1 ROSE BOWL OPERATING COMPANY NOTICE INVITING BIDS

ROSE BOWL OPERATING COMPANY
NOTICE INVITING BIDS
FURNISH LABOR AND MATERIALS FOR LANDSCAPE MAINTENANCE
Three (3) copies of sealed bids will be received prior to 2:00 P.M. PST on July 8, 2015,
by George W. Cunningham, AGM/COO, at the Rose Bowl Administrative Offices, 1001
Rose Bowl Drive, Pasadena, CA 91103, and will be opened at that time and place.
The bids shall be clearly titled:
“Furnish Labor and Materials for Landscape Maintenance”
The bids shall be clearly titled. Copies of the Specifications may be obtained by mail or
in person from the Rose Bowl Administrative Offices, 1001 Rose Bowl Drive, Pasadena,
CA, 91103,Telephone No. (626) 577-3100, or on the Rose Bowl website at
www.rosebowlstadium.com.
Refer to the specifications for complete details and bidding requirements. The
Specification and this Notice shall be considered a part of any contract made pursuant
thereunder.
A mandatory pre-bid conference will be held at which time each bidder will have the
opportunity to clarify and ask questions regarding the Specifications. The pre-bid
conference will be held at 10:00 A.M. PST, July 1, 2015, at the Rose Bowl Stadium,
Pasadena, CA 91103.
Bid security in the amount of five percent (5%) of the total bid price in the form of
cash, a certified or cashier’s check, money order, or surety bond must
accompany the proposal.
Refer to the Specifications for complete details and bid requirements. The
Specifications and this Notice shall be considered a part of any contract made pursuant
thereto.
DATED: June 22, 2015
1
_________________________________
ROSE BOWL OPERATING COMPANY
Instructions to Bidders
and
Specifications for
FURNISH LABOR AND MATERIALS FOR LANDSCAPE MAINTENANCE
RBOC personnel with whom prospective bidders will deal with are:
George W. Cunningham, COO, Rose Bowl Stadium, Pasadena, California, (626) 5773100
Bid opening time is 2:00 P.M. PST on July 8, 2015
Bids will be received and opened at the Rose Bowl Administrative Offices, 1001 Rose
Bowl Drive, Pasadena, CA 91103.
The bid must be received by the Rose Bowl Operating Company COO prior to the
time set for bid opening. A bid received after the time set for the bid opening shall
not be considered.
2
Table of Contents
NOTICE INVITING BIDS ........................................................................................................................................... 1
INSTRUCTIONS TO BIDDERS ................................................................................................................................... 5
1.0 GENERAL INSTRUCTIONS .............................................................................................................................. 5
1.1 GENERAL BID REQUIREMENTS.........................................................................................................................5
1.2 BIDDER’S GUARANTEE .....................................................................................................................................5
1.3 BIDDER MUST MAKE THOROUGH INVESTIGATION .........................................................................................5
1.4 ACCEPTANCE OF CONDITIONS .........................................................................................................................5
1.5 TRUTH AND ACCURACY OF REPRESENTATION.................................................................................................6
1.6 CITY CHANGES TO THE BID DOCUMENTS. .......................................................................................................6
1.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT...................................................................6
1.8 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS ..........................................................................6
1.9 ERRORS AND OMISSIONS ................................................................................................................................7
1.10
PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES…….. ......................................7
1.11
TAXES ..........................................................................................................................................................7
1.12
LOCAL BIDDERS; REFUND OF SALES AND USE TAX ......................................................................................7
1.13
SPECIAL REQUIREMENTS OF CONTRACTORS ..............................................................................................7
2.0 SPECIAL CITY REQUIREMENTS ....................................................................................................................... 7
2.1 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING ................................................................................7
2.2 DECLARATION OF NON-COLLUSION BY CONTRACTOR ....................................................................................8
2.3 LOCAL PREFERENCES. ......................................................................................................................................8
3.0 GENERAL SPECIFICATIONS ............................................................................................................................ 8
3.1 BID PROPOSAL QUANTITIES .............................................................................................................................8
3.2 EVALUATION OF BID ........................................................................................................................................9
3.3 SAMPLE CONTRACT .......................................................................................................................................10
3.4 LICENSE AND PERMITS...................................................................................................................................10
3.5 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES .............................................................................10
3.6 BID YOUR FULL EQUAL OR BETTER.................................................................................................................10
3.7 PASADENA LIVING WAGE ORDINANCE ..........................................................................................................10
3.8 PREVAILING WAGE RATE PROJECT ................................................................................................................11
3.9 NOTICE REQUIREMENTS ................................................................................................................................11
3.10
PAYMENT ..................................................................................................................................................11
3.11
LIABILITY INSURANCE................................................................................................................................11
3.12
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS FORM W-9) ......................11
3.13
DURATION OF CONTRACT .........................................................................................................................11
3.14
PRICE ADJUSTMENTS ................................................................................................................................11
4.0 BID SPECIFICATIONS FOR: LANDSCAPE MAINTENANCE............................................................................... 12
4.1 GENERAL REQUIREMENTS ....................................................................................................................................12
5.0
BIDDER’S PROPOSAL ................................................................................................................................... 21
6.0
SIGNATURE PAGE AND LEGAL STATUS ........................................................................................................ 24
7.0 ATTACHMENTS ........................................................................................................................................... 25
BIDDER’S CHECKLIST ...............................................................................................................................................26
DECLARATION OF NON-COLLUSION BY CONTRACTOR ..........................................................................................27
3
VENDOR QUESTIONNAIRE (FORM AA-1) .............................................................................................................. 28
PROJECT WORKFORCE UTILIZATION (FORM AA-2) ...........................................................................................................30
CURRENT PERMANENT WORKFORCE UTILIZATION (FORM AA-3) ........................................................................................31
LIVING WAGE COMPLIANCE CERTIFICATION .....................................................................................................................32
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS FORM W-9)...................................33
INSURANCE REQUIREMENTS .................................................................................................................................38
SAMPLE CONTRACT ................................................................................................................................................39
4
INSTRUCTIONS TO BIDDERS
1.0 GENERAL INSTRUCTIONS
1.1
GENERAL BID REQUIREMENTS:
To be considered, a bidder must follow the format for bids in the specifications. Bids
must be binding and firm. Any bid may be withdrawn before bid opening but not for 90
days after opening.
1.2
BIDDER’S GUARANTEE:
Bid security in the amount of 5% of the bid amount in the form of cash, cashier's check,
money order or surety bond, meeting RBOC requirements, must accompany all bids. If
the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after
such award fail or neglect to enter into the contract and file the required bonds, the
RBOC may deposit in its treasury said bid security and, under no circumstances, shall it
be returned to the defaulting Bidder.
1.3
BIDDER MUST MAKE THOROUGH INVESTIGATION:
It is the bidder's responsibility to examine the location of the proposed work, to fully
acquaint themselves with the specifications and the nature of the work to be done. The
bidder shall have no claim against the RBOC based upon ignorance of the nature and
requirements of the project, misapprehension of site conditions, or misunderstanding of
the specifications or contract provisions.
1.4
ACCEPTANCE OF CONDITIONS:
By submitting a bid, each bidder expressly agrees to and accepts the following
conditions:
1.4.1 All parts of the Instructions to Bidders and Specifications will
become part of the Contract between the selected bidder and the RBOC;
1.4.2 The RBOC may require whatever evidence is deemed necessary
relative to the bidder's financial stability and ability to complete this project;
1.4.3 The RBOC reserves the right to request further information from
the bidder, either in writing or orally, to establish any stated qualifications;
1.4.4 The RBOC reserves the right to solely judge the bidder's
representations, and to solely determine whether the bidder is qualified to
undertake the project pursuant to the criteria set forth herein. The bidder,
by submitting a bid, expressly acknowledges and agrees that the
judgment of the RBOC as to whether or not the bidder is qualified to
perform the project, shall be final, binding and conclusive;
1.4.5 The RBOC reserves the right to reject all bids, waive any
irregularity in any of the bids, or cancel or delay the project at any time;
5
1.4.6 This bidding process does not commit the RBOC to award any
contract, and the RBOC is not liable for any costs incurred by the bidder in
the preparation and submission of a bid.
