CC SR 20240917 L - Citywide Landscape Maintenance FY24-25
CITY COUNCIL MEETING DATE: 09/17/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Public Works Agreement to Stay Green,
Inc. for landscape maintenance and related services for Fiscal Year 2024-25 through
2028-29.
RECOMMENDED COUNCIL ACTION:
(1) Award a Public Works Agreement to Stay Green Inc. for landscape maintenance
and related services for Fiscal Year 2024-25 through 2028-29 as follows:
a. In the amount of $1,766,250 for October 1, 2024 through June 30, 2025 for
October 1, 2024 through June 30, 2025;
b. In the amount of $2,211,000 plus cumulative annual consumer price index
(CPI) increases for Fiscal Years 2025-26 through 2028-29;
c. A 10% annual contingency after application of CPI increase; and
(2) Authorize the Mayor and City Clerk to execute the agreement, in forms approved
by the City Attorney.
FISCAL IMPACT:
The FY 2024-25 budget for Citywide landscaping is $1,776,000. On July 16, 2024, the
City Council approved a three-month extension, expiring on October 1, 2024, to the
existing Stay Green contract in the amount of $444,000. The remaining budget available
after that extension is $1,332,000.
The proposed new contract at current service levels for October 1, 2024 through June 30,
2025 is estimated to cost $1,541,250. There is a shortfall of approximately $210,000.
Currently, Staff is not requesting an additional appropriation and is instead proposing to
adjust service levels down to remain within the approved budget. Staff will assess the
community’s acceptance of the adjusted service levels and return with an additional
appropriation request at a future date, should that be necessary. Staff is requesting that
the contract authorization amount be equivalent to the current service levels so that those
service levels could be restored with an additional appropriation, if necessary.
The FY2024-25 budget was based on the Public Works Department’s current practice of
using Glyphosate spray-on weed killers only in non-human contact areas such as
medians in the public right-of-way and not in human contact areas such as parks or
sidewalks. To be consistent with Los Angeles Cou nty practices, Staff recommends
eliminating the use of Glyphosate spray-on weed killers. This comes at an additional cost
of $225,000 per year to provide additional staffing which is needed if Glyphosate spray -
on weed killers are not used. Therefore, additional appropriation of $225,000 is being
requested.
If approved, the contract amount is funded by the General Fund at 60%, Gas Tax at 22%,
Measure M at 16%, and Subregion One at 2%. VR
Amount Budgeted: $1,776,000
Additional Appropriation: $225,000
Account Number(s): 101-400-3180-5201 $225,000 (General Fund-Landscape Maint., Repair & Maint. Median Services)
101-400-3150-5201 $295,000 (General Fund – Trails & Open Space Repair & Maint. Services
101-400-3151-5201 $ 770,000 (General Fund – Parks Maint, Repair & Maint. Services)
202-400-3180-5201 $388,000
(Gas Tax – Landscape Maint., Repair & Maint. Median Services)
221-400-3180-5201 $ 292,000
(Measure M – Repair & Maint. Services)
223-400-0000-5201 $31,000 VR
(Subregion 1 Fund – Repair & Maint. Services)
ORIGINATED BY: Juan Hernandez, Maintenance Superintendent
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Public Works Agreement with Stay Green for Landscape Maintenance and
Related Services for Fiscal Years 2024-25 through 2028-29 (page A-1)
forthcoming as late correspondence
B. Bid for Landscape Maintenance Services from Stay Green for Fiscal Years
2024-25 through 2028-29 (page B-1)
C. Notice Inviting Bids for Landscape Maintenance Services for Fiscal Years
2024-25 through 2028-29 (page C-1)
D. Staff Report dated July 16, 2024 for Landscape Services Contract extension
for July 1, 2024 through October 1, 2024 (page D-1)
BACKGROUND:
As a department in a contract city, the Public Works Department (Public Works) relies on
contractors to augment City Staff. One of the most important Public Works contracts is
for Citywide Landscape maintenance contract. This contract includes a large and varied
scope of services such as general landscape, tree trimming, irrigation repair, and litter
removal services in the public right-of-way, trails/open spaces, and City parks. In addition
to regular services, the landscape service contractor also provides labor resources to
augment City staff during times of extraordinary. This includes responding to storm-
related emergencies such as downed trees, debris removal, mudslide response, storm
inlet cleaning, and sandbag placement.
DISCUSSION:
On August 2, 2024, the City issued a Request for Proposals (RFP) on the Planet Bids
online procurement platform for Citywide landscape maintenance services
(Attachment C).
The City received five proposals by the deadline of August 23, 2024. Proposals were
submitted by the following contractors: DMS Facility Services (DMS), Elite Maintenance
&Tree Services (EMTS), Mariposa Landscape Inc (MAR), Parkwood Landscape Services
(PARK), and Stay Green Inc (STG). An evaluation panel of three City staffers
independently reviewed the qualifying proposals. The proposals were scored based on
the three evaluation criteria listed in the RFP: which included approach to the scope of
services, staff qualifications & experience, and schedule of fees.
Table 1: Landscape Services Proposals Scores
The evaluation panel found the top three proposals to be similar in approach and
experience as shown in Table 1 above. However, the firms began to differ mostly in their
schedule of fees. To determine the likely actual monthly cost to the City based on the
schedule of fees, Staff applied the labor rates (inclusive of equipment) from each proposal
to the City’s actual labor usage over the last two months. The result was that STG had
the lowest approximate labor cost by 5%. Material costs listed in the schedule of fees for
each proposal were also considered; however, since material costs are typically 20% of
an average month’s cost, STG’s overall approximate total cost to the City remained the
lowest.
The result is a proposed Public Works Agreement with the following key provisions:
• Five year (approximate) term from October 1, 2024, through June 30, 2029, with
the option of a one-year extension.
• Agreement may be terminated by the City at any time with a 30 -day written notice.
• Fixed unit prices for the first year and each year thereafter, the contractor may
request an adjustment to the prices in accordance with the consumer price index
(CPI).
• The quantities in the bid schedule are for estimation purposes only and to establish
fixed unit prices. The actual quantities will be based on the City's needs and
requests for labor and materials.
Following is a summary of the key services provided under this contract:
• Public Right of Way: The contractor will trim vegetation, remove weeds, and pick
up litter on the City's arterial and main collector streets including parkways and
medians. Each street will be serviced on an approximately eight-week rotation.
• Parks: The contractor will provide landscaping service to the City's eight primary
parks on a weekly cycle, ensuring well-manicured parks including mowing grass,
trimming hedges, edging walkways, and removing litter daily.
• Open Spaces and Trails: The contractor will trim vegetation, repairs ruts, and
clears excessive brush quarterly, as well as remove litter daily in the City's most
used open spaces and trails, including lookout points.
• Irrigation Repairs: The contractor will repair the city's 40 irrigation systems in the
public right-of-way parkways and medians as well as parks, ensuring proper
irrigation and water consumption efficiency.
• Service Request: The contractor will respond to various service requests as
ordered by City, including tree and branch debris removal, traffic view clearance,
and emergency response. Historically, there have typically been approximately
400 service request per year.
This contract does not provide brush clearance for purposes of fuel modification to reduce
the risk of wildfire, as that work is contracted separately.
ADDITIONAL INFORMATION:
As part of the RFP, Staff requested alternative pricing to perform weed removal and
reduction without the aid of Glyphosate-based spray-on weed killers (such as Round-Up).
The three qualifying proposals included three additional workers to accomplish the same
work without the use of Glyphosate-based spray-on weed killers. The result is an increase
to the overall budget by approximately $225,000 per year, excluding annual CPI. Staff
reached out to the Los Angeles County Public Works Department (LACo PW) to better
understand their experiences with the elimination of Glyphosate-based spray-on weed
killers. LACo PW reported that their operational costs increased by approximately 40% to
50% since discontinuing the use of Glyphosate-based products in 2019.
CONCLUSION:
Staff recommends that the City Council award a Public Works Agreement to STG for
landscape maintenance and related services for Fiscal Year 2024-25 through 2028-29 in
the amount of $1,766,250 for October 1, 2024 through June 30, 2025 and $2,211,000
plus cumulative annual CPI increases every year thereafter, with a 10% annual
contingency after the application of CPI increase. The agreement amount accounts for
additional staffing necessary to eliminate the use of Glyphosate spray-on weed killers.
There is a projected shortfall of approximately $210,000 for Fiscal Year 2024-25 budget
to maintain current service levels; however, Staff is not requesting an additional
appropriation for this purpose and is instead proposing to adjust service levels down to
remain within the approved base budget. Staff will assess the community’s acceptance
of the adjusted service levels and return with an additional appropriation request at a
future date, should that be necessary.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Do not award a Public Works Agreement and d irect Staff to re-solicit bids. Staff
does not believe that re-soliciting bids will result in lower prices.
2. Direct Staff to continue the use of Glyphosate-based products in non-human
contact areas and decrease the workforce accordingly. This will result in a
reduction of approximately $225,000 per year in the agreement amount.
3. Take other action, as deemed appropriate.
Stay Green Inc.
Proposal For
Citiwide Landscape Maintenance
FY24/25 through FY29/30
08-23-2024
B-1
8/23/2024
Dear City of Rancho Palos Verdes:
Thank you for the opportunity to continue to provide Landscape Maintenance Service in the City of Rancho Palos Verdes.
We value the partnership we have built over the last 7 years. We intend to deliver our excellent standard of quality,
customer service, while continuing to improve and beautify the City of Rancho Palos Verdes overall appearance.
Included in the attached proposal is information on Stay Green Inc.’s history of experienced landscaping, and the
information outlined in the RFP. Stay Green is a Corporation, proof of good standing follows in the next pages.
We would like to highlight some important benefits of having the Stay Green Inc. team remain in the City of Rancho Palos
Verdes. With constant communication, we expect our relationship to only grow and improve from here. Being on property
the last 7 years, we know all it takes to properly manage this extensive area. The intent is to ensure that quality, superb
service and communication are executed here. These team members are seasoned and well versed in the City of Rancho
Palos Verdes layout and operational needs. Having the above knowledge offers you faster response and turn - around
times. Stay green does not use subcontractors.
The project will continue to be led by our Regional Manager Martin McKenna, along with an experienced Account
Manager, Oscar Lavenant, an experienced Production Manager, Arturo Ibarra, 4 experienced Lead Landscapers along
with their crews, Litter Laborers, a Pest Control Technician and a Bobcat Operator.
Contact information and officers are listed below:
Chris Angelo
President/CEO
Changelo@staygreen.com
(661)291-2800 ext. 110
26415 Summit Circle
Santa Clarita, CA 91350
Steve Seely
Executive Vice President Development
Sseely@staygreen.com
(661)291-2800 ext. 108
26415 Summit Circle
Santa Clarita, CA 91350
Scott Godfrey
Executive Vice President Operations
Sgodfrey@staygreen.com
(661)291-2826
26415 Summit Circle
Santa Clarita, CA 91350
B-2
Martin McKenna
Regional Manager
Mmckenna@staygreen.com
(818)967-1946
9970 Bell Ranch Dr.
Santa Fe Springs, CA 90670
Oscar Lavenant
Account Manager
Olavenant@staygreen.com
9970 Bell Ranch Dr.
Santa fe Springs, CA 90670
Arturo Ibarra
Production Manager
aibarra@staygreen.com
(661)309-0552
30940 Hawthorne Blvd
Rancho Palos Verdes, CA
90275
Please do not hesitate to contact us at the information above, if you have any questions.
We look forward to our continued partnership with you in the City of Rancho Palos Verdes!
Thank You,
Martin McKenna
B-3
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
Entity Name:
Entity No.:
Registration Date:
Entity Type:
STAY GREEN INC.
0740043
10/15/1974
Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all
its powers, rights and privileges in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this
certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any,
business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate and affix
the Great Seal of the State of California this day of April 04,
2024.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.: 197070832
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State
Certification Verification Search available at bizfileOnline.sos.ca.gov.
B-4
Qualification and Experience
Stay Green Inc.’s field team is made up of highly qualified landscapers. Stay
Green has numerous 10 plus year team members. Everyone is highly trained
in their area of expertise. All team members look out for one another to
make sure they are working in a safe work environment. When our team is
working throughout an account like this contract, we feel a part of the
community.
Our assigned staff will report to the project 5 days a week M-F. Our crews
will follow the frequency schedule contained in the RFP. The crew will
communicate changes or needs to the Production Manager who will them
communicate to the city inspector. The crews are organized by their
manager who provide direction, communication, training, and assistance on
a schedule, as well as, on as needed basis. The crew is set up to perform the
work as productive and efficiently as possible.
We use top of the line equipment that is rotated out based on anufacturer’s
recommendation. The equipment assists our team in providing our client
with a great product. Stay Green Inc. is equipped with additional equipment
not dedicated to the job, but available in a moment’s notice. Delays in
accomplishing work will not be an issue. Our enhancement department is
equipped to step in and handle work outside of the scope of maintenance.
We expect timely completion of tasks to meet the city’s requirements.
All staff are trained to use all equipment and tools assigned to them. Stay
Green Inc. lives by best practices that are practiced daily. They are
specially used to train staff members on maintenance tasks (routine and
non-routine). Other examples of best practices are pruning techniques,
training your staff, and safety.
Below are references that are similar scope of services that Stay
Green has been servicing for over 5 years, including City of Rancho
Palos Verdes which we are servicing now.
B-5
City of Downey
12324 Bellflower Blvd
Downey, CA 90241
Contact – Gio Amador, 562-417-6902,
gamador@downeyca.org 12 Years Servicing
City of Fontana
16489 Orange Way
Fontana, CA 92335
Contact – Brian Clements, 909-350-6771, bclements@fontana.org
City of Santa Clarita
23920 Valencia Blvd
Santa Clarita, CA 91355
Contact – Mike Choate, 661-290-2207, mchoate@santa-clarita.com
B-6
Introduction/Approach
Stay Green’s approach to providing quality landscaping services has been a
goal that we aim to achieve year after year. The crews are organized by their
manager who provides direction, communication, training, and assistance on
a schedule, as well as, on as needed basis. The crew is set up to perform the
work as productively and efficiently as possible. The work will be performed
in a cyclical manner to allow for organized flow throughout the project. We
are always training new staff as part of our bench strength program. Keeping
the highest level of managers on our projects is key to our success.
Stay Green’s direct office line is available for assistance 5 days a week M-F
7:00am-5:00pm. Our afterhours emergency line is available to our customers
24 hours a day. The number for both lines is (800)858-5508. A customer
service representative will be assigned to this account to assist with work
order requests. This partnership will expedite the completion of issues and
follow up communication.
For fifty-four years, Stay Green Inc. has provided complete landscape
maintenance services throughout Southern California offering tree trimming,
maintenance, water management, and plant health care. We have on-staff
plant health care experts, landscape designers, certified water managers, and
(ISA) certified arborists happy to serve all your property’s landscaping needs.
Stay Green Inc. is family owned and operated. Richard and Charlene Angelo
started the company back in 1970. While the company’s headquarters are
located in Santa Clarita Valley, we have offices in the Los Angeles, Orange,
Riverside, Ventura, and Kern Counties. Stay Green Inc. has grown over 50
years through referrals, professionalism, and quality. Stay Green Inc. is
recognized as a leading provider of high-quality landscape services, having
achieved a 95 percent customer retention rate, along with receiving the
industry’s most prestigious awards. Stay Green Inc. recently received seven
“Award of Excellence” awards, plus two Safety Awards from the National
Association of Landscape Professionals. We remain committed to continued
growth, as well as leadership within the industry.
B-7
We consistently implement new technologies and techniques to improve our
efficiency and effectiveness. And, since we were among the first to investigate and
adopt environmentally friendly landscaping practices, we continue to inspire others
in our industry to do the same. Utilizing safe chemicals, organic fertilizer, and water
conservation programs are just a few of the initiatives that Stay Green has to offer.
To elaborate, in order to help areas that are constricted by city regulations to
decrease their water consumption, we offer plants and techniques that do not
compromise the beauty of the landscape but reduce the requirement of water. We
consistently implement new technologies and techniques to improve our efficiency
and effectiveness. And, since we were among the first to investigate and adopt
environmentally friendly landscaping practices, we continue to inspire others in our
industry to do the same. Utilizing safe chemicals, organic fertilizer, and water
conservation programs are just a few of the initiatives that Stay Green has to offer.
To elaborate, in order to help areas that are constricted by city regulations to
decrease their water consumption, we offer plants and techniques that do not
compromise the beauty of the landscape but reduce the requirement of water. Being
innovative without sacrificing our service and quality, but allowing it to be
enhanced, is top priority for us as a company.
Stay Green Inc. is a Corporation in California. The owners are Richard Angelo
(Founder), and Chris Angelo (CEO/President). Stay Green Inc. has worked with
many municipalities improving water management processes, construction projects,
landscape and athletic field maintenance and janitorial services.
B-8
Organizational Chart
Stay Green Inc. specializes in Landscape Maintenance, Plant Health Care, and Tree
Services thereby eliminating the need for subcontracting work. Not only does Stay
Green Inc. service commercial businesses, homeowner associations, and large
complexes; we also handle many city and county landscaping accounts. Since we are
a full service Landscape Company we have the ability to expect and achieve our high
standards out in the field.
Our Chief Operations Manager Steve Seely, along with his experienced crew
consisting of Regional Managers, Account Managers and Production Managers, will
lead the project. Below you’ll find the manner in which our company is organized.
Crew Members
Crew Leaders
(15) Production Managers
(14) Account Managers (3) Branch
Administrators
Controller (4) Regional Managers HR, Safety & Training
EVPD – Steve Seely
CEO / President – Chris Angelo
B-9
Acceptance of Conditions
Stay Green Inc. accepts all conditions listed in the RFP document and Sample
Agreement, (Attachment A).
Martin McKenna
Regional Manager
B-10
Project Team
Below is the project team and their resumes.
Stay Green does not use subcontractors.
Martin McKenna – Regional Manager
Martin has served in the Green Industry since 2010 holding both local and multistate
operational leadership roles. He has served as a Branch Manager, Regional
Manager, and Region Vice President and most recently as Region Manager for Stay
Green Inc. for the Greater Los Angeles market. Martin brings expertise in
municipality, federal, county, commercial and HOA landscape service and is
currently working towards his certification in chemical application.
Martin holds an undergraduate degree in Organization Development and most
recently an MBA from USC.
Scott Godfrey – Executive Vice President Operations
Scott is an experienced service industry leader with project and operational
management skills. Scott thrives in a fast-pased environment and works directly
with clients and employees to develop and implement service focused solutions.
He works with Managers on client and employee retention, meeting with clients,
quality control, developing training programs, and financial management.
Oscar Lavenant – Account Manager
Oscar Lavenant has been ab Account Manager for over 17 years. He has over 40
years of experience in the areas of Landscape Maintenance, new construction and
installation from the ground up which also includes landscape renovations and
hardscapes. He has been with Stay Green for 9 years and manages large
maintenance accounts. Oscar also holds a License from The Department of
Pesticides Regulations.
B-11
Project Team Continued
Arturo Ibarra – Production Manager
Arturo Ibarra has 33 years of experience in the area of Landscape Maintenance, and
he has been a Production Manager for 25 years. Arturo has been with Stay Green for
5 years and has managed many City and County jobs. Arturo’s experience is
specifically in managing crews for large maintenance accounts. Meeting and
exceding client expectations in the field is what drives Arturo to success.
Carlos Rodarte – Project Manager
Carlos Rodarte has been a Project Manger for 35 years, and has been with Stay
Green for over 13 years. He has extensive experience in both landscaping as well as
construction. Meeting and exceeding client expectations is what drives Carlos to
success.
B-12
Exhibit X-1
Work Force Routine Maintenance Rates
Labor Team Positon/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW B TEAM
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
PARKS TEAM
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
SERVICE REQUEST TEAM
SR TEAM Staff 1920
SR TEAM Staff 1920
TRASH /LITTER TEAM
TL Staff 2688
TL Staff 2688
IRRIGATION TEAM
IRRIGATION TECH 1920
TREE SERVICE TEAM
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
Total
Crew Leader $46.09
Gardener
Gardener
Gardener
Gardener
$35.75
$35.75
$35.75
$35.75
$88,492.80
$68,640.00
$68,640.00
$68,640.00
$68,640.00
Crew Leader
Gardener
Gardener
Gardener
Gardener
$46.09
$35.75
$35.75
$35.75
$35.75
$88,492.80
$68,640.00
$68,640.00$68,640.00
Crew Leader
Gardener
GardenerGardener
Gardener
$35.75
$35.75
$35.75
$35.75
Crew Leader
Gardener $35.75
$35.75
$35.75
$47.68
$80.00
$80.00
$80.00$80.00
$68,640.00
$68,640.00
$68,640.00$68,640.00
$68,640.00
$68,640.00
$96,096.00
$96,096.00
$91,545.60
$19,200.00
$19,200.00
$19,200.00
$19,200.00
$46.09 $88,492.80
$46.09 $88,492.80
$1,606,828.80
B-13
Exhibit X-2
Extraordinary Work
Labor Rates
Labor Team Position/Title REG Rate Overtime Rate Double Time Rate
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Auxilary
Pest Control Tech
Arborist
Heavy Equipment Operator
*Any team can be reassigned to
work in any location in the city,
but not limited to Parks, ROW,
Open space areas, trails, storm
inlets,and facilities through out
the city
**OT/DT rate with City
Authorization only
$130.00 $195.00 $260.00
Crew LeaderGardenerGardenerGardener Gardener
$35.75 $53.63 $71.50$35.75 $35.75$35.75
$53.63 $53.63 $53.63
$71.50$71.50$71.50
Crew LeaderGardener
GardenerGardenerGardener
$35.75$35.75$35.75$35.75
$53.63 $53.63 $53.63 $53.63
$71.50$71.50$71.50$71.50
Crew LeaderGardenerGardenerGardenerGardener
$35.75$35.75$35.75$35.75
$53.63 $53.63 $53.63 $53.63
$71.50$71.50$71.50$71.50
Crew LeaderGardener $35.75 $53.63 $71.50
$35.75 $53.63 $71.50
$35.75 $53.63 $71.50
$47.68 $71.52 $95.36
$80.00$80.00$80.00 $80.00
$120.00$120.00$120.00$120.00
$160.00$160.00$160.00$160.00
$68.96 $103.44 $137.92$68.96$105.00 $103.44$157.50 $137.92$210.00
$46.09
$46.09
$46.09
$46.09
$69.14 $92.18
$69.14 $92.18
$69.14 $92.18
$69.14 $92.18
B-14
Exhibit X-3
Included Routine Operations Equipment Detail List all equipment and vehicles that will be utilized per team
Team Detail Equipment provided
ROW Team A
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree
trimming to keep traffic visibility. Hardscape related to
Medians- Keep it weed-free and trash-free, as well as
use herbicide and pre-emergent application. Keep weed
free area of 6 to 8 feet. Trimming any branches, blocking
signs, lights, or roadways- Keeping traffic visibility.
