HomeMy WebLinkAboutRFP
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
REQUEST FOR PROPOSALS
FOR
Street Maintenance and
Vegetation Control Services
APRIL 2024
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REQUEST FOR PROPOSALS (RFP)
Date: April 4, 2024
Department: Public Works
Project Type: Street Maintenance and Vegetation Control Services
Proposals Due: April 25, 2024 at 2:00 P.M.
Project Contact: Jorge Garcia, Street Maintenance Superintendent
(909) 839-7046 / JGarcia@DiamondBarCA.gov
INTRODUCTION
Incorporated on April 18, 1989, the City of Diamond Bar (“City”) sets against a scenic
mountain backdrop on more than 8,000 acres (12.5 sq. miles) of rolling hills and valleys
in the East San Gabriel Valley region.
Among the amenities that contribute to the high quality of life that is valued by residents
are the family-friendly atmosphere; the well-maintained parks, trails and roads; top-rated
school Districts; and the unparalleled public safety services which contr ibute to keeping
Diamond Bar among the safest communities in the region for the past 30 years.
TO INTERESTED CONTRACTORS
The City of Diamond Bar is soliciting proposals from qualified firms to provide regular
street maintenance and vegetation control services. Responsibilities will include services
related to street maintenance and vegetation control of streets, sidewalks, p arkways and
right-of-way within the City.
The purpose of this contract is to provide the City of Diamond Bar with the best possible
care to maintain the City at a level expected by the City's residents, City Council, City
staff, and visitors of the community. The selected contractor will work clos ely with the
Streets Maintenance Superintendent to ensure the most appropriate care and street
maintenance and vegetation control of the City's roadways, sidewalks and various areas
within the City.
SCOPE OF WORK
The Street Maintenance Superintendent will provide the general administration of the
maintenance operations, including the identification of the work program, supervision of
the maintenance related field operations and services, coordination with all other public
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agencies and utilities, and preparation of daily work schedules for the services and areas
identified in this RFP.
The description that follows is intended to familiarize the Contractor with the scope of
work anticipated to be delivered for the services being contemplated by the City. The
Contractor is responsible for proposing the scope of work deemed necessary for meeting
the objectives identified by the City.
GENERAL REQUIREMENTS
• Provide all needed resources including but not limited to labor, equipment, tools
and materials directly for the performance of the work as directed by the City.
• Provide the City with one (1) two-man crew on a daily basis. Contractor shall
provide and include all resources required for these two workers to perform the
work as assigned by the City and maintain the level of service the City requires.
Work hours: 6:30 a.m. – 3:00 p.m., Monday through Friday.
• Provide the City with one (1) Landscape Dump Truck with mounted direction arrow
board.
• Provide all required resources to provide OSHA compliant performance including
appropriate traffic control measures.
• Perform all work in a thorough, competent, professional and workmanlike manner.
• Maintain records of all work completed by activity and date, reporting to the Street
Maintenance Superintendent on a daily basis to work order activity progress. Must
provide copies as requested by the City.
• Submit a monthly-itemized report of all service activities to the Street Maintenance
Superintendent. Coordinate the content and format of the reports to the City.
• Provide monthly billings to the City for services rendered.
• Provide tracking/billing system for all work completed to retrieve information on
work completed by at least activity, project, location, date, duration in hours and
personnel that completed activity.
• Provide on-call emergency services as required and determined by the City. Crews
shall be available during evening, weekend, or holiday hours in case of emergency.
• The Contractor’s primary response and resources shall be dedicated to the City .