1.5
TRUTH AND ACCURACY OF REPRESENTATION
False, incomplete or unresponsive statements in connection with the bid may be
sufficient cause for rejection of a bidder.
1.6
RBOC CHANGES TO THE BID DOCUMENTS.
The RBOC reserves the right to change any part of these Instructions to Bidders and
Specifications any time prior to the bid opening. Any changes shall be in the form of
addenda and will become a part of the bid documents and of the contract. Addenda
shall be made available to each bidder. A bidder's failure to address the requirements
of the addenda may result in the bid not being considered. If the RBOC determines that
a time extension is required for the bid, the addenda will give the new submission date.
1.7
NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT:
All bids accepted by the RBOC shall become the exclusive property of the RBOC.
Upon opening, all bids accepted by the RBOC shall become a matter of public record
and shall be regarded as public, with the exception of those elements of each bid which
are identified by the bidder as business or trade secrets and plainly marked as "trade
secret," "confidential," or "proprietary." Each element of a bid which a bidder desires
not to be considered a public record must be clearly marked as set forth above, and any
blanket statement (i.e., regarding entire pages, documents, or other non-specific
designations) shall not be sufficient and shall not bind the RBOC in any way
whatsoever. If disclosure is required under the California Public Records Act or
otherwise by law (despite the bidder's request for confidentiality), the RBOC shall not in
any way be liable or responsible for the disclosure of any such records or part thereof.
1.8
AWARD OF BID AND DETERMINATION OF RESPONSIVENESS:
The contract shall be awarded to the lowest responsive and responsible bidder. In
determining whether a bidder is responsible and responsive, the following shall be
considered:
1.8.1 The quality of the material offered;
1.8.2 The ability, capacity and skill of the bidder to perform the contract
or provide the material or services;
1.8.3 Whether the bidder can perform the contract or provide the
service promptly, or within the time specified, without delay or
interference;
1.8.4 The sufficiency of the bidder's financial resources and the effect
thereof on his ability to perform the contract or provide the material or
services;
6
1.8.5 The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
1.8.6 The quality and timeliness of the bidder's performance
on
previous orders or contracts for the RBOC;
1.8.7 Litigation by the bidder on previous orders or contracts with the
RBOC;
1.8.8 The ability of the bidder to provide future maintenance and service
where such maintenance and service is essential;
1.9
ERRORS AND OMISSIONS:
Bidders shall not be allowed to take advantage of any errors or omissions in the
Instructions to Bidders or Specifications. Full instructions will be given if such error or
omission is discovered and timely called to the attention of the RBOC.
1.10 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK
FEES:
Each bidder shall include in the price bid any patent fees, royalties and charges on any
patented article or process to be furnished or used in the prosecution of the Work.
1.11 TAXES:
Price bid shall include all federal, state, local and other taxes.
1.12 LOCAL BIDDERS; REFUND OF SALES AND USE TAX:
For the purpose of determining the lowest bidder on a contract for materials and
supplies only, 1% of that portion of the bid subject to sales or use tax shall be deducted
from any bid where it is determined that if such bidder were awarded the contract, the
City would receive a refund of the 1% sales and use tax pursuant to the Uniform Sales
and Use Tax Ordinance of the City of Pasadena.
1.13 SPECIAL REQUIREMENTS OF CONTRACTORS:
There is a separate packet of forms as part of these specifications that a bidder must
complete to establish compliance with a number of special City of Pasadena
requirements, including, but not limited to, Equal Employment and Affidavit of Non
Collusion. These forms and their instructions should be considered an integral part of
the specifications and failure to complete them shall be grounds, in the sole discretion of
the RBOC, for rejection of any bidder.
2.0 SPECIAL RBOC REQUIREMENTS
2.1
EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING:
2.1.1 Policy - The City of Pasadena is committed to a policy of Equal
Employment:
Contracting. Contractors expressly agree to comply with the City’s
ordinances and regulations regarding Equal Opportunity Employment as
7
well as regulations that may be mandated by the source of the funds
supporting this contract.
2.1.2 Compliance – To the extent permitted by law, Contractor
expressly agrees to establish compliance with the Equal Employment
Opportunity Practices Provisions of Chapter 4.08 of the Pasadena
Municipal Code, and the Rules and Regulations adopted pursuant to said
ordinance.
The successful bidder may be required to submit documentation during
the term of the contract to evidence on going compliance with the City’s
Equal Opportunity Practices Provisions.
Such documentation may
include, but not be limited to certified payroll records and Current
Permanent Workforce Utilization reports.
Required Forms – Each bidder must submit a completed Form AA-1.
Failure to submit this form will result in automatic disqualification with no
exceptions unless bidder has an approved Form on file with the City.
Questions regarding Chapter 4.08 of the Pasadena Municipal Code and
regulations adopted pursuant thereto should be directed to the
Department of Finance, Purchasing & Payables Division 626.744.6755.
2.2 DECLARATION OF NON-COLLUSION BY CONTRACTOR:
The RBOC requires that each bidder executes and submits to the RBOC with the Bid,
the attached Declaration of Non-Collusion.
2.3 LOCAL PREFERENCES.
The City of Pasadena is committed to promoting the economic health and well being of
its residents. To this end, contractor agrees to recruit Pasadena residents initially and
to give them preference, if all other factors are equal, for any new positions that result
from the performance of this contract and which are performed within the City.
3.0 GENERAL SPECIFICATIONS
3.1
BID PROPOSAL QUANTITIES:
The quantities contained in the bid documents are approximate only and are for the sole
purpose of comparing bids. The RBOC may, in accordance with the specifications,
order more equipment and/or materials as necessary at the RBOC's sole discretion, as
increased by the unit price noted and payment will be made for the amount of material
actually provided as determined by the RBOC and accepted at the unit prices noted in
the bid.
8
3.2
EVALUATION OF BID:
Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders'
Proposal. The contract award will be made from among responsive and responsible
bidders. In case of a discrepancy between the unit prices and item total, the unit price
shall govern. In the event of a discrepancy between the item totals and the grand total
price the item totals shall prevail. The prices will be subject to adjustment by the RBOC
on that basis in the event of discrepancy and bid awarded.
3.2.1 Alternative Bid Items
The low bidder for purposes of award shall be the conforming responsive and
responsible bidder offering the low aggregate amount for the first or base bid item, plus
or minus (in the order of priority listed in the schedule) those alternative bid items
providing the most features of the work within the funds determined by the RBOC to be
available before bids are opened. If addition of another bid item in the listed order of
priority would make the award exceed such funds for all bidders, it shall be skipped and
the next subsequent alternative bid item in a lower amount shall be added if award
therein can be made within such funds. For example, when the amount available is
$100,000 and a bidder's base bid and four successive additives are $85,000, $10,000,
$8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award
would be $99,000 for the base bid plus the first and fourth alternatives, the second and
third alternatives being skipped because of each of them would cause the aggregate bid
to exceed $100,000. In any case all bids shall be evaluated on the basis of the same
alternative bid items, determined as above provided. The listed order of priority need be
followed only for determining the low bidder. After determination of the low bidder as
stated, award in the best interests of the RBOC may be made on the selected first or
base bid item and any combination of alternative items for which funds are determined
to be available at the time of the award, provided that award on such combination of bid
items does not exceed the amount offered by any other conforming responsible bidder
for the same combination of bid items.
Evaluation:
Alternative Bid Items
(a) The low bidder and the items to be awarded shall be determined as follows—
(1) Prior to the opening of bids, the RBOC will determine the amount of funds available for the
project.
(2) The low bidder shall be the Bidder that—
(i) Is otherwise eligible for award; and
(ii) Offers the lowest aggregate amount for the first or base bid item, plus or minus (in the order
stated in the list of priorities in the bid schedule) those alternative bid items that provide the most
features within the funds determined available.