Trimming of all shrubbery back away from road. Drains
and drain swales, keeping them free of trash & debris.
Weed control by weed eater and chemical applications.
Needed.
ROW Team B
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree
trimming to keep traffic visibility. Hardscape related to
Medians- Keep it weed-free and trash-free, Herbicide
and Pre-Emergent application.keep weed free area of 6
to 8 feet. Trimming any branches blocking signs, light or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain
swales, keeping them free of trash & debris. Weed
control by weed eater and chemical applications..
Park Team
Parks - Mowing of all turf areas, edging, line trimming,
blowing of grass cuttings. Skirting trees up to 8 feet to
keep all walkways free for Pedestrians. Plants, ground
cover, shrubs trimming and detailing. Blowing all
landscape-related areas.
Keeping all drains clear and free of debris, keeping all
DG pads in good walking conditions, and adding DG
when needed. Fertilizing all turf areas every two months
or as needed.
Service Request Team
Service Request team -Intake, receive, and close
electrically through the City's work order system any
service requests generated by City staff to make spot
repairs, veg trims, Debris removal, and city-wide
maintenance and other duties as assigned.
Trash /Litter Team
(7 day)Replace all trash bags and refill all doggy bag
receptacles in all parks, ROW, beaches, and trails.
Trash Policing Right of way main thourough fares,
scenic Points, bus stops.
Irrigation Team
City-wide repair, maintenance, and installation of city
irrigation systems, including but not limited to Parks,
ROW, Medians, and parkways.
Tree Services Team
Tree service Team - trimming, pruning trees in the City
parks, public right of way,and roadway, open space
areas, and trails, as directed by City staff to meet city
ordinance /ISA standards.
In yard Equipment /MISC
List any and all equipment needed in support of the
landscape contract that will be furnished in addition to
individual team equipment. ie..tractors, draggers, heavy-
duty brush cutters, attachments, etc
1 Ford F250 truck and trailer, 2 Weed eaters,2 Hedge trimmers, 1 Chain Saw, 1 Blower
1 Ford F250 truck and trailer, 2 Weed eaters,2 Hedge Trimmers, 1 Chain saw, 1 Blower
1 Ford F250 Truck and trailer, 2 Weed eaters, 2 Hedge trimmers, 2 Blowers, 1 Chain saw, 2 Ride on mowers
1 Ford F250 Truck and 1 Blower
1 Ford F250 Truck, 1 Hedge trimmer, 2 Weed eaters1 Blower, 1 Chain saw
Irrigation transit van or Ford Ranger
1 Boom truck, 1 Chipper truck, 3 Chain saws
B-15
Exhibit X-4
Item No. Nomenclature Name Specification Units Unit Cost EST Montly Units EST Yearly Units
Monthly Est
Cost Yearly Est Cost
BID CATEGORY 3 - CONTRACTOR PROVIDED MATERIALS XX XX XX XX XX XX
1 Sand Playground Washed plaster sand free of rocks Cubic Yards 5 64 $ -$ -
2 Wood Fiber Media Playground/Dog park
Engineered Wood Fiber media, which meets ADA, ASTM, CPSC and
CSA standards Cubic Yards 5 64
4 Decorative Wood Bark Playground Planter ground cover Cubic Yards 5 64
5 Decomposed Granite Trails/Landscaping Trail and landscape replenishment Cubic Yards 5 64 $ -
6 Bags Dog Waste
2000 EZ Tie handled dog waste clean up bags. Bulk packed - 20
packages of 100, bulk packed bags - 20 blocks of 100 bags, or
equivalent Case of 2000 25 300
$ -
7 Bags Waste Bin Liners 39" x 58" 1.5 Mil Eco Friendly trash liners Case of 100 40 480 $ -
8 marathon seed plant material Plant material bags 2 24 $ -
9 Round up chemical Common chemical used to control weeds gallon 1 12 $ -
10 Glyphosate-based chemical 30GAL chemical Common chemical used to control weeds 30 GL Drum 1 12 $ -
11 Spectacile FLO Liq Pre Emergent chemical Common chemical used to control weeds gallon 1 12 $ -
12 Fusiclade per quart chemical Common chemical used to control weeds quart 1 12 $ -
13 Free Hand 50LB chemical Common chemical used to control plant growth 50lb bag 2 24 $ -
14 PGR per gallon chemical Common chemical used to control plant growth gallon 1 12 $ -
15 Omega gopher bait chemical Pesticide 4Lb 1 12 $ -
16 Fertilizer 37-0-5 w/ dimension irrigation Common chemical used to promote growth 50lb bag 5 60 $ -
17 .5" -1" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
18 2" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
19 2.5" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
20 3" -4" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
21 9v battery irrigation Common irrigation part irrigation 10 120 $ -
22 1.5 " Full Port Ball Valve irrigation Common irrigation part fitting 5 60 $ -
23 Irrigation pipe - .75" sch 40 irrigation Common irrigation part 100 ' 1 12 $ -
24 Irrigation pipe - 1" sch 40 irrigation Common irrigation part 100' 1 12 $ -
25
1' Inch Rainbird 100EFB Brass Control
Valve irrigation Common irrigation part irrigation 5 12 $ -
26
1 1/2 "Inch Rainbird 150EFB Brass
Control Valve irrigation Common irrigation part irrigation 5 12 $ -
27
2 Inch Rainbird 200EFB Brass Control
Valve irrigation Common irrigation part irrigation 5 12 $ -
28 Rainbird pop up 1806 PRSw/chk irrigation Common irrigation part irrigation 10 120 $ -
29 Rain Bird Nozzle 8-10 foot spray irrigation Common irrigation part fitting 10 120 $ -
30 24 " Box Tree plant material Common plant material container 10 120 $ -
31 5 GL common plant plant material Common plant material container 20 240 $ -
32 15 GL common plant plant material Common plant material container 20 240 $ -
33 1 GL common plant irrigation Common plant material container 20 240 $ -
34 12 ' Valve lid and box irrigation Common irrigation part irrigation 5 60 $ -
34 2.0 topper plant material Common plant material bags 5 60 $ -
36 3/4 pvc cross slip irrigation Common irrigation part fitting 10 120 $ -
37 3/4 pvc 90 irrigation Common irrigation part pipe 10 120 $ -
38 2x1-1/2 pvc bushing dripline connectors irrigation Common irrigation part fitting 10 120 $ -
39 3/4 PVC coupling irrigation Common irrigation part fitting 10 120 $ -
40 Dripline connectors irrigation Common irrigation part fitting 10 120 $ -
41 hunter i-25 sprinkler irrigation Common irrigation part fitting 10 120 $ -
42 hunter i-24 sprinkler irrigation Common irrigation part fitting 10 120 $ -
43 staples 500 count irrigation Common irrigation part staples 1 6 $ -
*
Contractor consumables and operating
materials are not chargeable to the city .
**
**non listed Material /Equipment
/Rentals **City will reimburse contractor at no more than 13% mark up
Total $ -$-
$186.45 932.25 11,932.80
$68.37 $341.85 4,375.68
$68.37 $341.85 4,375.68
$161.59 $807.95 10,341.76
$321.70 $8042.50 96,510.00
$70.95 $1,773.75 34,056.00
$157.13 $314.26 3,771.12
$94.92 $94.92 1,139.04
$1012.75 $1012.75 12,153.00
$2213.67 $2,213.67 26,564.04
$121.81 $121.81 1,461.72$147.98 $295.96 3,551.52
$102.98 $102.98 1,235.76
$1.12 $22.40 268.80
$3.23 $64.60 775.20
$1.94 $9.70 116.40
$11.07 $55.35 664.20
$3.06 $30.60 367.20
$29.03 $145.15 1,741.80
$36.37 $36.37 436.44
$55.00 $55.00 660.00
$181.12 $905.60 2,173.44
$289.10 $1,445.50 3,469.20
$406.89 $2,034.45 4,882.68
$19.97 $199.70 2,396.40
$1.14 $11.40 136.80
$205.10 $2,051.00 24,612.00
$18.02 $360.47 4,324.80
$67.80 $1,356.00 16,272.00
$5.59 $111.87 1,341.60
$80.18 $400.90
$10.53 $52.65
4,810.80
$91.80
$2.96 $29.60 355.20
.47 $4.75 56.40
2.00 $20.00 240.00
.47 $4.75 56.40
$7.97 $79.70 956.40
$44.49 $444.90 5,338.80
$44.49 $444.90 $5,338.80
$39.34 $39.34 236.04
--50lb $330.64
$63.46
$330.64
$317.30
3,967.88
3,807.60
27,461.09 301,363.20
B-16
Schedule of Compensation
Labor Teams Staff Level Monthly Yearly
ROW A Team
ROW B Team
Parks Team
Service Request Team
Irrigation Tech
Litter/ Trash Team
Total FTE
Tree Service Team
Total $ - $ -
Material Cost
Grand Total
Expected Schedule of Compensation Exhibit X -5
5
552
12
4
20
$30,254.40 $363,052.80
$30,254.40 $363,052.80
$30,254.40 $363,052.80
$13,094.40 $157,132.80
$91,545.60$7,628.80
$11,440.00 $137,280.00
$51,200.00 $614,400.00
174,126.40 2,089,516.80
$27,461.09 $301,363.20
$201,587.49 $2,390.880.00
B-17
Exhibit Y-1
Work Force Rates
(Non Herbacide ) **Estimated by Contractor
Labor Team Position/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH Staff
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Total
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
**to account for no
herbicide/chemical use in
Crew Leader
GardenerGardenerGardenerGardener
ROW A STAFF Gardener
$46.09$35.75
$35.75$35.75$35.75$35.75
19201920
19201920
$88,492.80$68,640.00
$68,640.00$68,640.00$68,640.00$68,640.00
19201920
ROW B Staff
Crew LeaderGardener
GardenerGardenerGardenerGardener
$46.09
$35.75$35.75$35.75$35.75$35.75
192019201920192019201920
$88,492.80$68,640.00$68,640.00$68,640.00$68,640.00$68,640.00
PARK TEAM Staff
Crew Leader
GardenerGardenerGardenerGardenerGardener
$46.09
$35.75$35.75$35.75$35.75
$35.75
1920
192019201920
$68,640.00$68,640.00$68,640.00$68,640.00$68,640.00
Crew Leader
Gardener
$46.09$35.75
1920
1920
$88,492.80$68,640.00
$35.75$35.75 26882688
$96,096.00
$96,096.00
$47.68 1920 $91,545.60
$80.00 240 $19,200.00
240 $19,200.00$80.00$80.00
$80.00 240240 $19,200.00$19,200.00
1920
$88,492.80
1920
$1,812,748.80
B-18
Exhibit Y-2
Extraordinary Work
Labor Rates
Non Herbicide use
Labor Team Position/Title REG Rate Overtime Rate Double Time Rate
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Auxilary
Pest Control Tech
Arborist
Heavy Equipment Operator
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
**OT/DT rate with City
Authorization only
ROW A Staff
ROW B Staff
PARK TEAM Staff
Gardener
Gardener
GardenerGardener
Gardener
Crew Leader
Gardener
Gardener
Gardener
Gardener
Gardener
Crew Leader
GardenerGardener
Gardener
Gardener
Gardener
Crew Leader
Gardener
$46.09
$35.75
$35.75
$35.75$35.75$35.75
$46.09$35.75$35.75
$35.75
$35.75
$35.75
$46.09
$35.75
$35.75
$35.75
$35.75
$35.75
$35.75
$35.75
$47.68
$80.00
$80.00
$80.00$80.00
$68.96
$105.00
$130.00
Crew Leader
$46.09
$68.96
$35.75
$69.14 $92.18
$53.63 $71.50
$53.63 $53.63 $71.50
$71.50 $53.63 $71.50 $53.63 $71.50
$69.14 $92.18 $53.63 $71.50
$53.63 $71.50
$53.63 $71.50
$53.63 $71.50
$53.63 $71.50
$69.14 $92.18
$53.63 $71.50 $53.63 $71.50 $53.63 $71.50
$53.63 $71.50 $53.63 $71.50
$69.14 $92.18
$53.63 $71.50
$53.63
$53.63
$71.50
$71.50
$71.52 $95.36
$120.00
$120.00
$160.00
$160.00
$160.00$120.00$120.00 $160.00
$103.44 $137.92
$103.44 $137.92
$157.50 $210.00
$195.00 $260.00
B-19
Exhibit Y-3
Included Operations Equipment Detail List all equipment and vehicles that are utilized
for service based on not using chemical
herbicides of any kind.
Team Detail Equipment Provided
ROW Team A
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree trimming
to keep traffic visibility. Hardscape related to Medians-
Keep it weed-free and trash-free. Keep-free area of 6 to 8
feet. Trimming any branches, blocking signs, lights, or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain swales,
keeping them free of trash & debris. Weed control by
weed eater and chemical applications. Needed.
ROW Team B
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree trimming
to keep traffic visibility. Hardscape related to Medians-
Keep it weed-free and trash-free,.keep weed free area of
6 to 8 feet. Trimming any branches blcking signs, light or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain swales,
keeping them free of trash & debris. Weed control by
weed eater and chemical applications..
Park Team
Parks - Mowing of all turf areas, edging, line trimming,
blowing of grass cuttings. Skirting trees up to 8 feet to
keep all walkways free for Pedestrians. Plants, ground
cover, shrubs trimming and detailing. Blowing all
landscape-related areas.
Keeping all drains clear and free of debris, keeping all
DG pads in good walking conditions, and adding DG
when needed. Fertilizing all turf areas every two months
or as needed.
Service Request Team
Service Request team -Intake, receive, and close
electrically through the City's work order system any
service requests generated by City staff to make spot
repairs, veg trims, Debris removal, and city-wide
maintenance and other duties as assigned.
Trash /Litter Team
(7 day)Replace all trash bags and refill all doggy bag
receptacles in all parks, ROW, beaches, and trails.
Trash Policing Right of way main thourough fares, scenic
Points, bus stops.
Irrigation Team
City-wide repair, maintenance, and installation of city
irrigation systems, including but not limited to Parks,
ROW, Medians, and parkways.
Tree Services Team
Tree service Team - trimming, pruning trees in the City
parks, public right of way,and roadway, open space
areas, and trails, as directed by City staff to meet city
ordinance /ISA standards.
In yard Equipment /MISC
List any and all equipment needed in support of the
landscape contract will be furnished in addition to
individual team equipment. ie..tractors,draggers, heavy
duty brush cutters, attachments, etc
1 Ford F250 truck and trailer, 2 Weed eaters,2 Hedge trimmers, 1 Chain saw, 1 Blower
1 Ford F250 truck and trailer, 2 Weed eaters,2 Hedge Trimmers, 1 Chain saw, 1 Blower
1 Ford F250 Truck and trailer, 2 Weed eaters,2 Hedge trimmers, 2 Blowers, 1 Chain saw,2 Ride on mowers
1 Ford F250 Truck, 1 Hedge trimmer, 2 Weed eaters, 1 Blower, 1 Chain saw
1 Ford F250 truck and 1 Blower
Irrigation transit van or Ford Ranger
1 Boom truck, 1 Chipper truck, 3 Chain saws
B-20
Exhibit Y-4
$186.45 932.25 11,932.80
$68.37 $341.85 4,375.68
$341.85 4,375.68$68.37
$161.59 $807.95 10,341.76
$321.70 $8042.50 96,510.00
$70.95 $1,773.75 34,056.00
$157.13 $314.26 3,771.12
$317.30 3,807.60$63.46
$1.12 $22.40 $268.80
$3.23 $64.60 775.20
$1.94 $9.70 116.40
$11.07 $55.35 664.20
$3.06 $30.60 367.20
$29.03 $145.15 1,741.80
$36.37 $36.37 436.44
$55.00 $55.00 660.00
$181.12 $905.60 2,173.44
$289.10 $1,445.50 3,469.20
$406.89 $2.034.45 4,882.68
$19.97 $199.70 2,396.40
$1.14 $11.40 136.80
$205.10 $2,051.00 24,612.00
$18.02 $360.47 4,324.80
$67.80 $1356.00 16,272.00
$111.87 1,341.60$5.59
$80.18 $400.90 4,810.80
$10.53 $52.65 $91.80
$2.96 $29.60 355.20
.47 $4.75 56.40
$2.00 $20.00 240.00
.47 $4.75 56.40
$7.97 $79.70 956.40
$44.49 $444.90 5,338.80
$44.49 $444.90 5,338.80
$39.34 $39.34 236.04
---- 50lb $330.64 $330.64 3,967.88
23,619 255,256.12
B-21
Expected Schedule of Compensation
Exhibit Y-5
Non-Herbicide
Schedule of Compensation
Labor Teams Staff Level Monthly Yearly
ROW A Team
ROW B Team
Parks Team
Service Request Team
Irrigation Tech
Litter/ Trash Team
Total FTE
Tree Service Team
Total $ - $ -
Material Cost
Grand Total
6
6
6
2
1
2
23
4
$35,974.40 $431,692.80
$35,974.40
$35,974.40
$431,692.80
$431,692.80
$13,094.40 $157,132.80
$7,628.80 $91,545.60
$11,440.00 $137,280.00
$51,200.00 $614,400.00
191,286.40
$214,905.40
$23,619.00 $255,256.42
2,295,436.80
$2,550,693.22
B-22
Exhibit Z
N/A N/A N/A N/A
Ford F250 Regular Cab $365.24 $1,166.10 $2,621.00
N/A N/A N/A N/A
John Deere 310L EP $603.20 $1,885.00 $4,976.40
John Deere 210L $505.18 $1,809.60 $4,373.20
Takeuchi TB230/R I Kubota KX71Komatsu PC27/PC30 (All Units Non Cab)$535.34 $1,583.40 $3,920.80
Kubota M5660 $490.88 $1,809.60 $4,524.00
Ford F-650 $616.01 $1,953.90 $4,721.60
Freightliner M2106 3-Axle $931.13 $3,136.00 $8,135.40
Ford F-750 $629.14 $1,954.00 $5,972.90
Millerbilt UT5x10-End/Marksman UT5x10-End $144.20 $528.00 $1,131.00
MillerBlt 00 5x14 / 5x14T / UT5x14T-End $173.42 $679.00 $1,357.20
N/A N/A N/A N/A
Multiquip WT5C $233.74 $679.00 $1,395.00
N/A N/A N/A N/A
Kubota RTV400Ci $294.06 $746.46 $1,282.00
Rayco RG13/ BlueBird SG1314B $339.30 $1,282.00 $2,865.20
B-23
Required Statements
A. Stay Green will adhere to all federal laws and regulations, notwithstanding any state and
local laws and regulations.
B. Stay Green will allow all authorized federal, state, county, and City officials access to
place of work, books, documents, papers, fiscal records, payroll materials, and all other
relevant contract records pertinent to this project.
C. Stay Green will not discriminate against any employee or applicant for employment
pursuant to applicable law.
D. Stay Green shall comply with the California Labor Code and, if applicable, the Federal
Labor Standards Act and implementing regulations, Federal Prevailing Wage
Determinations and State of California Prevailing Wage Rates.
E. Stay Green understands we will be entering into a lease agreement with the City to utilize
a section of the City’s Corporate yard.
Martin Mckenna
Regional Manager
B-24
City of Rancho Palos Verdes
Request for Proposals
CITYWIDE LANDSCAPE MAINTENANCE
FY24/25 through FY29/30
Public Works Department
Attention: Juan Hernandez, PW Maintenance Superintendent
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310-544-5221 | Email: jhernandez@rpvca.gov
RFP Release Date: August 2,2024
Request for Clarification Deadline: August 12, 2024
RFQ Submittal Deadline: August 23, 2024
C-1
CITYWIDE LANDSCAPE MAINTENANCE
FY24/25 through FY29/30
The City of Rancho Palos Verdes is requesting proposals from qualified firms to
perform landscape maintenance services throughout the City.