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SERVICE AREAS
A. ARTERIAL STREET MAINTENANCE
• Grand Ave, from City Limits to City Limits
• Diamond Bar Blvd, from Temple Ave to SR-57/Brea Canyon Rd
• Brea Canyon Cut-Off, from SR-57/Brea Canyon Rd to City Limits
• Brea Canyon Rd, from City Limits to City Limits
• Golden Springs Dr, from Avenida Rancheros to City Limits
• Temple Ave Southside, from SR-57 to City Limits
• Chino Ave, from Chino Hills Pkwy to City Limits
• Chino Hills Pkwy, from City Limits to City Limits
• Pathfinder Rd, from Diamond Bar Blvd to Canyon Ridge Ln
• Lemon Ave, from Golden Springs Dr to City Limits
B. COLLECTOR/RESIDENTIAL STREETS MAINTENANCE
• Sunset Crossing Rd, Northside from Diamond Bar Bl to Chaparral Dr
• Sunset Crossing Rd, Southside from Diamond Bar Bl to First Residential Home
• Sunset Crossing Rd, Cul-de-Sac YMCA
• Beaverhead Dr Cul-de-Sac, West of North Palo Cedro Dr
• Carpio Dr Northside, from Golden Springs Dr to First Residential Home
• Carpio Dr Southside, from Golden Springs Dr to Silver Spray Dr
• South Prospectors Rd, from Golden Springs Dr to SR-60/57 Overpass
• Goldrush Dr Southside, from Diamond Bar Bl to First Residential Home
• Tin Dr, from Diamond Bar Blvd to Great Bend Dr
• Steep Canyon Rd, from Diamond Bar Bl to Clear Creek Canyon Dr
• Clear Creek Canyon Dr Cul-de-Sac, to Steep Canyon Rd
• Mountain Laurel Wy, Southside from Diamond Bar Bl to First Residential Home
• Silver Rain Dr Cul-de-Sac, South of Bent Oak Rd
• Castle Rock Rd Cul-de-Sac, South of Silver Buller Dr
• Fallowfield Dr Northside, from Brea Canyon Cut-Off to Pasco Ct
• Fallowfield Dr Eastside, from Riego Dr to End of Cul-de-Sac
• Autumnglow Dr Cul-de-Sac, at Fernhollow Dr
• Rapidview Dr Eastside, from End of 1322 address to Cul-de-Sac
• Calbourne Dr, from Golden Springs Drive to Gernside Pl
• Calpet Drive, North of 20594 Address Empty Lot
• Washington St, from Brea Canyon Road to End of Cul-de-Sac
• Via Sorella, from Brea Canyon Rd to End of Cul-de-Sac
• Prospectors Rd, Center Paved Median
• Palomino Dr, Center Paved Medians
C. FREEWAY RAMPS – LITTER REMOVAL MAINTENANCE (FIRST 100 FEET ONLY)
• SR-57 Southbound off-ramp at Temple Ave
• SR-57 Southbound on-ramp at Sunset Crossing Rd
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• SR-57 Northbound off-ramp at Sunset Crossing Rd
• SR-57 Northbound on-ramp at Diamond Bar Blvd
• SR-60 Westbound on-ramp at Diamond Bar Blvd
• SR-60 Westbound off-ramp at Diamond Bar Blvd
• SR-60 Eastbound on-ramp at Diamond Bar Blvd
• SR-60 Eastbound off-ramp at Diamond Bar Blvd
• SR-60 Eastbound on-ramp at Grand Ave
• SR-60 Eastbound off-ramp at Grand Ave
• SR-60 Westbound off-ramp at Brea Canyon Rd
• SR-60 Westbound on-ramp at Brea Canyon Rd
• SR-60 Eastbound off-ramp at Golden Springs Dr
• SR-60 Eastbound on-ramp at Golden Springs Dr
• SR-60 Eastbound on-ramp at Lemon Ave
• SR-60 Eastbound off-ramp at Lemon Ave
• SR-60 Westbound on-ramp at Lemon Ave
• SR-57 Northbound on-ramp at Pathfinder Rd
• SR-57 Northbound off-ramp at Pathfinder Rd
• SR-57 Southbound on-ramp at Pathfinder Rd
• SR-57 Southbound off-ramp at Pathfinder Rd
• SR-57 Northbound on-ramp at Brea Canyon Cut-Off
• SR-57 Northbound off-ramp at Brea Canyon Cut-Off
• SR-57 Southbound off-ramp at Brea Canyon Cut-Off
• SR-57 Southbound on-ramp at Brea Canyon Cut-Off
D. AS-NEEDED RESIDENTIAL MAINTENANCE ACTIVITIES (PER REQUEST)
• Clean Slotted Cross Gutters
• Tree Suckers Pruning
• Tree Pruning/Skirting for Pedestrians (8ft)/Street Sweeper (16ft) Clearance
PROPOSAL CONTENT AND FORMAT
1. PROPOSAL FORM: Must be completed (see Attachment “2”).
2. PROJECT UNDERSTANDING: Describe the approach and methods that will be
used to meet the contract requirements. Also, acknowledge the agreement terms
(see Attachment “1”) and insurance terms
3. STATEMENT OF QUALIFICATIONS: Must be applicable to this contract,
including the following:
a. State of California contractor’s license number and expiration date .
b. Names, qualifications, and proposed duties of key personnel assigned to
this project.