(3) The Owner shall evaluate all bids on the basis of the same alternative items.
(i) If adding another item from the bid schedule list of priorities would make the award exceed the
available funds for all bidders, the Owner will skip that item and go to the next item from the bid
schedule of priorities; and
(ii) Add that next item if an award may be made that includes that item and is within the available
funds.
(b) The Owner will use the list of priorities in the bid schedule only to determine the low bidder. After
determining the low bidder, an award may be made on any combination of items if—
(1) It is in the best interest of the RBOC;
(2) Funds are available at the time of award; and
9
(3) The low bidder's price for the combination to be awarded is less than the price offered by any
other responsive, responsible bidder.
(c) Example. The amount available is $100,000. Bidder A's base bid and four alternatives (in the
order stated in the list of priorities in the bid Schedule) are $85,000, $10,000, $8,000, $6,000, and
$4,000. Bidder B's base bid and four alternatives are $80,000, $16,000, $9,000, $7,000, and $4,000.
Bidder A is the low bidder. The aggregate amount of bidder A's bid for purposes of award would be
$99,000, which includes a base bid plus the first and fourth alternatives. The second and third
alternatives were skipped because each of them would cause the aggregate bid to exceed
$100,000.
3.3
SAMPLE CONTRACT:
A sample of the contract the successful bidder will be required to enter into with the
RBOC is attached hereto and by this reference incorporated herein and made part of
these specifications.
3.4
LICENSE AND PERMITS:
Contractor shall obtain and pay for any required business license under Title 5 of the
Pasadena Municipal Code.
For further information contact Municipal Services
Department at (626) 744-4166, Monday-Friday between 8am and 5pm.
3.5
SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES:
Wherever these Specifications specify any material or process by patent or proprietary
name, or by name of manufacturer, such specification is only for the purpose of
describing the material or process desired and shall be deemed to be followed by the
words and/or approved equivalent. Any bidder may offer in the proposal any material or
process that is equivalent in every respect to the material or process specified. This
statement of alternate unit shall clearly describe the material or process for which the
substitution is proposed and shall provide technical data establishing equivalency.
3.6
BID YOUR FULL EQUAL OR BETTER:
Materials and equipment furnished shall be new, complete, ready-for-use and of the
latest model, shall not have been used in demonstration or other services and have all
the usual equipment as shown by manufacturer’s current specifications and catalogs
unless otherwise specified.
3.7
PASADENA LIVING WAGE ORDINANCE:
This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena
Municipal Code Chapter 4.11. The Ordinance requires that contractors providing labor
or services to the City under contracts in excess of $25,000.
The selected contractor will be required to evidence compliance with the Living Wage
Ordinance by submitting payroll records as requested by the RBOC. Each record shall
include the full name of each employee performing labor or providing services under the
contract; job classification; rate of pay and benefit rate.
Failure to comply with the provisions of the Pasadena Living Wage Ordinance is
grounds for termination of the contract and a basis for penalties as stated in Pasadena
Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage
Ordinance should be directed to:
Finance Department
Purchasing Division
10
626-744-6755 - phone
626-744-6757 – fax
3.8
PREVAILING WAGE RATE PROJECT:
The prevailing wage rate provisions of Section 1770-1777 of the Labor Code and
Section 7-2, entitled "Labor", of the Standard Specifications shall apply to this project.
However, if there is a difference between the Pasadena Living Wage and Prevailing
Wage rates for similar classifications of labor, the contractor and his subcontractors
shall pay no less than the highest wage rate.
3.9
NOTICE REQUIREMENTS:
No contractor or subcontractor may be listed on a bid proposal for a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public
works project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
3.10 PAYMENT:
Payment will be made monthly when an invoice has been submitted.
3.11 LIABILITY INSURANCE:
Proof of insurance is not required to be submitted with your bid, but will be required prior
to the City's award of the contract. A copy of the City standard is included in the
Attachments.
3.12 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
(IRS Form W-9):
Each bidder must submit a completed and signed IRS Form W-9. Failure to submit this
form may result in the bidder being deemed non-responsive.
3.13 DURATION OF CONTRACT:
The initial term of the contract resulting from these Specifications shall be for 2 year
from the date of execution by the RBOC/City. The contract may be extended for 3
optional one-year extension periods subject to the approval of the RBOC General
Manager.
3.14 PRICE ADJUSTMENTS:
At the conclusion of the first contract year and prior to the commencement of the
second contract year or any subsequent contract extension period, the contractor may
request unit price increases. Under no circumstances shall the City accept price
increases, which exceed the rate of the then current Producer Price Index (C.P.I.) for
the latest available preceding 12 month period.
11
4.0 BID SPECIFICATIONS FOR: FURNISH LABOR AND MATERIALS FOR
LANDSCAPE MAINTENANCE
4.1
GENERAL REQUIREMENTS
4.1.1 Intent
It is the intent of Rose Bowl Operating Company (RBOC), hereinafter named as Owner
to execute a contract between the Owner and a Landscape Maintenance Contractor
capable of maintaining the specified properties in a manner complimenting of RBOC.
Therefore, it is vital that such a service be performed in a professional manner
consistent with the highest landscape maintenance industry standards.
4.1.2 Work Included
The Contractor shall furnish all supervision, labor, materials, equipment and all other
services necessary for the complete maintenance of all designated landscaped areas in
the stadium’s perimeter, concourse, brick plaza and rose median planters, in keeping
with the highest standards of quality and performance. This section constitutes the work
required for the Base Bid amount. Alternative items to the Base Bid amount are stated
in section 4.5 of the Specifications.
The Contractor is responsible for the clean-up of any debris, weeds, trash, etc. in all
planted areas and for its removal into Owner-provided trash receptacles.
The Contractor shall repair or replace damage attributable to insignificant minor
vandalism, mischief, animals, storms, irrigation failure and similar causes as a normal
part of maintenance operations.
The Contractor shall repair and maintain all irrigation equipment including but not limited
to valves, controllers, pipelines, and low voltage electrical lines as a normal part of
maintenance operations.
4.1.3 Drainage Facilities:
Contractor shall be responsible for weekly inspection of surface drains located within
the landscaped areas. These drains shall be cleared during inclement weather to
assure proper functioning. Remove any debris or vegetation that might accumulate at
the inlet to prevent proper water flow.
4.1.4 Protection of Property During Inclement Weather:
During periods of storms, the Contractor shall provide supervisory inspections of the
project during regular assigned hours to prevent or minimize possible damage from
inclement weather. Contactor shall report any storm damage to the Owner
representative immediately, if remedial work is requested beyond the scope of this
agreement, it shall be paid for as extra work.
4.1.5 Protection of Existing Facilities and Structures:
Contractor shall exercise due care in protection from damage of all existing facilities,
structures and utilities, both above surface and underground, on the Owner’s property.
Any damage to Owner’s property deemed to be caused by the Contractor’s neglect
shall be corrected or paid for the by the Contractor at no cost to the Owner. If the
12
Owner‘s Representative requests or directs the Contractor to perform work in a given
area, it will be the Owner’s responsibility to verify and locate any underground systems,
i.e., utility lines. This does not release the Contractor from the responsibility for taking
reasonable precautions when working in these areas. Any damage or problem shall be
reported immediately to the Owner’s Representative.
4.1.6 Uniforms:
Contractor shall be required to provide uniforms of employee identification for all
personnel working on the Owner’s property (example: Caps or T-Shirts bearing
Contractor’s Company Name/Logo). All personnel shall present a neat, clean
appearance.
4.1.7 Owner Liaison:
Contactor shall meet with Owner’s Representative bi-weekly for the purpose of
communicating any problems or levels of services. Contractor shall provide Owner
Representative, at no additional charge with reports, if requested. These reports may
include such information as:
i.
ii.
iii.
Suggestions for improving planting or irrigation
Cost estimates for remedial or additional work.
Reports of work performed or planned
4.1.8 Supervision:
Contractor shall personally supervise all work or shall have another competent person,
able to speak, read and write in English, to supervise employees and interact with
Owner Representative.