All correspondence and questions regarding this RFP should be submitted via the
PlanetBids Portal to:
Planet Bids City of Rancho Palos Verdes
Website: https://pbsystem.planetbids.com/portal/48551/portal-home
To be considered for this project, submit an electronic copy of the quote via the
PlanetBids Portal by 4:30PM on August 23, 2024
C-2
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. General Scope of Services Page 5-8
V. Preliminary Project Schedule Page 9
VI. Necessary Qualifications and Submittal
Requirements
Page
9-11
VII. Submission of Proposal Page 11-12
VIII. Evaluation and Selection Process Page 12
IX. Attachments
Attachment A - Special Provisions
Attachment B – Expected Frequency Schedule
Attachment C – Sample Maintenance Services Agreement
Attachment D – Sample Schedule of Compensation – Routine
Maintenance
Attachment E – Sample Schedule of Compensation – Extraordinary
Maintenance
Attachment F – Sample Lease Agreement with the City
C-3
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal community, with a
population of approximately 42,000, located on the Palos Verdes Peninsula of southwestern Los
Angeles County.
The City is a contract city, meaning that some services are provided by contract with agencies (both
public and private) and some services are delivered by the City’s own employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under the Council -
Manager form of government since its incorporation in 1973. Policy -making and legislative authority are
vested in the governing City Council, which consists of five Council Members, including the Mayor and
Mayor Pro-Tem. The City is fiscally sound and functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to submit a proposal
for review by the City and, if selected, enter into an Agreement with the City for citywide landscaping
maintenance. Enclosed is a blank Agreement form for proposers’ review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified firms to provide landscaping maintenance and repairs
throughout the City's right of ways, parks, and trails, as well as other emergency response services as
needed.
III. PROJECT DESCRIPTION AND BACKGROUND
The City is accepting proposals from qualified firms to provide landscaping maintenance services
throughout the City's right of ways, parks, and trails. Additionally, the selected firm shall respond to
emergency requests by City staff. The City intends to enter into a multi-year agreement with one firm
to fulfill the City’s needs. The multi-year agreement will consist of an initial three-year term with two
additional optional one-year term extensions based on mutual consent. The multi-year agreement shall
include escalation of rates by request from the contractor on a yearly basis on or before March 1. based
on the Consumer Price Index (CPI) for Los Angeles-Long Beach-Anaheim CA for March, with a
maximum increase of 5%.
IV. GENERAL SCOPE OF SERVICES
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals. The
general items of work include the removal and abatement of weeds and noxious plants; shrub pruning;
application of herbicides; full tree trimming; tree canopy shaping and skirting of trees, shrubs, and
groundcover plants; control of plant pests and diseases; rodent/pest control; irrigation system
maintenance; servicing of trash receptacles; hard scape maintenance and general cleanup of City
parks, trails, rights-of-way including medians; and other related maintenance. This work is considered
routine maintenance and will be performed based on an agreed-upon monthly budget.
The scope of work shall also include extraordinary maintenance work, also known as on-call services,
including but not limited to overtime, special event work, emergency storm response and debris
removal, special event setup and breakdown, and special material and equipment procurement. This
work will be based on agreed-upon rates for labor, materials, and equipment.
Specific Scope of Work
C-4
The locations of work for routine maintenance, the general nature, extent, form and detail of the various
features are detailed below and in the accompanying specifications and will be made part of the
specifications for the final agreement.
1. The scope of services for Routine Maintenance shall include:
A. Maintenance Teams consisting of twenty general maintenance staffers, four tree
trimmers, and one Maintenance Superintendent that shall read, write, and speak English
shall:
o Maintain trees and landscaping on all city parks on the expected schedule outlined in
Attachment B and the Special Provisions.
o Maintain all landscaping in the median islands and parkways on City arterial and collector
roadways listed below.
o Maintaining all the City’s 56 bus stops, which includes 29 shelters and 56 trash
receptacles.
o Maintain City Scenic Lookout Points.
o Maintain City-owned trails, including but not limited to, those listed below.
o Remove trash from receptacles. It is estimated that the City has approximately 300 trash
receptacles citywide, of which approximately 56 are at City bus stops, and the remainder
are in parks and along trails.
o Possess all training, knowledge, and special skills required to perform maintenance and
repair services throughout the City right of ways, parks, scenic turnouts, and trails;
including areas accessible only by foot, in accordance with industry best practices and in
compliance with all safety standards.
o Furnish all necessary equipment and tools to perform the services. The equipment shall
include, at a minimum:
▪ All personal protective equipment and safety devices necessary to perform the
work in accordance with industry standards.
▪ Smartphones and tablets that can send and receive phone calls, text messages,
and emails and can connect to the City’s website and existing web -based work
order system, City Works.
o Possess all training, knowledge, and special skills to install any safety devices and follow
all safety practices; and install any traffic control that may be necessary based on the
work the Maintenance Crew is performing, in accordance with industry standards.
o Manage multiple assignments throughout the workday and perform all work in
accordance with industry best practices.
o Participate in the City web-based work order system by receiving work order requests,
inputting work orders, monitoring status, retrieving work orders, inputting before and after
photos, inputting summary and status reports, and closing-out work orders.
Work shall occur anywhere in the City and under varying weather conditions. The areas to be
maintained include, but are not limited to the following:
• Street Right of Ways
List of Arterials
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o Palos Verdes Drive East from Palos Verdes Drive North City Limit to Palos Verdes Drive
South
o Palos Verdes Drive South from 25th street to Hawthorne Boulevard
o Palos Verdes Drive West from Hawthorne Boulevard to Lunada Vista
o Hawthorne Boulevard from Palos Verdes Drive North city limit to Palos Verdes Drive West
o Crest Road from Crenshaw Boulevard to Hawthorne Boulevard
o Crenshaw Boulevard from Sea Crest Drive to Silver Spur Road city limit
o Western Avenue from Peninsula Verde Drive to Summerland Street city limit (State Right
of Way)
o Silver Spur Road from Drybank Drive to Kingspine Road
List of Collector Roads
o Indian Peak Road
o Ridgegate Drive
o Granvia Altamira
o Crestridge Road
o Highridge Road
o Silver Spur Inner Road
o Montemalaga Drive
o Ganado Drive
o Forrestal Drive
o Whitley Colins Drive
Following is a list of specific landscapes median locations:
o Palos Verdes Drive South west of La Rotonda Drive to Seacliff Drive (Two undeveloped
medians)
o Conqueror Drive to 4355 Palos Verdes Drive South developed frontage road (includes
frontage road east of Conqueror Drive)
o Conqueror Drive west to Schooner Drive (1 undeveloped median)
o Schooner Drive west to 4355 Palos Verdes Drive South (1 developed median)
o West of slide to Wayfarers Chapel (1 undeveloped median)
o Wayfarers Chapel west to Seacove Drive (1 undeveloped median)
o Seacove Drive west to Barkentine Road (1 undeveloped median)
o Barkentine Road west to Seahill Drive (2 semi developed medians with drip irrigation)
o Clipper Road to Seacove Drive (frontage road)
o Tramonto Drive west to Crestmont Lane (1 developed median with drip irrigation)
o Crestmont Lane to Hawthorne Boulevard (2 developed medians, 1 median with irrigated
trees)
o Palos Verdes Drive West to western City limits (4 undeveloped medians, 1 median with
irrigated trees)
o Hawthorne Boulevard – Palos Verdes Drive West to Via Capri (2 concrete medians)
o Via Capri to City Hall (2 concrete and bominite medians)
o City Hall to Vallon Drive (2 developed medians)
o Vallon Drive to Dupre Drive (2 developed medians)
o Dupre Dr to Crest Rd (4 developed medians)
o Crest Road from Hawthorne Boulevard to Crenshaw Boulevard (3 concrete medians, 3
developed medians, 4 mulched medians with trees)
o Crenshaw Boulevard – Crest Road to Del Cerro Park (2 center medians, includes side
landscaped areas)
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o Whitley Collins Road – Crest Road to Whitecliff (2 developed medians); Northbay Road
to Highridge Road (2 developed medians)
o Hawthorne Boulevard – Crest Road to Locklenna Lane (3 concrete medians)
o Locklenna Lane to Eddinghill Drive (3 concrete medians with Junipers and trees)
o Eddinghill Drive to Granvia Altamira (2 concrete medians with Junipers) includes approx.
25 Magnolia tree wells on the east side of the street.
o Granvia Altamira (includes parkway trees on both sides 2 developed medians)
o Hawthorne Boulevard – Granvia Altamira to Grayslake Road (1 concrete median,
includes developed frontage road on the west side and Magnolia tree wells on the east
side)
o Highridge Road (3 developed medians)
o Hawthorne Boulevard – Alvarez Drive to Grayslake Road (developed frontage road,
includes slope on frontage road) Grayslake Road to Shorewood Road (2 concrete
medians with Junipers and trees and developed frontage road)
o Hawthorne Boulevard – Shorewood Road to Indian Peak Road (2 concrete medians)
o Hawthorne Boulevard – Silver Spur to City limits (2 developed medians and Blackhorse
frontage)
o Silver Spur Road (3 developed medians)
o Montemalaga Drive (5 landscape medians and north frontage road)
o Crenshaw Boulevard – Southern City limit to Crest Road (2 center concrete medians)
o Palos Verdes Drive East – South to Sunnyside Ridge Road (cribwall)
o Palos Verdes Drive East – Mustang Road to Coach Road (cribwall)
o Palos Verdes Drive East – Across from Colt Road (tree wells)
o Western Avenue – Summerland Street to Crestwood Street (2 concrete medians)
o Western Avenue – Crestwood Street to Park Western Drive (2 concrete medians)
o Western Avenue – Park Western Drive to Trudie Drive (1 concrete median)
o Western Avenue – Trudie Drive to Caddington Drive (3 asphalt medians with shrubs and
trees)
o Western Avenue – Caddington Drive to Toscanini Drive (2 asphalt medians with shrubs
and trees)
o Western Avenue – Toscanini Drive to City limits (6 asphalt medians with shrubs and trees,
includes frontage road and planter at Redondela Drive and Avenida Aprenda)
o Palos Verdes Drive East – South of Calle Adventura to north of Vista Mesa Drive (frontage
road and entrance to Friendship Park)
o Palos Verdes Drive East – Calle Adventura east of Tarapaca Road
o Palos Verdes Drive East at Crest Road (2 developed medians)
o Palos Verdes Drive East at Ganado Drive (frontage median and Bouganvilla on wall)
• List of Scenic Lookout Points
o Vista Point Located at Calle Entradero
o Abalone Cove Point Palos Verdes Drive South
o San Ramona Point Palos Verdes Drive South
o San Pedro Scenic overlook Palos Verdes Drive East
o Switchbacks located on Palos Verdes Drive East
• List of City Parks
o Robert E. Ryan Park (11 acres)
o Fred Hesse Community Park (12 acres)
o Lower Hesse open space area (16 Acres)
o City Hall Civic Center (8.3 acres)
o Point Vicente Interpretive Center (9.6 acres)
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o Del Cerro Park (3.8 acres)
o Vanderlip Park (0.5 acres)
o Clovercliff Park (0.2 acres)
o Abalone Cove Shoreline Park and Lookout (46.8 acres)
o Eastview Park (9.2 acres)
o Ladera Linda Park (11.6 acres)
• Miscellaneous Areas/Trails
o Sacred Cove Trail
o Burma Trail
o CH North Spur Trail
o Salvation Army Trail
o North Alta Vista
o PVIC Trail
o Pirate Trail
o Rattle Snake Trail
o McBride trail
o Valley View storm inlet
o San Ramona storm inlet
o Via Colanita Storm Inlet
o Martingale open space (0.89 acres of Open space)
o Grandview open space (16.8 Acres of Open Space)
o Sunnyside Ridge open space (1.97 Acres of Open space)
Landscaping work shall conform to the provisions outlined in the attached Special Provisions, which
are included in Attachment A and based on the expected schedule outlined in Attachment B.
The routine maintenance scope of work shall also include addressing routine service requests. These
requests may include service to Right-of-way/Parks/Trails, full tree trimming requests that require aerial
equipment, debris removal service requests, vegetation trimming and clearing, and general
maintenance-related service requests based on the expected frequency outlined in Attachment B.
The City receives approximately 350 service requests per year for landscape/general maintenance,
which the service request team will address.
The City receives approximately 150 service requests per year for full tree trims that require aerial
equipment and tree-trimming-specific personnel.
2. The scope of services for Extraordinary Maintenance shall include, at a minimum,
o Address work as needed, when requested to do so.
o Rent equipment as determined by the City’s Maintenance Superintendent, the cost of
which shall be reimbursed by the City. The markup for subcontracted equipment shall not
exceed 13%.
o Respond to work requests after regularly scheduled time, anytime on weekends, anytime
on holidays, and on an urgent and emergency basis as needed by the City.
▪ Response for urgent work shall be within 24 hours.
▪ Response for emergency work shall be within 2 hours.
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The City will require the successful maintenance contractor to lease the area and a predetermined
building adjacent to City Hall and the City Corporation Yard (30940 Hawthorne Boulevard). This area
and buildings are designated for the purpose of housing equipment and being a base of operation for
landscape maintenance contractor. A copy of the draft lease agreement, which includes a map of the
proposed area, is included in Attachment F. The cost proposal shall include a monthly price of $10,075
to lease this area from the City. To clarify, the City will charge the contractor to lease this area, and the
contractor will then invoice this charge back to the City. This lease area is to be used only for work
associated with the City of Rancho Palos Verdes exclusively, and no other work shall be conducted
from this site for any other account and or contrac t. During the lease term, the Contractor will be
expected to reimburse the City/Landlord for the sum of $100 dollars per month of electrical charges
for the Contractor’s usage.
V. PRELIMINARY PROJECT SCHEDULE
A. Request for Proposal (RFP) Schedule
The following is the anticipated schedule for the RFP process:
RFP Available August 2, 2024
Request for Clarification Due August 12, 2024
Proposals Due August 23, 2024
Review of Proposals and Negotiations with Successful ContractorAugust 30, 2024
Anticipated Notice of Award September 17, 2024
B. Anticipated Project Schedule
It is anticipated that the services shall begin on October 1, 2024.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately describing the
qualifications of the firm. The final submittal shall be sent as a PDF to PlanetBids portal:
https://pbsystem.planetbids.com/portal/48551/portal-home
3. The proposing firm shall submit the following information with the package, including the
same information for subcontractors, if any, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the present staff
(size, classification, credentials); the primary contact’s name, phone number, and email
address; any qualifying statements or comments regarding the proposal; and
identification of any sub-Contractors and their responsibilities. Identify the firm’s type of
organization (individual, partnership, corporation), including names and contact
information for all officers and proof that the organization is currently in good standing.
b) Qualifications and Experience: State the proposed Maintenance Crew’s qualifications
and experience to perform the Scope of Services, including prior experience providing a
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similar scope of services within the past five years. Provide a minimum of three
references for local agencies or community associations where a similar scope of
services has been successfully completed within the past five years.
c) Introduction/Approach: In a brief narrative, describe the proposed solution by setting
forth the overall approach and plans to meet the requirements of this RFP. The intent of
this narrative is to convey to the City that the contractor understands the objective of the
requested service, the nature of the work, and the level of effort necessary to
successfully provide the defined services. The narrative must stipulate how the
contractor’s approach and plans to provide the services are appropriate to the tasks
involved. Provide general information about the contractor, including size of the
organization, location of offices, years in business, organizational chart, state of
incorporation, names of owners and principal parties, and a stateme nt of qualifications
for performing the requested services. Include a statement indicating what differentiates
your firm from other vendors.
d) Acceptance of Conditions: State the offering firm’s acceptance of all conditions listed in
the RFP document and Sample Agreement (Attachment A). Any exceptions or
suggested changes to the RFP or Agreement, including the suggested change, the
reasons therefore and the impact it may have on cost or other considerations on the
firm’s behalf must be stated. Unless specifically noted by the firm, the City will rely on
the proposal being in compliance with all aspects of the RFP and in agreement with all
provisions of the Agreement.
e) Project Team: Identify the project team, including proposed sub- contractors, and provide
brief resumes for key staff assigned to the engagement. Identify the geographic locations
of the vendor and key personnel.
f) Schedule of compensation and rates:
Routine Maintenance
Submit a schedule of compensation on the form in Exhibit X based on the specifications
outlined in this RFP. The City reserves the right to request scale -up or scale-down of
routine maintenance labor force in the final contract. All equipment, communication
devices, operating supplies, hand tools, and incidental materials shal l be included.
Submit an alternate schedule of compensation on the form in Exhibit Y based on not
utilizing chemical herbicides of any kind. In this particular schedule, the contractor is to
estimate the number of staff and hours needed to perform work without the help of said
industry-standard herbicides.
Unit price rates for typical materials needed to perform routine maintenance services
shall also be provided. The contractor shall procure non-listed items at no more than
thirteen percent (13%) markup with proof of purchase item.
Extraordinary Maintenance
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The proposal shall also include a list of labor, material, and equipment unit costs for
extraordinary maintenance, which will include the following at a minimum:
o Rates for all equipment necessary to perform the requested scope of services,
including, but not limited to, additional pickup trucks, flatbed trucks, water trucks,
Bobcat Skid steers, and specialty equipment. Submit a schedule of compensation on
the form in Exhibit Z based on the specifications outlined in this RFP.
o Hourly rates for all labor necessary to perform the requested services, including but
not limited to Hourly rates for all onsite staff.
o Materials needed to perform extraordinary maintenance services shall also be
provided. The contractor shall procure items at no more than thirteen percent (13%)
markup with proof of purchase item
o
g) Required Statements
a. A written statement by the contractor that all federal laws and regulations shall be
adhered to, notwithstanding any state or local laws and regulations.
b. A written statement by the contractor shall allow all authorized federal, state, county,
and City officials access to place of work, books, documents, papers, fiscal records,
payroll materials, and other relevant contract records pertinent to this project. All
relevant records shall be retained for at least four (4) years.
c. A written statement that the contractor will not discriminate against any employee or
applicant for employment pursuant to applicable law.
d. A written statement that the contractor shall comply with the California Labor Code
and, if applicable, the Federal Labor Standards Act and implementing regulations,
Federal Prevailing Wage Determinations and State of California Prevailing Wage
Rates.
e. A written acknowledgment that the contractor understands they will be entering into
a lease agreement with the City to utilize a section of the City’s Corporate yard.
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in writing prior
to 4:30 pm on August 12, 2024. Responses to any clarification question will be posted publicly
on the PlanetBids system as an amendment. It is highly recommended that prospective firms
visit the City to view the project locations prior to submitting a Request for Clarification.
B. Confirmation Email
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Upon submission of proposal to the City, the proposing firm shall request an email confirmation
that the proposal was received and retain the email as a record. If an email confirmation is not
received, the proposing firm shall correspond with the City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services - Understanding of the Scope of Services as
demonstrated by the thoroughness of the proposal, introduction of cost-saving or value-
addingstrategies or innovations, and an overall approach most likely to result in the
desired outcome for the city. 30%
b) Qualifications and Experience - Relevance of experience and qualifications of the firm, as
well as its staff. 30%
c) Cost Proposal/Schedule of Fees and Overall Quote - Proposed monthly
maintenance costs for maintenance of the right of way, parks and trails. In
addition, Hourly rates for the Lead Worker and for the Laborer, as well as a
unit price rate for each of the materials in the Scope of Services, shall be
provided for other services as needed. The cost proposal shall also include a
separate offer, in terms of a monthly lease, to lease the existing area near the
corporation yard from the City, for the term of the agreement. 40%
2. Award Notification
The City will notify all proposers in writing of the outcome of the selection process and intent
to award. This RFP does not commit the City to award an agreement nor pay any costs
incurred in the preparation and submission of the proposal in anticipation of an agreement.
The City reserves the right to reject any or all proposals, or any part thereof, to waive any
formalities or informalities and to award the agreement to the proposer deemed to be in the
best interest of the City.
3. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample City
agreement in (Attachment A) with the City, in a form approved by the City Attorney, to
perform the Scope of Services. This RFP and the resultant proposal, or any partthereof, may
be incorporated into and made a part of the final agreement; however,the City reserves the
right to negotiate further the terms and conditions of the agreement with the selected firm.
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ATTACHMENT A – Special Provisions
CITY PROJECT: CITYWIDE LANDSCAPE MAINTENANCE FOR FISCAL YEARS 2024/25-
2029/30.
1 - NOTICE TO PROCEED
Upon award of this contract and signing the contract documents, the City shall issue the
Contractor a Notice to Proceed. The contract period shall commence on the date in the Notice
to Proceed. Working days are defined as Monday through Friday, with the exception that no
work may take place on the following City holidays or designated observed days by the City :
▪ Memorial Day
▪ Independence Day
▪ Labor Day
▪ Thanksgiving Day
▪ Day after Thanksgiving Day
▪ Christmas Eve
▪ Christmas Day
In addition, no work will be allowed on any special election day which may be declared. .
The City will not authorize any work to be done under these Specifications before the contract
agreement has been fully executed, and any work that is done by the contractor in advance of
such time shall be considered as being done at Contractor's own risk and responsibility, and as
a consequence will be subject to rejection by not having been done in the presence of the
Director of Public Works or Inspector as provided in Section 2-10 of the Standard Specifications.
In the event that the Director of Public Works shall be of the opinion that the work is being
inadequately or improperly executed in any respect, he/she may demand that the Contractor
improve or change the execution of the work in such manner as to assure proper and timely
completion.
