HomeMy Public PortalAboutComplete Document Package with Addendum 1.pdfATTACHMENT 1
REQUEST FOR PROPOSALS
FOR
ROUND-ABOUTS AND CAPITAL IMPROVEMENT
LANDSCAPING IN TRUCKEE, CA
PROPOSAL DUE DATE: June 12,2015 TIME DUE: 2:00P.M.
Town of Truckee
Clerk's Office
10183 Truckee Airport Road
Truckee, CA 96161-3306
Tel: 530-582-7700
Fax: 530-582-7710
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
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SPECifiCATIONS FOR
ROUND-ABOUTS AND CAPi T AL IMPROVEMENT
LANDSCAPING IN T RUCKEE, CA
Ju:-:~ 12, 20'15 June 8, 2015
SECTION 1. INTRODUCTION
The Town of Truckee is soliciting sealed proposals for landscaping service of round-abouts and
recent capital improvement areas throughout Truckee, California (see attached Exhibit A).
SECTION 2. DEFINITIONS
The work under this contract shall be done in accordance with the specifications identified in
the following sections . Whenever the following terms are used in these specifications, they shall be
understood to mean and refer to the following: Town or Town of Truckee represented by the Director
of Public Works, acting directly or through properly . authorized agents, assistants, and
superintendents, acting severally within the scope of the particular duties delegated to them.
SECTION 3. DURATION OF CONTRACT
The term of this contract shall be for one year with a possible contract extension of up to two
additional years if mutually agreed upon by Town and the Contractor (See attached Exhibit K). The
term of the 2015/16 contract shall be from July 1, 2015 through June 30, 2016 . On or before May 15,
2016, the Town shall determine whether to propose to Contractor to extend the contract for one
additional year for winter season 2016/17. Should the Town propose to extend the contract for one
additional year, the Contractor must respond with its decision within ten days of notification from the
Town. Should the Town and Contractor mutually agree to extend the contract for one additional year,
the Contractor's lump sum costs and hourly rates in the Contractor's original proposal shall remain in
effect for the second contract year. For 2017118, the same terms shall apply should the third year
contract be exercised. ·
SECTION 4. SCOPE OF WORK FOR LANDSCAPING SERVICES
The following scope of work shall be performed by Contractor as a part of the Contractor's bid
proposal to be provided in Exhibit A. Items identified as "Extra Work" need not be included in
Contractor's bid proposal.
4 .1 Locations for Service: Exhibits 8 through J identify the landscaping service areas which
are detailed below:
Area 1:
Area 2
Area 3 :
Area 4 :
Area 5:
Area 6:
Area 7:
Mciver Roundabout (Exhibit B)
Martis Roundabout (Exhibit C)
State Route 89 South Roundabouts (Exhibits D and E)
State Route 89 North Roundabouts (Exhibits F and G)
Pioneer Trail Roundabout (Exhibit H)
Truckee River Legacy Trail (Exhibit I)
Trout Creek Reach 1 (Exhibit J)
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
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Note that Areas 6 and 7 are maintenance areas for recently-constructed Town Capital Improv ement
Projects (CIPs). These areas are being monitored by the Town while the vegetation establishes. As
such, certain standards of care apply for both of these sites (Truckee River Legacy Trail and Trout
Creek Reach 1) as described in section 4 .20 below.
4.2 Overview: The contractor is required to provide all equipment, materials, services,
supervision and labor necessary to maintain a growing, healthy landscape with an attractive, clean,
neat appearance throughout the maintenance period indicated herein . Work includes repair and
replacement of damaged materials and irrigation equipment, accurate record keeping of work
performed and communication with Town's Representative.
Contractor may be required to perform additional landscaping services at the request of
the Town . Contractor shall be required to respond within a minimum of twenty-four (24) hours to a
request f rom the Town .
4.3 Workmanship: Contractor is expected to supply a quality of services as needed to
maintain the landscape in an excellent condition as determined by the Town representative. Tasks
described herein are minimum standards and shall not preclude additional work as necessary to
maintain the landscaping in excellent condition.
4.4 Licenses, Permits, Assurances and Compliance: The contractor shall comply with all
storm water and water conservation regulations, including Truckee Donner Public Utility District Water
Conservation Ordinance #2014-05. Contractor shall maintain all Town, County, State and Federally
required employer and liability insurance coverage as well as be fully bonded . All required licenses,
permits and qualifications including the C-27 license and/or the California State Landscape
Contractor's License and Agricultural Pest Control Operator's License shall be maintained and
available for inspection at all times. A secondary Caltrans encroachment permit is to be obtained by
Contractor for work within Areas 3 and 4 . The Town will reimburse Contractor the cost for any fees
charged by Caltrans for said permit. A 24 hour emergency phone number shall be supplied by
Contractor to Town's representative. A maximum 24 hour response time is required .