4.1.9 Project Inspections:
Upon request the Contractor or his representative shall walk the project with the
Owner’s Representative for the purpose of determining compliance with the
specifications. A minimum of one inspection per month will be requested.
4.1.10 Service Schedule:
Contractor shall give Owner Representative a written schedule of service days and
times prior to commencement of work. Contractor shall notify Owner Representative in
advance of any schedule deviations. Onsite requirements will vary from project to
project.
4.1.11 Soil Analysis and Plant Testing:
Contractor may be directed to take samples of soil or plant tissue for testing purposes.
These tests shall be used to determine specific causes of plant failure, fertility levels,
etc. If these tests are requested, the laboratory cost will be paid for by the Owner, The
labor cost as a result of taking the test shall be borne by the Contractor.
4.1.12 Certification of Materials:
All materials specified shall be delivered to the site in original containers with the name
of the product, manufacturer and chemical date of analysis plainly marked on the
containers. Material Data and Safety Sheets for all materials used to complete the
scope of work must be submitted to Owner Representative.
13
4.1.13 Substitutions:
Whenever a specific type of material is specified i.e., irrigation supplies, plant material,
fertilizer etc., no substitutions shall be allowed without prior written consent of Owner
Representative.
4.1.14 Plant Additions and/or Replacements:
As part of this Agreement, the Contactor may be requested to replace damaged or
destroyed plant material and remedial work. Such work will be considered as extra work
by the Owner’s Representative unless specified within these specifications. Exceptions
will be replacements due to Contractor’s neglect.
4.1.15 State and Local Code Compliance
Contractor shall meet and work within all State and local codes. Regular work hours
are between 7:30 a.m. and 5:30 p.m.
4.1.16 Extra Work:
In the event the Contractor is requested and agrees to perform work above which is
specified under this contract, the following procedure shall govern such work:
1. Work will be executed under a time and material basis or an agreed upon lump sum
price, depending on the nature of the work.
2. Extra work will be itemized showing material and labor costs on a separate monthly
billing. A site map must be included where said works was completed.
3. Extra work may include, but not be limited to:
a. Replacement of plant materials due to failures beyond the Contractor’s
control.
b. Replacement of worn or damaged valves, quick couples, etc. (Except as
damaged by Contractor).Any additional treatment required for planting (i.e.,
soil amendments, irrigation) as not specified in this specification.
c. Soil or plant testing.
d. Repairs or replacements due to vandalism or Acts of God.
e. Tree pruning less than ten (10) feet high.
NOTE: This agreement does not grant Contractor exclusive right to said extra work.
4.1.17 Remedial Landscaping:
No changes shall be made to the existing landscape unless so directed in writing by
Owner Representative, as designated by the RBOC General Manager.
4.1.18 Facilities Usages:
Restrooms and vending machines located on-site can only be used at designated
locations as directed by Owner’s representative.
4.1.19 Construction at Existing Sites:
Contractor shall be responsible for informing the Owner Representative of any problems
that may arise from the new construction at existing sites.
14
4.1.20 Equipment/Vehicles
Contractor shall supply their own equipment and vehicles. Contractor may use On-Site
trash bins for disposal.
4.1.21 Irrigation Materials:
Owner shall supply all irrigation supplies. Any additional supplies provided by the
Contractor shall not exceed a 10% markup with an itemized receipt.
4.2
SAFETY
1. Safety vests shall be worn at all times while working near traffic areas.
2. Safety cones shall be used while working in median or near traffic areas.
3. Safety cones shall always be set in front of and at the rear of Contractor vehicles.
“Front” cone shall not be necessary when parked head-in a parking stall
4. When mowing, grass catchers shall be used at all times to prevent grass or debris
from blowing into the street
5. When blowers are used to clean curb, debris shall always be blown away form the
street and onto the median area.
6. Proper safety protection shall be worn by workers at all times when operating power
equipment.
a. Safety Glasses
b. Hearing protection
c. Safety Vests
d. If a vehicle must be stopped in the traffic lane, all proper precautions must be
followed:
i. Cones set out at proper intervals.
ii. Flashing hazard lights on vehicles.
iii. Care must be taken at all times so as not to impede the flow of traffic.
iv. All irrigation checks must be completed during off-traffic hours (before
8:00 a.m.) to minimize the possibility of over spray onto passing
vehicles.
v. No standing or riding in the backs of trucks or trailers.
vi. Contractor warrants and represents that he shall comply with all
Safety, O.S.H.A. requirements, local and federal requirements, which
are not listed within these specifications.
vii. Contractor shall supply and wear proper PPE in construction zones.
4.3
SCOPE OF WORK
The Contractor shall perform the following landscaping services for the specified areas
and systems:
4.3.1
Ground Cover Area
A. Appearance
Groundcover areas shall be kept neat in appearance at all times. Contractor shall notify
Owner if additional plant material is needed or modification to irrigation system is
needed.
15
B. Pruning
Edge ground cover every month to keep from spreading over walks, curbs, shrubs,
trees or walls.
C. Weed Control
Maintain groundcover beds free of weeds. Use recommended, legally approved
herbicides in legally permitted manner to control weed growth in open areas whenever
possible. Pre-emerge applications as needed.
D. Watering.
Verify area is watered enough for moisture to penetrate throughout the root zone, and
only as frequently as necessary to maintain healthy growth. Plant material will never be
allowed to deteriorate due to an inoperable irrigation system. Contractor will
troubleshoot the system immediately upon observing a change in plant condition and
immediately notify Owner Representative. Contractor must adhere to City’s current
water restrictions.
E. Pest Control
Shrubs will be treated as necessary for pest infestation with legally approved pesticides
and fungicides.
4.3.2
Trees
A. Appearance
Unless specifically accepted, shrubs and small trees shall be allowed to grow in and to
their natural genetic form and size, and not clipped into balled, boxed, or standard
forms. Pruning will include the removal of dead or damaged growth and to select
permanent branches. All pruning cuts shall be made to lateral branches or buds, or
flush with the trunk or main stem. “Stubbing” or “shearing” is not permitted.
B. Pruning
The contractor is responsible for pruning of trees and shrubs less than 10 feet in height.
All plants taller than 10 feet will be maintained by others.
C. Watering
All trees must be encouraged through irrigation practices to develop deep roots through
deep, infrequent irrigation. Therefore, soil conditions must be monitored closely for both
under- and over-water conditions. Any change in appearance of plant material will be
reported immediately to the Owner’s Authorized Representative.
4.3.3
Shrub Care
A. Appearance
Shrub areas shall be kept neat in appearance at all times. Contractor shall notify Owner
if additional plant material is needed or modification to irrigation system is needed. Plant
material will never be allowed to deteriorate due to an inoperable irrigation system.
Contractor will troubleshoot the system immediately upon observing a change in plant
condition and immediately notify Owner Representative of the work performed.
16
B. Pruning
Prune and shape shrubs every month to maintain the natural form of the plant. Maintain
growth within space limitations and eliminate damaged or diseased wood. Shrubs shall
not be clipped into balled or boxed forms unless required by the design (i.e. topiary,
which will be pruned as necessary to retain its form).
C. Weed Control
Maintain shrub beds free of weeds. Use recommended, legally approved herbicides in
legally permitted manner to control weed growth in open areas whenever possible. Preemerge applications as needed.
D. Watering
Watering duration and frequency shall be dictated by plant needs, subject to local and
state restrictions on watering.
E. Pest Control
Shrubs will be treated as necessary for pest infestation with legally approved pesticides
and fungicides.
F. Roses
Will be pruned and deadheaded through-out the year to insure maximum blooms.
Apply pesticides as needed to control disease and insects as needed at no additional
cost to Owner. Winter pruning will be completed in January during one week’s duration.
Roses will be fertilized after each bloom cycle approximately every six (6) weeks during
the months of March – December with a balanced fertilizer mix of 16-16-16.