2 - UTILITIES
It is anticipated that existing utilities will not interfere with the Contractor's operations. However,
the Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations. The Contractor may need to notify the following utility companies prior to
the beginning of any excavation work:
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AGENCY TELEPHONE NUMBER
City of Rancho Palos Verdes (310) 544-5252
Southern California Edison Co. (800) 655-4555Southern
California Gas Co. (800) 427-2200
Verizon 908-559-2001
California Water Service Co. (888) 598-9824
Cox Communications 1-800-234-3993
County of Los Angeles, Dept. of Public Works (storm drain) (626) 458-4152
County of Los Angeles, Dept. of Public Works (sewer) (626) 458-5100
Sanitation District of Los Angeles County
3 - STREET CLOSURES
(562) 699-7411
No closure of any street shall be allowed unless prior written permission is obtained from the
Director of Public Works. If permission to close a street is granted then the Contractor is required
to notify in writing at least four (4) working days in advance of street closures, all emergency
services, public transportation services, garbage collections services, and school bus services,
and other agencies as determined by Department of Public Works shall be notified by the
contractor in writing of the locations, time and date of the closures. In case of schedule changes,
the emergency services, etc., shall be notified by telephone at least two (2) days in advance of
the street closure.
For construction in the vicinity of a school, the Contractor shall contact the Los Angeles School
District, obtain a school schedule, and school circulation plan and incorporate information into
the project's schedule and traffic control.
AGENCY TELEPHONE NUMBER
Peninsula Fire Department #106 (310) 377-9523
Los Angeles County Sheriff's Department (310) 539-1661
MTA (bus) (213) 626-4455
LA County Fire Department (323) 881-2411
Los Angeles School District (213) 241-1000
PV Transit (310) 544-7108
Peninsula Dial-A-Ride (310) 544-7108
Postmaster (310) 541-0624
EDCO Waste (310) 540-2977
Palos Verdes Unified School District (310) 378-9966
4 - PUBLIC CONVENIENCE AND SAFETY
General :Public convenience and traffic control shall
conform to Section 7-10 of the Standard Specifications for Public Works
Construction, the California MUTCD and the MUTCD California
Supplement, latest edition, except as modified by these Special Provisions.
Warning and Protection Devices: The Contractor will be responsible for
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providing, placing and maintaining approved signs, barricades, pedestals,
flashers, delineators, fences, barriers, non-skid steel trench plates,
temporary asphalt concrete and flagmen where needed, and other
necessary facilities in the vicinity of the construction area and where any
dangerous conditions may be encountered as a result thereof, for the
protection of the motoring public per the traffic control plans. The Contractor
will not be allowed to proceed with the work until such time that a sufficient
number of these protection devices have been delivered to the project site.
Where parked vehicles are likely to interfere with the proposed work, the
Contractor will supply and post at no less than 200 feet intervals on each
side of the street “Temporary No Parking” signs 72 hours before the start
of construction and to report the time of posting to the Sheriff’s Station for
the purpose of establishing “Tow Away” provisions. The Contractor shall
be responsible for the removal of the temporary signs upon the completion
of the work. Should the Contractor appear neglectful in furnishing warning
and protection devices as outlined above, the Director of Public Works may
direct attention to the existence of a hazard and the necessity of additional
or different measures, which shall be furnished and installed by the
Contractor at Contractor’s own expense, free of any cost to the City. Should
the Contractor refuse or fail to act in a timely manner to correct a hazardous
condition, the Director of Public Works may direct City forces to provide the
necessary protective and warning devices as deemed appropriate by the
Director of Public Works or his authorized representative.
The cost accrued by the City in connection therewith will be deducted from
the Contractor’s contract payment. Any action or inaction on the part of the
City in directing attention to the inadequacy of warning and protective
measures or in providing additional protective and warning devices shall
not relieve the Contractor from responsibility for public safety or abrogate
Contractor’s obligation to furnish and pay for these devices.
Should the Contractor fail to pick up signs either after the work has been
performed, or after the Contractor has failed to meet the schedule, the
Contractor shall be charged a penalty of $100 per sign left in the public right
of way. Said monies will be deducted from any monies due or to become
due to the Contractor.
The Contractor shall be responsible for adequate barricading of the work
area and controlling of traffic in the vicinity of the projects as specified in
Subsection 7-10, Public Convenience and Safety, or as directed by the
Director of Public Works or his authorized representative. When necessary
to provide vehicular or pedestrian crossings over the fresh pavement, the
Director of Public Works or his authorized representative may direct the
The contractor to spread sufficient sand or rock dust on the affected area to
eliminate tracking. Sand or rock dust used for this purpose shall be at the
Contractor’s expense.
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Traffic Control: No traffic control plan is needed for residential streets. Traffic
control implementation shall follow the requirements of Section 7 -10 of the
Standard Specifications and the referenced Caltrans manual and the
California MUTCD, latest edition.
No street closure shall be allowed without advanced written approval from
the Engineer. The Contractor shall maintain through traffic at all
times unless approved by the Director of Public Works, or his
representative. Flaggers with hand-held communication devices, proper
safety vests and signage shall be required at all times wherever the
useable roadway does not allow at least a 20’ width, for two-way traffic, to
ensure for the safe passage of motorists at all times, via alternating one-way traffic. Continuous
driveway access shall be required at all times,
excepted when specific written permission is provided to do otherwise.
Lane closures on arterial and collector roads shall be limited to 9am3pm unless express written
permission otherwise is obtained from
the Director of Public Works or his authorized representative.
Allowable working hours in residential streets shall be between the hours
of 8:00 a.m. and 5:00 p.m. Variations from these working hours and lane
closure restrictions will only be allowed if specifically provided in writing by
the City and MAY allow for the option of longer working hours.
All necessary traffic control devices shall be in place prior to the start of
work. The Contractor shall field check all temporary traffic control signs,
barricades and other devices to ensure their continuous proper
maintenance and conformance to the plans and specifications (including
weekends and holidays).
The Contractor shall so conduct his operations as to offer the least possible
obstruction and inconvenience to public traffic. Every effort shall be made
to provide a clear and unobstructed view of all traffic control signs, signals,
or markers. Existing signs shall be covered when directed by the Engineer.
When construction signs are not in effect, they shall be removed, covered,
or relocated out of the driver’s view. Construction signing shall be in place
prior to the beginning of any workday.
The order of work and phasing requirements, except where otherwise
specifically required by the plans and specifications, shall be determined
by the Contractor who shall be solely responsible for coordinating all
subcontract and prime contract work to minimize delays during
construction.The Contractor shall maintain access for emergency vehicles at all times
on all streets. All traffic control layouts and work sequence instructions
shall be developed to account for continuous emergency vehicles access
and driveway access.
There shall be a minimum of 5’ clearance from open excavations and 2’
from other obstructions (curbs, k-rail, etc) for the motoring public. All lanes
shall be open to traffic during non-working / “non-lane restriction” hours.
No street restrictions shall be allowed without advanced written approval
from the Engineer. Certified flaggers with hand-held communication
devices, proper safety vests and signage shall be required at all times
wherever the useable roadway is restricted, to ensure for the safe passage
of motorists at all times. Certified flaggers are required where travel lanes
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in each direction cannot be maintained.
The Contractor shall be required to provide and maintain all necessary
flaggers, barricades, delineators, signs, flashers, and any other safety
equipment as set forth in the latest publication of the California MUTCD, or
as required by the Engineer to insure safe passage of traffic. Impacts to the
right of way that remain overnight shall incorporate appropriate flashers for
barricades and reflective delineators.Flasher equipped barricades and other barriers left in
operation beyond the normal
work hours as prescribed, shall be solar/battery powered only.
The Contractor shall provide written notification to all public services
including, but not limited to, the LA County Sherriff / Dispatch, LA County
Fire Department, Public Works Department (City Engineer), UWS (trash
pickup), California Water Service Company and Los Angeles County
Sanitation District.
Failure or refusal by the Contractor to comply with the requirements of this
section shall be sufficient cause for the City to order the work done by City
forces and all costs thereof to be borne by the Contractor.
Continuous driveway access shall be required at all times, excepted when
specific written permission is provided to do otherwise. The City will enforce
the work hours and continuous driveway access requirements of this
section. In order to ensure compliance, an assessment of $250 for every
15 minutes of non-compliance or portion thereof will be deducted from the
Contractor’s payment for non-compliance. No assessment will be made for
emergency work, i.e. broken water line repair, gas leak repair or similar
emergency work as directed by the Engineer. This assessment shall be
deducted from the amount due the Contractor on this project.
If the Contractor is found to be negligent in furnishing warning and
protective measures as detailed above, the City may direct the Contractor’s
attention to the hazard and it shall be the Contractor’s responsibility to
furnish and install the necessary warning and protective measures at
his/her expense. Should the City point out the inadequacy of warning and
protective measures, such action on the part of the City shall not relieve
the Contractor from responsibility for public safety or abrogate its obligation
to furnish and pay for these devices.
PAYMENT: Payment for traffic control on arterial and collector streets shall
be paid under the bid item for that work, and no additional payment shall
be allowed therefor.
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5 - SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workmen on the job shall be provided, when
necessary, and maintained in an approved manner by the Contractor, properly secluded from
public observation and in compliance with health ordinances and laws, and thei r use shall be
strictly enforced by the Contractor. Any workman who fails to use the sanitary facilities as
intended shall be removed from the project site permanently at the sole discretion of the
Engineer.
6 – MAINTENANCE YARD
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment
needed, and such sites, either located on public or private property, must be approved in
advance by the Director of Public Works or his authorized representative. The City requires the
Contractor to lease and use a portion of the City's corporate yard as its main maintenance yard
and base of operations. When permission is given to use a city site, the Contractor shall repair
any damage as a result of its operations, and any repairs will restore the site to new and non -
pre-existing conditions. The City expects the contractor to remove green waste from work sites
daily. The Contractor may bring all green waste to the designated waste site immediately
adjacent to the leased area in the city corporate yard. Green waste is required to then be
disposed of in designated green waste bins either manually or with equipment. This site's general
cleanliness shall be the contractor's responsibility as determined by the Director of Public Works
and/or his representative.
When storage sites are to be located upon private property, the Contractor shall submit to the
Director of Public Works or his authorized representative, written approval from the record owner
authorizing the use of the property by the Contractor. The Contractor shall contact the
appropriate City Planning Department to determine if the using the site as a stockpile area is
allowed. After the project is complete, the Contractor shall supply a written release signed by
the owner of record that said property has been satisfactorily restored in order to provide
assurance to the City that no later property owner claims will be filed by residents whose property
has allegedly damaged by the Contractor and not repaired to their satisfaction. The City will
provide the Contractor with a sample release form upon request.
7 - EQUIPMENT AND TOOLS REQUIREMENTS
The contractor shall furnish all equipment and tools required to safely complete the work and
avoid, if possible, conducting any on-site maintenance or repair of said equipment. Necessary
minor maintenance may be conducted on-site; however, all maintenance and/or repairs shall be
completed Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. All oil changes
and fluid exchange of vehicles shall be conducted away from the City property. Fueling and
minor maintenance shall be in compliance with the City’s NPDES requirements.
All equipment and tools shall be in good repair. Equipment from which leaks of oil, hydraulic
fluids, coolant, etc., are observed shall be removed from service until the necessary repairs have
been completed.
C-18
Upon issuance of the Notice to Proceed, the Contractor shall submit a list of vehicles and
equipment used, including license plate numbers for said vehicles, in completing the work
described in the project scope. All equipment shall be newer when available, and in proper
working order. Additionally, assigned vehicles to the city shall be equipped with global
positioning satellite (GPS) tracking software. The City reserves the right to audit vehicle activity
reports and request spot check verification. At no time shall the contractor allow for insufficient
equipment or tools. If assigned equipment is in disrepair or out of service, the contractor shall
provide an alternative piece of equipment like for like within 48 hours at no additional cost to the
city. All equipment used by the Contractor in the performance of the work shall be subject to
inspection and rejection by the City.
8 - PRESERVATION OF PROPERTY
Existing improvements in areas adjoining the locations whereon maintenance activities are being
performed shall be protected from injury or damage resulting from operations of the Contractor.
In like manner any building, structure, tree, shrub, or other item in the vicinity of the Contractor's
operation, shall be similarly protected and preserved. Vegetation cleared during site preparation
shall become the property of the Contractor and shall be removed from the area unless otherwise
directed by the Director of Public Works.
9 - NPDES COMPLIANCE/WATER POLLUTION CONTROL
Water pollution control shall consist of complying with all laws and regulations related to
stormwater and complying with the Contract Documents, and orders of the Director of Public
Works or his authorized representative. Said work is intended to provided prevention, control
and abatement of water pollution to streams, oceans and other bodies of water. Full
compensation for conforming to the requirements in this entire section shall be considered as
included in the prices paid for the various contract items of work, and no additional compensation
will be allowed therefore.
Housekeeping/Cleanup: The Contractor shall prevent pollution of stormwater from cleanup and
disposal operations by using best management practices and good housekeeping methods.
When fluids or dry materials spill, cleanup should be immediate, thorough, and routine. The
Contractor shall never attempt to “wash them away” with water, or bury them. The Contractor
shall report significant spills to the appropriate spill response agencies immediately. The
Contractor shall recognize that different types of materials have different disposal requirements
and follow appropriate practices. The Contractor shall confine non-hazardous debris to
dumpsters, covered at night or during wet weather, and taken to a landfill for recycling or
disposal. The Contractor shall handle hazardous debris in accordance with specific laws and
regulations and dispose of as a hazardous waste. A separate permit is required. Common
hazardous debris found on construction sites are: (Liquid residues from paints, thinner s,
solvents, glues, and cleaning fluids. Leaching agents form lumber such as formaldehyde,
arsenic, copper, creosote and chromium, motor oil, gear oil, antifreeze fluids, brake fluids, etc.,
unused pesticides.)
Sanitary Waste Management: The Contractor shall prevent the discharge of sanitary waste to
storm water by providing convenient, properly located, well maintained facilities. The Contractor
shall hire a licensed portable sanitary facility leasing company which will clean the facilities
C-19
regularly and keep them in good working order. The Contractor shall make sure that portable
sanitary facilities are located on relatively level ground away from traffic areas, drainage courses,
and storm drain courses, and storm drain inlets. The Contractor shall regularly inspect the
facilities for any leaks, and have defective units replaced.
Vehicle and Equipment Management: The Contractor shall use and maintain construction
vehicles and equipment in a manner that prevent leaks and spills of fluids, contains wash waters,
and controls off-site tracking. The Contractor shall not allow leaking vehicles and equipment on-
site and shall inspect equipment and vehicles frequently for leaks and repair them immediately.
The Contractor shall clean up spills and leaks promptly with absorbent materials, and shall not
flush with water.
The Contractor shall fuel, maintain, and repair vehicles and equipment off -site whenever
possible, and on-site only in designated areas. The Contractor shall prevent run -on and run-off
from designated areas, provide containment devices and cover if necessa ry.
The Contractor shall wash vehicles and equipment off-site in designated, contained areas, in
accordance with all applicable laws and regulations. The Contractor shall use phosphate -free,
biodegradable soaps, and steam clean in confined areas only.
When not in use, the Contractor shall store equipment and vehicles in designated contained
areas and place drip pans and absorbent material under stored equipment that is prone to
leaking and dripping. All oil changes and fluid exchange of vehicles shall be conducted away
from City property. Fueling and minor maintenance shall be in compliance with the City’s NPDES
requirements. All equipment shall be in good repair. Equipment from which leaks of oil, hydraulic
fluids, coolant, etc., are observed shall be removed from service until the necessary repairs have
been completed.
If a fluid spill occurs on City property or in the public right of way, the Contractor must collect the
spilled fluid and dispose of it in accordance with all applicable laws and regulations. The
Contractor shall collect all spent fluids, store them in separate containers, and dispose of them
away from City properties in accordance with all applicable laws and regulations.
Surface and Subsurface Water Control: The Contractor shall prevent the discharge of
pollutants to stormwater from surface and subsurface waters in accordance with all applicable
laws and regulations.
For surface water control operations where the flow is routed to bypass the construction area,
establish stable (erosion-resistant) conveyance routes for the diverted flow. Trap any significant
sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering berm, or basin.
In subsurface pumping or other subsurface water control operations where significant amounts
of sediment (e.g., mud) are present in the removed water, capture the sediment in a sediment
trap, filtering berm, or basin.
If a sediment trap or basin is required for the surface or subsurface water control operations, the
facility should be designed such that the sediment is settled or trapped in the facility prior to
discharging of the water.
C-20
In areas suspected of groundwater pollution, sample the groundwater near the
excavation/pumping site and have the water tested for known or suspected pollutants at a
certified laboratory.
Any proposed discharge of groundwater may be subject to requirements of the Regional Water
Quality Control Board if water is discharged to groundwater or land.
Full compensation for conforming to the requirements in this section shall be considered as
included in the prices paid for the various contract items of work, and no additional compensation
will be allowed therefore.
10 - SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor, his employees, his subcontractors and their employees shall promptly and fully
comply with all applicable laws and regulations related to safety, sanitary and medical
requirements; and be in compliance with the requirements of any regulatory bodies with
jurisdiction. In case any such regulations and orders are not observed by the Contractor, they
may be enforced by the Director of Public Works at the Contractor's expense.
11 - ELECTRICAL POWER
For all field operations, unless otherwise provided in these Special Provisions, the Contractor
shall provide, at his own expense, all necessary electrical power required for his operations
under the contract. The contractor shall reimburse the City $100 dollars per month for electrical
costs associated with corporate yard operations.
12 - PROTECTION OF UNDERGROUND FACILITIES
The Contractor shall take steps to ascertain the exact location of all underground facilities prior
to doing work that may damage such facilities or interfere with their service. If the Contractor
discovers underground facilities not indicated on the Plans or in these Special Provisions, he
shall immediately give the Director of Public Works written notification of the existence of such
facilities. Such facilities shall be protected from damage as directed by the Director of Public
Works and the Contractor will be paid for such work as extra work.
13 - AIR POLLUTION CONTROL
The Contractor shall comply with all air pollution control rules, regulations, ordinances and
statutes which apply to any work performed pursuant to the contract, including any air pollution
control rules, regulations, ordinances and statutes specified in Section 11017 of the Government
Code.
In the absence of any applicable air pollution control rules, regulations, ordinances or statutes
governing solvents, all solvents including, but not limited to the solvent portions of paints,
thinners, curing compounds, and liquid asphalt used on the project shall comply with the
applicable material requirements of the County Air Pollution Control District. All containers of
C-21
paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents
fully comply with said requirements.
14 - PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work area. The Contractor shall clean
all areas dirtied by maintenance operations at the end of maintenance activities or at the end of
the workday, whichever occurs first.
In any area visible to the public, the following shall apply: When practicable, broken concrete
and debris developed shall be disposed of concurrently with its removal. If stockpiling is required,
the material shall be placed in an area which does not impact public or private landscaping or
irrigation and the material shall be removed or disposed of daily.
Should the Contractor appear to be neglectful or negligent in maintaining a clean project site,
the Director of Public Works may direct the Contractor’s attention to the existence of such
condition(s). The Contractor shall provide all necessary measures immediately, at his expense.
If attention is directed to the existence of such condition(s), and the Contractor fails to provide
an appropriate remedy, any expense incurred by the City for providing correcting actions may
be deducted from the pay estimates and the total contr act price for the work, including a One
Thousand Dollar ($1,000) penalty per calendar day the condition(s) exist from date of notification.
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.
15 - WORK HOURS
The Contractor's working hours shall start at 7:00 a.m., Monday through Friday, and shall be a
total of 8hours of work. Deviation from normal working hours will not be allowed without the prior
consent of the Director of Public Works and or his representative. If work is permitted after
sunset, the Contractor shall provide, at its expense, adequate light for proper prosecution of the
work for the safety of the workmen and the public, and for proper inspection.
16 – CONTROL METHODS
All vegetation control methods shall conform to the California Department of Food & Agriculture
laws and regulations. In addition to spraying operations, the Contractor shall be responsible to
manually trim or hedge weeds that are 3” or greater in height. Manual operations shall be
included in the cost proposal for routine maintenance.
All spray tanks shall be closed systems. No restricted chemicals shall be permitted.
Contractor shall be required to submit a written recommendation (from a State licensed Pest
Control Advisor) prior to the commencement of the application of chemicals. The Contractor
shall be responsible for completing and filing monthly usage reports to the State.
C-22
All pesticide and herbicide applicators shall be properly licensed by the State.
Roundup/Glyphosate shall not be used on any surfaces where human or pet contact is likely .
Including but not limited to Parks, walking trails, and pedestrian accessible right of way.
All vegetation growing within the boundaries of the work locations including the cracks and joints
of all hardscapes shall be controlled.