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i. The firm shall identify a full-time, English-speaking, site supervisor
who is capable of communicating with any City representative and
be authorized to act on behalf of the firm.
c. CA State Licensed Pest Control Advisor employed by the firm.
d. CA State Licensed Pest Control Applicator employed by the firm.
e. Technical ability and experience similar in scope to this contract.
f. Industrial Safety Record.
g. Safety Training Program.
h. Customer Service Program.
i. Statement of past project disqualification(s) and litigation records.
j. Corporate and Financial Capability.
i. The firm shall be required to demonstrate, to the satisfaction of the
City, that they have adequate financial resources to perform the
services required by these specifications.
ii. No contract will be awarded to any contractor who, as determined by
the City, has an unsatisfactory performance record or inadequate
experience, or who at any time lacks the necessary financial
resources to provide the services in strict accordance with the
specifications.
k. Letters of Reference (minimum 3) from another CA municipality.
4. QUALITY CONTROL PLAN: Must demonstrate the firm’s approach and methods
that will be used to meet the contract requirements, including the plan to
investigate, review, and resolve complaints from the public and damages to public
or private property.
5. COMPENSATION SCHEDULE: Must be completed (see Attachment “3”).
a. The City does not guarantee a specific amount of work and the quantity of
work may increase or decrease depending on the annual needs of the City.
b. Contract pricing for years one (1) through two (2) must be firm fixed pricing.
c. Pricing for year three (3) will be adjusted limited to the Consumer Price
Index (CPI) for any such proposed price adjustment and shall not exceed
the Bureau of Labor Statistics CPI data for Los Angeles- Riverside-Orange
County, California, All Items, Not Seasonally Adjusted, "annualized change
comparing the original proposal month and the same month in the
subsequent year. (March-March comparison).
d. Pricing for subsequent contract renewals will be limited to the CPI only.
GENERAL TERMS AND CONDITIONS
1. Issuance of this Request for Proposals (RFP) and receipt of proposals does not
commit the City to award an agreement. The City expressly reserves the right to
postpone the proposal opening date for its own convenience, to accept or reject
any or all proposals received in response to this RFP, to negotiate with more than
one vendor concurrently, or to cancel all or part of this RFP.
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2. The City reserves the right to reduce or revise elements of the scope of work prior
to the award of any agreement.
3. Proposals submitted may be withdrawn by written or email request received by the
City before the hour set for closure. After such hour, it may not be withdrawn.
4. The City reserves the right to reject any or all proposals and to waive any
informality or technical defect in a proposal.
5. All proposals must be signed by a responsible officer or authorized employee of
the firm, giving the firm’s name and address. Obligations assumed by such
signature must be fulfilled.
6. Submissions of a signed proposals will be interpreted to mean that the proposer
has thereby agreed to all of the terms and conditions set forth in this RFP package.
7. CONTRACT PERIOD: The proposed contract term will be for a period of three (3)
years commencing July 1, 2024, with the option, at the City's sole discretion, to
award up to three (3) additional years upon performance.
8. INVITATION FOR INTERVIEW (OPTIONAL): Firm(s) selected for further
consideration for all or parts of the tasks in the scope of work may be contacted to
arrange for an interview with City Staff via a virtual meeting platform. Should a firm
be asked to participate in the interview, principal and personnel assigned to the
City should be available to discuss the following:
e. elements of the proposal; and be prepared to answer any questions raised
to clarify in detail, and
f. Satisfactory performance on similar past/current work and description of
previously/current related experience for assigned personnel.
9. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but
need not be limited to, the following:
a. Completion of the required proposal form and compensation schedule.
b. Acknowledgement of the agreement terms and insurance requirements.
c. Responsiveness and comprehensiveness of proposal.
d. Corporate capability:
a. Qualifications and experience of key personnel.
b. Quantity and type of equipment.
c. Financial ability to perform the required services.
d. Internal training programs for employees.
e. Equipment maintenance facility.
e. References:
a. Quantity and quality of work previously performed.
b. Performance record of the firm at
f. Fee schedule.
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10. RIGHT TO REJECT ALL PROPOSALS: The City reserves the right to reduce or
revise elements of the scope of work prior to the award of a contract. Furthermore,
the City reserves the right to reject any proposal and may elect to make a decision
without further discussion or negotiation. This solicitation is not to be construed as
a contract of any kind. The City is not liable for any costs or expenses incurred in
the preparation of the proposals. The right to issue supplementary infor mation or
guidelines relating to this request is also reserved by the City. All proposals
submitted to the City in response to this RFP shall become property of the City.