4.3.4
SLOPES
A. Weed Control
Maintain slopes free of weeds. Use recommended, legally approved herbicides in
legally permitted manner to control weed growth in open areas whenever possible. Preemerge applications as needed.
B. Watering
Watering duration and frequency shall be dictated by plant needs. Use a soil probe to
occasionally monitor soil moisture levels in the root areas. Plant material shall not
deteriorate due to an inoperable irrigation system. Contractor will troubleshoot the
system immediately upon observing a change in plant condition and immediately notify
Owner Representative of the deteriorating plant condition.
C. V-Ditches and Catch Basins
Drain lines and V-ditches will be kept free and clear of all debris on slope areas and
checked regularly. During weekly maintenance Catch Basins will be inspected regularly
to insure they are free of soil and debris.
D. Rain inspections
During periods of rain, personnel will be on site during normal working hours to check
drains and V-ditches to insure proper operation.
17
4.3.5
Irrigation System
A. System Repair
As part of this contract, Contractor is responsible for repairing all components of the
irrigation system downstream of the remote control valves. Such items include but are
not limited to head repair/replacement, nozzles, lateral line, and adjustments.
Repair/replacement of mainline, quick coupler valves, remote control valves, control
wiring, controllers, backflow preventors, and other related equipment upstream from and
including the remote control valves shall be considered an extra to the contract.
Contractor is responsible to notify the Owner of such issues and repair upon written
approval of extra cost.
B. System Inspection
Visually inspect controller and sprinklers in operation once per week in primary areas.
A monthly inspection of all areas will be done by turning on individual valves. The
contractor shall perform a test of the irrigation system quarterly to assure that the
system is operating properly and irrigation heads are adjusted for proper coverage.
C. Contractors Damages to System
Any damages to system caused by Contractor's equipment or carelessness while
carrying out maintenance operations shall be repaired by the Contractor without charge
to the Owner. Where feasible, repairs shall be made within one watering period.
D. Vandalism or Accidental Damage
Damage caused by others shall be reported promptly to Owner. Cost of labor and
material to perform repair shall be considered extra work and shall be paid for by Owner
upon authorization.
E. Hand Watering
Hand watering will be required of any areas that do not currently receive automatic
irrigation. Areas to be hand watered include:
Potted plants on Stadium Apron/Gate A.
4.4
Debris Cleanup
A. Removal of debris frequency
All landscape areas shall be inspected daily. Landscape or trash debris shall be
removed as necessary to present a clean appearance.
B. Walks, Curbs, Gutter and Roads
Grass and weeds in curbs and paved walkway joints adjacent to landscaped areas shall
be controlled with chemicals. Debris shall be removed and cleaned along roads
adjacent to common area landscape.
C. Landscape debris
Debris generated from landscape work shall be removed and disposed of during the
course of said work. Leaves shall be removed from the landscape as needed. Debris
containers on site may be utilized. Do not overload any one container. Notify Owner if
18
no container space available. Verify with RBOC Staff location of available disposal
containers.
4.4.1 Replacement of Plants
The contractor at no cost to the owner shall replace plants or turf that are in a state of
decline or dead due to negligence of contractor to inform RBOC Representative of
deteriorating condition.
4.4.2 Bark
Contractor will remove and provide new planter bark in the perimeter fence beds and
the berm beds as directed by Owner on an annual basis.
4.4.3 Field Reports
Written Field Reports shall be prepared by the Supervisor and submitted to the Owner
at the beginning of each month. The monthly report shall include project activities of the
past month and the action plan for the upcoming three months. Report shall include but
not be limited to rose pruning, fertilizer application, insecticide applications, fungicide
treatments, irrigation repair, shrub pruning and general observations noted on site, etc.
Contractor shall retain copies of reports during the term of the contract.
4.4.4 Extra Services
The following areas shall be considered extras and a proposal shall be submitted to the
Owner for approval before any work is started.
•
•
•
•
•
•
•
•
•
•
•
•
Repair of irrigation system at remote control valve and upstream.
Erosion control
Landscape upgrades
Deep feeding of large trees
Spraying of large trees
Plant replacements
Tree removal
Stump removal
Vandalism
Rodent damage
Rodent control
Repair damage to plant material and site as a result of inclement weather.
No Remedial work shall occur prior to Owner representative approval. All remedial
work shall be in compliance with RBOC standards.
4.5
Alternate Bid Items:
The following constitute Alternate Bid Items and should not be included in the Base Bid
Amount. The following Alternate Bid Items will be evaluated according to the evaluation
procedure as set forth in Section 3.2.1.
4.5.1 Field Hedges. Alternate #1: All work related to Field Hedges to include; the
maintenance of the perimeter field hedges and planter.
19
4.5.2 Bio Swales. Add Alternate #2: All work related to Bio Swales to include; the
maintenance of the Median Bio Swales and Roses.
20
5.0 BIDDER’S PROPOSAL
To the Honorable Rose Bowl Operating Company of the City of Pasadena, California
In response to the Notice Inviting Bids to FURNISH LABOR AND MATERIALS FOR
LANDSCAPE MAINTENANCE the undersigned proposes and agrees to furnish the
required material in strict conformity with the general and detailed specifications and
data on manufacturer’s data sheets and/or exceptions made part of the bid and
accepted by the RBOC in writing.
Each bidder must bid on the items shown in the Bidder’s Proposal. If any bidder
makes any alteration, interlineation or deviation in any of the printed matter of the
proposal or if the signature of the bidder is incomplete, the bid will be considered
informal and may be rejected.
The price bid shall include any and all charges required under the California Retail
Sales Act of 1933 as amended and the California Use Tax Act of 1935.
BID FORM – STIPULATED SUM
ROSE BOWL LANDSCAPE MAINTENANCE PROJECT
TO:
ROSE BOWL OPERATING COMPANY (RBOC)
1001 Rose Bowl Drive
Pasadena, California 91103
FROM:________________________________________________________________
(Name of Bidder)
________________________________________________________________
(Address)
________________________________________________________________
(City, State, Zip Code)
BASE BID: The contractor hereby proposes to execute the Contract and furnish
everything necessary for an incidental to the: The Rose Bowl Landscape Maintenance
Project as described and required in the “General
Requirements”
(Section
4.1)
including any and all addenda in the following areas: All stadium concourse, perimeter,
brick plaza and rose median planters.
Base Bid Price of $___________________________________________________
(Insert Base Bid Price in numerals)
ALTERNATE BID ITEMS: The contractor shall provide a price for each alternate
indicated below. The lowest Bid shall be determined in accordance with Section 3.2 of
the Instructions to Bidders. After determination of the lowest Bid, and as the basis of
award the Contract, the Base Bid Price may be adjusted by the Alternate Bid Item
21
prices for any Alternate Bid Item(s) selected and accepted by the Client, in its discretion
and provided in the Instruction to Bidders.
A.
Add Alternate Bid Item – Field Hedges. All work specified in Section 4.5
“General Requirements” to include the maintenance of the perimeter field hedges
and planter.
Add Alternate Field Hedges Bid Price of $_____________________________
(Insert Price in numerals or “No Charge”)
B.
Add Alternate Bid Item – Bio Swales. All work specified in Section 4.5 “General
Requirements” to include the maintenance of the Median Bio Swales and Roses.
Add Alternate Bio Swales Bid Price of $_____________________________
(Insert Price in numerals or “No Charge”)
Terms ___________________ 30 days
Contractor’s License Number____________________
Firm ________________________________________________________
Contact name _________________________________________________
Address _____________________________________________________
Phone No. ____________________
Fax No.__________________________
22
STAFFING MATRIX (FOR INFORMATIONAL PURPOSES ONLY)
23
6.0
SIGNATURE PAGE AND LEGAL STATUS
The undersigned certifies that he is an official legally authorized to bind his firm and to
enter into a contract should the City accept this proposal.
