. Weed Abatement Services - Final RFP 3-19-2024
Report Prepared By: Coordinated with:
Colin Purdy, Acting Maintenance Manager Ramior Nunez, Maintenance Supervisor
Council Agenda Packet, June 17, 2024
1 [Contractor’s name]
Form Rev. 6-4-24
CITY OF LA VERNE
MAINTENANCE SERVICES AGREEMENT
WITH
RPW SERVICES INC., FOR CITYWIDE HERBICIDE SERVICES
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and RPW Services, Inc., a California Corporation (“Contractor”).
W I T N E S S E T H :
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of City property, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the services described in the City’s Request for Proposal (“RFP”), attached hereto as Exhibit “A,” and Contractor’s response to City’s RFP (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).
1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720, et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000, et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations,
Council Agenda Packet, June 17, 2024
2 [Contractor’s name]
Form Rev. 6-4-24
Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810, et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, 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 Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the work will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its
Council Agenda Packet, June 17, 2024
3 [Contractor’s name]
Form Rev. 6-4-24
discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Compliance with Applicable Law. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.
1.7. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.
Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s total compensation shall not exceed Sixty Thousand Dollars ($60,000.00) each year without advance written authorization from the City Manager.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Council Agenda Packet, June 17, 2024
4 [Contractor’s name]
Form Rev. 6-4-24
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, and the associated time for completion.
2.4. Records and Audits. Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The Services shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, pandemics (excluding COVID-19) or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) ending on June 30, 2027, with two (2) one (1) year optional renewal terms, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
Council Agenda Packet, June 17, 2024
5 [Contractor’s name]
Form Rev. 6-4-24
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Contractor’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.
(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Council Agenda Packet, June 17, 2024
6 [Contractor’s name]
Form Rev. 6-4-24
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Council Agenda Packet, June 17, 2024
7 [Contractor’s name]
Form Rev. 6-4-24
RPW Services, Inc.
P.O. Box 5217
Orange, CA 92863
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: _________________ Tel: (909) 596-8726
Attn: Paul Webb Attn:
Courtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing
6.5. Drug-free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in the United States Drug-Free Workplace Act of 1988, 41 U.S.C. Section 701, et seq. Contractor's failure to conform to the requirements set forth in this law will constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
Council Agenda Packet, June 17, 2024
8 [Contractor’s name]
Form Rev. 6-4-24
complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s 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 paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
Council Agenda Packet, June 17, 2024
9 [Contractor’s name]
Form Rev. 6-4-24
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of
Council Agenda Packet, June 17, 2024
10 [Contractor’s name]
Form Rev. 6-4-24
this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
Council Agenda Packet, June 17, 2024
11 [Contractor’s name]
Form Rev. 6-4-24
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
CITY OF LA VERNE
__________________________________ Date: __________________________ ATTEST:
__________________________________
Debra Fritz
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
Council Agenda Packet, June 17, 2024
12 [Contractor’s name]
Form Rev. 6-4-24
APPROVED AS TO CONTENT: Date:
Project Manager
DEPARTMENTAL APPROVAL: Date:
Meg McWade
Public Services Director
APPROVED AS TO PURCHASING: Date:
Christy Lopez
Finance Director
Council Agenda Packet, June 17, 2024
13 [Contractor’s name]
Form Rev. 6-4-24
Council Agenda Packet, June 17, 2024
EXHIBIT A
REQUEST FOR PROPOSALS
Council Agenda Packet, June 17, 2024
EXHIBIT B
CONTRACTOR’S PROPOSAL
Council Agenda Packet, June 17, 2024
BID PROPOSAL SHEET #A {Citywide) Herbicides/
PESTICIDES
Evaluation of the proposal will be based upon the prices bid for Synthetic Pesticides.
The undersigned hereby proposes and agrees to perform all the work and improvements therein described, and to furnish all labor and materials, equipment and incident insurance necessary therefore, in accordance with the specifications therefore, known as "Citywide Weed Abatement, Minor Insect And Pest Control, and further agrees to enter into a contract therefore in the time, form and manner provided by law at the following prices to wit:
DESCRIPTION PRICE PER MAN HOUR
Regular Citywide Weed Abatement:
Per man hour, California Licensed Applicator ... .... ... ... $ 65 /hour Per man hour, Assistant Applicator ...... > ...... ... ... ..... $ 55 /hour The City will consider a Consumer Price Index
adjustment to the hourly rates on an annual basis
based on the agreement terms.
Year 2 Escalator
Year 3 Escalator
$66.95 /hour QAL and $56.65 /hour Assistant
$68.96 /hour QAL and $58.35 /hour Assistant
Year 4 Escalator (If Optional Term is Activated) $71.03 /hour QAL, $60.1 O /hour Assistant Year 5 Escalator (If Optional Term is Activated) $73.16 /hour QAL, $61.90 /hour Assistant The City is not financially responsible for any salary differential paid to the designated Supervisor as all billing is based on per-hour Applicator rates. Any expenses with the attendance of meetings and/or conferences are the financial responsibility of the Contractor. All monthly reports, as outlined in this Scope of Work are to be submitted with the monthly billing invoice. Invoices shall be submitted within two weeks prior to the end of each month.
Council Agenda Packet, June 17, 2024
Paul Webb
ACKNOWLEDGEMENT AND SIGNATURE OF AUTHORIZATION
BID TITLE
President have read and understand the
(Full Name) (Title)
The RFP document and I are duly authorized to commit my company to sell/perform the products/services described herein. I understand by signing this RFP I am not obligating the City to make this procurement, nor am I signing a contract to sell/perform this product/service . By signing this document, I agree to comply with all specifications, scope of services, requirements, terms, and conditions described herein, unless specifically noted. This RFP is firm for 180 days from the due date identified on PlanetBids.
Council Agenda Packet, June 17, 2024
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Pomona funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of La Verne with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is nder the laws oft e tate of California.
Printed Name: Paul Webb ---------------
Title: President
Firm Name: RPW Services Inc.
Date: 04/08/2024
Council Agenda Packet, June 17, 2024
REFERENCES
Provide three (3) past or current federal , state or local government agency references that are comparable to the size of the City of La Verne that your company has directly contracted with as the primary contractor. Goods or services provided must be equal to the specifications or scope of serv ices pub lished herein . References must be for goods or services provided wit hin the past five (5) years.
1. Company
Name City of Riverside
Address 6927 Magnolia Ave
City Riverside State CA Zip_9_2_50_6 _ _ __ _
Contact Name and Title : Jarin Valencia ------ - --- ---- ------ ---- -Te I e phone 951-712-2049 Emai l [email protected] Number of years that services have been or were provided: _1_0_y_e_a_rs _____ __ _ Service provided: Rodent Control, Interior and Exterior Pest Control, Weed Control, Landscape Services, Aquatic Landscape city wide
2. Company
Name City of Huntington Beach
Address P.O. Box 784
City Huntington Beach State CA Zip_9_2_64_8 _____ _
Contact Name and Title: Justin Torres - --------------- --- ---- - --Te I e phone 714-375-5120 Emai I [email protected] Number of years that services have been or were provided :_7_cy_e_a_rs ________ _ Service provided: Pest and weed control services city-wide, including wetland areas
3. Company
Name City of Paramount
Address 16400 Colorado Ave
City Paramount State CA Z ip_9_0_72_3 _ ___ _
Contact Name and Title:_E_n_ri....:.qu_e_G_ar_c_ia ____ _ ____ _ ______ ___ _ Telephone 562-419-5769 Email [email protected]
Number of years that services have been or were provided:_8_y_e_a_rs ______ __ _ Service provided: Post-emergent, non-selective herbicide applications in streets and alleys.
Gopher and ground squirrel services at various city parks and facilities.
Council Agenda Packet, June 17, 2024
Contractor's Proposal
Number of
Item/ Area Treated Crew Equipment Application Method
Spray Rig with 200gal tank+ materials
Area 1 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank + materials
Area 2 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank + materials
Area 3 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank + materials
Area 4 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank+ materials
Area 5 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank + materials
Area 6 2 Possible usage of string trimmer Contact spray Residential & Spray Rig with 200gal tank + materials
Commercial Streets 2 Possible usage of string trimmer Contact spray Spray Rig with 200gal tank+ materials
Open Drains 2 Possible usage of string trimmer Contact spray Dependent on tree size and
location
Tree Fruit Control 1 to 2 Spray Rig with 200gal tank+ materials Basal spray or foliar spray Spray Rig with 200gal tank+ materials
Vacant Lots, Slopes, Un-Possible usage of string trimmerr or spray hose Maintained Medians 2 (300-S00ft) Contact spray
Dependent on location and plant
needs
Spray Rig with 200gal tank + materials Soil application (injection or Flowers/Shrubs 2 Possible use of spray hose (300-S00ft) drench) and/or foliar spray Other 1 to 2 Dependent on work requested Dependent on work requested @
Council Agenda Packet, June 17, 2024
City of La Verne
Citywide Weed Abatement, Minor
Insect and Pest Control Services
FEE SCHEDULE
BID SCHEDULE NO. 1: WEED ABATEMENT, MINOR INSECT AND PEST CONTROL - EFFECTIVE DATE OF CONTRACT THROUGH DECEMBER 31 2024 '
Description Labor Rate Cost of Materials
Citywide Weed Abatement QAL Applicator Based upon rate sheet Cost to provide one QAL applicator and one $ 65 per man hour attached and amount Helper to apply chemicals for citywide weed used
abatement and minor insect and pest control two Helper Applicator times per year in defined Areas 1-6, Residential & $55 per man hour Commercial Streets, and Ooen Drains
Tree Fruit Control Applications $ 8.00 per dbh per tree Based upon rate sheet Cost to provide one QAL applicator and one attached and amount Helper to treat DCR selected trees for fruit control, used to be treated in Spring (March/April) at start of
flowerinq
Additional services requested by DCR for QAL Applicator Based upon rate sheet Flowers/Shrubs, Vacant Lots, Slopes, Un- $ 65 oer man hour attached and amount Maintained Medians , and Other Helper Applicator used
$ 55 per man hour
BID SCHEDULE NO. 2 WEED ABATEMENT, MINOR INSECT AND PEST CONTROL (OPTIONAL EXTENSION) JANUARY 1, 2025 THROUGH DECEMBER 31 2025
Description Labor Rate Cost of Materials
Citywide Weed Abatement QAL Applicator Based upon rate sheet Cost to provide one QAL applicator and one $ 66.95 per man hour attached and amount Helper to apply chemicals for citywide weed used
abatement and minor insect and pest control two Helper Applicator times per year in defined Areas 1-6, Residential & $55.65 per man hour Commercial Streets, and Ooen Drains Tree Fruit Control Applications $ 8.00 per dbh per tree Based upon rate sheet Cost to provide one QAL applicator and one attached and amount Helper to treat DCR selected trees for fruit control, used to be treated in Spring (March/ April) at start of
flowerinq
Additional services requested by DCR for QAL Applicator Based upon rate sheet Flowers/Shrubs, Vacant Lots, Slopes, Un- $ 66.95 oer man hour attached and amount Maintained Medians, and Other Helper Applicator used
$ 56.65 oer man hour
BID SCHEDULE NO . 3 WEED ABATEMENT , MINOR INSECT AND PEST CONTROL (OPTIONAL EXTENSION) JANUARY l , 2026 THROUGH DECEMBER 31 , 2026
Description Labor Rate Cost of Materials
Citywide Weed Abatement QAL Applicator Based upon rate sheet Cost to provide one QAL applicator and one $ 68.96 per man hour attached and amount Helper to apply chemicals for citywide weed used
abatement and minor insect and pest control two Helper Applicator times per year in defined Areas 1-6, Residential & $58.35 per man hour Commercial Streets, and Ooen Drains (j
Council Agenda Packet, June 17, 2024
Tree Fruit Control Applications $ 8.00 per dbh per tree Based upon rate sheet Cost to provide one QAL applicator and one attached and amount Helper to treat DCR selected trees for fruit control, used to be treated in Spring (March/ April) at start of
flowerinq
Additional services requested by DCR for QAL App licator Based upon rate sheet Flowers/Shrubs, Vacant Lots, Slopes, Un- $ 68.96 per man hour attached and amount Maintained Medians, and Other Helper Applicator used
$ 58.35 per man hour
BID SCHEDULE NO. 3 WEED ABATEMENT, MINOR INSECT AND PEST CONTROL (OPTIONAL EXTENSION) JANUARY 1, 2027 THROUGH DECEMBER 31 , 2027
Description Labor Rate Cost of Materials
Citywide Weed Abatement QAL Applicator Based upon rate sheet Cost to provide one QAL applicator and one $ 71 .03 per man hour attached and amount Helper to apply chemicals for citywide weed used
abatement and minor insect and pest control two Helper Applicator times per year in defined Areas 1-6, Residential & $60. 10 per man hour Commercial Streets, and Open Drains
Tree Fruit Control Applications $ 9 .00 per dbh per tree Based upon rate sheet Cost to provide one QAL applicato r and one attached and amount Helper to treat DCR selected trees for fruit contro l, used to be treated in Spring (March/April) at start of
flowerinq
Additional services requested by DCR for QAL Applicator Based upon rate sheet Flowers/Shrubs, Vacant Lots, Slopes, Un- $ 71 .03 per man hour attached and amount Maintained Medians, and Other Helper Applicator used
$ 60. 10 per man hour
BID SCHEDULE NO. 3 WEED ABATEMENT, MINOR INSECT AND PEST CONTROL (OPTIONAL EXTENSION) JANUARY 1, 2028 THROUGH DECEMBER 31 , 2028
Description Labor Rate Cost of Materials
Citywide Weed Abatement QAL Applicator Based upon rate sheet Cost to provide one QAL applicator and one $ 73.16 per man hour attached and amount Helper to apply chemicals for citywide weed used
abatement and minor insect and pest control two Helper Applicator times per year in defined Areas 1-6, Residential & $61.90 per man hour Commercial Streets, and Open Drains
Tree Fruit Control Applications $ 9 .00 per dbh per tree Based upon rate sheet Cost to provide one QAL applicator and one attached and amount Helper to treat DCR selected trees for fruit control , used to be treated in Spring (March/April) at start of
flowering
Additional services requested by DCR for QAL Applicator Based upon rate sheet Flowers/Shrubs, Vacant Lots, Slopes, Un- $ 73. 16 per man hour attached and amount Maintained Medians , and Other Helper Applicator used
$ 61.90 oer man hour
END OF BID FEE SCHEDULE
Council Agenda Packet, June 17, 2024
City of La Verne
Citywide Weed Abatement, Minor Insect and
Pest Control Services
MATERIALS AND PRICING
BELOW ARE THE LIST OF CHEMICALS ANTICIPATED FOR USAGE DURING WEED ABATEMENT, MINOR INSECT AND PEST CONTROL, TREE FRUIT CONTROL, AND ADDITIONAL SERVICES. ANY CHEMICALS OUTSIDE OF THIS LIST WILL BE NOTIFIED AND APPROVED BY DCR PRIOR TO USAGE.