17- TREE MAINTENANCE AND TRIMMING
a) Height: The Contractor is responsible for trimming trees in the City parks and in the public
right of way under routine maintenance. Lower branches of trees shall be removed to meet
height requirements of sixteen (16) feet in the roadway and eight (8) feet over sidewalks
except as directed by the city staff. The contractor field representative may be instructed by a
City staff member prior to trimming trees.
b) Specifications: All pruning and staking shall conform to International Society of Arborists
(ISA) standards and specific directions by the City’s staff arborist. The Contractor shall not top
any tree unless specifically directed by the City staff.
c) Trimming: Trees shall be trimmed at appropriate times of the year based on the species of
the tree and the needs of the City.
d) Fallen Trees: All small to medium trees fallen by any cause shall be re-staked, guy-wired, or
removed within 24 hours of self-discovery or notifications by the City’s staff arborist. Large
trees that are downed are to be reported to City staff immediately upon discovery so staff can
coordinate with the City’s Landscape contractor or tree services contractor.
e) Staking: Regular inspections of tree stakes, but at least one time per quarter. Tree stakes
that are loose or broken are to be replaced upon discovery. Tree stakes are to be removed by
the contractor when trees can support themselves. Any trees damaged due to stakes, ties or
braces will replaced by the contractor at no additional cost to the City.
i. Trees will be staked per ISA standard specifications using two (2) stakes per tree, and
the stakes shall be pentachlorophenol-treated lodge pole pine. Stakes shall be placed
vertically 8–10-inches from the tree trunk and shall not rub against any part of the tree
during windy conditions.
ii. Trees shall be tied per industry-standard specifications using materials and methods
approved by the City’s staff.
iii. Ties will be checked frequently, retied, or removed to prevent girdling.
f) Minor trimming: Trees shall be trimmed as needed to prevent obstruction of walkways,
sidewalks, signs, or other public improvements. Trees shall be maintained a minimum of 8’
above walkways and 16’ above roadways under routine maintenance.
g) Hazardous Conditions: Trees shall be inspected regularly for hazardous conditions, i.e.
cracked or splitting leaders, heaving roots, hanging branches, etc... Corrective action shall be
performed by the Contractor and the City shall be notified immediately upon discovery. Fallen
branches on slopes 6 inches in diameter or less will be removed by the landscape contractor
upon discovery or as notified by the City. The City is to be notified upon discovery of any
C-23
branches that are greater than 6 inches so work can be coordinated with the landscape
contractor or tree services contractor.
h) Tree Wells: Maintain a 24-inches tree well around all trees to avoid damage to trees from
weed eaters, etc. Tree wells are to be maintained weed-free; no chemical edging is permitted
in tree wells.
The Contractor shall be required to remove all tree suckers and to skirt trees (lower 16’) to
maintain sight clearance for pedestrian and vehicle traffic. Contractor shall also be required to
replace and/or remove damaged, leaning or unnecessary tree stakes. Cost for tree maintenance
shall be included in the agreed price for routine maintenance.
18 – SHRUB MAINTENANCE
Contractor shall maintain shrub heights and growth patterns to within planter and median
confines. Shrub height will be maintained to provide vehicle sight distances and legibility of traffic
signage. All shrubs shall be fertilized in accordance with the minimum frequency schedules.
19– IRRIGATION SYSTEM MAINTENANCE
Contractor shall be required to maintain all irrigation system components from the service meter
for the landscape areas. The irrigation system shall be field tested once per week and all water
cycles and start times shall be controlled to provide adequate water for the needs of the plant
material and to minimize overspray onto surrounding pavement. All damage to the irrigation
system shall be reported to the City on a weekly basis and repairs are to be completed within 24
hours. The contractor shall be responsible for any damage resulting from their maintenance, and
no additional compensation shall be provided. The City will reimburse the Contractor for all
damage due to vandalism, traffic accidents.
Manual irrigation and hand watering shall be required as needed by the Contractor to maintain
the health and vigor of the plant material. Manual irrigation shall be included as part of the Scope
of Work and no additional compensation shall be provided to the Contractor.
20 – LITTER REMOVAL
The Contractor shall be required to remove all litter, trash, and debris from all work locations at
city parks, right of way, and location at all times.
21 – PLANTER MAINTENANCE
The Contractor shall be required to maintain all planters and medians in accordance with the
Minimum Frequency Schedules. At no time shall the Contractor allow the plants to grow to
impede vehicle and/or pedestrian sight clearances. Plants and shrubs shall be pruned to
maintain a natural appearance or be restricted to the size of the planter. All groundcover plants
shall be neatly trimmed along the edge of the curb face.
C-24
Planters shall be kept weed-free at all times. Excess leaves and pine needles shall be removed
as needed to provide a neat appearance. At the end of the blooming cycle all flowering plants
shall be “dead headed” to remove spent blossoms and flowers. As needed or directed by the
City, dichotomized shrubs shall be split to reduce them in size. Plants that have been split may
be required to be replanted in a new location. The cost for replanting due to lack of routine
maintenance shall be included in the agreed -upon price for routine maintenance, and no
additional compensation shall be provided to the Contractor.
22 – NATIVE AREAS
All native medians shall be routinely trimmed to maintain grasses and native plants. Borders
shall be cleared a minimum of 20” from the curb or as directed by the City.
23 - MAINTENANCE METHODS
The Contractor shall be responsible to be familiar for the location of all work areas, become
familiar with the irrigation systems and plant requirements.
24 – MEASUREMENT AND PAYMENT
Payment shall be made to the Contractor on a monthly basis for all work performed to the
satisfaction of the Maintenance Superintendent within 45 days of a complete and accurate
invoice by the Contractor. The Contractor shall be required to provide one monthly invoice for
all work performed, with locations and costs for each location listed separately as shall be shown
in the Contractor’s proposed fee schedule. All requests for payment of Damage/Repair or Extra
Work must be accompanied by the City’s written authorization for such services. All work not
billed to the City within thirty (30) days of completion by the Contractor shall be subject to non -
payment by the City.
Payment Withheld/deducted.
The City may withhold and/or deduct payment to such extent as may be necessary to protect
the City from loss due to:
a) Work required in the specifications which is defective, incomplete or not performed.
b) Claims filed or reasonable evidence indicating probable filing of claims for damages
caused by the Contractor to private or public property.
c) Failure of the Contractor to make payments properly to employees, subcontractors or
vendors for materials or services provided.
d) Expenses incurred by the City to perform work required in the specifications that is
defective, incomplete or not performed.
e) Failure to participate in and respond to the scheduled maintenance inspections.
f) Costs incurred by the City due to extra administrative costs for additional inspection
and subsequent correspondence/notifications.
g) Failure to submit weekly /month work status reports in a form approved by the city .
These actions shall not be construed a penalty but as an adjustment of payment to the
Contractor for only the work actually performed, or at the cost of the City for inspections and
other related costs from the failure of the Contractor to complete the work according to contract
C-25
documents. $250 per day shall be deducted from monthly payments for every day that reports
and schedules are not submitted to the City.
25 – INSPECTIONS
The inspection and administration of the contract work will be made by the City staff and the
Maintenance Superintendent reporting to the Director of Public Works.
Any and all questions arising regarding the performance of the work shall be directed to City staff If
the question cannot be answered, or if the answer is unacceptable, it will be referred by to the
Maintenance Superintendent.
The Contractor shall accompany City staff , on an inspection tour of all areas of responsibility as needed
each month, whereupon any maintenance deficiencies will be noted. All deficiencies noted on this
report are required to be corrected prior to the next inspection. Additionally, the Contractor shall
accompany City staff or the Maintenance Superintendent on inspection tours at the request of the
Director of Public Works
All deficiency notices and calculations of payment deductions shall originate with the Inspector and be
authorized by the Maintenance Superintendent.
26 – SUPERVISION BY THE CONTRACTOR
The Contractor shall give efficient supervision to the work, using his best skill and attention and shall
provide and keep the work site at all times during its progress a competent crew leader/foremen and
any necessary assistants. All directions of the Inspector or authorized representative shall be received
and obeyed by the crew leader / foreman in charge of the particular work; and all such directions given
shall be as binding as if given to or by the Contractor in person. The Contractor’s crew leader / foreman
shall be English-speaking and shall report to the Maintenance Superintendent each morning (Monday
through Friday) between the hours of 7:30 a.m. and 8:30 a.m. to receive any special instruction or to
address any maintenance concerns.
27 - SAFETY
The contractor shall be responsible for providing a safe workplace and for compliance with all applicable
laws, standards, and regulations of any agency with jurisdiction; including but not limited to the
California Occupational Safety and Health Act (Cal OSHA), Federal Occupation and Safety Health Act
(OSHA), California Division of Industrial Safety Orders (CDIS). A City-approved traffic control plan shall
be completed by the contractor for all work performed in medians or on roadways. No work shall be
performed without traffic control devices in place. The City standard is the California Manual for Uniform
Traffic Control Devices and the State of California Department of Transportation (Cal -Trans) Traffic
Manual, commonly referred to as the WATCH Manual. The contractor shall make every effort to keep
driveways open during working hours.
28 - TIMING REQUIREMENTS
C-26
The contractor will be required to complete landscape maintenance services as scheduled. This
includes issued service requests tickets via the city's City Works service request tracking system. The
contractor is responsible for entering service request details electronically and closing out service
request tickets daily. At no time shall a vendor fail to perform their contractual duties. Failure to perform
maintenance will constitute a breach of contract and the contract will be terminated in thirty (30) days
with an issuance of Notice to Terminate. No compensation will be made for non-performance. Working
hours commence at 7:30 a.m. and cease at 3:30 p.m., Monday through Friday, unless otherwise
directed by City staff.
29 - EMERGENCY NUMBERS AND CALLOUTS
The contractor shall have the capability to receive and respond immediately to calls of an emergency
nature during normal working hours. Outside of established working hours, calls of an emergency
nature received by the City may be referred to the contractor for immediate disposition. The contractor
shall supply the City with names and phone numbers of responsible persons representing the contractor
for emergency response.
30 - LICENSE AND PERMIT REQUIREMENTS
Contractor shall possess and maintain the following during the term of the contract:
a. C-27 Landscape Contractors License and C-49 Tree California contractor’s license.
b. Pest Control Applicator’s license, (QAL) from the Dept. of Pesticide Regulations, (DPR), State
of California. Note: Contractor shall also obtain all local agency pest control licenses/permits as
required.
c. City Business License and a City-issued Right of Way Encroachment permit.
Contractor shall also possess and maintain any other licenses and permits required by law or regulation
of any agency with jurisdiction.
31 - DRESS CODE AND APPEARANCE
The contractor shall be required to provide uniforms for personnel assigned to the City. Sufficient
quantities of uniforms shall be provided to present a neat and clean appearance for the maintenance
personnel at all times. Contractor personnel shall wear uniforms with the Company name at all times.
Vehicles will be clean, neat in appearance and have the company’s logo and information displayed
prominently. All of the contractors’ vehicles while working in the City will display a sign in a prominent
location that states, “Under Contract with the City of Rancho Palos Verdes.”
31 – MINIMUM LANDSCAPING STANDARDS
All landscaping improvements shall conform to Section 800 and Section 801 of the Standard
Specifications for Public Works Construction. All mowing and trimming in the Public Right of Way
shall conform to Caltrans Maintenance Standards (Chapter 4, Section 20 of Caltrans Construction
Manual).
C-27
32 – TURF MAINTENANCE
Roundup/Glyphosate shall not be used on any surfaces where human or pet contact is likely.
Including but not limited to Parks, walking trails, and pedestrian-accessible right of way.
Contractor Shall:
• Mow scheduled once weekly.
o Maximum mowing heights (may be modified in future):
▪ *2-3" during cool season (daytime highs consistently below 75°F)
▪ *3-4" during warm season (daytime highs consistently above 75°F)
• Mow additionally for (3) Special Events or City requests at each park site that are in addition to
the standard weekly mowing. City will provide Contractor at least 1 week in advance of each
of these requested additional mowing days.
• Edge of all turf perimeters shall occur weekly.
o Herbicides shall not be used as a means of providing edging.
• Maintain full turf coverage.
• Keep turf weed free.
• Bare areas shall be scarified, seeded and top dressed when observed.
• Remediate safety hazards, such as holes or ruts in turf areas immediately. Fill with 50/50 soil,
firmly hand tamper, and feather into existing grades. Over seed with approved seed mix.
• Remove and/or mulch in place all visible grass clippings after each mowing is complete.
• Aerate and fertilize twice annually. First aeration shall occur by the end of May, and the second
aeration shall occur by the end of October.
• Fertilize at the recommendations provided within the agronomic soils test.
• Inspect thatch layer regularly and remove to the satisfaction of the Maintenance
Superintendent.
Test soil as requested by city .
• Inspect weekly for insects, disease, and stress and respond to outbreaks within 24 hours.
Playfield Maintenance:
• Contractor shall drag all infield surfaces on a minimum monthly basis.
• Infield areas shall be kept free of weeds at all times.
C-28
Playground Maintenance:
• Contractor shall keep play area surfaces walkable and free of weeds and debris.
• Contractor shall rotor till wood fiber chips on a weekly basis or as specified by staff.
• Contractor shall fill in divots with an approved wood play fiber in the playground areas on an as
needed basis.
C-29
ATTACHMENT B – EXPECTED GENERAL SCHEDULE FOR ROUTINE
MAINTENANCE
PARK MAINTENANCE
Approximate number of Park trees: 1,400
Anticipated Frequency of Service Request Tree Trimming As requested
Litter/Trash busking Pickup at Parks Seven (7) days per week
Hardscape Cleaning (including Stamped Weekly
Concrete and cleaning of sidewalks by tree wells)
Check Irrigation Schedule, Inspect (timeclocks, heads, valves Daily
Lines, coverage, drip system, backflow and meter)
Manual Irrigation As needed
Irrigation Repairs As required, to be completed within 24
hours.
Renovation/trimming/edging Weekly
Cultivation Weekly
Watering Weekly
Weeding Weekly
Fertilizing-Fungicide spraying As Needed
Thinning Shrubs/plants As Needed
Rodent / Pest Control As Needed
Weed Control Weekly
Mulching As requested (city to supply mulch)
Grate / Drain Clearing Weekly
Emptying Receptacles Daily
C-30
RIGHT-OF-WAY MAINTENANCE
Approximate number of trees on Right of Way: 12,300
Anticipated Frequency of Service Request Tree Trimming As requested
Litter/Trash busking Pickup Seven (7) days per week
Hardscape Cleaning (including Stamped Weekly
Concrete and cleaning of sidewalks by tree wells)
Check Irrigation Schedule, Inspect (timeclocks, heads, valves Daily
Lines, coverage, drip system, backflow and meter)
Manual Irrigation As needed
Irrigation Repairs As required, to be completed within 24
hours.
Renovation/trimming/edging Weekly
Cultivation Weekly
Watering Weekly
Weeding Weekly
Fertilizing As Needed
Fungicide spraying As Needed
Thinning Shrubs/plants As Needed
Rodent / Pest Control As Needed
Weed Control Weekly
Mulching As requested (city to supply mulch)
Emptying Receptacles Weekly
Grate / Drain Clearing As Requested by City
C-31
TREE MAINTENANCE (PARKS AND RIGHT OF WAY):
DESCRIPTION FREQUENCY
Skirting As needed/requested.
Removing/replacing stakes As needed/requested.
Sucker removal As needed/requested.
Fertilization As requested
Deep Soaking As needed
Full Trim As requested.
TRAIL AND OPEN SPACE MAINTENANCE
Regular trail maintenance shall include, at a minimum, the following, based on the following expected
frequencies:
• Mowing - (4 times annually) 4-foot min. wide each side of trail where applicable.
• Pruning - (4 times annually) Prune woody vegetation 4-feet back from sides of trail – 14-feet
vertical clearance – remove invasive vines.
• Removal of Trees/Limbs - (4 times annually) Evaluation/ removal of unhealthy or dead trees
and limbs. Fallen trees may need to be removed to minimize disturbance as needed.
• Weed Removal – (Weekly or Upon Request)
• Signage - (as needed) Maintain directional and informational signs and Permanent signs.
• Fencing and gates - (periodically as required) Replace damaged access control devices or
minor repairs as needed.
• Trail Surface – (4 times annually) Repair surface damage from vehicles, erosion, etc.
• Drainage Structures - (4 times annually) Clean inlets, keep swales clear of debris.
• Trash busking Litter Pick Up: (Daily, 7 days a week) Trailside litter pickup. Access area litter
pickup.
Trash Collection - (Daily) Removal of trash from receptacles at all trash receptacles.
C-32
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C-33
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C-34
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C-35
Exhibit X-1
Work Force Routine Maintenance Rates
Labor Team Positon/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW B TEAM
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
PARKS TEAM
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
SERVICE REQUEST TEAM
SR TEAM Staff 1920
SR TEAM Staff 1920
TRASH /LITTER TEAM
TL Staff 2688
TL Staff 2688
IRRIGATION TEAM
IRRIGATION TECH 1920
TREE SERVICE TEAM
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
Total
C-36
Exhibit X-2
Extraordinary Work
Labor Rates
Labor Team Position/Title REG Rate Overtime Rate Double Time Rate
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Auxilary
Pest Control Tech
Arborist
Heavy Equipment Operator
*Any team can be reassigned to
work in any location in the city,
but not limited to Parks, ROW,
Open space areas, trails, storm
inlets,and facilities through out
the city
**OT/DT rate with City
Authorization only
C-37
Exhibit X-3
Included Routine Operations Equipment Detail List all equipment and vehicles that will be utilized per team
Team Detail Equipment provided
ROW Team A
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree
trimming to keep traffic visibility. Hardscape related to
Medians- Keep it weed-free and trash-free, as well as
use herbicide and pre-emergent application. Keep weed
free area of 6 to 8 feet. Trimming any branches, blocking
signs, lights, or roadways- Keeping traffic visibility.
Trimming of all shrubbery back away from road. Drains
and drain swales, keeping them free of trash & debris.
Weed control by weed eater and chemical applications.
Needed.
ROW Team B
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree
trimming to keep traffic visibility. Hardscape related to
Medians- Keep it weed-free and trash-free, Herbicide
and Pre-Emergent application.keep weed free area of 6
to 8 feet. Trimming any branches blocking signs, light or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain
swales, keeping them free of trash & debris. Weed
control by weed eater and chemical applications..
Park Team
Parks - Mowing of all turf areas, edging, line trimming,
blowing of grass cuttings. Skirting trees up to 8 feet to
keep all walkways free for Pedestrians. Plants, ground
cover, shrubs trimming and detailing. Blowing all
landscape-related areas.
Keeping all drains clear and free of debris, keeping all
DG pads in good walking conditions, and adding DG
when needed. Fertilizing all turf areas every two months
or as needed.
Service Request Team
Service Request team -Intake, receive, and close
electrically through the City's work order system any
service requests generated by City staff to make spot
repairs, veg trims, Debris removal, and city-wide
maintenance and other duties as assigned.
Trash /Litter Team
(7 day)Replace all trash bags and refill all doggy bag
receptacles in all parks, ROW, beaches, and trails.
Trash Policing Right of way main thourough fares,
scenic Points, bus stops.
Irrigation Team
City-wide repair, maintenance, and installation of city
irrigation systems, including but not limited to Parks,
ROW, Medians, and parkways.
Tree Services Team
Tree service Team - trimming, pruning trees in the City
parks, public right of way,and roadway, open space
areas, and trails, as directed by City staff to meet city
ordinance /ISA standards.
In yard Equipment /MISC
List any and all equipment needed in support of the
landscape contract that will be furnished in addition to
individual team equipment. ie..tractors, draggers, heavy-
duty brush cutters, attachments, etc
C-38
Exhibit X-4
Item No.
Nomenclature
Name
Specification
Units
Unit Cost
EST Montly Units
EST Yearly Units
Monthly Est
Cost
Yearly Est Cost
BID CATEGORY 3 - CONTRACTOR PROVIDED MATERIALS XX XX XX XX XX XX
1 Sand Playground Washed plaster sand free of rocks Cubic Yards 5 64 $ - $ -
2
Wood Fiber Media
Playground/Dog park
Engineered Wood Fiber media, which meets ADA, ASTM, CPSC and
CSA standards
Cubic Yards
5
64
4 Decorative Wood Bark Playground Planter ground cover Cubic Yards 5 64
5 Decomposed Granite Trails/Landscaping Trail and landscape replenishment Cubic Yards 5 64 $ -
6
Bags
Dog Waste
2000 EZ Tie handled dog waste clean up bags. Bulk packed - 20
packages of 100, bulk packed bags - 20 blocks of 100 bags, or
equivalent
Case of 2000
25
300
$ -
7 Bags Waste Bin Liners 39" x 58" 1.5 Mil Eco Friendly trash liners Case of 100 40 480 $ -
8 marathon seed plant material Plant material bags 2 24 $ -
9 Round up chemical Common chemical used to control weeds gallon 1 12 $ -
10 Glyphosate-based chemical 30GAL chemical Common chemical used to control weeds 30 GL Drum 1 12 $ -
11 Spectacile FLO Liq Pre Emergent chemical Common chemical used to control weeds gallon 1 12 $ -
12 Fusiclade per quart chemical Common chemical used to control weeds quart 1 12 $ -
13 Free Hand 50LB chemical Common chemical used to control plant growth 50lb bag 2 24 $ -
14 PGR per gallon chemical Common chemical used to control plant growth gallon 1 12 $ -
15 Omega gopher bait chemical Pesticide 4Lb 1 12 $ -
16 Fertilizer 37-0-5 w/ dimension irrigation Common chemical used to promote growth 50lb bag 5 60 $ -
17 .5" -1" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
18 2" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
19 2.5" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
20 3" -4" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
21 9v battery irrigation Common irrigation part irrigation 10 120 $ -
22 1.5 " Full Port Ball Valve irrigation Common irrigation part fitting 5 60 $ -
23 Irrigation pipe - .75" sch 40 irrigation Common irrigation part 100 ' 1 12 $ -
24 Irrigation pipe - 1" sch 40 irrigation Common irrigation part 100' 1 12 $ -
25
1' Inch Rainbird 100EFB Brass Control
Valve
irrigation
Common irrigation part
irrigation
5
12
$ -
26
1 1/2 "Inch Rainbird 150EFB Brass
Control Valve
irrigation
Common irrigation part
irrigation
5
12
$ -
27
2 Inch Rainbird 200EFB Brass Control
Valve
irrigation
Common irrigation part
irrigation
5
12
$ -
28 Rainbird pop up 1806 PRSw/chk irrigation Common irrigation part irrigation 10 120 $ -
29 Rain Bird Nozzle 8-10 foot spray irrigation Common irrigation part fitting 10 120 $ -
30 24 " Box Tree plant material Common plant material container 10 120 $ -
31 5 GL common plant plant material Common plant material container 20 240 $ -
32 15 GL common plant plant material Common plant material container 20 240 $ -
33 1 GL common plant irrigation Common plant material container 20 240 $ -
34 12 ' Valve lid and box irrigation Common irrigation part irrigation 5 60 $ -
34 2.0 topper plant material Common plant material bags 5 60 $ -
36 3/4 pvc cross slip irrigation Common irrigation part fitting 10 120 $ -
37 3/4 pvc 90 irrigation Common irrigation part pipe 10 120 $ -
38
2x1-1/2 pvc bushing dripline connectors
irrigation
Common irrigation part
fitting
10
120
$ -
39 3/4 PVC coupling irrigation Common irrigation part fitting 10 120 $ -
40 Dripline connectors irrigation Common irrigation part fitting 10 120 $ -
41 hunter i-25 sprinkler irrigation Common irrigation part fitting 10 120 $ -
42 hunter i-24 sprinkler irrigation Common irrigation part fitting 10 120 $ -
43 staples 500 count irrigation Common irrigation part staples 1 6 $ -
*
Contractor consumables and operating
materials are not chargeable to the city .