Bid proposal by _______________________________________________________
(Name of Firm)
Legal status of bidder:
Please check the appropriate box

Corporation
State of Incorporation ___________________________

Partnership
List Names____________________________________
____________________________________

DBA
State full name _____________________________DBA
____________________________________
____________________________________

Other
Explain
____________________________________
____________________________________
____________________________________
Signature of Bidder _____________________
Title___________________
(Authorized Signature)
Address _______________________ City ___________State ____ Zip ________
Telephone No. ( ) _____________________________________________
Signed this _______________________day of _______________________, 20___
ADDENDUM NO.
BIDDER’S INITIALS
1.
____________
__________________
2.
____________
__________________
3.
____________
__________________
24
7.0 ATTACHMENTS
25
BIDDER’S CHECKLIST
TO THE BIDDER:
The following list is provided for the convenience of both you and the RBOC and to help
eliminate errors and omissions which may render your bid unacceptable. Please check
all appropriate boxes and submit with your bid.

BID PROPOSAL

DECLARATION OF NON-COLLUSION (Signed by Bidder)

VENDOR QUESTIONNAIRE (forms AA1; AA2; and AA3 signed by Bidder)

LIVING WAGE COMPLIANCE CERTIFICATION

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
(IRS Form W-9)

BID SECURITY
(Signed by Bidder)
Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in
an ORIGINAL AND TWO COPIES.
All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the
bid and the bidder’s name and address appearing on the outside.
Bids should be addressed to:
George W. Cunningham, COO
Rose Bowl Administrative Offices
1001 Rose Bowl Drive
Pasadena, CA 91103
Mail sufficiently early or deliver in person before the time and day listed in the
Notice Inviting Bids. Bids must be received in the Rose Bowl Administrative
Offices before that time.
26
DECLARATION OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
_______________________________________________________________, being first duly sworn deposes
and says that he/she is ______________________________________________________________________
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title)
of____________________________________________________________________
(Insert name of bidder)
who submits herewith to the City of Pasadena a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Pasadena, or of any other bidder or anyone
else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a.
Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b.
Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or
anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or
withdraw his proposal;
c.
Did not, in any manner, directly or indirectly seek by agreement, communication or conference with
anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any
overhead, profit or cost element of his proposal price, or of that of anyone else;
d.
Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents
thereof, or divulge information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of individuals, except the City of Pasadena, or to any person or persons who have a partnership
or other financial interest with said bidder in his business.
I certify under penalty of perjury that the above information is correct
By:______________________________________
Title:________________________________
Date:____________________________________
27
ROSE BOWL OPERATING COMPANY (RBOC)
Finance Department
1001 Rose Bowl Drive
Pasadena, CA 91103
626-577-3100
626-405-0992 Fax
Vendor List Questionnaire (Form AA-1)
Affidavit of Equal Opportunity Employment & Non-segregation
In order to be placed on the RBOC’s vendor list and be eligible to receive City business, you must provide the
following information except where indicated as “optional”. By submitting this form you are declaring under penalty
of perjury under the laws of the State of California and the laws of the United States that the information is true and
correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to
assure that applicants and employees are not discriminated against because of their race, religion, color, national
origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments and that it does not and will not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained.
PLEASE PRINT CLEARLY
Name
of
Company________________________________________________
___________________
Business
Address__________________________________________________________
__________________________
Fax
City
_________________________________________________
Code__________________
State
___________
Telephone
Number
Zip
Contact
Person
____________________________________________
Mail_________________________________
Name
(as
shown
on
your
____________________________________________________________
income
Tax ID # (or Social Security #) ___________________________________________
tax
E-
return)
EIN _____ SSN ______
Remit
Address
(if
different)
______________________________________________________________________________
______________________________________________________________________________________________
_______
Please State Clearly and concisely the type(s) of good and services your company provides:
______________________________________________________________________________________________
________
28
Small and Micro Business Preference Program: If certified by California Department of General Services as a
Small or micro business, pleas provide DGS Reference Number ____________. Visit the Purchasing Division
website for additional information.
The Following Section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that
apply):
African-American _____ Asian _____ Armenian _____ Hispanic _____ Native American _____ Disabled _____
Female ____
29
Project Workforce Utilization (Form AA-2)
This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.
Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your
firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of
this contract.
Name of Company: ____________________________________ Project: ________________________________
Job Titles/Classification
Estimated number of existing staff to be employed
in this classification if awarded the contract
Estimated number of new hires to be employed
in this classification if awarded the contract
Are any current employees or potential
new hires Pasadena residents? If so,
how many?
30
Current Permanent Workforce Utilization (Form AA-3)
(OPTIONAL)
Completion of this form is OPTIONAL. Any information supplied by bidders is for reporting purposes only and will not be factored
into the award of any contract.
Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.
Name of Company: ___________________________________________
White
African-American
(not of Hispanic origin)
(not of Hispanic origin)
Hispanic
Project: __________________________________
Asian/Pacific
Islander
Native
American
Armenian
Male
Female
CLASSIFICATION
Officials/Managers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
31
Living Wage Compliance Certification
This contract is subject to the City of Pasadena’s Living Wage Ordinance, Pasadena Municipal Code
Chapter 4.11. The Ordinance requires that contractors providing labor or services to the City under
contracts in excess of $25,000:

Pay no less than $10.97 per hour plus medical benefits of no less than $1.94 per hour, or $12.91 per
hour without medical benefits to all employees who spend any of their time providing labor or
delivering services to the City of Pasadena. Additionally, in January 2016 and each January thereafter
the Living Wage rate shall be adjusted by the change in the Consumer Price Index, for the Los
Angeles-Riverside-Orange County area, for the most recently available 12 month period. Accordingly,
current City contractors will be required to adjust wage rates no later than July 1st, to remain in
compliance.

Notify employees who spend any of their time providing labor or delivering services to the City of
Pasadena who make less than twelve dollars ($12) per hour of their possible right to the federal
Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32,
and making available to such employees forms required to secure advance EITC payments.
The selected contractor will be required to evidence compliance with the Living Wage Ordinance by
submitting payroll records as requested by the City. Each record shall include the full name of each
employee performing labor or providing services under the contract; job classification; rate of pay and
benefit rate.
On August 4, 2008, the Pasadena City Council amended the Living Wage Ordinance such that the
provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement,
but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you
must provide a copy of the collective bargaining agreement to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which this
bid/proposal is made ________________________________________________will comply with the
(Name of Company)
requirements of the Pasadena Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11 and the
rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of
the Pasadena Living Wage Ordinance may result in termination of the contract as well as other penalties
as stated in Pasadena Municipal Code Chapter 4.11.
Contract Number: __________________________
___________________________________________________________________________
(Name)
(Title)
____________________________________________________________________________
(Signature)
(Date)
Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance
should be directed to the Department of Finance – Purchasing Division 626.744.6755.
32
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS
Form W-9)
33
34
35
36
37
INSURANCE REQUIREMENTS
Rose Bowl Operating Company/City of
Pasadena INSURANCE
Name of Co:_________________________________
Project Title:________________________________
1. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER.
2. PLEASE SUBMIT THESE IN ONE (1) PACKAGE WHEN YOU HAVE ALL DOCUMENTS IN HAND,
ALONG WITH THIS CHECK LIST, BECAUSE THEY WILL BE FORWARDED OVER AS A GROUP TO
OUR RISK MANAGER FOR APPROVAL:
Include on one or two Acord forms with the coverage limits, policy numbers, and dates for:
A.
General Liability: Combined Single Limit of $1,000,000 per occurrence.
Additional Insured Endorsement form(s) Naming as Additional Insured (“City of Pasadena, its
Council Members, Commissioners, officers, employees and agents.”)
Please provide either this:
CG 20 10 11 85;
or both of these forms
CG 20 10 XX XX (for ongoing operations) AND
CG 20 37 XX XX (for completed operations).
Endorsement Waiver of the Right of Subrogation for General Liability against the City of
Pasadena.
Coverage XCU is required if applicable
B.
C.
Auto Liability: $100,000 combined single limits unless vehicles are not involved.
Worker’s Comp in statutory amounts. A separate certificate may be submitted. The City need not be
named as additional insured.