11. COMPENSATION SCHEDULE: A complete fee proposal (see Attachment “3”)
shall be submitted separate from the proposal package, including a detailed
schedule to complete work described in the proposed Scope of Service.
12. INSURANCE: Proof of insurance requirements addressed in the professional
services agreement of this Request for Proposal shall be submitted by the selected
Contractor upon execution of the contract for submittal to the City Council.
The selected Contractor must submit a "Statement Certifying Insurance Coverage"
certifying that the required insurance coverage will be obtained by the Contractor,
and that the Contractor understands said coverage is prerequisite for entering into
an agreement with the City. The Contractor is required to confirm with its insurance
carrier that it can meet all the requirements for insurance. Failure to meet the
insurance regulations as set forth shall result in the Contractor disqualification.
13. AGREEMENT: A copy of the City’s contractor services agreement can be found
as Attachment 1. A statement SHALL be made in the proposal that all terms and
conditions including insurance requirements are acceptable. Any proposed edits
to the agreement shall be submitted with the proposal for staff's review and
consideration.
ATTACHMENTS SCHEDULE
• ATTACHMENT 1 Sample Contract Agreement
• ATTACHMENT 2 Proposal Form
• ATTACHMENT 3 Compensation Schedule
RFP SCHEDULE
• April 4, 2024 Release of RFP
• April 25, 2024 Proposal Due to the City
• May 1, 2024 Invitation for Interview (Optional)
• June 2024 Award of Contract
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SUBMITTAL OF PROPOSALS
An electronic copy of the proposal, in PDF format, shall be uploaded onto PlanetBids on
or before two o’clock (2:00) P.M. on Thursday, April 25, 2024. Only electronic proposals
will be accepted. All proposals will be visible to the public via PlanetBids after the
submission deadline. Use the link below to register:
https://www.diamondbarca.gov/712/RFP-RFQ-BID-Opportunities.
QUESTIONS
Any questions can be posted within the Q&A Section in PlanetBids . Please post all
questions no later than 4:00 P.M. on April 18, 2024.
Sincerely,
David G. Liu, P.E.
Director of Public Works/City Engineer
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
ATTACHMENT 1
Sample Contract Agreement
1715351.1
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of , 20XX by and
between the City of Diamond Bar, a municipal corporation ("City") and ___________, a [Insert
the type of entity of the Contractor, e.g., Inc., a California corporation; a California general
partnership; a California limited liability company; a sole proprietor; etc.] ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the Street Maintenance and Vegetation Control
Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As
a material inducement to the City to enter into this Agreement, Contractor represents and
warrants that it has thoroughly investigated the work and fully understands the difficulties and
restrictions in performing the work. Contractor represents that it is fully qualified to perform such
services by virtue of its experience and the training, education and expertise of its principals and
employees.
Jorge Garcia, Street Maintenance Superintendent (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Contractor will report for the performance of services
hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s
Project Manager to the extent required by the City’s Project Manager, and that all performances
required hereunder by Contractor shall be performed to the satisfaction of the City’s Project
Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall
continue until June 30, 2027 (“Term), unless earlier terminated pursuant to the provisions herein.
The City shall have the option to extend this Agreement for one (1) additional three (3)
year term subject to the same terms and conditions contained herein, by giving Contractor
written notice of the exercise of this option at least thirty (30) days prior to the expiration of the
initial Term. In the event the City exercises its option to extend the Term, Contractor’s
compensation shall be subject to an adjustment upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the Contractor, but
in no event shall the increase exceed the amount that the Consumer Price Index ("CPI")
for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") as reported by the Bureau of La bor
Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Index Month.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed
[Spell out dollar amount] Dollars ($ ________) without the prior written consent of the City.
The above not to exceed amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel, and all related expenses.
1715351.1
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed
or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent, and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to
Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control . In
the event of any inconsistency between this Agreement and the attached exhibits, the following
order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal,
dated April 4, 2024; and (c) Contractor’s Proposal dated ______.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. 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, except as specifically provided herein.
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
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under
this Agreement, and to 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. In the event that City is aud ited by any Federal or State agency or
the Public Employee Retirement System regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Contractor or its employees, then Contractor agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
1715351.1
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply
with all federal, state and local governmental permit or licensing requirements, including but not
limited to the City of Diamond Bar, South Coast Air Quality Manag ement District, and California
Air Resources Board.