UNIT OF PRICE PER
MATERIAL NAME TYPE EPA NUM BER MEASUREMENT UNIT
18-3-6, 50% SRN SULFUR & MICRONUTRIENTS Liquid Fertilizer N/A ounce $0.47 21-0-0 AMMONIUM SULFATE Fertilizer N/A ounce $0.04
Plant Growth
ATRIMMEC Regulator 2217-776-AA ounce $4.01
BASELINE INSECTICIDE Insecticide / Miticide 279-3177-ZC ounce $1.99 264-1155-AA-
CEASE Insecticide / Miticide 68539 ounce $0.56
DIMENSION 2 EW Herbicide 62719-542-AA ounce $2.44
FUSILADE II TURF & ORNAMENTAL HERBICIDE Herbicide 100-1084-ZA ounce $3.65 IMIDACLOPR ID 2F TURF & ORNAMENTAL Insecticide / Miticide 66222-203-AA ounce $0.86 LIBERATE Adjuvant 34704-50030-AA ounce $0.40
LIFELINE HERBICIDE Herbicide 70506-310-AA ounce $0.94
MEFENOXAM 2 AQ Fungicide 53883-433 -AA ounce $4.24
MIC DROP Fertilizer N/A ounce $0.24
MSO CONCENTRATE WITH LECI-TECH Adjuvant 34704-50053-AA ounce $0.29 NUTRIO UNLOCK Soil Additive N/A ounce $0.65
PENDULUM (R) 2G GRANULE HERBICIDE Herbicide 241-375-ZA ounce $0.14 QUALi-PRO TM 4.5 Fungicide 53883- 483-AA ounce $0.86
RANGER PRO HERBICIDE Herbicide 524-517 ZB ounce $0.49
ROUNDUP CUSTOM FOR AQUATIC Herbicide 524- 343-ZI ounce $0.41 ROUNDUP QUIK PRO Herbicide 524-535-ZA ounce $1.13
SEDGEHAMMER Herbicide 81880-1-AA-10163 grams $0.40
SPRAY-RITE WATER CO NDITIONING AGENT Sticker /Dye/ Additive 7001-50027-AA ounce $0.46 SURFLAN AS Herbicide 70506-44-AA ounce $0.78
TAHOE BLUE Sticker /Dye/ Additive N/A ounce $0.65
TALSTAR P PROFESSIONAL INSECTICIDE Insecticide / Miticide 279-3206-ZC ounce $0.72 TURF TRAX BLUE Sticker /Dye/ Additive N/A ounce $0.37
TURFLON ESTER ULTRA Herbicide 6271 9-566-AA ounce $1.40 VERTICAL 0-0-8 Fertilizer N/A ounce $0.44
END OF MATERIAL RA TE FEE SCHEDULE
Council Agenda Packet, June 17, 2024
City of La Verne
City Wide Weed Abatement, Minor Insect
and Pest Control Services
PROJECT SCHEDULE
Technical and Management Approach- Understanding of Scope Our company is fully committed to delivering exceptional services aligned with the comprehensive Scope of Services outlined. With a dedicated team of certified applicators and trained assistants under supervision, we prioritize our availability and performing works in a professional, thorough, and workman like manner. This commitment ensures effective solutions .and alignments with The City of La Verne's practices and industry best practices.
Adhering to DPR and County Ag reqvirements is a cornerstone of our operations, reflecting our dedication to regulatory compliance. During pesticide applications, we can use various techniques to ensure the safety of the public by implementing on-site public notices, fostering transparency, education, and community awareness.
Our 30+ years of expertise extends to the range of services requested, including weed control (pre- and post-emergent) in sidewalks, curbs, and gutters, cracks in streets, un landscaped rights-of-way and medians, open drains, vacant lots, slopes, and other areas throughout the City under the direction of the DCR. The multifaceted approach we employ ensures the care and maintenance of diverse ornamental and urban landscapes.
Material usage reports demand our accountability but also provide valuable insights to all parties for informed decision-making.
In summary, our understanding of the Scope of Services is comprehensive and unwavering.
We are dedicated to delivering top-tier services that prioritize the values the City has set forth- maintaining project areas with horticulturally acceptable growth and color, and the overall health and vitality of the landscapes we manage.
Draft of First Year's Schedule
RPW Services Inc. proposes to provide qualified employees, equipment, and methods approved by the city inspector to accomplish the tasks of weed abatement, minor insect, and pest control services.
Please refer to Project Schedule Table.
Council Agenda Packet, June 17, 2024
Project Schedule
Item/ Area Treated Service Type Frequency Per Year Projected Schedule Areal 2x
Area 2 2x
Area 3 2x Estimated l O days each semi-annual Weed Control, Area 4 Minor Insect 2x application OR 20 days tota l annually. and Pest Anticipated Service Months: June &
Area 5 Contro l 2x December .
Scheduling is weather dependent.
Area 6 2x
Residential & Commercial Streets 2x
Open Drains 2x
First application shall be done start of
flowering determined by monitoring
and inspections.
As Needed OR Application timeline will be dependent
Additionally requested on tree type and application method Tree Fruit Control Tree Health by DCR. best suited for location of tree .
Vacant Lots, Slopes, Un-
Maintained Medians Weed Control As Needed Schedule will be provided based on Flowers/Shrubs Plant Health As requested by DCR
requests.
Other (Additional Services) Unknown Determined by DCR
Council Agenda Packet, June 17, 2024
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
1001 I STREET
SACRAMENTO, CALIFORNIA 95814
lSSUED: January 01, 2024
EXPIRES: December 31, 2025
Mailing Address: ~
RPW SERVICES, INC.
PO BOX 5217
ORANGE, CA 92863
Pest Control Business - Main
.....-:::::;;::~ l~ NSE
expiration date.
Business Location
W SERVICES, INC.
0 N PACIFIC ST
NGE, CA 92865
POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW
THIS LICENSE IS NOT TRANSFERABLE -ANY CHANGE IN OWNERSHIP REQUIRES A NEW LICENSE □ca
CONTRACTORS
STATE LICENSE BOARD
ACTIVE LICENSE
Lk.no ♦ -942173 .... .., CORP
• ...., ... ....,, R P W SERVICES INC
Cluo>kation(o ) C2 7
"'""'""""' 01 /31/2026 www.cslb.ca.gov
@pr
DEPARTMENT OF PESTICIDE REGULATION
LICENSING/CERTIFICATION PROGRAM
QAL
QUALIFIED APPLICATOR LICENSE
LICENSE#: 96325 EXPIRES: 12/31/2025
Categories: ABCDEFGKLM Issued: 1/1/2024
PAUL WEBB
PO BOX 5217
ORANGE, CA 92863
1111 ffl 111111
This License must be shown to any representative of the Director or Commissioner upon request.
_, DEPARTMENT OF PESTICIDE REGULATION .
gpf UCENSING/CPTIC.AON PROGRAM • .. •••
AGRICULTURAL PEST CONTROL ADVISER LICENSE
LICENSE#: 71020
Categories: ABCDEG
PAUL WEBB
POBOX5217
ORANGE, CA 92863
EXPIRES: 12/31/2025
Issued: 1/1/2024
Council Agenda Packet, June 17, 2024
,' h,
', ,~ {
• 0:::
''0
M-
J
' ~ I ,
I ,' ' :z,
~ \
I , 1\~ ~(( f(t
, I I 'I,} I({ rr' i)~J~p
'·. '· l:i ~
0 \ I I~ "'7,! G) '~~ ' ...0 /, z .,
' ') \1 <( ' · ~ z(·, •"O , , . :l., ,w>,
( ·'' I ' I '\,l (i)
• ),;,. }), ~
/ z / w .
\ ~
' ; /; z .
' • ;l:c ~
, I , .,,, I 1 >,J ~•}J. l - ' ...e, :<.(
)~ 1'1~ !1,,{~ ~
• <I:: lJ..,
) .I
r,ig
'a, -~
,, }
\I\ ,( {
Council Agenda Packet, June 17, 2024
5/25/22, 8:36 AM htlps ://cad ir.secure . force . com/Contra ctorSea rch/P rintReg Details Contractor Information
Legal Entity Name
RPW SERVICES INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000014072
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
P.O. BOX 2342 FULLERTON 92837 CA United Sta ...
Physical Address
2330 N Pacific St. Orange 98265 CA United Stat...
Email Address
Trade Name/OBA
RPW SERVICES INC.
License Number(s)
Other :AGPEST30650
Other :PR3095
CSLB:C27-942173
Legal Entity Information
Corporation Number:
Federal Employment Identification Number:
President Name:
Paul Webb
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
Agent of Service Name :
Paul Webb
Agent of Service Mailing Address:
2330 N Pacific Orange 92865 CA United States of America Workers Compensation
Do you lease employees No
through Professional
https ://cadir .secure .force.com/ContractorSearch/PrintRegDeta ils Registration History
Effective Date Expiration Date
6/14/2018 6/30/2019
6/27/2017 6/30/2018
6/24/2016 6/30/2017
7/2/2015 6/30/2016
3/5/2015 6/30/2015
7/19/2019 6/30/2022
7/1/2022 6/30/2025
dY
Council Agenda Packet, June 17, 2024
5/25/22, 8:36 AM
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO
PEO InformationName
Insured by Carrier
PEO
Phone
https://cadir.secure .force.com/ContractorSearch/PrintRegDetails PEO
Email
Policy Holder Name:RPW SERVICES INC.Insurance Carrier:Accredited Surety and Casualty Policy Number:1ATCA16005217-0lnception date:10/24/2021Expiration Date:
10/24/2022
https://cadir.secu re.force.com/ContractorSearch /PrintRegDetails Council Agenda Packet, June 17, 2024
CITY OF La Verne
REQUEST FOR PROPOSAL
RFP (REQUEST FOR PROPOSAL)
NOTICE IS HEREBY GIVEN that sealed proposals will be received only by electronic submission at https://pbsystem.planetbids.com/portal/45040/portal-home for Weed Abatement & Weed Spraying SERVICES , no later than 2:00 p.m. on Wednesday, April 8, 2024, said RFP will be electronically open and available online. RFP received after this time will not be accepted as a viable proposal via hard copy or online.
The City reserves the right to change the Schedule of Events without prior notice or responsibility to Bidders. It is the Bidder’s sole responsibility to check PlanetBids on a consistent basis for changes.
It is the Bidder’s sole responsibility to ensure their response is received on time. Late submittals will be rejected regardless of circumstance.
**DO NOT REGISTER FOR THIS SOLICITATION THROUGH A THIRD PARTY OTHER THAN PLANETBIDS**
TO PARTICIPATE IN THIS SOLICITATION, access the City of La Verne PlanetBids Vendor Portal:
◼ Visit the City’s online bid system at https://pbsystem.planetbids.com/portal/45040/portal-home ; then, click on “Bid Opportunities”;
◼ Click on “New Vendor Registration” to create an account or log in with your existing account. ◼ View and download all posted documentation for the bid or proposal.
IF BIDDERS FAIL TO REGISTER WITH PLANETBIDS PRIOR TO SUBMITTING A RESPONSE, THE
CITY SHALL IMMEDIATELY REJECT THE RESPONSE YOU SUBMIT IN REFERENCE TO THIS REQUEST FOR BID.