Endorsement Waiver of the Right of Subrogation for Worker’s Comp against the City of
Pasadena.
Note: The Specification or Request for Insurance may be amended by the City, to require less or greater
requirements depending on the potential risk involved.
OTHER CRITICAL INCLUSIONS:
1. The City of Pasadena shall be given 30 days written notice of cancellation or material change. The certificate
submitted will not be approved if it contains “best effort” modifiers or if it relieves the insurer from responsibility for
failure to give notice.
7/1/13
38
EXHIBIT G – SAMPLE SERVICES CONTRACT
SERVICES CONTRACT NO.
THIS Contract is made between the ROSE BOWL OPERATING COMPANY (“RBOC”), as agent for the
CITY OF PASADENA ("City"), a municipal corporation, and _________________________, a Professional
Corporation, with headquarters at _________________________________________ ("Contractor").
The RBOC and Contractor agree as follows:
1.0
EMPLOYMENT OF CONTRACTOR. RBOC agrees to engage Contractor to perform the
services as hereinafter set forth as authorized by the RBOC Board of Directors on ____________.
2.0
SCOPE OF SERVICES.
2.1
Contractor shall perform all work necessary to complete the services set forth in the
Request for Proposals dated ___________, Exhibit “A,” and Contractor's proposal to the RBOC ("Proposal")
dated ____________, Exhibit “B,” and according to an agreed upon Schedule, Exhibit “C,” all of which are
attached to and incorporated into this Contract by reference.
2.2
All services shall be performed to the satisfaction of RBOC.
2.3
All services shall be performed according to the standards then prevailing in the Event
Parking and Cashier Services profession.
3.0
PERSONNEL.
3.1
Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2
Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of RBOC.
3.3
All of the services required hereunder will be performed by Contractor or by RBOCapproved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and
authorized or permitted under State and local law to perform such services and shall be subject to approval by
the RBOC.
4.0
TERM.
4.1
The initial term of this Contract is for a period of _________ years,
commencing with its signing and continuing to and through ___________ coinciding with the audit of financial
statements for the fiscal years ending ______________.
4.2
This Contract may be renewed for up to three additional one year periods, on the same
terms and conditions, in the sole discretion of the RBOC General Manager and upon written amendment of this
Contract. The compensation for each renewal period may be increased by an amount equal to two per cent
(2%) of the compensation for the previous period.
5.0
COMPENSATION AND FEES.
5.1
For satisfactory and timely performance of the services, the RBOC will pay Contractor
an amount not to exceed ___________________________ , in accordance with the payment schedule set
forth in Exhibit “C”, and subject to the terms and conditions of Exhibit “A”.
5.2
Contractor's grand total compensation for the [initial five
Year] term of this Contract shall not exceed $____ without the prior authorization of the RBOC Board of
Directors.
39
5.3
Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor,
material, supplies, facilities, equipment and transportation which may be required for furnishing services
pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all
professional time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto
rental, subsistence, and all related expenses.
6.0
PAYMENT.
6.1
As scheduled services are completed, Contractor shall submit to
the RBOC an invoice for the services completed, authorized expenses, and authorized extra work actually
performed or incurred according to said schedule.
6.2
Each such invoice shall state the basis for the amount invoiced,
including the services completed, the number of hours spent, reimbursable expenses incurred and any extra
work performed.
6.3
Contractor shall also submit a progress report with each invoice
that describes in reasonable detail the services and the extra work, if any, performed in the immediately
preceding calendar month.
6.4
RBOC will pay Contractor the amount invoiced within thirty (30) days after the RBOC
approves the invoice.
6.5
Payment of such invoices shall be payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
7.0
CHANGE ORDERS. There is no change order authority provided in this Contract.
8.0
RBOC'S RESPONSIBILITY. RBOC shall cooperate with Contractor as may be reasonably
necessary for Contractor to perform its services; and will give any required decisions as promptly as
practicable so as to avoid unreasonable delay in the progress of Contractor's services.
9.0
GENERAL TERMS AND CONDITIONS.
9.1
INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services
herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of
RBOC and shall furnish such services in its own manner and method except as required by this Contract.
Further, Contractor has and shall retain the right to exercise full control over the employment, direction,
compensation and discharge of all persons employed by Contractor in the performance of the services
hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save RBOC and City
harmless from all matters relating to the payment of its employees, including compliance with social security,
withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
9.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the RBOC/City, and that they shall not be entitled to any of the benefits or rights
afforded employees of RBOC/City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation
insurance benefits.
9.2
CONTRACTOR NOT AGENT.
Except as the RBOC may authorize in writing,
Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the
RBOC/City in any capacity whatsoever as agents or otherwise.
9.3
OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes,
floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by
Contractor in furtherance of the work shall be the sole property of RBOC and shall be delivered to RBOC
whenever requested. Contractor shall keep such documents and materials on file and available for audit by
40
the RBOC for at least three (3) years after completion or earlier termination of this Contract. Contractor may
make duplicate copies of such materials and documents for its own files or for such other purposes as may be
authorized in writing by the RBOC.
9.4
CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate
or incomplete tasks, deliverables, goods, services and other work, without additional cost to the RBOC. The
performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the
obligation to correct subsequently discovered defects, inaccuracy or incompleteness.
9.5
WAIVER. The RBOC's waiver of any term, condition, breach or default of this Contract
shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent
breach of the one waived.
9.6
SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon,
the parties hereto and their respective heirs, successors and/or assigns.
9.7
NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the RBOC and approval by the City
Attorney, which may be withheld in the RBOC's sole discretion. Any unauthorized assignment or transfer shall
be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract.
No assignment shall release the original parties or otherwise constitute a novation.
9.8
COMPLIANCE WITH LAWS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to
time, incorporated herein and applicable to the performance hereof, including but without limitation, the
Pasadena Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle
the RBOC to terminate the Contract and otherwise pursue its remedies.
9.9 INTERPRETATION.
9.9.1 Applicable Law.
This Contract, and the rights and duties of the parties
hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the
State of California.
9.9.2 Entire Agreement.
This Contract, including any exhibits attached hereto,
constitutes the entire agreement and understanding between the parties regarding its subject matter and
supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence,
documentation and agreements (written or oral).
9.9.3 Written Amendment. This Contract may only be changed by written amendment
signed by Contractor and the General Manager or other authorized representative of the RBOC, subject to any
requisite authorization by the RBOC Board of Directors. Any oral representations or modifications concerning
this Contract shall be of no force or effect.
9.9.4 Severability. If any provision in this Contract is held by any court of competent
jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this
Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though
such invalid, illegal, or unenforceable portion had never been part of this Contract.
9.9.5 Order of Precedence. In case of conflict between the terms of this Contract and
the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms
of this Contract shall strictly prevail.
9.9.6 Choice of Forum.
The parties hereby agree that this Contract is to be
enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the
City of Pasadena and that all claims or controversies arising out of or related to performance under this
Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be
determined by the rules of the forum.
9.9.7 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.10 TIME OF ESSENCE. Time is strictly of the essence of this
contract and each and every covenant, term and provision hereof.
41
9.11 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the RBOC that the Contractor has the right, power, legal capacity and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has been duly
authorized.
9.12 ARBITRATION OF DISPUTES.
Any dispute for under
$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or
any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial
Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award
rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The RBOC does not waive
its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the RBOC and
reserves the right to conduct full discovery.
9.13 INDEMNITY.
9.13.1 Contractor agrees to indemnify, hold harmless, release and defend (even if the
allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to
sue, the City, its City Council, the RBOC, its Board of Directors and each member thereof, and their respective
officers, employees, commission members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in
part result from, or arise out of, or are claimed to result from or to arise out of:
A. Any activity on or use of RBOC or City's premises or facilities or any performance under
this Contract; or
B. Any acts, or failure to act as required by the scope of services of this contract, errors or
omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives,
subcontractors, or agents in connection with the performance or failure to perform, as required by this
Contract.