E. In addition to any other remedies it may have, 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 required by this Agreement or for any amount or penalty levied against the City
for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
9. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all
of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of work and/or
services covered by this Agreement, and should any liability or sanctions be imposed against
City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City
for the cost of all such liabilities or sanctions imposed, together with any and all costs, including
reasonable attorney fees, incurred by City.
10. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss,
damage, expense, cost (including without limitation reasonable attorneys ' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with :
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Contractor’s employees or Contractor’s contractor’s
employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of or failure to
perform work hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or damage
which is caused by the sole active negligence or willful misconduct of the City. Should
City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the Indemnitees. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and
1715351.1
inclusive as is permitted by the law of the State of California and will survive termination
of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third-party indemnification rights of any kind.
11. Insurance.
A. Prior to performance of work under this Agreement and at all times during the term
of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an
insurance company authorized to do business in the State of California and approved by the City
the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, its officers, employees, agents, and independent contractors
in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage
of $2,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit
of $500,000.00 or the amount required by law, whichever is greater.
B. The Indemnitees shall be named as additional insureds on the policies as to
comprehensive general liability, property damage, and automotive liability. The policies as to
comprehensive general liability, property damage, and automobile liability shall provide that they
are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (excep t through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and shall be issued by an insurance company which is authorized to do
business in the State of California or which is approved in writing by the City; and shall be placed
have a current A.M. Best's rating of no less than A -, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy
of the insurance policy evidencing the additional insured requirements in this Agreement, in a
form acceptable to the City.
1715351.1
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of
the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible shall be subject to the approval
of the City. Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such amounts as
damages in any action against Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts
may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
12. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the 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
disclosure 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. Notwithstanding the foregoing, to the extent Contractor prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not,
except with Contractor's prior written consent, use the same for other unrelated projects.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information
(collectively, the “records”) pertaining to the costs of and completion of services performed under
this Agreement. The City and any of their authorized representatives shall have access to and
the right to audit and reproduce any of Contractor's records regarding the services provided
under this Agreement. Contractor shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Contractor agrees to make available
all such records for inspection or audit at its offices during normal business hou rs and upon three
(3) days' notice from the City, and copies thereof shall be furnished if requested.
14. Termination. The City may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon
1715351.1
the date specified in the notice of termination, or, in the event no date is specified, upon the
fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees
to pay Contractor for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Contractor shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Contractor or under it supervision, and all personnel
engaged in the work shall be qualified to perform such services. Contractor reserves the right
to determine the assignment of its own employees to the performance of Contractor's services
under this Agreement, but City reserves the right, for good cause, to require Contractor to
exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has determined
such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem
wages are on file in the Office of the City Clerk of the City of Diamond Bar, 218 10 Copley Drive,
Diamond Bar, California, and are available to any interested party on request . City also shall
cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if
such laborer, workman or mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor
under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the
award of a contract for a public work on any public works project awarded after April 1, 2015.
This Agreement is subject to complian ce monitoring and enforcement by the Department of
Industrial Relations.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor state either that it is an equal opportunity employer or that all qualified
1715351.1
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Contractor must
document any delay and request an extension of time in writing at the time of the delay to the
satisfaction of City. Any extensions granted shall be limited to the length of the delay outside
Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due
to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this Agreement
nor the performance of any of Contractor's obligations hereunder, without the prior written
consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy av ailable to City with
regard to such breach or default.
23. Attorney's Fees. In the event that either party to this Agreement shall commence
any legal or equitable action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
24. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may be referred by the parties hereto for mediation. A third party, neutral mediation service shall
be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne
equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any
such dispute or controversy so submitted to mediation. It is specifically understood and agreed
1715351.1
by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shall be a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy. [Optional.
Generally, do not use if Agreement is for less than $40,000.]
25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand durin g regular business hours
or by facsimile before or during regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
“CONTRACTOR” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
26. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
27. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
28. Severability. If any term, condition, or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall not be affected thereby , and the Agreement shall
be read and construed without the invalid, void or unenforceable provision(s).
29. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by a person duly authorized to do so under the City's
Purchasing Ordinance.
1715351.1
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date
first written above.
"Contractor" "City"
[Insert Full Name of Contractor] CITY OF DIAMOND BAR
By: By:
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:
Omar Sandoval, City Attorney
State of California "CONTRACTOR'S" License No. .