**
**non listed Material /Equipment
/Rentals
**City will reimburse contractor at no more than 13% mark up
Total $ - $ -
C-39
Schedule of Compensation
Labor Teams Staff Level Monthly Yearly
ROW A Team
ROW B Team
Parks Team
Service Request Team
Irrigation Tech
Litter/ Trash Team
Total FTE
Tree Service Team
Total $ - $ -
Material Cost
Grand Total
Expected Schedule of Compensation Exhibit X -5
C-40
Exhibit Y-1
Work Force Rates
(Non Herbacide ) **Estimated by Contractor
Labor Team Position/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH Staff
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Total
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
**to account for no
herbicide/chemical use in
C-41
Exhibit Y-2
Extraordinary Work
Labor Rates
Non Herbicide use
Labor Team Position/Title REG Rate Overtime Rate Double Time Rate
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Auxilary
Pest Control Tech
Arborist
Heavy Equipment Operator
*Any team can be
reassigned to work in any
location in the city, but not
limited to Parks, ROW,
Open space areas, trails,
storm inlets,and facilities
through out the city
**OT/DT rate with City
Authorization only
C-42
Exhibit Y-3
Included Operations Equipment Detail List all equipment and vehicles that are utilized
for service based on not using chemical
herbicides of any kind.
Team Detail Equipment Provided
ROW Team A
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree trimming
to keep traffic visibility. Hardscape related to Medians-
Keep it weed-free and trash-free. Keep-free area of 6 to 8
feet. Trimming any branches, blocking signs, lights, or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain swales,
keeping them free of trash & debris. Weed control by
weed eater and chemical applications. Needed.
ROW Team B
Trim Plants and ground cover detailing, deadheading,
and removing volunteer plants. Shrubs and tree trimming
to keep traffic visibility. Hardscape related to Medians-
Keep it weed-free and trash-free,.keep weed free area of
6 to 8 feet. Trimming any branches blcking signs, light or
roadways- Keeping traffic visibility. Trimming of all
shrubbery back away from road. Drains and drain swales,
keeping them free of trash & debris. Weed control by
weed eater and chemical applications..
Park Team
Parks - Mowing of all turf areas, edging, line trimming,
blowing of grass cuttings. Skirting trees up to 8 feet to
keep all walkways free for Pedestrians. Plants, ground
cover, shrubs trimming and detailing. Blowing all
landscape-related areas.
Keeping all drains clear and free of debris, keeping all
DG pads in good walking conditions, and adding DG
when needed. Fertilizing all turf areas every two months
or as needed.
Service Request Team
Service Request team -Intake, receive, and close
electrically through the City's work order system any
service requests generated by City staff to make spot
repairs, veg trims, Debris removal, and city-wide
maintenance and other duties as assigned.
Trash /Litter Team
(7 day)Replace all trash bags and refill all doggy bag
receptacles in all parks, ROW, beaches, and trails.
Trash Policing Right of way main thourough fares, scenic
Points, bus stops.
Irrigation Team
City-wide repair, maintenance, and installation of city
irrigation systems, including but not limited to Parks,
ROW, Medians, and parkways.
Tree Services Team
Tree service Team - trimming, pruning trees in the City
parks, public right of way,and roadway, open space
areas, and trails, as directed by City staff to meet city
ordinance /ISA standards.
In yard Equipment /MISC
List any and all equipment needed in support of the
landscape contract will be furnished in addition to
individual team equipment. ie..tractors,draggers, heavy
duty brush cutters, attachments, etc
C-43
Exhibit Y-4
C-44
Expected Schedule of Compensation
Exhibit Y-5
Non-Herbicide
Schedule of Compensation
Labor Teams Staff Level Monthly Yearly
ROW A Team
ROW B Team
Parks Team
Service Request Team
Irrigation Tech
Litter/ Trash Team
Total FTE
Tree Service Team
Total $ - $ -
Material Cost
Grand Total
C-45
Exhibit Z
Extraordinary Equipment
Rates
Equipment Type Description Detail
:Make/Model
DAY RATE WEEKLY RATE MONTHLY
RATE
PICK UP /Truck
1/2 TON Pick up truck
3/4 TON Pick up truck
1 TON Pick up truck
HEAVY EQUIPMENT
John Deere 310L Backhoe
4 Yard Capacity Skip Loader
6,000 Lbs. Mini Excavator
w/Cab
John Deere 4066M TRACTOR
6.5-7.5TON DUMP TRUCK
14 TON DUMP TRUCK
2,000 GAL WATER Truck
TRAILER
10' Utility trailer
14' Utilty trailer
16' Utilty trailer
500 Gallon water trailer with
pump
1,000 Gallon water trailer with
pump
MISC Equipment
4WD UTILITY GATOR
13 HP + STUMP GRINDER
NON Listed EQUIPMENT
** Max 13% mark up of actual
rental
C-46
Attachment C
MAINTENANCE SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
C-47
AGREEMENT FOR MAINTENANCE SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THIS AGREEMENT FOR MAINTENANCE SERVICES (“Agreement”) is made and
entered into on , 2024 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and , a [form of
company] (“Contractor”). City and Contractor may be referred to, individually or collectively, as
“Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services
defined and described particularly in Article 1 of this Agreement, was selected by the City to
perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
SERVICES OF CONTRACTOR
Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide
those services specified in the “Scope of Services”, as stated in the Proposal, attached hereto as
Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the
“services” or “work” hereunder. As a material inducement to the City entering into this Agreement,
Contractor represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Contractor shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Contractor covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those
01203.0001/835260.1 C-48
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
Contractor’s Proposal.
The Scope of Service shall include the Contractor’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency between
the terms of such Proposal and this Agreement, the terms of this Agreement shall govern.
Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms
are defined in California Labor Code section 1720 et seq. and California Code of Regulations,
Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall
pay prevailing wages for such work and comply with the requirements in California Labor Code
section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following
requirements:
(a) Public Work. The Parties acknowledge that some or all of the work
to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720
and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor
shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
C-49
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each
Contractor/subcontractor to: keep accurate payroll records and verify such records in writing under
penalty of perjury, as specified in Section 1776; certify and make such payroll records available
for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Contractor and each of
its Contractorsubcontractors shall submit to the City a verified statement of the journeyman and
apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that 8 (eight)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit $25 (twenty five dollars for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of 8 (eight)
hours per day, and 40 (forty) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and 1½ (one
and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
C-50
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Contractor
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Contractor’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor’s risk until written instructions are received
from the Contract Officer in the form of a Change Order.
Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
C-51
Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to 15% (fifteen percent) of the
Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates and that Contractor shall not be entitled to additional compensation therefor. City may
in its sole and absolute discretion have similar work done by other Contractors. No claims for an
increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Contractor becomes aware of material defects in
the scope, duration or span of the contract or the Contractor becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Contractor shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and
proposed schedule impacts.
Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
COMPENSATION AND METHOD OF PAYMENT.
Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed $ ( Dollars) (the “Contract Sum”),
unless additional compensation is approved pursuant to Section 1.9.
Method of Compensation.
(a) The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
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services; (iii) payment for time and materials based upon the Contractor’s rates as specified in the
Schedule of Compensation, provided that (a) time estimates are provided for the performance of
sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified
in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This retention
shall not apply for on-call agreements for continuous services or for agreements for scheduled
routine maintenance of City property or City facilities.
Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
Invoices.
Each month Contractor shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By su bmitting an invoice for
payment under this Agreement, Contractor is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor
contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not
invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Contractor to be paid within 45 (forty-five) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Contractor for
correction and resubmission. Review and payment by City for any invoice provided by the
Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
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PERFORMANCE SCHEDULE
Time of Essence.
Time is of the essence in the performance of this Agreement.
Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 60 (sixty) days cumulatively.
Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of th e Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding
, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
COORDINATION OF WORK
Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the
principals and representatives of Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
(Name) (Title)
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(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Contractor without the express written approval of City. Additionally, Contractor shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Contractor shall make every reasonable effort to maintain the stability and continuity of
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Contractor shall not at any time or in any manner represent that Contractor or any
of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
Contract Officer.
The Contract Officer shall be Juan Hernandez, Public Works Superintendent, or such
person as may be designated by the Director of Public Works. It shall be the Contractor’s
responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and the Contractor shall refer any decisions which must be made by
City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor’s employees, servants, representatives or agents, or in fixing their number,
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compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor.
Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included in
the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein may
be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of
law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more 25% (twenty five percent) of the present ownership and/or control of Contractor,
taking all transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer
shall release the Contractor or any surety of Contractor of any liability hereunder without the
express consent of City.
INSURANCE AND INDEMNIFICATION
Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any
services under this Agreement, Contractor shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services to
be performed under this Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
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with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Services hereunder by Contractor, its
agents, representatives, employees or subContractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
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that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subContractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause. Contractor agrees to ensure that its subContractors,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with Contractors, subcontractors,
and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
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(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of Maintenance
Services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence. The indemnity
obligation shall be binding on successors and assigns of Contractor and shall survive termination
of this Agreement.
RECORDS, REPORTS, AND RELEASE OF INFORMATION
Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
Reports.
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Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Contractor shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City’s sole risk and without
liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use,
reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Contractor gives City notice of such court order or subpoena.
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(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ENFORCEMENT OF AGREEMENT AND TERMINATION
California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Contractor for any work performed after
the date of default. Instead, the City may give notice to Contractor of the default and the reasons
for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances
warrant. During the period of time that Contractor is in default, the City shall hold all invoices and
shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City
may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of
default. If Contractor does not cure the default, the City may take necessary steps to terminate this
Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s
default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out
of any provision of this Agreement.
Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
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damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
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authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
of termination without cause pursuant to this Section, the City need not provide the Contractor
with the opportunity to cure pursuant to Section 7.2.
Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set -off or
partial payment of the amounts owed the City as previously stated.
(b) Contractor may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Contractor shall be entitled to
payment for all work performed up to the date of termination.
Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is prosecuted
to judgment.
CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Contractor’s performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
C-64
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
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. § 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 attorneys’ fees, incurred by City.
MISCELLANEOUS PROVISIONS
Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the
Contractor, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in 72 (seventy-two)
hours from the time of mailing if mailed as provided in this section.
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Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Contractor and by the
City Council. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
C-66
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor’s Authorized Initials
Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
C-67
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Elena Q. Gerli, City Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2024 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
C-69
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2024 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
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A-1 01203.0001/835260.1
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
A.
II. In addition to the requirements of Section 6.2, during performance of the Services,
Contractor will keep the City appraised of the status of performance by delivering the
following status reports:
A.
III. All work product is subject to review and acceptance by the City, and must be revised by
the Contractor without additional charge to the City until found satisfactory and accepted
by City.
A.
IV. Contractor will utilize the following personnel to accomplish the Services:
A.
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B-1 01203.0001/835260.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
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C-1 01203.0001/835260.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A.
B.
C.
D.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
III. The City will compensate Contractor for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Contractor’s billing rates for all personnel are attached as Exhibit C-1.
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D-1 01203.0001/835260.1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all services timely in accordance with the following
schedule:
A. Task A
B. Task B
C. Task C
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
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D-2 01203.0001/835260.1
Attachment D – Sample Schedule of
Compensation for Routine Maintenance
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D-3 01203.0001/835260.1
Work Force Routine Maintenance Rates
Labor Team Positon/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW A Staff 1920
ROW B TEAM
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
ROW B Staff 1920
PARKS TEAM
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
PARK TEAM Staff 1920
SERVICE REQUEST TEAM
SR TEAM Staff 1920
SR TEAM Staff 1920
TRASH /LITTER TEAM
TL Staff 2600
TL Staff 2600
IRRIGATION TEAM
IRRIGATION TECH 1920
TREE SERVICE TEAM
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
TREE SERVICE Staff 240
*Any team can be reassigned to
work in any location in the city,
but not limited to Parks, ROW,
Open space areas, trails, storm
inlets,and facilities through out
the city
Total
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D-4 01203.0001/835260.1
Item No.
Nomenclature
Name
Specification
Units
Unit Cost
EST Montly Units
EST Yearly Units
Monthly Est
Cost
Yearly Est Cost
BID CATEGORY 3 - CONTRACTOR PROVIDED MATERIALS XX XX XX XX XX XX
1 Sand Playground Washed plaster sand free of rocks Cubic Yards 5 64 $ - $ -
2
Wood Fiber Media
Playground/Dog park
Engineered Wood Fiber media, which meets ADA, ASTM, CPSC and
CSA standards
Cubic Yards
5
64
4 Decorative Wood Bark Playground Planter ground cover Cubic Yards 5 64
5 Decomposed Granite Trails/Landscaping Trail and landscape replenishment Cubic Yards 5 64 $ -
6
Bags
Dog Waste
2000 EZ Tie handled dog waste clean up bags. Bulk packed - 20
packages of 100, bulk packed bags - 20 blocks of 100 bags, or
equivalent
Case of 2000
25
300
$ -
7 Bags Waste Bin Liners 39" x 58" 1.5 Mil Eco Friendly trash liners Case of 100 40 480 $ -
8 marathon seed plant material Plant material bags 2 24 $ -
9 Round up chemical Common chemical used to control weeds gallon 1 12 $ -
10 Glyphosate-based chemical 30GAL chemical Common chemical used to control weeds 30 GL Drum 1 12 $ -
11 Spectacile FLO Liq Pre Emergent chemical Common chemical used to control weeds gallon 1 12 $ -
12 Fusiclade per quart chemical Common chemical used to control weeds quart 1 12 $ -
13 Free Hand 50LB chemical Common chemical used to control plant growth 50lb bag 2 24 $ -
14 PGR per gallon chemical Common chemical used to control plant growth gallon 1 12 $ -
15 Omega gopher bait chemical Pesticide 4Lb 1 12 $ -
16 Fertilizer 37-0-5 w/ dimension irrigation Common chemical used to promote growth 50lb bag 5 60 $ -
17 .5" -1" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
18 2" fitting common sch 40 irrigation Common irrigation part fitting 20 240 $ -
19 2.5" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
20 3" -4" fitting common sch 40 irrigation Common irrigation part fitting 5 60 $ -
21 9v battery irrigation Common irrigation part irrigation 10 120 $ -
22 1.5 " Full Port Ball Valve irrigation Common irrigation part fitting 5 60 $ -
23 Irrigation pipe - .75" sch 40 irrigation Common irrigation part 100 ' 1 12 $ -
24 Irrigation pipe - 1" sch 40 irrigation Common irrigation part 100' 1 12 $ -
25
1' Inch Rainbird 100EFB Brass Control
Valve irrigation Common irrigation part irrigation
5 12
$ -
26
1 1/2 "Inch Rainbird 150EFB Brass
Control Valve
irrigation
Common irrigation part
irrigation
5
12
$ -
27
2 Inch Rainbird 200EFB Brass Control
Valve
irrigation Common irrigation part
irrigation
5
12
$ -
28 Rainbird pop up 1806 PRSw/chk irrigation Common irrigation part irrigation 10 120 $ -
29 Rain Bird Nozzle 8-10 foot spray irrigation Common irrigation part fitting 10 120 $ -
30 24 " Box Tree plant material Common plant material container 10 120 $ -
31 5 GL common plant plant material Common plant material container 20 240 $ -
32 15 GL common plant plant material Common plant material container 20 240 $ -
33 1 GL common plant irrigation Common plant material container 20 240 $ -
34 12 ' Valve lid and box irrigation Common irrigation part irrigation 5 60 $ -
34 2.0 topper plant material Common plant material bags 5 60 $ -
36 3/4 pvc cross slip irrigation Common irrigation part fitting 10 120 $ -
37 3/4 pvc 90 irrigation Common irrigation part pipe 10 120 $ -
38
2x1-1/2 pvc bushing dripline connectors
irrigation
Common irrigation part
fitting
10
120
$ -
39 3/4 PVC coupling irrigation Common irrigation part fitting 10 120 $ -
40 Dripline connectors irrigation Common irrigation part fitting 10 120 $ -
41 hunter i-25 sprinkler irrigation Common irrigation part fitting 10 120 $ -
42 hunter i-24 sprinkler irrigation Common irrigation part fitting 10 120 $ -
43 staples 500 count irrigation Common irrigation part staples 1 6 $ -
*
Contractor consumables and operating
materials are not chargeable to the city .
**
**non listed Material /Equipment
/Rentals
**City will reimburse contractor at no more than 13% mark up
Total $ - $ -
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D-5 01203.0001/835260.1
Attachment E – Sample Schedule of Unit Prices for
Extraordinary Maintenance (Labor, Materials and
Equipment)
Work Force Rates **Estimated by Contractor
Labor Team Position/Title REG RATE EST YEARLY HOURS EST YRL COST
ROW A TEAM
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW A Staff
ROW B TEAM
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
ROW B Staff
PARKS TEAM
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
PARK TEAM Staff
SERVICE REQUEST TEAM
SR TEAM Staff
SR TEAM Staff
TRASH /LITTER TEAM
TL Staff
TL Staff
IRRIGATION TEAM
IRRIGATION TECH Staff
TREE SERVICE TEAM
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
TREE SERVICE Staff
Total
*Any team can be reassigned to
work in any location in the city,
but not limited to Parks, ROW,
Open space areas, trails, storm
inlets,and facilities through out
the city
**to account for no
herbicide/chemical use in
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D-6 01203.0001/835260.1
Extraordinary Equipment Rates
Equipment Type Description Detail :Make/Model DAY RATE WEEKLY RATE MONTHLY RATE
PICK UP /Truck
1/2 TON Pick up truck
3/4 TON Pick up truck
1 TON Pick up truck
HEAVY EQUIPMENT
John Deere 310L Backhoe
4 Yard Capacity Skip Loader
6,000 Lbs. Mini Excavator w/Cab
John Deere 4066M TRACTOR
6.5-7.5TON DUMP TRUCK
14 TON DUMP TRUCK
2,000 GAL WATER Truck
TRAILER
10' Utilty trailer
14' Utilty trailer
16' Utilty trailer
500 Gallon water trailer with pump
1,000 Gallon water trailer with pump
MISC Equipment
4WD UTILTY GATOR
13 HP + STUMP GRINDER
NON Listed EQUIPMENT
** Max 13% mark up of actual rental
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D-7 01203.0001/835260.1
Attachment F – Sample Lease Agreement for
Corporate Yard
ARECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, California 90275
Attention: City Clerk
[SPACE ABOVE FOR RECORDER’S USE ONLY]
Exempt from filing/recording fees per Govt. Code §27383
AMENDED AND REVISED LEASE AGREEMENT
This Amended and Revised Lease Agreement (“Lease”) is made and entered into on
, 2024 (“Lease Commencement Date”), by and between the CITY OF RANCHO
PALOS VERDES, a municipal corporation (“City” or “Landlord”), and , a
(“Tenant”).
RECITALS:
A. Landlord owns that real property located at 30940 Hawthorne Blvd located in the
City of Rancho Palos Verdes, State of California (comprised of APNs 7573-002-913 & 7573-002-
908) improved with certain buildings including the Rancho Palos Verdes City Hall and related
government facilities (“City Buildings”) and a parking lot (“Parking Lot”) all as legally described
on attached Exhibit E-1 (“Property”).
B. Tenant and Landlord have executed that certain Contract Services Agreement
dated , 2024 in conjunction with that certain Lease Agreement whereby Tenant is
obligated to provide general maintenance services and trash, debris and litter removal for public
properties owned and operated by Landlord (“Services Agreement”).
C. Other portions of the Property are leased by Landlord to other tenants (“Adjoining
Tenants”).