Quotes shall be submitted online through the PlanetBids system. - DO NOT SUBMIT A HARDCOPY RESPONSE -
MULTI YEAR WEED ABATEMENT - HERBICIDE
AGREEMENT
SUBMISSION DEADLINE:
April 8, 2024 @ 2:00 pm
Council Agenda Packet, June 17, 2024
1. DESCRIPTION OF WORK/SCOPE OF WORK:
2. REQUIRED QUALIFICATIONS AND EXPERIENCE
At the time of submittal, bidders must meet the following requirements:
3. SERVICES DURATION: The City of La Verne is seeking proposals from experienced parties qualified to provide Weed/Herbicide spraying for city ROW, landscapes, and open spaces as well as for declared emergencies for the City of Verne. The service includes, but is not limited to the maintenance, delivery/pickup, supplies, and any labor associated with these services. It is intended for the awarded Contractor to enter into an annual contract term with a maximum term and any subsequent amendments or modifications not exceeding three (3) years, plus up to two (2) optional, one (1) year renewal terms.
4. DELIVERY AND OPENING OF PROPOSALS:
A. Bidder Registration: To participate in this RFP, interested parties must be registered as a “Prospective Bidder” within the City’s online bid system, PlanetBids. Registration can be accomplished by visiting the City’s website at https://pbsystem.planetbids.com/portal/45040/portal-home click on “Business”; “Requests for Bids and Proposals”; then, click on “Bid Opportunities” to access the City of La Verne’s PlanetBids Vendor Portal.
B. Bids are to be submitted electronically online. Electronic Bid System will close exactly at the date CONTRACTOR’S QUALIFICATIONS
The Contractor shall meet all of the following minimum qualifications:
1. C27 Contractor license preferred.
2. Must hold an agricultural pest control business license issued by the California Department of Pesticide Regulations.
3. One (1) staff member or more will be required to hold a QAL (Qualified Applicator License) – categories A, B, C, & F.
4. Registration with Department of Industrial Relations
The Contractor shall provide evidence of compliance with applicable permits where specifically required in these Specifications. Additional evidence (copies of permits, etc.) shall be provided if requested by the City. The Contractor shall obtain all necessary permits related to the services at its own expense.
The City of La Verne ("City") is seeking proposals ("Proposals") from qualified pesticide application contractors for a minimum two times per year Citywide weed abatement, minor insect and pest control on approximately 100 miles of City streets, vacant lots, slopes, open space, right of ways, and miscellaneous areas throughout the City of La Verne, under the direction of the Public Works Department. The City of La Verne is approximately 9 square miles and is a City in Los Angeles County.
These specifications establish a standard for the application of pesticides on City streets, vacant lots, slopes, right of ways and miscellaneous areas throughout the City of La Verne.
The City of La Verne is requiring pesticide /herbicide applicators with either a Qualified Applicator’s License (QAL) or Qualified Applicator’s Certificate (QAC). Applicators shall possess any of the license categories of A, B, C and F (all categories must be covered). At least one or more staff members must possess the Pest Control Advisor’s License (PCA) categories A, D, and E (all categories must be covered) to oversee this contract and to schedule work and meet with City staff as needed. The contractor shall perform work outlined in this specification within the regular Public Works Operations work hours unless weekend work is needed. The City is seeking to award an initial three-year contract with up to two additional one-year extensions.
Council Agenda Packet, June 17, 2024
and time outlined in the Notice Inviting Bids. All applicable forms required to be completed per the Bid Documents shall be submitted electronically prior to the Bid date and time. Hard copies will not be accepted. It is the Bidder’s sole responsibility to ensure that their bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.
C. In addition to Planet Bids' electronic bid opening, all proposals will be publicly presented to City Council in the Council Chambers of the La Verne City Hall on Monday, May 06, 2024
D. Bids will be available at the date and time stated in the Notice Inviting Bids, each Bid will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to rejec t any or all Bids and to waive any informality or irregularity in any Bid.
E. Any licensee who considers himself qualified may submit a letter to the Agency from the State Registrar of Contractors that the license held qualifies the bidder to perform the work described within the contract and specifications.
5. AGENCY’S RIGHTS RESERVED: The Agency reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. No bidder may withdraw his bid for a period of 60 days after the bid opening.
The Contractor and subcontractors working in the City of La Verne must retain records pertaining to said project for a minimum of five (5) years. Record to be retained include but not limited to documents regarding, change orders, field directives, etc.
________________________________
Debra Fritz
Deputy City Clerk
DO NOT REGISTER FOR THIS SOLICITATION THROUGH A THIRD PARTY OTHER THAN PLANETBIDS. BIDDERS MUST BE LISTED ON THE CITY OF LA VERNE’S “PROSPECTIVE BIDDERS LIST ” ON PLANETBIDS TO PARTICIPATE IN THIS BID. IF BIDDERS FAIL TO
REGISTER WITH PLANETBIDS PRIOR TO SUBMITTING A RESPONSE, THE CITY SHALL IMMEDIATELY REJECT ANY RESPONSE TO YOU.
w
Council Agenda Packet, June 17, 2024
SUBMIT IN REFERENCE TO THIS SOLICITATION.
A. Pre-Bid Meeting/Job Walk: YES ☐ NO ☒
Mandatory: YES ☐ NO ☒
Date
Time
Location
Contact
BIDDER’S EXAMINATION OF SITES: Regardless if a pre -bid meeting/job walk will be conducted, bidders are required to fully understand each site, specifications and scope of services. Refer to the Scope of Services for exact site location(s). The City shall assume that the Bidder has investigated and is satisfied with the conditions to be encountered at each site as to the character, quality, and quantity of work to be performed, materials to be furnished, and as to the requirements of these specifications. It is mutually agreed that submission of a bid shall be considered evidence that the Bidder has made such examination as required in this paragraph.
B. Questions and Addenda
1. Bidders must examine all documents and any addenda posted to PlanetBids, and seek clarification of any ambiguity, conflict, omission, or error. If an answer materially affects the solicitation, the information will be incorporated into an addendum and distributed to all registered Prospective Bidders via PlanetBids.
2. All questions related to this solicitation must be submitted through PlanetBids prior to the due date and time for questions published in the “Schedule of Events”.
3. To submit a question, visit the City’s online bid system, PlanetBids at https://pbsystem.planetbids.com/portal/45040/portal-home click on “Business”; “Requests for Bids and Proposals”; then, click on “ Bid Opportunities”; log into the PlanetBids Vendor Portal; select the solicitation; then, click on the “Q&A” tab.
4. Addenda notices will only be emailed to Bidders that have registered as a Prospective Bidder through PlanetBids; no other means of contact will be made by the City. It is the Bidder’s responsibility to check PlanetBids to determine if any addenda have been posted prior to the due date and time, and acknowledge the addenda within PlanetBids.
5. For general inquiries or instructions on how to submit a question through PlanetBids, please contact the Planet Bids BidsOnline system team as shown below (M-F from 8 a.m. to 5 p.m.): [email protected] or call 818-992-1771, ext. 0.
6. The names of all Respondents that have submitted a response will be posted in PlanetBids. Respondents are responsible for checking the City’s website for current updates and notices. The City’s website address is http://www.cityoflaverne.org. To locate all posted documentation, click on “Business”; “Requests for Bids and Proposals; “Bid Opportunities”; then, register as a vendor or login to the City of La Verne’s PlanetBids Vendor Portal.
Council Agenda Packet, June 17, 2024
C. PREVAILING WAGES (When Applicable)
APPLICABLE: X NOT APPLICABLE:
1. Pursuant to applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this agreement shall be paid to all workman employed on the work to be done according to this contract by the Contractor, or any Subcontractor and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The City Engineer has on file the prevailing rate of per diem wages or they may be obtained online at http/ /www.dir.ca.gov/dlsr. Contractor will furnish same to be posted at the job site.
2. Prevailing Wage Threshold. La Verne public works construction, alteration, demolition, installation, repair and maintenance contracts valued at $1,000 or greater are subject to the payment of prevailing wages, as established by the DIR.
3. DIR Registration. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract. Contractor and their subcontractors, shall be registered with the California Department of Industrial Relations (DIR) as a contractor eligible to work on Public Works Projects .
4. The City shall withhold and retain all amounts required to satisfy the Civil Wage and Penalty Assessment. (§ 1727(a)).
5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is required to submit electronic certified payroll to the DIR. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner. [Labor Code § 1771.4(a)(3)]. Does not apply to projects of $25,000 or less when the project is for construction, al teration, demolition, installation, or repair work, or for projects of $15,000 or less whe n the project is for maintenance work. Contractors and subcontractors must retain records for at least 3 years after completion of the work.
6. TECHNICAL SUBMITTAL INSTRUCTIONS AND CONTENT
A. Submittal Instructions
Bidders shall submit their quote response online through the PlanetBids system.
DO NOT SUBMIT A HARDCOPY RESPONSE.
1. Instructions for Entering an Electronic Response
In order to access the BidsOnline system and ensure successful online submission of your response, follow these steps:
a. Go to https://pbsystem.planetbids.com/portal/45040/portal-home, the PlanetBids Vendor Portal for the City of La Verne.
b. On the Vendor Portal page, log into the system (lower right-hand corner of screen) with your assigned username and password. (You must be registered in order to download documents and submit a bid.)
Council Agenda Packet, June 17, 2024
c. Click on "Bid Opportunities" and then on the Bid # and Description that you wish to bid on. The selected bid will open to allow you to access all tabs, documents and the pricing sheet.
d. Click on the “Documents & Attachment” tab to be sure you have downloaded all documents that are part of this bid.
➢ If you have not already downloaded all bid documents, you must download them now, in order to submit your bid. The screen will indicate which documents you have already downloaded.
e. Click on the tab "Addenda & Emails" to be sure you have read and acknowledged all addenda that have been issued for this bid.
➢ The screen will display "yes" or "no" next to each addendum to indicate whether you have viewed and acknowledged it. If you have not previously acknowledged an addendum, do so now by clicking on the addendum to open and read it, then click on the "Acknowle dge" button on the lower left- hand corner of screen.
f. To begin entering your bid, click on "Place eBid" on the lower right corner of the screen. The bid "Terms and Conditions" will pop up with a button for you to click "Accept" to acknowledge your agreement to the terms of the bid.
g. Enter the Bidder information on the “Detail” tab.
h. Click the “Attach” button on the “Attachments” tab, browse to your scanned Bid Submittal Documents, and upload all Bid Submittal Documents as a single PDF file.
i. When applicable, click on the "Line Items" tab and enter your unit prices on each line. The system will calculate the extended costs and grand total for you.
NOTE: If the “Line Items” tab is not active, pricing is not being requested.
j. When you have finished entering all pricing and attachments, click on the “Save” button. This saves your response as a draft for you to review or revise as needed anytime up to the submittal deadline. When you are ready to submit, click the “Submit” button. You will receive a confirming message that states “Bid Successfully Submitted… Your bid has been successfully submitted to the City of La Verne ”; a “Bid Confirmation Number” and a day and time stamp will be provided. Click “OK” to finalize.
k. Note: E-Bids are sealed and cannot be viewed by the City until the closing date and time. As noted in the screen print above, if you need to withdraw your response, you may do so any time before the deadline, by going back into the system and selecting “withdraw.”
l. Please begin entering your response in sufficient time to complete and submit it prior to the stated deadline. The official closing time for the response is determined, and controlled, by the electronic clock in the bid management system. Once the deadline is reached, the system will not allow any responses to be submitted, and any in progress that are not completed will be rejected. The amount of time required to enter and submit your response depends on the
Council Agenda Packet, June 17, 2024
complexity of the solicitation and the processing speed of your server and internet connections.
2. PlanetBids Technical Support
a. In the event you encounter technical difficulties during the uploading process, please contact the Planet Bids, BidsOnline system team as shown below (M-F from 8 am to 5 pm):
[email protected] or call (818) 992-1771 ext. 0
b. Submittal documents must be uploaded to the BidsOnline system no later than the date and time listed on the Schedule of Events. Late responses will not be accepted. No other method of submittal will be accepted.
3. Required Format, Forms and Attachments
The format and organization of the Respondent’s submittal shall be in accordance with instructions as specified throughout the document. Forms included in the Required Forms section must be completed and signed by a company principal or officer. All completed forms must be returned with the response. The City reserves the right to reject submittals that do not follow the specified format, organization and do not have the specified required forms and/or attachments.
Responses must be signed in longhand by the Respondent with his/her usual signature in the designated areas within the solicitation documents. Submittals must be signed by any and all representatives legally authorized to contractually bind the Bidder.
4. Brands and Acceptable Alternates (if applicable)
a. Any references to manufacturers, trade names, brand names and/or catalog numbers are intended to be descriptive, but not restrictive, unless otherwise stated, and are intended to indicate the quality level desired.
b. Bidders are strongly encouraged to submit any proposed alternates for prior review by the due date and time for questions, which will be responded to by way of an addendum.
c. Bidders may offer any alternate product that meets or exceeds the specifications. Proposed alternatives to the published specifications must be clearly identified and described in detail using the form provided herein, see the Section for “Exceptions” herein. Bids based on alternate products must include:
• A complete description of the alternate product being offered, and indicate how it differs from the product specified; and
• Documentation for evidence that the proposed alternate will be equal to, or better than the product specified.
d. Upon the City’s request, it is the bidder’s responsibility to provide, at their expense, any product information, test data, live demonstrations, or other information the City requests to properly evaluate and prove the acceptability of the proposed alternate.