9.13.2 This agreement to indemnify includes, but is not limited to, personal injury
(including death at any time) and property or other damage (including, but without limitation, contract or tort or
patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but
not limited to, companies, or corporations, Contractor and its employees or agents, and members of the
general public). The sole negligence or willful misconduct of RBOC or City, their employees or agents other
than Contractor or Contractor’s subcontractors are excluded from this indemnity agreement.
9.14 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of
insurance of the types and in the amounts set forth below, for the duration of the Contract, including any
extensions thereto. The policies shall state that they afford primary coverage.
9.14.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if
written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including
owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form.
9.14.2 General Liability with minimum limits of at least $1,000,000 combined single
limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its
equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is
required. Contractor shall cause the policy to be endorsed to name as additional insured the RBOC, its Board
of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers,
employees, agents and volunteers. Contractor shall provide additional insured endorsement to the RBOC and
City. The policy shall be endorsed to waive all rights of subrogation against RBOC, its Board of Directors, the
City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and
volunteers for losses arising from performance of this Contract.
A. If Contractor employs other contractors as part of the services rendered, Contractor's
Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or
shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
B.Products/Completed Operations coverage where such risk is applicable.
42
9.14.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable
aggregates must be identified and claims history provided to determine amounts remaining under the
aggregate.
9.14.4 Contractor shall comply with the applicable sections of the California Labor Code
concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following
manners:
9.14.4.1
Provide copy of permissive self-insurance certificate approved by the
State of California; or
9.14.4.2
Secure and maintain in force a policy of workers' compensation insurance
with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The
policy shall be endorsed to waive all rights of subrogation against RBOC, its Board of Directors, the City of
Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers
for losses arising from performance of this Contract; or
9.14.4.3
Provide a "waiver" form certifying that no employees subject to the Labor
Code's Workers' Compensation provision will be used in performance of this Contract.
9.14.5 Each insurance policy included in this clause shall be endorsed to state that coverage
shall not be cancelled except after thirty (30) days' prior written notice to RBOC.
9.14.6 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII.
9.14.7 Prior to commencement of performance, Contractor shall furnish RBOC with certificates
of insurance for each policy, as well as amendatory endorsements. Each certificate and amendatory
endorsement is to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate(s) and amendatory endorsements must be in a form approved by RBOC and City. RBOC may
require complete, certified copies of any or all policies at any time.
9.14.8 Failure to maintain required insurance at all times shall constitute a default and material
breach. In such event, Contractor shall immediately notify RBOC and cease all performance under this
Contract until further directed by the RBOC. In the absence of satisfactory insurance coverage, RBOC may, at
its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against
Contractor by way of set-off or recoupment from sums due Contractor, at RBOC's option; (b) immediately
terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement
or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or
recoupment from any sums due Contractor.
9.15
NOTICES.
Any notice or demand to be given by one party to the other shall be given in writing and by
personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the
RBOC or any other City department is not adequate notice.
If to the RBOC:
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if
mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is
earlier. Either party may change the address at which it desires to receive notice upon giving written notice of
such
request
to
the
other
party.
9.16 TERMINATION FOR CONVENIENCE (Without Cause). RBOC may terminate this
43
Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written
notice to Contractor. If the Contract is thus terminated by RBOC for reasons other than Contractor's failure to
perform its obligations, RBOC shall pay Contractor a prorated amount based on the services satisfactorily
completed and accepted prior to the effective date of termination. Such payment shall be Contractor's
exclusive remedy for termination without cause.
9.17 DEFAULT.
In the event either party materially defaults in its obligations hereunder,
the other party may declare a default and terminate this Contract by written notice to the defaulting party. The
notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before
the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after
the date of the notice.
Termination for cause shall relieve the terminating party of further liability or responsibility under
this Contract, including the payment of money, except for payment for services satisfactorily and timely
performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments
made by the RBOC for service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the RBOC in obtaining substitute performance.
10.
ADDITIONAL ASSURANCES.
10.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
agrees to comply with Section 4.08.035 of the City's Competitive Bidding and Purchasing Ordinance of the
Pasadena Municipal Code, the rules and regulations promulgated thereunder, the California Fair Employment
and Housing Act (Government Code Section 12900 et seq.) and to this end:
10.1.1
Contractor certifies and represents that, during the performance of this
Contract, the Contractor and any other parties with whom it may subcontract shall adhere to equal opportunity
employment practices to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition,
marital status. Contractor further certifies that it will not maintain any segregated facilities.
10.1.2
Contractor shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of this Contract, state that it is an "Equal Opportunity Employer" or that all
qualified applicants will receive consideration for employment without regard to their race, religious creed,
color, national origin, ancestry, disability, sex, age, medical condition or marital status.
10.1.3
Contractor shall, if requested to so do by the RBOC/City, certify that it has not,
in the performance of this Contract, discriminated against applicants or employees because of their race,
religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status.
10.1.4
If requested to do so by the RBOC/City, Contractor shall provide the
RBOC/City with access to copies of all of its records pertaining or relating to its employment practices, except
to the extent such records or portions of such records are confidential or privileged under state or federal law.
10.1.5
Contractor agrees to recruit Pasadena residents initially and to give them
preference, if all other factors are equal, for any new positions which result from the performance of this
Contract and which are performed within the City.
10.1.6
Nothing contained in this Contract shall be construed in any manner so as to
require or permit any act which is prohibited by law.
10.1.7
The Contractor shall include the provisions set forth in paragraphs numbered
10.1.1 through 10.1.6 of subsection 10.1 of this Contract, inclusive, in each of its subcontracts.
44
10.2 PASADENA BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs
associated therewith, any Pasadena Business License which may be required by the Pasadena Municipal
Code.
10.3 MAINTENANCE AND INSPECTION OF RECORDS.
The RBOC, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor's records to the extent the RBOC deems necessary to insure
it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which
Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period of at least 3
years after termination of the Contract.
The Contractor shall maintain all such records in the City of Pasadena. If not, the
Contractor shall, upon request, promptly deliver the records to the RBOC or reimburse the RBOC for all
reasonable and extra costs incurred in conducting the audit at a location other than the City of Pasadena,
including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors,
travel, lodging, meals and overhead.
10.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member,
officer or employee of the Contractor is a director, officer or employee of the City of Pasadena, or a member of
any of its boards, commissions or committees, except to the extent permitted by law.
10.5 TAXPAYER PROTECTION AMENDMENT
Under the provisions of the City of Pasadena Taxpayer Protection Amendment of 2000
("Taxpayer Protection Act"), the Contractor/Organization will be considered a "recipient of a public benefit."
The full provisions of the Taxpayer Protection Act are set forth in Pasadena City Charter, Article XVII. Under
the Taxpayer Protection Act, City public officials who approve this Contract/transaction are prohibited from
receiving specified gifts, campaign contributions or employment from Contractor/Organization for a specified
time. As well, if this Contract is to be approved by the City Council, Councilmembers or candidates for Council
are prohibited from receiving campaign contributions during the time this Contract is being negotiated. This
prohibition extends to individuals and entities that are specified and identified in the Taxpayer Protection Act
and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with
more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization
understands and agrees that: (A) Contractor/Organization is aware of the Taxpayer Protection Act; (B)
Contractor/Organization will complete and return the forms provided by the City in order to identify all of the
recipients of a public benefit specified in the Taxpayer Protection Act; and (C) Contractor/Organization will not
make any prohibited gift, campaign contribution or offer of employment to any public official who negotiated
and/or approved this Contract/transaction.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized
representatives as of the date set forth below.
DATED:
ROSE BOWL OPERATING COMPANY
By:_______________________
Darryl Dunn
General Manager
ATTEST:
_________________________
45
Mark Jomsky, CMC
City Clerk
DATED:
CONTRACTOR
By: _______________________
Signature
_______________________
(typed name)
Title: ______________________
APPROVED AS TO FORM:
___________________________
Theresa E. Fuentes
Assistant City Attorney
REVIEWED:
___________________________
Larry Hammond
Purchasing Administrator
46