D. Tenant and Landlord with to enter into this Lease Agreement so that Tenant can
maintain equipment and run operations out of the City Yard.
NOW, THEREFORE, the parties agree as follows:
LEASE SUMMARY. Certain fundamental lease provisions are presented in this Section
and represent the agreement of the parties hereto, subject to further definition and elaboration in
the respective referenced Sections and elsewhere in this Lease. In the event of any conflict
between any fundamental lease provision and the balance of this Lease, the latter shall control.
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D-8 01203.0001/835260.1
References to specific Sections are for convenience only and designate some of the sections
where references to the particular fundamental lease provisions may appear.
Leased Premises. For purposes of this Lease, “Leased Premises” means (i) the
exclusive use of the portion of the Property (together with the existing open shed and other
existing improvements located thereon) as depicted on attached Exhibit E-2 (“Exclusive Use
Area”), together with (ii) the non-exclusive right to use the access road across the Property to
reach the Exclusive Use Area. Tenant shall not have the right to use any other portion of the
Property including, but not limited to, the parking lot adjacent to the City Hall.
Lease Commencement Date. This Lease shall commence on the Lease
Commencement Date identified on Page 1.
Term. The term (“Term”) shall commence on the Lease Commencement Date and
continue for one (1) year (“Termination Date”) subject to extensions as provided in Section 2.1(b).
Base Rent. The base rent for the Initial Term (as defined in Section 2.1(a)) shall
be $120,900 (One Hundred Twenty Thousand Nine Hundred Dollars and Twenty Five Cents) per
annum (i.e., $4.65/SF/year), payable in equal monthly installments of $10,075 Ten Thousand
Seventy Five Dollars) (“Base Rent”). (See Section 3.1).
Use of Leased Premises. Tenant may use the Leased Premises for parking and
storing its vehicles and equipment and other uses solely required for Tenant’s rendering the
services under the Service Agreement and no other purpose without the prior written consent of
Landlord in Landlord’s sole and absolute discretion.
Tenant’s Address for Notices.
Attn:
Security Deposit. None.
TERM.
Term.
Initial Term. The term of this Lease shall commence on the Lease
Commencement Date (as defined in Section 1.2) and shall continue for the period of time
specified in Section 1.3.
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D-9 01203.0001/835260.1
Options to Extend. Tenant has two (2) consecutive one (1) year options
to extend the Lease (“Option to Extend”) subject to all of the provisions of this Lease, including,
but not limited to, the adjustments in Base Rent as set forth below. Tenant may only exercise an
Option to Extend provided that Tenant (i) is not in Breach at either the time of the exercise or the
end of the existing Term; and (ii) the Service Agreement has been extended for the same time
period in accordance with its terms. Each Option to Extend must be unconditionally exercised by
Tenant providing written notice to Landlord not more than six (6) months nor less than one (1)
month prior to the end of the then existing Term (“Option Exercise Notice”). Failure to timely
exercise an Option to Extend in accordance with the foregoing shall automatically terminate the
Option to Extend and all successive Options. Notwithstanding the Option Exercise Notice has
been delivered by Tenant, if the parties do not extend the Services Agreement in accordance with
its terms, the exercise of the option shall be deemed void. Upon the request of either party, both
parties shall promptly execute and deliver an “Extension of Lease Agreement” pursuant to which
the Tenant extends the Lease for the term of the Option Period upon all of its same terms and
conditions except Base Rent which shall be adjusted in accordance with Section 3.1(b).
Termination of Services Agreement. This Lease shall immediately terminate
concurrently with termination of the Services Agreement for any reason. However, if the Services
Agreement is terminated due to Tenant’s default or breach of the Services Agreement, then
Tenant shall be deemed that Tenant is in default of this Lease and Landlord shall have the right
to all remedies provided in Section 10.2. Upon termination of this Lease, Tenant shall have thirty
(30) days to remove any personal property from the Property.
Lease Year. For purposes of this Lease, the term “Lease Year” shall mean each
consecutive twelve (12) month period during the Lease Term; provided, however, that (i) the first
Lease Year shall commence on the Lease Commencement Date including any partial month in
which it occurs and end on the last day of the twelfth (12th) month thereafter; (ii) the second and
each succeeding Lease Year shall commence on the first day of the next calendar month. and
(iii) the last Lease Year shall end at the Termination Date (as defined in Section 1.3).
Holding Over. Any holding over after the expiration of the Term, with or without
the consent of Landlord, express or implied, shall be construed to be a tenancy from month to
month, cancellable upon thirty (30) days written notice with Base Rent equal to one hundred fifty
percent (150%) of the last Base Rent payable under this Lease.
RENT.
Base Rent.
Base Rent for Initial Term. For each Lease Year, Tenant shall pay to
Landlord the sum specified in Section 1.4 as annual rental, which sum shall be paid in equal
monthly installments as specified in Section 1.4 with each monthly payment made in advance on
the first (1st) day of each month (“Base Rent”). If the Lease Commencement Date occurs other
than on the first day of a month, the applicable monthly Base Rent for that month shall be prorated
and paid to Landlord concurrently with the Lease Commencement Date.
Base Rent for Option to Extend. If an Option to Extend is exercised as
set forth in Section 2.2 above, at the commencement of the extended Term, the Base Rent for
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that Lease Year shall be equal to the then-existing Base Rent being paid by Tenant at the end of
the existing Term.
Additional Rental. All monetary obligations of Tenant under this Lease, including,
but not limited to, insurance premiums, property taxes, late charges, and utility costs, shall be
additional rental and deemed “Rent” for purposes of this Lease.
Miscellaneous Requirements. All rental to be paid by Tenant to Landlord shall
be in lawful money of the United States of America and shall be paid without deduction or offset,
prior notice or demand.
Real Property Taxes. To the extent that any ad valorem tax is imposed, or sought
to be imposed, on the Leased Premises (either in the form of a possessory interest tax or
otherwise), Tenant shall pay, at the election of Landlord, either directly to the taxing authority or
to Landlord, annual real estate taxes and assessments levied upon the Leased Premises
(including any possessory interest taxes), as well as taxes of every kind and nature levied and
assessed in lieu of, in substitution for, or in addition to, existing real property taxes. Such amount
shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Landlord
receives the tax bill, ten (10) days after receipt of a copy of the tax bill from Landlord, whichever
is later. Upon termination of this Lease, Tenant shall immediately pay to Landlord any final amount
of Tenant’s share of such taxes and assessments as determined by Landlord.
Personal Property Taxes. During the Term, to the extent that any personal
property tax is assessed against and levied upon fixtures, furnishings, automobiles, equipment
and all other personal property of Tenant contained in the Leased Premises, Tenant shall pay
prior to delinquency all such taxes, and when possible Tenant shall cause said fixtures,
furnishings, equipment and other personal property to be assessed and billed separately from the
Leased Premises.
Reimbursement for Electrical Charges. During the Term, Tenant shall
reimburse Landlord for a reasonable allocation of electrical charges to Tenant’s usage within ten
(10) days of receipt of a summary statement from Landlord.
LEASED PREMISES; UTILITIES; USE.
Leased Premises. Landlord leases to Tenant and Tenant hires from Landlord, the
Leased Premises only for the use authorized in Section 1.5 and for no other use. During
Landlord’s business hours, Tenant’s employees shall have access to restrooms located in the
City Buildings which are open to the general public. Tenant covenants, as a material part of the
consideration for this Lease, to keep and perform each and every provision of this Lease in
compliance with all applicable laws and ordinances. Tenant accepts the Leased Premises in AS-
IS condition without representation or warranty of any kind. Tenant shall be solely responsible for
security at the Leased Premises.
Pursuant to California Civil Code Section 1938, Tenant is advised that the Leased
Premises has not undergone inspection by a Certified Access Specialist (CASp), and, therefore,
the City is not aware if the Leased Premises complies with the applicable construction-related
accessibility standards pursuant to Civil Code Section 55.53.
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Utilities. Tenant acknowledges that the Leased Premises does not have access
to any utilities except electricity.
Signs. Tenant shall not install any signs on the Leased Premises without the prior
written consent of Landlord. Any signage permitted by Landlord must comply with applicable laws
and ordinances.
Disposal of Solvents, Waste and Trash. At Tenant’s sole cost and expense,
Tenant shall properly and promptly dispose of any solvents, waste or other materials used by
Tenant in accordance with all applicable laws. Tenant may not permit any trash or other waste to
accumulate or be stored on the Leased Premises.
Prohibited Uses. Tenant shall not sell or permit to be kept, used, displayed or sold
in or about the Leased Premises (a) pornographic or sexually explicit books, magazines, literature,
films or other printed material, sexual paraphernalia, or other material which would be considered
lewd, obscene or licentious: (b) any article which may be prohibited by standard forms of fire
insurance policies; (c) any controlled substances, narcotics, or the paraphernalia related to the
same; or (d) alcoholic beverages unless expressly permitted by Landlord, in writing and in
advance of the storage or consumption of the same. Tenant shall not do or permit anything to be
done in or about the Leased Premises which will in any way obstruct or interfere with the rights of
other parties, Adjoining Tenants, or Landlord’s use of the City Buildings or injure or annoy them
or use or allow or permit the Leased Premises to be used for any improper, immoral, unlawful, or
objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the
Leased Premises, or commit or suffer to be committed any waste upon the Leased Premises.
Tenant may repair its vehicles on the Leased Premises provided Tenant does not permit any
fluids including, oil, gasoline, etc. to contaminate the land and properly disposes of any such fluids
in accordance with applicable laws. Tenant shall not permit any employee or contractor to remain
overnight on the Leased Premises.
Compliance with Laws. Tenant shall, at its sole cost and expense, comply with
all of the requirements of all municipal, state and federal authorities now in force or which may
hereafter be in force pertaining to the use of the Leased Premises, and shall faithfully comply with
all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances,
state and federal statutes, or other governmental regulations now in force or which shall
hereinafter be in force. The judgment of any court of competent jurisdiction, or the admission of
Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not,
that Tenant has violated any such order or statute in said use, shall be conclusive of that fact as
between Landlord and Tenant. Tenant shall not engage in any activity on or about the Leased
Premises that violates any Environmental Law, and shall promptly, at Tenant’s sole cost and
expense, take all investigatory and/or remedial action required or ordered by any governmental
agency or Environmental Law for clean-up and removal of any contamination involving any
Hazardous Material created or caused directly or indirectly by Tenant. The term “Environmental
Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to
health, industrial hygiene or the environmental conditions on, under or about the Leased
Premises, including, without limitation, (i) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Sections 9601 et seq.; (ii) the
Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.;
(iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and
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Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.; (v)
California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code
Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.;
(viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et
seq., as such laws are amended and the regulations and administrative codes applicable thereto.
The term “Hazardous Material” includes, without limitation, any material or substance which is (i)
defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous
waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under
the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos;
and/or (iv) substances known by the State of California to cause cancer and/or reproductive
toxicity. It is the intent of the parties hereto to construe the terms “Hazardous Materials” and
“Environmental Laws” in their broadest sense. Tenant shall provide all notices required pursuant
to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code
Section 25249.5 et seq. Tenant shall provide prompt written notice to Landlord of the existence
of Hazardous Substances on the Leased Premises and all notices of violation of the
Environmental Laws received by Tenant.
ALTERATIONS AND REPAIRS.
Alterations. Tenant shall not make, or suffer to be made, any alterations to the
Leased Premises which shall require the issuance of any discretionary or ministerial permit(s), or
any part thereof, without the prior written consent of Landlord. As a condition to such approval,
Landlord may require that any such alterations to the Leased Premises be removed at termination
of the Lease. Any removal of alterations shall be completed in a good and workmanlike manner
leaving the Leased Premises in a good and safe condition at Tenant’s sole cost and expense.
Any damage occasioned by removal shall be repaired at Tenant’s expense so that the Leased
Premises will be surrendered in a good, clean, sanitary and safe condition. Any and all trade
fixtures, equipment, or appurtenances installed by Tenant shall conform with the requirements of
all municipal, state, federal, and governmental authorities including requirements pertaining to the
health, welfare, or safety of employees or the public.
Maintenance and Repair. During the Term, Tenant shall, at Tenant’s sole cost
and expense, keep, and maintain the Leased Premises in good and sanitary order, condition, and
repair. Tenant shall also at its sole cost and expense be responsible for any alterations or
improvements to the Leased Premises permitted by Landlord under this Lease or otherwise
necessitated as a result of the requirement of any municipal, state or federal authority. Tenant
waives all right to make repairs at the expense of Landlord, and Tenant shall obtain any required
governmental permits for any maintenance or repair work required under this Lease. Tenant
waives all rights provided for by the Civil Code of the State of California to make said repairs.
Tenant agrees on the last day of the Term or sooner termination of this Lease, to surrender the
Leased Premises in the same condition as when originally received by Tenant and in a good,
clean, sanitary and safe condition.
Free from Liens. Tenant shall keep the Leased Premises free from any liens
arising out of any work performed, material furnished, or obligation incurred by Tenant or on behalf
of Tenant. Tenant shall pay or cause to be paid any and all such claims or demands before any
action is brought to enforce same against the Leased Premises.
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No Construction Obligations. Landlord has no construction obligations of any
kind under this Lease.
INSURANCE AND INDEMNIFICATION.
Insurance Provided by Landlord. Landlord has no obligation to Tenant to
maintain any insurance on the Leased Premises. Any insurance maintained by Landlord shall be
solely for the benefit of Landlord and Tenant waives any right of recovery from Landlord, its
officers and employees, and Landlord hereby waives any right of loss or damage (including
consequential loss) resulting from any of the perils insured against as a result of said insurance.
Insurance Provided by Tenant.
Tenant to Provide Personal Property Insurance. Tenant, at its expense,
shall maintain fire and extended coverage insurance written on a per occurrence basis on the
structures, its trade fixtures, equipment, automobiles, personal property and other materials within
the Leased Premises from loss or damage to the extent of their full replacement value.
Tenant to Provide Liability Insurance. Tenant shall, at Tenant’s sole cost
and expense, but for the mutual benefit of Landlord and Tenant, maintain comprehensive general
liability insurance insuring against claims for bodily injury, death or property damage occurring in,
upon or about the Leased Premises on any area directly adjacent to the Leased Premises written
on a per occurrence basis in an amount not less than a combined single limit of $1,000,000,
aggregate limit of $2,000,000, for bodily injury, death, and property damage.
Tenant to Provide Workers’ Compensation Insurance. Tenant shall, at
Tenant’s sole cost and expense, maintain a policy of worker’s compensation insurance in an
amount as will fully comply with the laws of the State of California and which shall indemnify,
insure and provide legal defense for both Tenant and Landlord against any loss, claim or damage
arising from any injuries or occupational diseases occurring to any worker employed by or any
persons retained by Tenant in the course of conducting Tenant’s business in the Leased
Premises.
General Provisions Applicable to Tenant’s Insurance. All of the policies
of insurance required to be procured by Tenant under this Lease shall be primary insurance and
shall name Landlord, its elected or appointed officers, employees, and agents as additional
insureds. The insurers shall waive all rights of contribution they may have against Landlord, its
officers, employees and agents and their respective insurers. All of said policies of insurance shall
provide that said insurance may not be amended or cancelled without providing thirty (30) days
prior written notice by registered mail to Landlord. Prior to the Lease Commencement Date and
at least thirty (30) days prior to the expiration of any insurance policy, Tenant shall provide
Landlord with copies of all applicable polices evidencing the required insurance coverages written
by insurance companies acceptable to Landlord, licensed to do business in the State of California
and rated A:VII or better by Best’s Insurance Guide. In the event the City Manager of Landlord,
or his/her designee (“Risk Manager”) determines that (i) Tenant’s activities in the Leased
Premises creates an increased or decreased risk of loss to Landlord, (ii) greater insurance
coverage is required due to the passage of time, or (iii) changes in the industry require different
coverages be obtained, Tenant agrees that the minimum limits of any insurance policy required
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to be obtained by Tenant may be changed accordingly upon receipt of written notice from the Risk
Manager; provided that Tenant shall have the right to appeal a determination of increased
coverage by the Risk Manager to the City Council of Landlord within ten (10) days of receipt of
notice from the Risk Manager. Landlord and Tenant hereby waive any rights each may have
against the other on account of any loss or damage occasioned by property damage to the Leased
Premises, or Tenant’s trade fixtures, equipment, personal property or inventory arising from any
risk generally covered by insurance against the perils of fire, extended coverage, vandalism,
malicious mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties,
on behalf of their respective insurance companies insuring such property of either Landlord or
Tenant against such loss, waive any right of subrogation that it may have against the other. The
foregoing waivers of subrogation shall be operative only so long as available in California and
provided further that no policy is invalidated thereby.
Indemnification of Landlord. As material consideration to Landlord, Tenant
waives all claims against Landlord for damage to the vehicles, equipment or other personal
property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in,
upon or about the Leased Premises and for injuries to persons in or about the Leased Premises,
from any cause arising at any time. Tenant agrees to indemnify Landlord, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities, (herein “claims or liabilities”) that may be asserted or claimed by
any person, firm or entity arising out of or’ in connection with the negligent performance of the
work, operations or activities of Tenant, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the use of the Leased Premises by Tenant or its employees
and invitees, or arising from the failure of Tenant to keep the Leased Premises in good condition
and repair, as herein provided, or arising from the negligent acts or omissions of Tenant, or arising
from Tenant’s negligent performance of or failure to perform any term, provision covenant or
condition of this Lease, whether or not there is concurrent passive or active negligence on the
part of Landlord, its officers, agents or employees but excluding such claims or liabilities arising
from the sole negligence or willful misconduct of Landlord, its officers, agents or employees, who
are directly responsible to Landlord, and in connection therewith:
a. Tenant will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith; and
b. Tenant will promptly pay any judgment rendered against Landlord, its
officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work,
operations or activities of Tenant hereunder; and Tenant agrees to save and hold
Landlord, its officers, agents, and employees harmless therefrom.
In the event Landlord, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Tenant for such damages or other claims arising out of or
in connection with the negligent performance of or failure to perform the work, operation or
activities of Tenant, Tenant agrees to pay to Landlord, its officers, agents or employees, any and
all costs and expenses incurred by Landlord, its officers, agents or employees in such action or
proceeding, including, but not limited to, legal costs and attorneys’ fees.
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ABANDONMENT AND SURRENDER.
Abandonment. Tenant shall not vacate or abandon the Leased Premises at any
time during the Term; and if Tenant shall abandon, vacate or surrender the Leased Premises or
be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and
left on the Leased Premises shall be deemed to be abandoned, at the option of Landlord.
Surrender of Lease. The voluntary or other surrender of this Lease by Tenant, or
a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord,
terminate all or any existing authorized subleases or subtenancies, or may, at the option of
Landlord, operate as an assignment to it of any or all of such subleases or subtenancies.
DAMAGE AND DESTRUCTION. In the event of the total or partial destruction of the
Leased Premises, the Term, and unless the cause for such total destruction is the result of the of
the sole gross negligence or willful misconduct of Landlord, its City Council, Boards,
Commissions, directors, officers, employees, or agents, in which the Leased Premises are
declared unsafe or unfit for occupancy by any public officer or entity having jurisdiction to so
declare, then this Lease shall be terminated, and the Leased Premises shall be surrendered to
Landlord.
ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublet all or any
portion of the Leased Premises, without the prior written consent of Landlord, which consent may
be withheld in the reasonable discretion of Landlord and must be made only to a permitted
assignee in accordance with Section 4.5 of the Services Agreement. For purposes of this Lease,
an assignment shall be deemed to include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Tenant, taking all transfers into account on a cumulative basis. Landlord shall be under no
obligation to consider a request for Landlord’s consent to an assignment until Tenant shall have
submitted in writing to Landlord a request for Landlord’s consent to such assignment together
with audited financial statements of Tenant.
DEFAULT AND REMEDIES.
Default by Tenant. The occurrence of any one or more of the following events
shall constitute a default and breach of this Lease by Tenant:
The failure by Tenant to make any payment of Rent or any other payment
required to be made by Tenant hereunder, as and when due, where such failure shall continue
for a period of three (3) days after written notice by Landlord to Tenant.
A failure by Tenant to observe or perform any of the covenants, conditions
or provisions of this Lease to be observed or performed by Tenant, where such failure shall
continue for a period of thirty (30) days after written notice by Landlord to Tenant; provided,
however, that if the nature of the default involves such that more than thirty (30) days are
reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant
commences such cure within such thirty (30) day period and thereafter diligently prosecutes said
cure to completion.
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Tenant’s default or breach of the Services Agreement.
Vacation or abandonment of the Leased Premises for a period of thirty (30)
consecutive days by Tenant.
The making by Tenant of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against Tenant of a petition to have Tenant adjudged
a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy
(unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60)
days); or the appointment of a trustee or a receiver to take possession of substantially all of
Tenant’s assets located in or about the Leased Premises or of Tenant’s interest in this Lease,
where possession is not restored to Tenant within thirty (30) days; or the attachment, execution
or other judicial seizure of substantially all of Tenant’s assets located in or about the Leased
Premises or of Tenant’s interest in this Lease, where such seizure is not discharged in thirty (30)
days.