4.5 Damages and Changes : Repair of damages to landscaping or irrigation systems and
replacement of dead, dying or missing plants not caused by Contractor will be treated as "Extra Work".
The Contractor shall promptly notify the Town of any dead, dying, damaged or m issing plant material
and damaged, inoperable, or missing irrigation system components. Contractor shall include a written
description of proposed repair work, together with an estimated cost. Upon approval of the Town
Representative, Contractor shall promptly complete repairs. Contractor shall warranty repairs for one
full year from installation.
4.6 Weekly Services: Weekly perennial bed maintenance work shall begin on April 1st, or
as soon thereafter as weather permits, and shall end November 151 . Work includes weeding, dead
heading , fsrtilizing , trash pickup, irrigation inspection, maintenance and perennial bed management.
4.7 Weekly Weed Control: Planter beds shall be kept free of weeds. Both cultivation and
mulching are recommended as weed control. All cobble and joints of paved walk areas shall also be
kept weed free. Replenish bark mulch yearly and as needed .
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4 .8 Weekly Trash Removal: All landscape area shall be kept free of trash and debris from
plant materials. Trash and plant debris shall be picked up a minimum of once per week. Additional
cleanup which becomes necessary as a result of special events or other unusual circumstances shall
be carried out at the Towns request and expense.
4 .9 Weekly Irrigation-System Inspection: Inspections of system shall be conducted to
ensure that all irrigation heads are providing full coverage and even application, without runoff or
overspray on to hard surfaces or puddling and rills in planter beds. Irrigation heads must be clear of
obstructions that cause uneven application. Filter screens should be checked monthly with output
adjustments made as needed . Raise or lower sprinkler heads as needed .
4.10 Monthly Irrigation -Controllers : Controllers shall be checked to see that appropriate
start time and run times are used in accordance with current weather patterns and that system is
working should 'rain delay' have been implemented. If rain delay is used, Contractor shall see that all
aspects of the controller are in proper working order. In case of emergency, the Town's representative
shall have a key to access the controller box accompanied by appropriate instructions for emergency
situations.
4 .11 Monthly Staking and Guying : Regular monthly inspection by Contractor shall assure
that all stakes and ties are maintained with replacements provided as necessary. Care shall be taken
to prevent damages such as girdling or bark wounds from rubbing. When tree trunk attains a 4"
caliper, the Contractor shall consider removal of supports .
4 .12 Monthly Edging and Trimming : Edges shall be trimmed twice monthly or as needed
along pavement edges and curbs . Trim around sprinkler heads as needed to ensure unobstructed
spray and optimal sprinkler operation . String trimmers shall be used as necessary around stationary
objects. Excess or unsightly clippings are to be removed. Groundcovers should be trimmed back to
prevent obstruction of walks and drives . Allow materials to take on natural form without invading
adjacent spaces or hard surfaces.
4.13 Annual Services: Annual services shall include top dressing/mulching planting beds
(mulching of planting beds shall be maintained at a minimum depth of 1 %'' match existing d::::pths ),
winter shrub wrapping (November/ December), annual staking and guying of trees less than 15' in
height, winter shut down of irrigation system (November/December), spring cleanup and spring start
up and repairs of irrigation system, including excess road sand removal.
4.14 Annual Prun ing Trees and Shrubs: In general, pruning must only be used to remove
dead or dying growth, to provide safe clearance, or to ensure healthy, active growth of trees, shrubs
and groundcovers. Perform proper horticultural techniques for each species at all times . All trimmings
must be properly disposed of off-site . Any excessively pruned or misshapen materials as determined
by Town Representative shall be removed and replaced at Contractor's expense. Selectively prune to
reduce toppling and wind damage, to maintain natural appearance, to balance crown with roots, to
eliminate dead, damaged or diseased growth, to correct misshaping from winds and snow, to prevent
obstruction of walks and drives, to prevent rubbing on walls and fences. Lower limbs on young trees
shall be preserved where possible until tree develops caliper strength to stand without support from
stakes or guys . Damaged, diseased, dead or portions which pose health or safety hazards shall be
pruned as necessary. Trees and shrubs less than 15' in height shall be wrapped prior to snowfall and
unwrapped during spring cleanup .