Council Agenda Packet, June 17, 2024
e. The City reserves the right to determine whether an alternate specification is acceptable and meets the standards of quality indicated in the published specifications.
f. If Bidder does not specify any alternates, it is understood that the specified brand and model will be supplied.
5. Quantities
a. Quantities listed herein are estimates and are not a guarantee.
b. The City reserves the right to increase or decrease the quantities ordered at the prices bid, and to modify other provisions the City may deem necessary to best meet its needs.
6. Prices
a. Bidders are advised that in the event of a discrepancy the unit price shall prevail.
b. Prices shall be inclusive of all costs to provide goods and/or services as requested by the City. All orders shall be F.O.B. (Free On Board) Destination.
Any freight/delivery charges shall be included. No additional costs of any kind will be authorized unless specifically itemized herein.
7. RESERVATION OF RIGHTS AND REJECTION OF BIDS
This solicitation does not commit the City to award a contract. The City reserves the right at its sole discretion to:
1. Reject responses received after the due date and time specified. The City will not return late submittals. Late submittals will be destroyed by the City 30 days after opening.
2. Cancel the entire solicitation before the due date and time, and re -advertise when determined to be in the City’s best interest.
3. Accept or reject any submittals, and waive any minor errors, informalities, and procedures without penalty to the extent permitted by law.
4. Be the final judge as to which response is the most qualified.
5. Consider any of the following as non -responsive and subject to rejection for this solicitation:
a. Responses from Respondent that are not registered as a prospective bidder in PlanetBids for the City of La Verne for this specific solicitation. b. Responses containing items not specified.
c. Responses containing incorrect items.
d. Responses that do not respond to items in the manner specified. e. Responses received by telephone, email or facsimile. f. Responses that fail to specifically provide the information requested; and g. Responses otherwise not compliant with the instructions and requirements.
Council Agenda Packet, June 17, 2024
A. Disqualification
1. Bidders must be listed on the City of La Verne's "prospective bidders list" on PlanetBids to participate in this bid. If bidders fail to register with PlanetBids prior to submitting a response, the city shall immediately reject any response you submit in reference to this solicitation.
8. VENDOR/CONTRACTOR SELECTION
The award, if any, shall be made to the lowest responsible bidder pursuant to the City of La Verne Policy. In addition to price, the "lowest responsible bidder" will be determined by consideration of the following factors:
1. The quality, availability and suitability of the supplies, equipment or services to the particular use required.
2. The ability, capacity and skill of the bidder to perform the service required.
3. Whether the bidder has the financial resources and facilities to perform or provide the service promptly, or within the time specified, without delay or interference.
4. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
5. The bidder's record of performance or previous contracts or services, including compliance by the bidder with laws and ordinances relating to such contracts or services.
6. The ability of the bidder to provide future maintenance and service for the use of the equipment or materials to be purchased.
7. The scope of conditions attached to the bid by the bidder.
7. INDEMNITY AND INSURANCE
A. INDEMNITY. CONTRACTOR hereby agrees to protect, indemnify and hold the CITY and its employees, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred by the CITY to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries including employees of the CITY, death or damages injuries, including employees of the CITY, death or damages to property (including property of the CITY) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder, except only such injury to persons or damage to property due or claimed to be due to the sole negligence of the CITY. This provision is not intended to create any cause of action in favor of any third party against CO NTRACTOR or the CITY or to enlarge in any way the CONTRACTOR’S.
Council Agenda Packet, June 17, 2024
liability but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to th ird persons or property arising from CONTRACTOR's negligent performance hereunder.
B. INSURANCE. CONTRACTOR will procure and maintain at all times during the term of this AGREEMENT insurance as set forth in Exhibit "A" attached hereto.
8. EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The form of such Executive Order N-6-22 Certificate is included with the required forms and must be signed and dated under penalty of perjury.
[LEFT BLANK INTENTIONALLY]
Council Agenda Packet, June 17, 2024
SCOPE OF SERVICES AND/OR SPECIFICATIONS
The contractor shall furnish all labor, materials, equipment, tools, services , and special skills required to perform regular citywide weed abatement in keeping with the highest standards of regulatory compliance. Services provided by Contractor shall include, but not be limited to, weed control (pre-and post-emergent) in sidewalks, curbs, and gutters, cracks in streets, un-landscaped rights-of-way and medians, open drains, vacant lots, slopes, and other areas throughout the City under the direction of the Designated City Representative (DCR).
Gutter plate to the median, curb, and to the public right of way of the sidewalk.
I. WEED ABATEMENT
The contractor shall control weeds on sidewalks, curbs and gutters, and street cracks, at a frequency of no less than two (2) times a year and as needed for tree wells, flowers and shrubs, un-maintained/un-landscaped medians, right of ways, slopes, open drains and, designated park areas throughout the City of La Verne as directed by the DCR.
Areas identified for weed abatement are as follows:
A. Area 1- Baseline north to Golden Hills, Wheeler Ave west to City limits.
B. Area 2- Wheeler Ave east to Esperanza, Baseline north to north City limits.
C. Area 3- Baseline south to Foothill and north of Baseline from Esperanza to Rodeo LN.
Foothill/Baseline connection to east city limits. (Wedge area) Include Dawn.
D. Area 4- Foothill south to south City limits, White Ave to west City limits.
E. Area 5-Foothill South to Bonita from White Ave to Wheeler Ave.
F. Area 6-Foothill south to south City limits, to Include San Polo business district, White Ave to west City limits. (see map)
2 • ..
•.
J
~
"'3
...
,... 5 •
il
4 •
~
Council Agenda Packet, June 17, 2024
A. Residential and Commercial Streets
Citywide - Sidewalks, curbs and gutters, street cracks, and un -maintained rights-of-way minimum twice yearly and as needed to ensure no weed or vegetation growth occurs.
B. Vacant Lots, Slopes, Un-landscaped Medians as needed
Contactor shall keep the following sites free of vegetation and weeds. Any issues arising from unsuccessful weed control will require the contractor to manually abate the weeds.
C. Tree Fruit Control
Trees shall be sprayed as needed. The first application shall be at the start of flowering to control fruit set. This usually occurs between March and April, but the Contractor shall be responsible for monitoring the occurrence. Additional fruit control may be needed, as requested by the DCR.
D. Open Drains
Open drains shall be sprayed a minimum of two times per year to control weeds in these unimproved earthen runoff channels. Contractor shall use chemicals approved and labeled for weed control around standing water.
E. Flowers/shrubs
Flowers and shrubs shall be sprayed as requested by DCR.
F. Other
City reserves the right to request additional services as determined by DCR.
Council Agenda Packet, June 17, 2024
II. OTHER REQUIREMENTS
A. Spray Rig Requirement. Contractor shall have a vehicle capable of performing street weed abatement. All tanks holding pesticides /herbicides shall be properly labeled and maintained. The spray unit shall be inspected and approved by the DCR, or designee, before operating in the City of La Verne. Contractor must notify the DCR of any changes and receive approval prior to resuming services.
B. Spray Indicator. Contractor shall be required to use an approved spray indicator while performing weed abatement throughout the City of La Verne and during the contract period.
C. Progress Meetings. Before work commences and when completed of all areas.
D. Communications. Contractor shall supply the designated Supervisor's cellular phone, which must be maintained to receive calls.
E. Frequency and Work Hours. Contractor shall perform services during weekdays unless weekend work is needed, as requested by the DCR.
F. Safety. Contractor shall abide by the following:
1. State Occupational Health and Safety Law of 1973 (Cal OSHA) Section 6300 Et Seq. of California Labor Code.
2. La Verne City Code.
3. Other Federal, State, or Municipal acts, statutes, rulings, ordinances, decisions, or regulations, which in any manner affect those employed under the materials used in the execution of this Agreement.
4. All Subsequent revisions and supplements to the above codes or regulations.
5. In the event any work operation that is the responsibility of the Contractor results in a safety hazard or emergency incident, Contractor shall immediately initiate corrective action and inform the DCR of the situation and final disposition.
G. Supervision. The Contractor Supervisor and his staff must have expertise and experience in weed abatement, plant identification, and chemical selection and use.
Council Agenda Packet, June 17, 2024
H. Minor Insect and Pest Control
The Contractors applicators shall hold a valid Qualified Applicator License (QAL) or a Qualified Applicator Certificate (QAC) with categories A, B, C, and F issued by the State of California, Department of Food and Agriculture. Applicators may possess any combination of the above 4 categories as long as all categories are covered. At least one or more staff members must possess the Pest Control Advisor’s License (PCA) categories A, D, and E (as long as all categories are covered). The Contractor must supply the City with a photocopy of all licenses. The Contractor shall assume responsibility and liability for the use of all chemicals and their applications.
(1) The Contractor shall select and supply proper materials and licensed personnel and obtain necessary permits to comply with all City, County, State and Federal Regulations or Laws.
(2) The Contractor shall submit a list for approval by the Public Works Maintenance Supervisor or his designated DRC of all chemical pesticides proposed for use under this contract. Attached to the list will be the current label and safety data sheet (SDS) for each chemical on the list. Materials included on this list shall be limited to chemicals approved for use by the State of California Department of Food and Agriculture. No chemical pesticide shall be applied until its use is approved in writing by the City inspector as appropriate for the proposed purpose. The application of chemicals shall conform to the current Los Angeles County Department of Food and Agriculture regulations.
(3) Restricted use of pesticides must be preceded by notification to the city representative one week prior to the planned application date. The notification must be in writing and shall include the pest control advisor's written recommendation. A notice of intent shall be filed with the Los Angeles County Agricultural Commissioner’s office as per State and County guidelines.
(4) Integrated pest management techniques shall be used whenever possible, e.g. use of approved biological, mechanical, or exclusionary control methods.
(5) Pest Control Advisor recommendations shall be written for all types of chemical applications. Recommendations shall be written on forms approved by the Los Angeles County Agricultural Commissioner and a copy shall be provided to the Public Services Supervisor or his representative prior to the application. All recommendations shall follow the guidelines set forth by the State, and County Agricultural Commissioner regarding pest control advisor recommendations.
(6) Pesticide application records shall be kept in accordance with all California Department of Food and Agriculture, State and Federal Law. A copy of each recommendation, monthly use report, notice of intent, restricted use permit, annual inspection documentation and license shall be provided to the City.
Council Agenda Packet, June 17, 2024
REGULATORY REQUIREMENTS
The Contractor shall comply with all applicable regulatory requirements including, but not limited to, the following:
1. Must be registered with the LA County Agricultural Commissioner’s Office
GENERAL REQUIREMENTS
A. Contractor shall provide all material and equipment to provide services required by the Contract, including all Personal Protective Equipment (PPE) and safety devices in accordance with regulatory requirements and safe industry practices.
B. CAL-OSHA and Other Regulations - The contractor shall comply with any applicable local, state, or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act.
Personnel - The contractor shall furnish personnel who are thoroughly qualified to perform chemical weed abatement procedures and practices. The contractor’s employees must always be in uniform and conduct themselves in a professional manner in all places, including buildings and throughout the facilities. Only contractor -designated personnel will be allowed on the premises. Workers are not permitted to bring friends or children onto the premises at any time.
The contractor and crew must use their own cell phones. Use of city telephones is prohibited except with prior written permission of the Facilities Manager or Agreement Administrator.
The contractor shall certify that all employees selected to perform the duties in the City have never been convicted of any felonies. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities. Contractor shall have a rec ruitment process that incorporates a Pre-Employment Screening Program that includes:
1. An employment reference check
2. A criminal background check and a fingerprint check
3. A drug and alcohol screening test
4. Social Security verification
5. INS-9 Verification (proof of INS-9 verification must be provided to the City upon request)
C. Contractor shall forward to the City, upon award of contract, the following information and ensure the information is updated throughout the term of the contract:
a. Sales Office Address
b. Telephone Number(s), including emergency number (answered 24 hours per day) c. Normal working hours
d. Responsible Personnel
e. A list of all personnel who will be working on the project. f. Copy of California driver's license or ID card for all personnel on the project g. Vehicle license plate numbers of all vehicles to be used on the project.
Council Agenda Packet, June 17, 2024
BID PROPOSAL SHEET #A (Citywide) SYNTHETIC PESTICIDES
Evaluation of the proposal will be based upon the prices bid for Synthetic Pesticides. The undersigned hereby proposes and agrees to perform all the work and improvements therein described, and to furnish all labor and materials, equipment and incident ins urance necessary therefore, in accordance with the specifications therefore, known as "Citywide Weed Abatement, Minor Insect And Pest Control, and further agrees to enter into a contract therefore in the time, form and manner provided by law at the following prices to wit:
DESCRIPTION PRICE PER MAN HOUR
Regular Citywide Weed Abatement:
Per man hour, California Licensed Applicator………….$ /hour Per man hour, Assistant Applicator ……>……………..$ /hour
The City will consider a Consumer Price Index adjustment to the hourly rates on an annual basis based on the agreement terms.
Year 2 Escalator
Year 3 Escalator
Year 4 Escalator (If Optional Term is Activated)
Year 5 Escalator (If Optional Term is Activated)
The City is not financially responsible for any salary differential paid to the designated Supervisor as all billing is based on per-hour Applicator rates. Any expenses with the attendance of meetings and/or conferences are the financial responsibility of the Contractor. All monthly reports, as outlined in this Scope of Work are to be submitted with the monthly billing invoice. Invoices shall be submitted within two weeks prior to the end of each month.