Any repetitive failure by Tenant to perform its agreements and obligations, though
intermittently cured, may, at the sole election of Landlord, be deemed an incurable default. Two
(2) breaches of the same covenant within a sixty (60) day period, a notice having been given
pursuant to (a) or (b) above for the first breach, or three (3) of the same or different breaches at
any time during the term of this Lease for which notices pursuant to (a) or (b) above were given
for the first two (2) breaches shall, at the election of Landlord, be conclusively deemed to be an
incurable repetitive failure by Tenant to perform its obligations.
Any notice required to be given by Landlord under this Section 10 shall be in lieu of and
not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.
Remedies. In the event of any such default or breach by Tenant, Landlord may at
any time thereafter, without further notice or demand, rectify or cure such default, and any sums
expended by Landlord for such purposes shall be paid by Tenant to Landlord upon demand and
as additional rental hereunder. In the event of any such default or breach by Tenant, Landlord
shall have the right (i) to continue the lease in full force and effect and enforce all of its rights and
remedies under this Lease, including the right to recover the rental as it becomes due under this
Lease, or (ii) Landlord shall have the right at any time thereafter to elect to terminate the Lease
and Tenant’s right to possession thereunder. Upon such termination, Landlord shall have the right
to recover from Tenant:
The worth at the time of award of the unpaid rental which had been earned
at the time of termination;
The worth at the time of award of the amount by which the unpaid rental
which would have been earned after termination until the time of award exceeds the amount of
such rental loss that Tenant proves could have been reasonably avoided;
The worth at the time of award of the amount by which the unpaid rental for
the balance of the term after the time of award exceeds the amount of such rental loss that Tenant
proves could be reasonably avoided; and
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Any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant’s failure to perform its obligations under the lease or which in the
ordinary course of things would be likely to result therefrom.
The “worth at the time of award” of the amounts referred to in subparagraphs (i) and (ii)
above shall be computed by allowing interest at three percent (3%) over the prime rate then being
charged by Bank of America, N.A. but in no event greater than the maximum rate permitted by
law. The worth at the time of award of the amount referred to in subparagraph (iii) above shall be
computed by discounting such amount at the discount rate of the Federal Reserve Bank of San
Francisco at the time of award plus one percent (1%), but in no event greater than ten percent
(10%).
As used herein “rental” or “rent” shall be the fair market rental set forth in Section 1.8,
including the other sums payable hereunder which are designated “rent”, “rental” or “additional
rental” and any other sums payable hereunder on a regular basis.
Such efforts as Landlord may make to mitigate the damages caused by Tenant’s breach
of this Lease shall not constitute a waiver of Landlord’s right to recover damages against Tenant
hereunder, nor shall anything herein contained affect Landlord’s right to indemnification against
Tenant for any liability arising prior to the termination of this Lease for personal injuries or property
damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such
injuries and damages, including all attorney’s fees and costs incurred by Landlord in defending
any action brought against Landlord for any recovery thereof, and in enforcing the terms and
provisions of this indemnification against Tenant.
Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an
abandonment of the Leased Premises by Tenant, shall not constitute a termination of this Lease,
or of Tenant’s right of possession hereunder, unless and until Landlord elects to do so, and until
such time Landlord shall have the right to enforce all of its rights and remedies under this Lease,
including the right to recover rent, and all other payments to be made by Tenant hereunder, as
they become due. Failure of Landlord to terminate this Lease shall not prevent Landlord from later
terminating this Lease or constitute a waiver of Landlord’s right to do so, including the prosecution
of any unlawful detainer action against Tenant.
No Waiver. The waiver by Landlord of any term, covenant or condition shall not
be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the
same or any other term, covenant or condition in this Lease. Acceptance of late payment of Rent
by Landlord shall not be deemed a waiver of any preceding breach by Tenant of any term,
covenant or condition of this Lease.
Landlord’s Default. Landlord shall not be in default unless Landlord fails to
perform obligations required of Landlord within a reasonable time, but in no event later than thirty
(30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or
deed of trust covering the Leased Premises whose name and address shall have theretofore been
furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation;
provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30)
days are required for performance then Landlord shall not be deemed in default if Landlord
commences performance within a (30) day period and thereafter diligently prosecutes the same
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to completion. Tenant shall have the right to terminate this Lease as a result of Landlord’s default
but not to any damages.
Sale of Leased Premises. In the event of the sale of the Premises, Landlord shall
be entirely freed and relieved of all liability under any and all of the covenants and obligations
contained in or derived from this Lease arising out of any act, occurrence or omission occurring
after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the
Leased Premises, shall be deemed, without any further agreements between the parties or their
successors in interest or between the parties and any such purchaser, to have assumed and
agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.
CONDEMNATION. In the event a condemnation or a transfer in lieu thereof results in a
taking of any portion of the Leased Premises, Landlord may, or in the event a condemnation or a
transfer in lieu thereof results in a taking of twenty-five percent (25%) or more of the Leased
Premises, Tenant may, upon written notice given within thirty (30) days after such taking or
transfer in lieu thereof, terminate this Lease. Tenant shall not be entitled to share in any portion
of the award and Tenant expressly waives any right or claim to any part thereof. If this Lease is
not terminated as above provided, Landlord shall use a portion of the condemnation award to
restore the Leased Premises.
MISCELLANEOUS.
Entry and Inspection. Tenant shall permit Landlord and its agents to enter into
and upon the Leased Premises at all reasonable times for the purpose of inspecting the same for
compliance with applicable municipal or other laws, rule, and regulations, for the purpose of
assuring that Tenant is complying with the terms and conditions of this Lease, for the purpose of
confirming maintenance of the Leased Premises as required by this Lease, and/or to evaluate the
completion of work requested and undertaken by Tenant (including compliance with correction
notices, if any), or for the purpose of posting notices of non-liability for alterations, additions or
repairs, or for the purpose of placing upon the Leased Premises any usual or ordinary signs or
any signs for public safety as determined by Landlord. Landlord shall be permitted to do any of
the above without any liability to Tenant for any loss of occupation or quiet enjoyment of the
Leased Premises. Tenant shall permit Landlord, at any time within six (6) months prior to the
expiration of this Lease, to place upon the Leased Premises any usual or ordinary “For Lease”
signs, and during such six (6) month period Landlord or his agents may, during normal operating
hours, enter upon said Leased Premises and exhibit same to prospective tenants.
Estoppel Certificate. If, as a result of a proposed sale, assignment, or
hypothecation of the Leased Premises by Landlord, or at any other time, an estoppel certificate
may be requested of Tenant. Tenant agrees, within seven (7) days after written request, to deliver
such estoppel certificate in the form reasonable required by Landlord addressed to any existing
or proposed mortgagee or purchaser, and to Landlord, together with Tenant’s current financial
statements. Tenant shall be liable for any loss or liability resulting from any incorrect information
in the estoppel certificate, and such mortgagee and purchaser shall have the right to rely on such
estoppel certificate and financial statement.
Jurisdiction and Venue. The parties hereto agree that the State of California is
the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to
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either party as set forth herein shall be adequate service for such litigation. The parties further
agree that Los Angeles County, California is the proper venue for any litigation.
Successors in Interest. All covenants shall, subject to the provisions as to
assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the
parties.
Entire Agreement. This (i) Lease covers in full each and every agreement of every
kind or nature whatsoever between the parties hereto concerning this Lease; (ii) supersedes any
and all previous obligations, agreements and understandings between the parties, oral or written;
and (iii) merges all preliminary negotiations and agreements of whatsoever kind or nature herein.
Tenant acknowledges that no representations or warranties of any kind or nature not specifically
set forth herein have been made by Landlord or its agents or representatives.
Authority. Tenant represents that each individual executing this Lease on behalf
of Tenant is duly authorized to execute and deliver this Lease on behalf of Tenant, in accordance
with a duly adopted resolution of the Board of Directors, and that this Lease is binding upon Tenant
in accordance with its terms. Tenant represents and warrants to Landlord that the entering into this
Lease does not violate any provisions of any other agreement to which Tenant is bound.
Relationship of Parties. The relationship of the parties is that of Landlord and
Tenant. Landlord does not in any way or for any purpose become a partner of Tenant in the
conduct of Tenant’s activities, programs, services, or charitable purposes or activities.
Nondiscrimination. Tenant herein covenants for itself, its heirs, executors,
administrators and assigns and all persons claiming under or through it, and this Lease is made
and accepted upon and subject to the condition that there shall be no discrimination against or
segregation of any person or group of persons on account of race, sex, marital status, color,
creed, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure
or enjoyment of the Leased Premises herein leased, nor shall Tenant itself, or any person claiming
under or through it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the Leased Premises.
Notices. Wherever in this Lease it shall be required or permitted that notice and
demand be given or served by either party to the other party, such notice or demand shall be
given or served in writing and shall not be deemed to have been duly given or served unless in
writing, and (i) by being personally served which shall be deemed received as of the personal
deliver; (ii) by deliver by overnight carrier which shall be deemed received as of the delivery to the
party; or (iii) by certified mail return receipt requested, postage prepaid, addressed which shall be
deemed delivered three (3) days after deposit with the US Postal Service, to (a) Landlord, to City
of Rancho Palos Verdes, at 30940 Hawthorne Blvd, Rancho Palos Verdes, California 90275, Attn:
City Manager, with a separate concurrent copy to the City Attorney at the same address; and (b)
Tenant as specified in Section 1.6. Either party may change the address set forth herein by written
notice sent as provided hereinabove.
Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party shall impair such right or remedy or be construed as a waiver. A party’s consent
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to or approval of any act by the other party requiring the party’s consent or approval shall not be
deemed to waive or render unnecessary the other party’s consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Lease.
Force Majeure. If either party shall be delayed or prevented from the performance
of any act required in the Lease by reason of acts of God, strikes, lockouts, labor troubles, inability
to procure materials, restrictive governmental laws or regulations or other cause without fault and
beyond the control of the party obligated (financial inability excepted), performance of such act
shall be excused for the period of the delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay, provided such party provides
the other party written notice of such event within ten (10) days of the commencement of the
delay. Nothing in this Section shall excuse Tenant from the prompt payment of the annual rent or
other charge or payment required of Tenant except as may be expressly provided elsewhere in
this Lease.
Attorney’s Fees. In the event that any action or proceeding is brought by either
party to enforce any term or provision of this Lease, the prevailing party shall recover its
reasonable attorneys’ fees and costs incurred with respect thereto.
Recordation of Lease. In accordance with Government Code Section 37393, this
Lease shall be recorded in the Official Records of Los Angeles. Upon termination of the Lease,
Tenant shall execute and acknowledge any documents reasonably requested by Landlord in
order to terminate the Lease of record. This obligation shall survive termination of this Lease for
any reason.
Time. Time is of the essence of every provision of this Lease.
Exhibits Incorporated. Exhibits “E-1” & “E-2” attached to this Lease are made a
part hereof as if fully set forth herein.
IN WITNESS WHEREOF, the parties have duly executed this Lease on the day and year
first above written.
TENANT: LANDLORD:
,
a
By:
Its:
By:
Its:
RANCHO PALOS VERDES,
a municipal corporation
By:
John Cruikshank, Mayor
ATTEST
Teresa Takaoka, City Clerk
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APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Elena Q. Gerli, City Attorney
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EXHIBIT E-1
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California
legally described as:
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EXHIBIT E-2
LEASED PREMISES
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D-24 01203.0001/835260.1
STATE OF CALIFORNIA )
COUNTY OF )
) ss.
On , 2024 before me, , a notary public, personally
appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
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D-25 01203.0001/835260.1
STATE OF CALIFORNIA )
COUNTY OF )
) ss.
On , 2024 before me, , a notary public, personally
appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
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CITY COUNCIL MEETING DATE: 07/16/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to ratify emergency response services invoices and
approve Amendment No. 6 to the professional services agreement with Stay Green Inc.
for Citywide landscaping and general maintenance services.
RECOMMENDED COUNCIL ACTION:
1) Ratify payments to Stay Green, Inc. in the amount of $491,798 for emergency
response services related to the landslide emergency declaration and January 31
to February 9, 2024 winter storm;
2) Approve Amendment No. 6 to the Amended and Restated Professional Services
Agreement with Stay Green Inc. for Citywide landscaping and general
maintenance services, thereby extending the term through September 30, 2024
and increasing the contract sum by $444,000 for the period of July 1, 2024 through
September 30, 2024 to bring the total contract sum to $11,399,641 over the seven-
year and seven-month term of the agreement; and
3) Authorize the Mayor and City Clerk to execute Amendment No. 6 in a form
approved by the City Attorney.
FISCAL IMPACT: Emergency response services in the amount of $491,798 were
funded from the City’s Emergency Fund in the General Fund, which
may be eligible for reimbursement through the Federal Emergency
Management Agency (FEMA) disaster recovery program with a City
cost share of no less than 6.25%. It is important to note that some of
the emergency work is related to the accelerated landslide
movement resulting from the January 31 to February 9, 2024 severe
winter storm, for which a federal disaster was declared by President
Biden. However, the California Governor’s Office of Emergency
Services (CalOES) informed the City that landslides are considered
pre-existing conditions and are typically not considered for damage
recovery. CalOES also stated that if the City can demonstrate that
the land movement was accelerated due to the winter storm and
meet other requirements, the City may be eligible for damage
recovery costs. Staff continues to work closely with CalOES and
FEMA to pursue cost recovery for these expenditures.
Approval of Amendment No. 6 will result in an expenditure of up to
$444,000 for the period July 1, 2024 through September 30, 2024,
RANCHO PALOS VERDES
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which is equivalent to three-months of the adopted Fiscal Year
2024-25 budget. VR
Amount Budgeted: $1,776,000
Additional Appropriation: N/A
Account Number(s): 101-400-3150-5201 $295,000 (General Fund – Trails & Open Space Repair & Maint. Services
101-400-3151-5201 $ 770,000 (General Fund – Parks Maint, Repair & Maint. Services)
202-400-3180-5201 $388,000
(Gas Tax – Landscape Maint., Repair & Maint. Median Services)
221-400-3180-5201 $ 292,000
(Measure M – Repair & Maint. Services)
223-400-0000-5201 $31,000
(Subregion 1 Fund – Repair & Maint. Services) VR
ORIGINATED BY: Juan Hernandez, Public Works Maintenance Superintendent
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 6 to the Professional Services Agreement with Stay Green
Inc. (page A-1) Forthcoming as Late Correspondence
B. Amendment No. 5 to the Professional Services Agreement with Stay Green
Inc. (page B-1) Forthcoming as Late Correspondence
C. Emergency Response Services Invoices (page C-1) Forthcoming as Late
Correspondence
BACKGROUND:
On February 1, 2017, the City entered into a three-year Professional Services Agreement
(Agreement) with Stay Green, Inc. (Stay Green) for landscaping, trash removal, general
maintenance, and emergency response services for City parks, rights-of-way, trails, and
open spaces. The Agreement included three additional one-year optional extensions. The
total sum of the Agreement was not to exceed $3,224,909 with an annual limit of
$1,074,969.
On October 17, 2017, the City Council approved Amendment No. 1 to the Agreement,
increasing the level-of-effort and the not-to-exceed sum to $3,739,234 with an annual limit
of $1,332,132.
On June 18, 2019, the City Council approved Amendment No. 2 to the Agreement, adding
brush clearance fuel modification services. These services were for areas where goats
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cannot perform fuel modification because of access constraints or because manual
removal methods are necessary. This increased the not -to-exceed sum to $3,838,949
with an annual limit of $1,431,864.
On February 4, 2020, the City Council exercised the first one -year extension option,
extending the expiration date of the Agreement to February 4, 2021, and entering into an
Amended and Restated Agreement, thereby resetting the amendment numbering
system. The sum of the revised Agreement increased to a not-to-exceed amount of
$5,245,922 with an annual limit of $1,406,973.
On June 16, 2020, the City Council approved Amendment No. 1 to the Amended and
Restated Agreement, further expanding fuel modification services. The sum of the
Amended and Restated Agreement was increased to $5,400,060 with an annual limit of
$1,561,111.
On February 2, 2021, the City Council exercised the second one -year extension option
by approving Amendment No. 2 to the Amended and Restated Agreement. This extended
the expiration date to February 4, 2022, and increased the not-to-exceed contract sum to
$6,961,172 with an annual limit of $1,561,111.
On January 18, 2022, the City Council exercised the third one -year extension option by
approving Amendment No. 3 to the Amended and Restated Agreement. This extended
the expiration date to February 4, 2023, and increased the not-to-exceed contract sum to
$8,522,283 with an annual limit of $1,561,111.
On January 17, 2023, the City Council approved Amendment No. 4 to the Amended and
Restated Agreement, aligning the term to the City’s fiscal year by extending the
Agreement to June 30, 2023, and adding another one -year optional extension through
June 30, 2024 to allow time to re-solicit the services provided in the agreement. The sum
of the Amended and Restated Agreement was increased to $9,231,641 with an annual
limit of $1,724,000.
On June 20, 2023, the City Council exercised the additional one -year extension option by
approving Amendment No. 5 to the Amended and Restated Agreement to allow time to
re-solicit the services provided in the Agreement. This extended the expiration date to
June 30, 2024, and increased the not -to-exceed contract sum to $10,955,641 with an
annual limit of $1,724,000. (Attachment B)
DISCUSSION:
Regular Services
In anticipation of the expiration of Amendment No. 5, Staff prepared a new solicitation for
the services covered by the existing Agreement. On March 14,2024, Staff advertised a
Request for Proposals (RFP) on the PlanetBids platform for landscaping, trash removal,
general maintenance, and emergency response services for City parks, rights-of-way,
trails, and open spaces. Proposals were received from two firms by the RFP deadline of
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April 25, 2024. Staff evaluated the proposals and determined that neither proposal was
responsive to the RFP because the proposals included incomplete pricing or variations in
the pricing structure. Therefore, in consultation with the City Attorney, Staff rejected both
proposals.
Staff is now in the process of revising the RFP to make it clearer so that potential
proposing firms can more easily submit responsive proposals. Staff estimates that
approximately three months will be needed to revise the RFP, re -issue the solicitation,
evaluate proposals, and award a new agreement. However, as the current Agreement is
expiring, an additional amendment is needed to prevent a gap in services. Stay Green
has agreed to extend its Agreement at the rates currently in effect. Therefore, Staff
recommends increasing the sum and extending the term of the current Amended and
Restated Agreement while services are re-solicited.
Emergency Services
On October 3, 2023, the City Council adopted a resolution declaring the existence of a
local emergency within the geographic boundaries of the Greater Portuguese Bend
Landslide Complex. Staff was directed to implement any mitigation measures that could
slow landslide movement and to assist the Abalone Cove Landslide Hazard Abatement
District and the Klondike Canyon Landslide Hazard Abatement District with their efforts
to slow landslide movement within the Abalone Cove Landslide and the Klondike Canyon
Landslide, respectively. The local emergency has been timely extended since its
declaration and remains in effect.
From January 31 through February 9, 2024, the City was subjected to a severe winter
storm for which a federal disaster was declared by President Biden.
These two emergencies required the City to immediately deploy resources from Stay
Green to respond in a timely manner. The emergency response work was not part of the
Stay Green contract, but Staff could not wait to deploy Stay Green resources until after
the agreement was amended to add the emergency response services. Additionally, the
emergency services level of effort could not be easily enumerated as the situation, and
needed response, was evolving quickly. Therefore, Staff directed Stay Green to perfo rm
emergency work with the intent of returning to the City Council at the earliest opportunity
to ratify payment for the emergency work.
The emergency work included some immediate response to the winter storm such as
installing sandbags and clearing debris that had washed into roadways. Additionally, the
emergency work included responding to landslide acceleration resulting from the winter
storm such as filling fissures and clearing vegetation to allow access to Klondike Canyon,
Vanderlip Canyon, and Kelvin Canyon for landslide mitigation measures.
At this time, Staff believes that the majority of the emergency work requiring Stay Green
resources has been completed. Therefore, Staff recommends the City Council ratify
payment for these emergency services in the amount of $491,798 (Attachment C). The
emergency work was funded using the City’s emergency fund in General Fund. The cost
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of the emergency work may be eligible for reimbursement through the FEMA disaster
recovery program.
It is important to note that some of the emergency work is related to the accelerated
landslide movement resulting from the winter storm. However, CalOES informed the City
that landslides are considered pre-existing conditions and are typically not considered for
damage recovery. CalOES also stated that if the City can demonstrate that the land
movement was accelerated due to the winter storm and meet other requirements, the City
may be eligible for damage recovery costs. Staff continues to work closely wit h CalOES
and FEMA to pursue cost recovery for these expenditures, which would require a cost
share of at least 6.25% from the City.
ADDITIONAL INFORMATION:
The landscape services and general maintenance agreement with Stay Green has, at
various times, included fuel modification work (where goats cannot be deployed).
However, fuel modification services were separated during 2023 and are now under a
separate contract rather than this amended and re-stated agreement.
CONCLUSION:
Staff recommends ratifying payment for emergency services in the amount of $491,798
and approving Amendment No. 6 to the Amended and Restated Professional Services
Agreement with Stay Green (Attachment A) for landscaping, trash removal, general
maintenance, and emergency response services for City parks, rights-of-way, trails, and
open spaces; extending the term through September 30, 2024, and increasing the
contract sum by $444,000 for the period of July 1, 2024 through September 30, 2024 to
bring the total contract sum to $11,399,641 over the seven-year and seven-month term
of the agreement.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not approve Amendment No. 6 to the Amended and Restated Professional
Services Agreement with Stay Green Inc., ceasing landscaping and general
maintenance services while the services are re-solicited.
2. Take other action, as deemed appropriate.
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