CONTRACTOR'S Business Phone
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
1715351.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief
Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one
corporate officer exists or one corporate officer holds more than one corporate office, please so
indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to the City.
ATTACHMENT 2
Proposal Form
ATTACHMENT #2
PROPOSAL FORM
STREET MAINTENANCE AND VEGETATION CONTROL SERVICES
The undersigned as proposer declares that he has carefully examined each location of
the proposed work, that he has examined the Specifications and read the accompanying
instructions to proposers, and hereby proposes and agrees, if the proposal is accepted,
to furnish all labor and equipment and do all work required by Specifications and
Agreement.
Name of Company:
Address:
Phone:
Contact Person: Years in business:
The undersigned proposer further understands that the City of Diamond Bar, California
reserves the right to award all or any part of this bid without any obligation to the City.
The City also reserves the right to waive any informality in proposals.
_________________________ By: _________________________ Date: _________
Signature Name/Title
Contract pricing for years one (1) through two (2) must be firm fixed pricing.
Pricing for year three (3) will be adjusted limited to the Consumer Price Index (CPI) for
any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
CPI data for Los Angeles RiversideOrange County, California, All Items, Not Seasonally
Adjusted, "annualized change comparing the original proposal month and the same
month in the subsequent year. (MarchMarch comparison).
Pricing for subsequent contract renewals will be limited to the CPI only.
The Contractor shall submit its request in writing, to be received by the City in person or
via certified mail a minimum of 60 days prior to the proposed adjustment date.
ATTACHMENT 3
Compensation Schedule
1 of 2
ATTACHMENT #3
STREET MAINTENANCE/VEGETATION CONTROL SERVICES
COMPENSATION SCHEDULE
ACTIVITY TO BE BILLED AS HOURLY FOR A TWO-MAN CREW AS DETERMINED BY THE
CITY.
RIGHT-OF-WAY/STREET MAINTENANCE ACTIVITIES
ACTIVITIES SCHEDULE PER
MONTH
ESTIMATED
ANNUAL HOURS
ESTIMATED
ANNUAL COST
LITTER PICKUP 2-TIMES
EMPTY BUS STOPS OVERFLOW
TRASH RECEPTACLES
AS NEEDED
ILLEGAL DUMP REMOVAL PER REQUEST
SPILL CLEANUP PER REQUEST
STORM PATROL INSPECTION/
CLEANUP
RAINY DAYS
RESIDENTIAL SLOTTED CROSS
GUTTERS CLEANUP
PER REQUEST
SPECIAL EVENTS PER REQUEST
CALTRANS ON/OFF RAMPS LITTER
REMOVAL
1-TIME
SUBTOTAL ANNUAL COST:
VEGETATION MAINTENANCE ACTIVITIES
ACTIVITIES SCHEDULE PER
MONTH
ESTIMATED
ANNUAL HOURS
ESTIMATED
ANNUAL COST
BRUSH REMOVAL 1-TIME
TREE PRUNING 1-TIME
TREE SUCKERS PRUNING 2 TIMES
TREE STAKING PER REQUEST
TREE WELL COVERS PER REQUEST
MANUAL WEED CONTROL AS NEEDED
SPOT SPRAY WEEDS AS NEEDED
PRE-EMERGENT WEED SPRAY 1 TIME PER YEAR
BACKPACK BLOWER - SIDEWALK
CLEANING (DAY PRIOR TO STREET
SWEEPING)
2 TIMES
CLEAN/SWEEP PAVED MEDIANS 1 TIME
V-DITCH CLEANING PER REQUEST
SUBTOTAL ANNUAL COST:
GRAND TOTAL:
2 of 2
ATTACHMENT #3
STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE
TIME AND MATERIALS RATES
LABOR RATES PER HOUR REGULAR OVERTIME HOLIDAY
SUPERVISOR
LEAD PERSON
WORKER I
WORKER II
WORKER III
EQUIPMENT RATES PER HOUR HOURLY RATE
LANDSCAPE DUMP TRUCK
PICKUP TRUCK
BACKPACK BLOWER
HEDGE TRIMMER
CHAIN SAW
BRUSH/WEED CUTTER
PREVAILING WAGE HOURLY ACTIVITIES
ACTIVITIES LABOR RATES
PER HOUR
TRAFFIC CONTROL
POTHOLE PATCHING
TRAFFIC SIGNS & ROAD MARKINGS