Council Agenda Packet, June 17, 2024
Required Forms
THE FOLLOWING FORMS MUST BE
SUBMITTED WITH RFP RESPONSE.
Council Agenda Packet, June 17, 2024
ACKNOWLEDGEMENT AND SIGNATURE OF AUTHORIZATION
BID TITLE
I ,
(Full Name) (Title)
have read and understand the
The RFP document and I are duly authorized to commit my company to sell/perform the products/services described herein. I understand by signing this RFP I am not obligating the City to make this procurement, nor am I signing a contract to sell/perform this product/service. By signing this document, I agree to comply with all specifications, scope of services, requirements, terms, and conditions described herein, unless specifically noted. This RFP is firm for 180 days from the due date identified on PlanetBids.
Authorized Representative:
Signature Date
Council Agenda Packet, June 17, 2024
CITY OF LA VERNE
PROFESSIONAL SERVICES AGREEMENT
WITH
XXXXXXXXX
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this --------- and shall be effective on ---------- (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and XXXXXXXXXXX., a California corporation (“Contractor”).
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance and repair services to the City’s heating and air conditioning systems, as more fully described herein; and
B. Contractor represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A.”
1.2. Professional Practices . All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
Council Agenda Packet, June 17, 2024
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applic able to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and c osts, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
All work is subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774. Appropriate records demonstrating compliance with such a requirement shall be alwa ys maintained in a safe and secure location, and readily available at City’s request. Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) th e noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay stat e prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without l imitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non - payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written
Council Agenda Packet, June 17, 2024
consent of City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Contractor’s proposal, without prior written approval of the Contract Administrator. In the eve nt that key personnel leave the Contractor’s employ, Contractor shall notify City immediately. Payment of subcontractors and other personnel to perform services contemplated by this Agreement shall be at Contractor’s sole cost and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosur e is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.
1.9 Covid-19 Safety and other Similar Requirements. If Contractor enters City property or meets in person with City employees during the performance of the Services, Contractor shall comply with all State, County, and local emergency orders, directives, protocols, and best practices to include COVID-19 and all other unforeseen emergencies or conditions.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).
Contractor’s total compensation for routine/preventative maintenance described on Exhibit B, page 1 shall not exceed Thirty Three Thousand Two Hundred Dollars ($33,200.00) annually except as otherwise provided in any future contract amendment. Any other repair or replacement services shall be paid pursuant to the fees set out on Exhibit B, page 2. All fees and prices shall include all applicable sales taxes. After the initial three year term of the Agreement, Contractor may seek a compensation increase for optional extension periods based upon increases in the Consumer Price Index as approved by the Finance Director.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City Manager or designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing . Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty -five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order or purchase order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
Council Agenda Packet, June 17, 2024
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “A,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID -19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a materia l breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on December 31, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by 2 additional 1 year periods upon mutual written agreement of both parties.
4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor.
The ter mination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor.
Council Agenda Packet, June 17, 2024
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s s ole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or bett er in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Millio n Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the C ity, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Contractor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.”
Council Agenda Packet, June 17, 2024
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Contractor’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Council Agenda Packet, June 17, 2024
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
(CONTRACTOR
(ADDRESS
(CITY, STATE, ZIP)
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: Tel: (909)368-0664
Attn: Attn: Ramiro Nunez
Courtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing
6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s
Council Agenda Packet, June 17, 2024
obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omis sions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Com pensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s 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 C ity any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contra ctor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby
Council Agenda Packet, June 17, 2024
agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributi on and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and e xpenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, r eports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.13. Public Records Act Disclosure . Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000, et seq.).
Exceptions to public disclosure may be thos e documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
Council Agenda Packet, June 17, 2024
6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provis ion or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.20. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other Contractors for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any pro vision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event s hall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
Council Agenda Packet, June 17, 2024
6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.27. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
Council Agenda Packet, June 17, 2024
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
President
CITY OF LA VERNE
__________________________________ Date: __________________________ [Name]
[Mayor or City Manager or Purchasing Officer]
ATTEST:
__________________________________
[NAME]
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
Council Agenda Packet, June 17, 2024
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Ramiro Nunez
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Meg McWade
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Christy Lopez
Finance Director
Council Agenda Packet, June 17, 2024
EXHIBIT A
REQUEST FOR PROPOSALS
Council Agenda Packet, June 17, 2024
EXHIBIT B
CONTRACTOR’S PROPOSAL
Council Agenda Packet, June 17, 2024
EXHIBIT C
FEE SCHEDULE
Council Agenda Packet, June 17, 2024
EXHIBIT D
PROJECT SCHEDULE
Council Agenda Packet, June 17, 2024
REFERENCES
Provide three (3) past or current federal, state or local government agency references that are comparable to the size of the City of La Verne that your company has directly contracted with as the primary contractor. Goods or services provided must be equal to the specifications or scope of services published herein. References must be for goods or services provided within the past five (5) years.
1. Company
Name
Address
City State Zip
Contact Name and Title:
Telephone Email
Number of years that services have been or were provided:
Service provided:
2. Company
Name
Address
City State Zip
Contact Name and Title:
Telephone Email
Number of years that services have been or were provided:
Service provided:
3. Company
Name
Address
City State Zip
Contact Name and Title:
Telephone Email
Number of years that services have been or were provided:
Service provided:
Council Agenda Packet, June 17, 2024
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Pomona funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of La Verne with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Council Agenda Packet, June 17, 2024
EXHIBIT “A”
INSURANCE REQUIREMENTS
CONTRACTOR will maintain throughout the durat ion of the term of the AGREEMENT, Liability Insurance covering CON TRACTOR and designating CITY including its elected or appointed officials, directors, officers, authorized agents, and employees, as additional insureds against claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of CONTRACTOR's work, in amounts no less than the following, and with such deductibles as are ordinary and reasonable in keeping with industry standards. It must be stated, in the Additional Insured Endorsement, that the CONTRACTOR's insurance policies must be primary with respect to any claims related to or as the result of the CONTRACTOR's work. Any insurance, pooled coverage, or self-insurance maintained by CITY, its elected or appointed officials, directors, officers, authorized agents, and employees must be non-contributory. The Additional Insured Endorsement does not apply to the Professional Liability or Workers' Compensation Insurance requirement.
Professional Liability Insurance:
a. General Aggregate
$2,000,000 per claim and in the aggregate
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $50,000
f. Medical Expense (any one
person)
$5,000
Workers' Compensation:
a. Workers' Compensation Statutory
Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined $1,000,000
Council Agenda Packet, June 17, 2024
CONTRACTOR will provide thirty (30) days advance notice to CITY in the event of cancellation of any coverage. Certificates of insurance and additional insured endorsements must be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates constitutes a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, CITY has the right but not the duty to obtain replacement insurance and to charge the CONTRACTOR for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the CONTRACTOR.
Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-: VII or better. Acceptance of insurance from a carrier with a rating lower than A-: VII is subject to approval by City's Risk Manager. CONTRACTOR shall immediately advise the CITY of any litigation that may affect these insurance policies
Council Agenda Packet, June 17, 2024
City of La Verne,City Council
Agenda Report
DATE: June 17, 2024
TO: Honorable Mayor and City Council
FROM: Colin Purdy, Acting Maintenance Manager
Meg McWade, Public Works Director
Lisa O'Brien, Senior Management Analyst
SUBJECT: AWARD OF CONTRACT (UP TO FIVE-YEAR) TO GREENSCAPE MAINTENANCE SERVICES, INC. FOR LANDSCAPE MAINTENANCE AND
FUEL MODIFICATION SERVICES IN THE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICTS
SUMMARY
The City is responsible for the landscape maintenance of eight Landscaping and Lighting Maintenance District areas throughout La Verne which are maintained by contractors. City staff sent out a Request for Proposals to obtain the most up-to-date and competitive pricing. Greenscape Maintenance Services, Inc. was the lowest, responsible and responsive bidder. The initial base bid amount is $193,553.00, the contract is for a maximum of five years and set up to provide operational flexibility based on assessment revenues throughout the district zones.
RECOMMENDATION
That the City Council approve an initial three-year maintenance agreement with Greenscape Maintenance Services, Inc., to provide landscape maintenance services for Landscaping and Lighting Maintenance Districts (LLMD), and authorize City Manager, or designee to execute any future amendments or related contract documents.
DISCUSSION
The City of La Verne provides landscape maintenance services for Landscaping and Lighting & Maintenance Districts (LLMD's) throughout the City. LLMD's are broken up into eight areas:
District #6, Zones 2, 3, 4-1, 4-2, 5, 6, District #7 and District #8. The main focus of these efforts is contractual landscape maintenance services within LLMD #6. The focus within LLMD #7 is fuel modification with minor landscape maintenance, and is solely fuel management in LLMD #8. The City has previously contracted with the Los Angeles County Agricultural Commissioner for brush clearance activities within LLMD's #7 and #8. As rates have dramatically increased, including these activities in the LLMD service agreement will provide more cost-efficient fuel management services.
The existing contracts for landscape maintenance services within the LLMD's are several years old and have not been formally bid in many years. Additionally, the funding levels for the LLMD's are in fluctuation and a new agreement must include options for flexibility, based on revenues.
Staff prepared a solicitation that requested pricing for three varying levels of service within each of the LLMD's. The service level within each LLMD will be determined based upon the available
Council Agenda Packet, June 17, 2024
Award of Contract (Up to Five-Year) to Greenscape Maintenance services, Inc. for Landscape Maintenance and Fuel Modification Services in the Landscaping and Lighting Maintenance Districts, Page 2
funding, via the assessment. This will ensure that the maximum service level is achieved without exceeding the available funding. A total of three bids were received for this particular contract and are shown in the following table:
BIDDER TOTAL
Greenscape Maintenance Serv., Inc. $193,553.00
Excel Landscape $349,560.00
Southern California Tree & Land., Inc. $367,740.00
Staff evaluated the bid of the apparent low bidder and found Greenscape Maintenance Services, Inc. to be the most responsible, lowest and responsive bid of the three received. The price consideration was based on the overall base bid for the level of service selected at each mapped location. They currently provide satisfactory services within La Verne and some surrounding communities.
FISCAL ANALYSIS
The annual cost of this contract ranges from $186,492 to $282,127 and will be included in the regular budget process for the Public Works Department. Funding for this contract is primarily from the assessments of the respective districts. Should a reduction or increase in service levels be required based on Assessment District funding, these service level modifications can be administratively handled based on the recommended City Council action.
ENVIRONMENTAL ANALYSIS
Staff has determined that this project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15301 and City of La Verne environmental guidelines.
LEGAL REVIEW
This report and attached Agreement have been reviewed and approved by the City Attorney.
ATTACHMENTS
1. MSA Greenscape Maintenance Services Inc. 2
2. LLMD RFP
3. LLMD RFP addendum No.1
4. LLMD RFP addendum No.2
5. LLMD
Bid Response Summary
6. LLMD Bid Response Docs
Report Prepared By:
Colin Purdy, Acting Maintenance Manager
Council Agenda Packet, June 17, 2024
1 [Contractor’s name]
Form Rev. 6-4-24
CITY OF LA VERNE
MAINTENANCE SERVICES AGREEMENT
WITH
GREENSCAPE MAINTENANCE SERVICES, INC. FOR LANDSCAPE MAINTENANCE AND
FUEL MODIFICATION SERVICES IN THE LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT AREAS WITHIN THE CITY OF LA VERNE
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and Greenscape Maintenance Services, Inc., a California corporation (“Contractor”).
W I T N E S S E T H :
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of Lighting and Landscape Maintenance District (LLMD) property that the City is responsible to maintain, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the services described in the City’s Request for Proposal (“RFP”), attached hereto as Exhibit “A,” and Contractor’s response to City’s RFP (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).
1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720, et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000, et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Council Agenda Packet, June 17, 2024
2 [Contractor’s name]
Form Rev. 6-4-24
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810, et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, 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 Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
Council Agenda Packet, June 17, 2024
3 [Contractor’s name]
Form Rev. 6-4-24
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the work will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Compliance with Applicable Law. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.
1.7. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.
Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s total compensation shall not exceed Two Hundred Eighty Two Thousand One Hundred Twenty Seven Dollars ($ 282,127.00) in the initial year with future years subject to budgeted appropriations with changes authorized by City Manager. The City reserves the right to increase or reduce service levels in any of the individual LLMD areas, based on
Council Agenda Packet, June 17, 2024
4 [Contractor’s name]
Form Rev. 6-4-24
priorities of the City and will do so in writing providing at least 60-day notice to the Contractor.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, and the associated time for completion.
2.4. Records and Audits. Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The Services shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, pandemics (excluding COVID-19) or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on June 30, 2027, with two (2) one (1) year optional renewal terms, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with
Council Agenda Packet, June 17, 2024
5 [Contractor’s name]
Form Rev. 6-4-24
the fees set forth herein.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Contractor’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
Council Agenda Packet, June 17, 2024
6 [Contractor’s name]
Form Rev. 6-4-24
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, agents, employees, and volunteers.
(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
Council Agenda Packet, June 17, 2024
7 [Contractor’s name]
Form Rev. 6-4-24
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Greenscape Maintenance Services,
Inc.
P.O. Box 1608
Upland, CA 91785
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: (909) 322-0544 Tel: (909) 596-8726
Attn: Robert Franklin Attn:
Courtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing
6.5. Drug-free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in the United States Drug-Free Workplace Act of 1988, 41 U.S.C. Section 701, et seq. Contractor's failure to conform to the requirements set forth in this law will constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
Council Agenda Packet, June 17, 2024
8 [Contractor’s name]
Form Rev. 6-4-24
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s 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 paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
Council Agenda Packet, June 17, 2024
9 [Contractor’s name]
Form Rev. 6-4-24
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
Council Agenda Packet, June 17, 2024
10 [Contractor’s name]
Form Rev. 6-4-24
this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
Council Agenda Packet, June 17, 2024
11 [Contractor’s name]
Form Rev. 6-4-24
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
CITY OF LA VERNE
__________________________________ Date: __________________________ ATTEST:
__________________________________
Debra Fritz
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
Council Agenda Packet, June 17, 2024
APPROVED AS TO CONTENT: Date:
Project Manager
DEPARTMENTAL APPROVAL: Date:
Meg McWade
Public Services Director
APPROVED AS TO PURCHASING: Date:
Christy Lopez
Finance Director
Council Agenda Packet, June 17, 2024
EXHIBIT A
REQUEST FOR PROPOSALS
Council Agenda Packet, June 17, 2024
EXHIBIT B
CONTRACTOR’S PROPOSAL
Council Agenda Packet, June 17, 2024
REQUEST FOR PROPOSALS (RFP)
Landscape Maintenance Districts/Zones
Service Agreement
PROPOSALS MUST BE RECEIVED BY
11:00 AM ON Thursday,
March 28, 2024
City of La Verne
3660 “D” Street
La Verne, CA 91750
CITY OF
LAVERNE
Council Agenda Packet, June 17, 2024
RFP Issue Date: March 15, 2024
Proposal Name: Landscape Maintenance Districts/Zones Service Agreement
Proposal Due Date: Thursday, March 28, 2024 by 11:00 AM Questions: Please direct any questions or concerns directly to Planet Bids Submission form in writing by 6:00 PM on
Wednesday, March 20th, 2024. Only questions with “RFP
LMD Service Agreement” in the subject line will be
accepted. Answers to submitted questions will be posted on the Planet Bids portal.
Proposal Submitted To: Proposals must be submitted electronically for the exact item(s) requested in the RFP speciÞcations. Proposals
must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home Due Date and Delivery:
Proposals are to be submitted, via Planet Bids. Proposals must be for the entire scope of services outlined in this RFP . Incomplete proposals will not be considered. The electronic bid system will close exactly at the date and time set forth in this RFP , Thursday, March 28, 2024 by 11:00 AM. All applicable forms required to be completed per the RFP shall be submitted electronically prior to the RFP deadline. Hard copies will not be accepted. It is the Proposer’s sole responsibility to ensure that their proposal is received as speciÞed. Proposals may be submitted earlier than the date(s) and time(s) indicated.
Proposals must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home
TENTATIVE SCHEDULE OF EVENTS
The following is a tentative schedule of this entire RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely projections, and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process. The following is a tentative timeline for the evaluation and RFP selection procedure.
RFP Issued March 15, 2024
Deadline for Written Questions Wednesday, March 20, 2024 Response to Questions Thursday, March 21, 2024
Proposal Submittal Deadline Thursday, March 28, 2024
Review of Proposals After Thursday, March 28, 2024
Council Review and Approval April 2024
Contract Start Date July 2024
Council Agenda Packet, June 17, 2024
TABLE OF CONTENTS
SECTION I: DEFINITIONS AND TERMS 4
SECTION II: PROPOSAL SUBMITTAL REQUIREMENTS AND CONDITIONS 5 SECTION III: AWARD AND EXECUTION OF CONTRACT 6
SECTION IV: SCOPE OF WORK 7
SECTION V: CONTROL OF WORK 9
SECTION VI: CONTROL OF MATERIALS 14
SECTION VII: LAWS TO BE OBSERVED 17
SECTION VIII: PROSECUTION AND PROGRESS 23
SECTION IX: MEASUREMENT AND PAYMENT 26
SECTION X: TECHNICAL SPECIFICATIONS AND PLANS 33
SECTION X: MAINTENANCE ASSESSMENT DISTRICT MAPS AND DIAGRAMS 49
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
SECTION I: DEFINITIONS AND TERMS
The work embraced herein shall be done in accordance with these speciÞcations, the Standard SpeciÞcations for Public Works Construction , 2021 Edition, and the Standard Plans for Public Works Construction, 2021 Edition, insofar as the same may apply and in accordance with the following General Provisions and Special Provisions. As used herein, unless the context otherwise requires, the following terms have the following meaning:
CONTRACTOR: The individual or corporation contracting with the City of La Verne or other duly authorized agents or representatives appointed by the Contractor.
DAYS: Working days, unless otherwise speciÞed.
DISTRICT: Any of the Maintenance Assessment Districts identiÞed as being included in this contract.
ENGINEER: The Public Works Director of the City of La Verne or an appointed designee.
LEVEL OF SERVICE: The Level of Service applies to the frequency of maintenance for each item identiÞed in Section 10 in accordance with the standards of maintenance identiÞed in the Special Provisions. Each District shall have only one Level of Service.
OWNER: City of La Verne.
PUBLIC WORKS DIRECTOR OR DESIGNEE (PWDD): The Public Works Director or a Designee appointed by the Public Works Director or City Manager of the City of La Verne, CA, acting directly or through properly authorized agents acting within the scope of duties authorized by the Public Works Director.
STANDARD SPECIFICATIONS: Standard SpeciÞcations shall mean the Standard SpeciÞcations for Public Works Construction, 2021 Edition.
CITY OF LA VERNE STANDARDS: Standard shall mean the Standard Plans for Public Works Construction, 2021 Edition.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
SECTION II: PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions" of the Standard SpeciÞcations and these General Provisions for the requirements and conditions which the bidder must observe in the preparation of the Proposal Form and the submission of the bid.
The Proposal must be accompanied by cash, a bidder's bond, certiÞed check, or cashier's check in an amount not less than ten percent (10%) of the amount bid for Level of Service B for all Districts. The bidder's bond must be signed in favor of the City, and the certiÞed check or cashier's check must be made payable to the City of La Verne. The Contractor shall forfeit to the City such sums from said cash, bond, certiÞed check, or cashier's check as necessary to reimburse the City for costs incurred for failure of the successful Bidder to enter into a contract and provide the items described in Section 3 of the Standard SpeciÞcations. The amount of said cash, bond, certiÞed check, or cashier's check shall not be deemed to constitute a penalty or liquidated damages. The City shall not be precluded by such cash, bond, certiÞed check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certiÞed check, or cashier's check incurred as a result of the failure of the successful Bidder to enter into a contract and provide the items described in Section 3.
2-1 Bidders Bond Location: The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard SpeciÞcations will be found following the signature page of the proposal.
2-2 Examination of Plans, SpeciÞcations, Contract, and Site of Work: The Bidder shall physically examine carefully the sites of work, any plans and speciÞcations, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisÞed as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, speciÞcations and the contract.
The Contractor is required to attend a mandatory Pre-Bid Meeting scheduled for this project on either Wednesday March 20th, 2024 at 10:00 a.m. at the La Verne City Hall Council Chambers, 3660 D Street. Failure to attend and sign in at either mandatory pre-bid meeting will result in disqualiÞcation of the Contractor's bid.
2-3 Withdrawal of Bids Any bid may be withdrawn at any time prior to the time Þxed in the public notice for the opening of the bids.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
2-4 Non-Collusion AfÞdavit In accordance with the Public Contract Code Section 7106, a Non-Collusion AfÞdavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non-Collusion AfÞdavit.
2-5 Required Listing of Proposed Subcontractors Each Proposal shall have listed herein the name, location, and portion of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The Bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitution. A sheet for listing subcontractors, as required herein is included in the Proposal.
2-6 DisqualiÞcation of Bidders More than one proposal from an individual, Þrm, partnership, corporation, or combination thereof under the same or different names will not be considered. If there is reason for believing that collusion exists among the bidders any and all proposals may be rejected. Proposals in which the prices are obviously unbalanced may be rejected.
SECTION III: AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard SpeciÞcations and these General Provisions and Special Provisions for the requirements and conditions concerning submittal of information, award, and execution of contract.
3-1 Award of Contract The right is reserved to reject any and all proposals.
The award of the contract(s), if it is awarded, will be to the lowest responsible bidder, based on the sum of base bid items, whose proposal complies with all the requirements prescribed. Such award(s), if made, will be made within 30 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the City and the bidder concerned.
The City shall select the appropriate level of service for each District depending on available funding for the District; therefore, Districts may require different levels of service because of funding. The contract will be awarded to the lowest responsible and responsive bidder based upon the on the sum of base bid for all Districts. Therefore, only one contract will be awarded to provide Landscape Maintenance for all Districts. The City reserves the
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
right to award the contract with any combination of Levels of Service; whichever best matches the budget for each District.
3-2 Contract Bonds Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at Contractor's own expense, a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at Contractor's own expense, a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the City Attorney.
3-3 Execution of Contract The bidder awarded the contract shall execute a written contract with the City of City of La Verne on the form of the Agreement provided, and shall secure all insurance certiÞcates and bonds required by the speciÞcations within Þfteen (15) calendar days from the Notice of Award unless an extension is authorized in writing by the Public Works Director. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements of these special provisions shall constitute just cause for the annulment of the award and the forfeiture of the proposal guarantee.
3-4 Return of Proposal Guarantees The proposal guaranties accompanying the proposals for the Þrst, second, and third lowest responsible bidders shall be retained until the contract has been Þnally executed, after which those proposal guaranties, except bidders' bonds and any guaranties which have been forfeited, will be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination by the City of the Þrst, second, and third lowest responsible bidders.
SECTION IV: SCOPE OF WORK
4-1 Intent of Plans and SpeciÞcations The intent of the plans and speciÞcations is to prescribe the details for the maintenance of landscape areas and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract.
Where the plans or speciÞcations describe the portions of the work in general form, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the Þrst quality are to be used. Unless otherwise speciÞed, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
4-2 General Description of Work The work to be done, in general, consists of furnishing all labor, materials, tools, equipment, and incidentals necessary, except as otherwise speciÞed, to maintain the designated landscaped areas in the Maintenance Assessment Districts of FIRST/FULTON, TABOR, RANCHO LA VERNE, LIVE OAK, FRUIT/AMHERST, SAN POLO, LA VERNE HEIGHTS, and MARSHALL CANYON in a healthy, neat and growing condition and appearance, in accordance with the Standard SpeciÞcations of the State of California, City of La Verne Standard SpeciÞcations and these SpeciÞcations.
Areas to be maintained shall include but not be limited to turf areas, ground cover areas, shrubs, trees, drain lines, sidewalks, driveways and aprons, ditches, catch basins, gutters, curb drains, and irrigation systems.
4-3 Increased and Decreased Quantities All items of work will be paid for at the respective prices listed in the proposal for the Level of Service selected for a particular District for work completed and accepted by the City. No adjustments to the unit prices will be made for minor deviations of actual quantities as identiÞed on the attached maps for each District. The Contractor is required to examine each District site prior to submittal of bids in accordance with Section 2 of these speciÞcations to verify site conditions and quantities. The Contractor is required to attend a mandatory Pre- Bid Meeting scheduled for this project on either Wednesday March 20, 2024 at 10:00 a.m. at the La Verne City Hall Council Chambers, 3660 D Street. Failure to attend and sign in at either mandatory pre-bid meeting will result in disqualiÞcation of the Contractor's bid.
4-4 Changes The City reserves the right to make such alterations, deviations, additions to or deletions from the plans and speciÞcations, including the right to increase or decrease the quantity of any item or portion of work or to delete any item or portion of work, as may be deemed by the PWDD to be necessary or advisable for the proper completion of the work. Those changes will be set forth in a contract change order which will specify the changes, adjustments to contract time if necessary, and the basis for compensation for the work. When compensation for an item of work is subject to adjustment, the Contractor shall, upon request, furnish the PWDD with an adequate detailed cost estimate for the item of work.
4-5 Extra Work New and unforeseen items of work will be classiÞed as extra work when they cannot be covered by any of the various items for which there is a bid price or by combinations of such items.
The Contractor shall provide the PWDD with a written estimate of costs for any extra work, and shall be capable of performing such work if authorized to do so in writing by the PWDD. The City reserves the right to perform extra work itself or to solicit for bids and award the extra work to the lowest responsible bidder. If extra work is performed in the absence of written authorization from the PWDD, the Contractor shall not be entitled to
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
payment for such work. For extra work authorized by the PWDD, the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he shall be paid on force account, as provided in these speciÞcations.
All extra work shall be adjusted weekly upon reports sheets furnished to the PWDD by the Contractor and signed by both parties, which weekly reports shall thereafter be considered the true record of extra work done.
4-6 Emergency Numbers The Contractor shall be readily available by telephone during working hours. This shall not be an answering machine. The Contractor shall also provide the City with an emergency call out number where the Contractor may be contacted outside of normal working hours, on weekends and holidays. This number shall be updated every 60 days.
Name: Mobile# (s): Home# (s):
SECTION V: CONTROL OF WORK
5-1 Authority of Public Works Director The Public Works Director or their Designee (PWDD) shall decide all questions which may arise as to the quality or acceptability of materials furnished or work performed and as to the manner or performance and rate of progress of the work; all questions that may arise as to the acceptable fulÞllment of the contract on the part of the Contractor; and all questions as to compensation. The PWDD's decision shall be Þnal and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
5-2 Contract, SpeciÞcations, and Diagrams The written contract, speciÞcations, District diagrams and supplemental documents are all essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. All of the documents are intended to be complementary and to describe and provide for complete work. The Contractor shall, upon discovering any error or omission in the plans or speciÞcations, immediately call it to the attention of the PWDD.
5-3 Precedence of Contract Documents In the event of discrepancy between the contract documents, the order of precedence from highest to lowest is as follows: (1) Contract Change Order, (2) Permits from other agencies, as may be required by law, (3) General and Special Provisions, (4) Standard SpeciÞcations, (5) Standard Plans (6) and Reference SpeciÞcations.
5-4 Interpretation of Plans, SpeciÞcation, and Special Provisions Should it appear that the work to be done or any of the matters relative thereto are not sufÞciently detailed or explained in these speciÞcations, the Contractor shall apply to the PWDD for such further explanations as may be necessary and shall conform to the same as part of the contract, so far as may be consistent with the original speciÞcations; and in the event of any doubt or questions arising regarding the true meaning of the speciÞcations, reference shall be made to the Public Works Director, whose decision thereon shall be Þnal. 5-5 Notice to PWDD Whenever the Contractor varies the period during which the work is carried on, he shall give 24 hours notice to the PWDD in order that proper inspection may be provided. This notice shall be given at the ofÞce of the PWDD. Upon failure to give such notice, any work done in the absence of the PWDD shall be subject to rejection. 5-6 Superintendence The Contractor shall designate, in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. The authorized representative shall be present at the site of work or immediately available by telephone at all times when work is in progress on the contract.
Whenever the Contractor or the Contractor's authorized representative is not present on any part of the work where Contractor may be desired to give direction, orders will be given by the PWDD, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given.
Any order given by the PWDD, not otherwise required by the speciÞcations to be in writing, will, on request of the Contractor be given, or conÞrmed by the PWDD in writing. Nothing here is intended, nor shall it be interpreted as relieving the Contractor of his obligation to supervise the performance of the work.
5-7 Pedestrian TrafÞc and TrafÞc Control Work shall be conducted in a manner which will not interfere with pedestrian trafÞc by forcing the pedestrian off the sidewalk and into the street. Work shall not block vehicular trafÞc on streets and any Contractors vehicles
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
in the streets shall be properly coned off as required by the City and State. In the event that public trafÞc must be diverted from using the street in its normal capacity, the Contractor shall install signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public trafÞc. Also, where directed by the PWDD, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public trafÞc through or around the work.
All signs, flagmen, and trafÞc control devices shall conform to the latest edition of the Manual of Uniform TrafÞc Control Devices. Work shall not commence at any given location until warning signs, appropriate trafÞc control devices and flagmen, if required, are in proper position and approved by the PWDD. Should the PWDD point out the inadequacy of warning and protective measures, such action on the part of the PWDD shall not relieve the Contractor from responsibility for public safety, or abrogate his obligation to erect and maintain these devices.
The Contractor's failure to comply with the above requirements will be sufÞcient cause for the PWDD to immediately suspend work.
The cost of the Contractor furnishing, installing, and maintaining trafÞc control devices shall be included in contract bid items and shall not be paid for as a separate contract item.
5-8 Inspection The PWDD shall at all times have access to the work at all times during the term of this contract, and shall be furnished with every reasonable facility for ascertaining that the stock and materials used and employed, and the workmanship, are in accordance with the requirements and intentions of these speciÞcations. All work done, and all materials furnished shall be subject to the inspection and approval of the PWDD.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulÞll his contract as prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously overlooked by the PWDD and accepted or estimated for payment. 5-9 Removal of Rejected and Unauthorized Work All work which has been rejected shall be remedied, or removed and replaced by the Contractor within two (2) weeks in an acceptable manner, and no compensation will be allowed to the Contractor for the removal, replacement and remedial work. Any extra work done without written authority of the PWDD will be considered as unauthorized work and will not be paid for. Upon order of the PWDD, the unauthorized work shall be remedied, removed, or replaced at the Contractor's expense. Upon failure of the Contractor to comply promptly with any order of the PWDD to remove, replace or remediate unauthorized work, the City may cause the
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
rejected or unauthorized work to be remedied, removed or replaced and to deduct the costs from any moneys due or to become due the Contractor. 5-10 Approval of Contractor’s Plans: No Release from Liability The approval by the PWDD of any drawing or any method as proposed by the Contractor shall not relieve the Contractor of any of his responsibility for any errors therein and shall not be regarded as any assumption of risk or liability by the owner or any ofÞcer or employee thereof, and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefÞciency of any plan or method so approved. Such approval shall be considered to mean merely that the PWDD has no objection to the Contractor using, upon his full responsibility, the plan or method the Contractor proposes.
Any plan or method of work suggested by the PWDD to the Contractor, but not speciÞed or required, if adopted or followed by the Contractor, in whole or in part, shall be used at the risk and responsibility of the Contractor; and the PWDD and the Owner shall assume no responsibility thereof.
5-11 Control of Noise There shall be no maintenance activity scheduled in any District between the hours of 5:00 p.m. and 7:00 a.m. on weekdays. Scheduled maintenance is prohibited on Saturdays, Sundays and City recognized Holidays without prior written authorization from the PWDD.
The following are City recognized holidays:
1) The Þrst day of January, New Year's Day;
2) The third Monday in January, Martin Luther King, Jr.'s Birthday; 3) The third Monday in February, President's Day;
4) The last Monday in May, Memorial Day;
5) July 4, Independence Day;
6) The Þrst Monday in September, Labor Day;
7) The eleventh day of November, Veteran's Day;
8) The fourth Thursday in November, Thanksgiving Day;
9) December 25, Christmas Day;
5-12 Control of Dust The Contractor shall at all times maintain a dust-free surface over the entire project area by means of sweeping, sprinkling, or other approved methods to the satisfaction of the PWDD. The Contractor shall be responsible for the alleviation or
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
prevention of dust nuisance caused by his own operations. Any dirt or debris due to the Contractor's operation that spills on the public right-of-way shall be cleaned to the satisfaction of the PWDD prior to termination of that day's work. Full compensation for any water or other method used for dust control required of this section shall be considered as included in the lump sum prices paid for the various contract items involved and no additional compensation will be allowed therefore.
5-13 Clean-Up and Project Appearance During the term of this contract, all work areas shall be kept in a clean, neat and orderly condition, and the PWDD may at any time during the term of this contract order a general cleaning of the work areas. Refer to the Special Provisions for speciÞc requirements and clean up schedules.
In any area visible to the public, the following shall apply:
When practicable, debris developed during work shall be disposed of concurrently.
If stockpiling is necessary, the material shall be removed or disposed of weekly.
The Contractor shall furnish trash containers for all debris from construction. All debris shall be placed in trash containers daily.
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 5-14 Hazardous Waste Discovery The PWDD shall be notiÞed immediately upon discovery of suspected hazardous materials. The PWDD shall decide the disposition of such items.
5-15 Waste Reduction and Recycling The Contractor shall, to the extent feasible, reduce through operational changes the generation of waste materials in landscape maintenance work activities. Materials to be reduced or recycled include, but are not limited to, grass, leaves, soil, branches, brush, wood, bottles, cans, newspaper, cardboard, and shrink wrap plastic. Contractor may dispose of at a solid waste landÞll any materials not accepted for recycling at locations within or near Los Angeles County. A record (Recycling Report) of waste material recycling and disposal shall be provided to the City by the Contractor on a semi-annual basis. The record shall be provided to the City within ten (10) working days of the end of each six (6) month period beginning with the Þrst day of work of the contract period. Acceptable record documentation may be in the form of recycling center or donation center receipts.
5-16 Characters of Workers If any subcontractor or any person employed by the Contractor shall appear to the PWDD to be incompetent or to act in a disorderly or
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
incompetent manner, they shall be discharged immediately on request of the PWDD, and the person shall not again be employed on the work.
5-16 Guarantee and Warranty in Regards to Labor, Material, and Workmanship Supplied The Contractor hereby agrees to pay the Owner, or to make at his own expense, all repairs, replacements, or payments necessitated by defects in materials or workmanship supplied under the terms of this contract. The Contractor shall be fully responsible for all direct and indirect damages and expenses to the Owner approximately caused by such defects in materials or workmanship including defects in materials or workmanship supplied to Contractor by subcontractor or manufacturers of equipment. As to any equipment which bears a guarantee or warranty in writing or by law for a period longer than one year, Contractor hereby stipulates and agrees that such guarantee shall be an insure to the beneÞt of the Owner for such longer period. The Contractor also agrees to hold the Owner harmless from liability of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements, or payments promptly upon receipt of written order for same from the Owner. If the Contractor fails to make the repairs, replacements, or payments promptly, the Owner may do the work and the Contractor and his surety shall be liable for the cost thereof. Any additional requirements for the project relative to correction of defective work after Þnal acceptance are set forth in the Special Provisions.
Neither termination or expiration of contract, nor Þnal payment, nor any provisions in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship. The Contractor shall remedy any defects and pay for any damage to other work. Remedying of any defects shall also include bringing to grade the settlement of any trench Þlls and any re-paving. The PWDD shall give written notice of observed defects with responsible promptness.
SECTION VI: CONTROL OF MATERIALS
6-1 Source of Supply and Quality of Materials At the option of the PWDD, the source of supply of each of the materials shall be approved by the PWDD before the delivery is started. Only materials conforming to the requirements of these speciÞcations and approved by the PWDD shall be used in the work. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that sources of a material, or the material from any source, prove unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No materials shall be used in the work if such material, after approval, has in any way become unÞt for use.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles for which no detailed speciÞcations are set forth, the materials or manufactured articles shall be the best grade in quality and workmanship obtainable, in the market from Þrms of established good reputation, or if not ordinarily carried in stock, shall conform to the usual standards for Þrst-class materials or articles of the kind required with due consideration of their intended use.
6-2 Owner Furnished Materials The Contractor shall furnish all materials required to maintain the Districts, except such materials as are designated in the speciÞc provisions to be furnished by the Owner.
At the option of the PWDD, the Owner may elect to furnish plant materials to be installed by the Contractor. Installation of these materials, when not included in the items bid, shall be paid for as Extra Work.
Upon request of the Contractor, materials furnished by the Owner will be delivered by the City of La Verne Public Works Department within a reasonable time. Owner furnished materials shall be transported to the site of work by the Contractor at his expense. The cost of handling and placing all material after they are transferred to the Contractor shall be considered as included in the contract prices for the items in connection with which they are used.
The Contractor will be held responsible for all material delivered or transferred to him, and deductions will be made from any moneys due him to make good any shortages and deÞciencies, from any cause whatsoever, which may occur after such delivery or transfer.
6-3 Water from City Hydrants The Contractor shall obtain a permit from the Public Works Department of the City of La Verne prior to use of water from any hydrant. Full compensation for permits and costs of water used shall be considered as included in the prices for various contract items of work and no additional allowance will be made thereof.
6-4 Storage of Materials Materials shall be stored so as to insure the preservation of their quality and Þtness for the District. Stored materials shall be so located as to facilitate prompt inspection.
6-5 Property Right in Materials Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or afÞxed to the work or the soil, or after payment has been made for Þfty percent (50%) of the value of materials delivered to the site of the work, whether or not they have been attached or afÞxed. All such materials shall become the property of the City of La Verne upon being so attached or afÞxed or upon payment of such Þfty percent (50%) of the value of the materials delivered by the Contractor to the site of work.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
6-6 Defective Materials All materials not conforming to the requirement of these speciÞcations shall be considered as defective and all such materials, whether in place or not, shall be rejected. Rejected materials shall be removed immediately from the site of work, unless otherwise permitted by the PWDD. No rejected material, the defects of which have been subsequently corrected, shall be used until approved by the PWDD. Upon failure of the Contractor to comply forthwith with any order of the PWDD made under the provisions of this section, the PWDD shall have the authority to remove and replace defective material in accordance with Section 5-1.08 of these General Provisions.
6-7 Samples and Tests All tests of materials furnished by the Contractor shall be made by the City of La Verne or its authorized representative in accordance with commonly recognized standards of national organizations. Field tests of materials will also be made by the PWDD when deemed necessary and these tests shall be made in accordance with commonly recognized standards of national organizations. The Contractor shall furnish, without charge, such samples of all materials as are requested by the PWDD. No material shall be used until it has been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of the material. Any material shipped by the Contractor from the factory prior to having satisfactorily passed such testing and inspection by the Owner's representative, or prior to receipt of notice from said representative that such testing and inspection will not be required, shall not be incorporated on the job.
6-8 Use of Recycled Products Contractor shall purchase and use recycled products and materials wherever feasible for work covered through these speciÞcations and details.
Recycled products and materials may include, but are not limited to, writing and printing paper, mulch, compost, soil, crushed concrete and asphalt, plant ties, landscape border materials, stakes, barricades, and fencing.
6-9 Storage and Use of Pesticides The Contractor shall furnish all pesticides/ herbicides required to complete the work as required by these speciÞcations. The Contractor shall provide the PWDD a complete list of all pesticides proposed to be used on the contract.
Pesticides shall include, but not be limited to, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellants. Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.
The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Los Angeles County Department of Health, the Department of Industrial Relations and all other agencies which govern the use and storage of pesticides required in the performance of the work on the contract. The Contractor shall have a Commercial
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
Pest Control Operator's License and only properly trained and licensed personnel shall be authorized to apply pesticides.
6-10 Disposal of Materials The Contractor shall make arrangements for disposing of all waste material generated during the performance of the contract and shall pay all costs involved, in accordance with all local, State and Federal laws, including SB 1383. Full compensation for waste disposal shall be included in the prices paid for various contract items of work and no additional compensation shall be allowed therefore.
The material shall not be disposed of on City property or within the district without the permission of the PWDD. Before disposing of any material, the Contractor shall furnish to the PWDD satisfactory evidence that the Contractor has entered into agreements with the property owners of the disposal sites and has obtained any necessary permits, licenses or clearances, or that the material is to be disposed of at a solid waste facility approved by the PWDD.
A record (Recycling Report) of waste material recycling shall be provided to the City by the Contractor on a semi-annual basis. The record shall be provided to the City within ten (10) working days of the end of each six (6) month period beginning with the Þrst day of work of the contract period. Acceptable record documentation may be in the form of recycling center receipts.
SECTION VII: LAWS TO BE OBSERVED
7-1 Laws To Be Observed Reference is made to Section 7 of the Standard SpeciÞcations.
The Contractor shall keep fully informed of all existing and future laws of the United States and the State of California, and ordinances and regulations of the City of La Verne, which in any manner affect those engaged or employed in the work; or the materials used in the work. The Contractor shall at all times observe and comply with, and shall cause all employees and agents to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the City of La Verne, and all of it's ofÞcers and employees against any claim of liability arising from or based on the violation of any such law, ordinance, regulation, order, and decree, whether by the Contractor, Contractor's employees or subcontractors.
7-2 A Hours of Operation Eight hours of labor constitutes a legal day's work. The Contractor shall limit work to between the hours of 7:00 AM and 5:00 PM on Monday through Friday, unless prior written approval is obtained from the PWDD. No work shall be allowed on Saturdays, Sundays or City recognized Holidays without prior written approval of the PWDD.
The following are City recognized holidays:
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
1) The Þrst day of January, New Year's Day;
2) The third Monday in January, Martin Luther King, Jr.'s Birthday; 3) The third Monday in February, President's Day;
4) The last Monday in May, Memorial Day;
5) July 4, Independence Day;
6) The Þrst Monday in September, Labor Day;
7) The eleventh day of November, Veteran's Day;
8) The fourth Thursday in November, Thanksgiving Day;
9) December 25, Christmas Day.
7-3 Prevailing Wage The Contractor and any subcontractor under the Contractor shall pay not less than the general prevailing rates to all workers employed in the execution of this contract in accordance with the provisions of Section 1170 to 1781 of the Labor Code, the Standard SpeciÞcations, and any ordinances of the City of La Verne. A copy of said rates is on Þle with the City Clerk of the City of La Verne.
7-4 Labor Nondiscrimination Reference is made to Section 7-l.01A(4) of the Standard SpeciÞcations and attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for violation of this chapter."
7-5 Control of Pollution The Contractor shall comply with all air and water pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract. Unless otherwise provided in the Special Provisions, material to be disposed of shall not be burned.
The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, marshes, and coastal waters from pollution from fuels, oils, calcium chloride, pesticides and other harmful materials and shall conduct operations so as to minimize and avoid any muddying or silting of waters.
7-6 Payment of Taxes The contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax, State and local sales tax, and real estate tax. Neither tax exempt certiÞcate, nor any document designed to exempt the Contractor of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the contract.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
7-7 Permits and City Licenses The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Contractor is required to have a City of La Verne Business License. VeriÞcation of a business license will be provided to the Engineer before a Notice to Proceed will be issued. Where work is performed on State Highway 66 (Foothill Boulevard), the Contractor and subcontractors are required to obtain the necessary encroachment permits.
7-8 Patents The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated into the work, and agrees to indemnify and save harmless the City of La Verne, the PWDD, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes.
7-9 Sanitary Regulations The operations of the Contractor shall be in full conformity with all the rules and regulations of boards and bodies having competent jurisdiction with respect to sanitation.
7-10 First Aid The Contractor shall keep and maintain in good condition at some convenient point, all articles necessary for giving Þrst aid to the injured.
7-11 Public Convenience The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public. Full compensation for all work involved in providing for public convenience shall be considered as included in the prices paid for the various contract items of work and no additional allowances will be made therefore.
7-12 Public Safety It is the Contractor's responsibility to provide for the safety of the public and trafÞc during all operations. If any hazardous or dangerous conditions occur during Contractor operations, the Contractor shall furnish, erect, and maintain such watchmen, guards, fences, barriers, lights, and warning signs as are necessary to give adequate warning to the public at all times that work is in progress, or during any period when dangerous conditions may be encountered whether work is in progress or not. Full compensations for the work involved in carrying out the precautionary and safety measures above speciÞed shall be considered as included in the prices paid for the various contract items of work and no additional allowances will be made.
7-13 Preservation of Property The Contractor shall conduct operations in such a manner as to avoid injury or damage to adjacent property and improvements. If such items are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the work, or as good as required by these speciÞcations, if any such items
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
are a part of the work being performed. Full compensations for furnishing all labor, materials, tools, equipment, and doing all the work involved in protecting property as above speciÞed shall be considered as included in the price for the various contract items of work and no additional compensation will be made therefore.
7-14 Indemnity and Insurance Requirements The Contractor's obligations regarding indemniÞcation of the City of La Verne and the requirements for insurance shall conform to the provisions in Sections 7-l.12A and 7-1.12B of these General Provisions and of the Standard SpeciÞcations.
7-15 IndemniÞcation With the exception that this section shall in no event be construed to require indemniÞcation by the Contractor to a greater extent than permitted by law, the Contractor shall defend, indemnify and save harmless the City, and all other participating public agencies, whether or not said participating agencies are named herein, and all ofÞcers and employees of the City, and said participating agencies, against any and all claims, demands, causes of action, damages (including damages to City property, and property of said participating agencies) costs or liabilities (including cost of liabilities of City and employees), in law or in equity, of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, its subcontractor or anyone directly or indirectly employed by the Contractor; and the Contractor shall, at its sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the City, said participating agencies, their ofÞcers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgment or decree which may be rendered against the City, said suit, action, or other legal proceedings. "Participating public agency" as used in this paragraph, shall mean any agency of the United States, the State of California or any City, County, or District which has contributed or agreed to contribute money or services in the preparation of plans and speciÞcations for or to defray the costs of the work, or which has jurisdiction over all or any part of the area in which the work is to be performed.
In those instances where the City has obtained "Rights of Entry" from private property owners upon whose property it will be necessary for the Contractor to enter to perform the work to be done under the contract, Contractor shall indemnify such property owners in the same manner as the City is indemniÞed.
7-16 Insurance Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
Said policies shall be in effect until Þnal acceptance by City and shall provide that they may not be cancelled without Þrst providing City with thirty (30) days written notice of such intended cancellation. If Contractor fails to maintain the insurance provided herein, City may secure such insurance and deduct the cost thereof from any funds owing to Contractor.
Contractor shall provide proof of compliance with the insurance requirements speciÞed herein by furnishing concurrent with the execution of the contract: (1) a certiÞcate of insurance providing that no cancellation, major change in coverage, expiration or non- renewal shall be made during the term of this agreement, without thirty (30) days written notice to the Director of Public Works prior to the effective date of such cancellation, change in coverage, expiration or non-renewal; (2) a City standard endorsement form for insurance coverage (attached hereto) at the end of these SpeciÞcations, naming the "City of La Verne, its elected and appointed ofÞcials, employees and/or agents as additional insureds."
7-17 Minimum Scope of Insurance Contractor shall procure insurance covering general liability, automobile liability, and worker's compensation. Coverage shall be at least as broad as:
a. Insurance Services OfÞce form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services OfÞce form number GL 0404 covering Broad Form Comprehensive General Liability or Insurance Services OfÞce Commercial General Liability coverage ("occurrence form CG 0001).
b. Insurance Services OfÞce form number CA 0001 (Ed. 1/78) covering automobile liability, code 1 "any auto" and endorsement CA 0025.
c. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.
7-18 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages: The City of City of La Verne, and the public entity awarding the contract if other than the City and their ofÞcials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its ofÞcials, employees or volunteers.
All private property owners granting
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
"Rights of Entry" for construction of the work shall be covered as insureds under the same coverage as provided City, as respects their ownership of the property, and the work to be done thereon.
The Contractor's insurance coverage shall be primary insurance as respects the City and its ofÞcials, employees and volunteers and any other insureds under this contract. Any insurance of self-insurance maintained by the City, its ofÞcials, employees and volunteers or other insureds shall be in excess of the Contractor's insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its ofÞcials, employees and volunteers or other insureds under this contract.
Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability.
Worker's Compensation and Employers Liability Coverage:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certiÞed mail, return receipt requested, has been given to the City.
Acceptability of Insurers:
Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
Minimum Limits of Insurance:
Contractors shall maintain limits of no less than:
i. Comprehensive General Liability:
$2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Automobile Liability:
$1,000,000 combined single limit per accident for bodily injury and property damage.
iii. Workers Compensation and Employers Liability:
Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Deductibles and Self-Insured Retentions:
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
Any deductibles or self-insured retentions must be declared to and be approved by the City. At the option of the City either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, their ofÞcials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
VeriÞcation of Coverage:
Submit the evidence of Coverage for this agreement for all contractors Prime, and Subcontractors to the Engineer or Engineer’s designee. Unless the Engineer notiÞes the Contractor with Þve (5) days thereafter that such agreement is considered a subcontract. Should a portion of the work that has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately upon request by the Engineer and shall not again be employed on the work.
Subcontracts:
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certiÞcates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION VIII: PROSECUTION AND PROGRESS
8-1 Subcontracting The Contractor shall give personal attention to the fulÞllment of the contract and shall keep the work under the Contractor's control.
No subcontractor will be recognized as such, and all persons engaged in the work shall be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the contract and the speciÞcations.
The Contractor shall perform with the Contractor's own organization contract work of a value of not less than Þfty percent (50%) of the original total contract price. When a portion of an item is subcontracted, the value of the work subcontracted will be based on the estimated percentage of the contract item price, determined from information submitted by the Contractor, subject to approval by the Engineer. In no case will work performed by a subcontractor or subcontractors that is in excess of Þfty percent (50%) of the value of all work in the contract be recognized as work done in the performance of the contract, but will be taken as work done by the Contractor as a volunteer and absolutely no payment will be made for the same, except for such items as may be exempt from this requirement by the speciÞc conditions. If the Contractor has any doubt as to whether any person is or
Council Agenda Packet, June 17, 2024
City of La Verne
[Landscape Maintenance Districts/ Zones Service Agreement] –RFP March 2024
could be considered a subcontractor, the Contractor may submit the evidence of this agreement with such person to the Engineer. Unless the Engineer notiÞes the Contractor within Þve (5) days thereafter that such agreement is considered a subcontract, then the Owner will never so contend.
8-2 Assignment The performance of the contract may not be assigned except upon the written consent of the City of La Verne. Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract nor will the City of La Verne consent to any assignment of a part of the work under the contract.
The Contractor may assign moneys due or to become due the Contractor under the contract and the same will be recognized by the Owner, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the Owner and to all deductions provided for in the contract and particularly all moneys withheld, whether assigned or not, shall be subject to being used by the Owner for the completion of the work in the event that the Contractor should be in default therein.
8-1.03 BEGINNING OF WORK AND CONTRACT TERM: The Contractor shall begin work on August 1, 2024. The initial contract period shall be thirty-six (36) full months from August 1, 2024 through July 31, 2027. The contract may be extended through June 30 of the following year, at the option of the City and with concurrence of the Contractor, for a maximum of two (2) optional years, contracted individually for a period not to exceed twelve (12) consecutive months. Annual costs for the contract are allowed to be increased per CPI, based on CPI year to year change in January. CPI increase shall not exceed Þve percent (5%) annually. Either party must notify the other at least sixty (60) days prior to the expiration of the desire to extend. Any proposed changes to the contract shall be made available to both negotiating parties in a timely fashion.
8-1.04 PROGRESS OF THE WORK: A Notice to Proceed shall be issued to the Contractor after all contract documents, contract bonds and insurance certiÞcates have been received and approved by the PWDD. Should the Contractor begin work in advance of receiving the Notice to Proceed, any work performed by the Contractor in advance of the said date of the Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk.
If a Contractor wishes to withdraw from the contract once it has been placed in force by City Council award, the Contractor will notify the Public Works Director in writing requesting removal from the contract. The next lowest bidder on the bid list will be notiÞed and asked to accept the contract responsibilities at the previous Contractor's bid price. If the second Contractor is unable to undertake the contract responsibilities at this price, then the Contractor wishing to withdraw shall pay the difference between the Contractor's total bid and the second low bidder's price to complete all required work on the contract,