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4.15 Annuals and Bulbs : Divide Bulbs and install annual color as directed by Town
representative in spring of each new season. This shall be considered "Extra Work".
4.16 Annual Irrigation-Winterization : To winterize system the badJ!ew ;::roventi on d::::vices
shall b:::: •,o:r::::pped •.vith insulating m:::terial. B:::cl<flo•IJ device should ~e rcmov::::d v::::: union joints and
system should be m:::nually drained and blevm out. All irrigation lines shall be drained in a manner so
as to prevent damage due to freezing in winter months.
4 .17 Irrigation -General : Irrigated systems shall be kept in top working order to insure that
optimal plant growth and health are maintained without excess water waste and runoff.
4 .18 Irrigation -Repairs: Damages to system caused by Contractor or Contractor's crew
shall be repaired immediately at Contractor's expense . Repairs are to be made within one watering
cycle . Damages to system which are not the fault of the Contractor must be reported to the Town
representative in writing with a description and estimated cost of repairs. This includes changes to
system which may become necessary. Upon approval, repairs shall be made at the Towns expense.
To prevent internal damage::, l:::tcrallines shall be flush::::d once per year, preferably at end of rainy
season . /\ft::::r remov:ng last 1 or 2 t-:oads on e:::::h lat eral, the system may be flush::::d .
4 .19 Compliance with Town of Truckee's Municipal NPDES Permit: In order to comply with
the Town of Truckee's Municipal National Pollutant Discharge Elimination System (NPDES) Permit,
the following is required:
• Keep grass clippings and leaves away from waterways and out of the street using mulching,
composting , or landfilling;
• Do not use pesticides, herbicides and fertilizers during irrigation or within 48 hours of predicted
rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric
Administration (NOAA);
• Limit herbicide and pesticide use (e.g., conducting manual weed and insect removal);
• Application of pesticides , herbicides and fert ilizers should be consistent with the regulations
DPR 11-004 Prevention of Surface Water Contamination by Pesticides enacted by the
Department of Pesticide Regulation (http ://www.cdpr.ca .gov/docs/legbills/rulepkgs/11 -004/11-
004 .htm );
• Collect and properly dispose of unused pesticides, herbicides, and fertilizers;
• Minimize irrigation run-off by using an evapotranspiration-based irrigation schedule and rain
sensors when possible; and
• Record the types and amounts of pesticides, herbicides and fert ilizers used in the permit area
and report their use to the Town of Truckee.
4 .20 Requirements specific to Town CIP Vegetation Establishment Projects: Areas 6 and 7
(Truckee River Legacy Trail and Trout Creek Reach 1) are maintenance areas for recently-constructed
Town Capital Improvement Projects (CIPs). Vegetation in these areas is currently being established .
Plantings in these areas shall be provided supplemental irrigation to facilitate initial establishment and
the following standards apply:
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Gener al Weeding Requirements
a. Each weeding event shall occur at 2-4 week intervals.
b. Weed control shall consist of maintaining the individual planting sites, plant clusters, areas
between individual planting sites and plant clusters, free of weeds.
c . Weed control shall consist of mechanical or manual methods, whenever possible, to
maintain the seeded areas free of weeds. Mowing will not be allowed.
d. Grass and broadleaf weeds shall at no time exceed 12 inches in height or occupy 10% of
the ground cover between planting sites . Broad leaf weeds shall be removed before they set
seed. Native volunteer plants shall be preserved whenever possible.
e. Planting areas shall be surveyed regularly for the presence of any "noxious" and "invasive"
weeds listed by the CDFA, Cal-l PC, or L TBMU. If any such species are found, their most
recent ratings shall be reviewed. A separate section in each monitoring report shall be
provided listing those species found at the site with their most recent weed ranking.
f. The contractor shall eradicate all CDFA rated "A", Cal-l PC rated "High", or LTBMU Group 1
plants ("Noxious Weeds") immediately following observation and using generally accepted
practices consistent with federal, state and local laws and regulations. If Noxious Weeds
reappear, the contractor shall repeat such practices until eradication is complete (zero
tolerance). The one exception is cheatgrass (Bromus tectorum).
g. If monitoring indicates that noxious or invasive species are present, an action plan shall be
developed and implemented to minimize the presence of these species and to eliminate
any Noxious Weeds. The specific action and timing will vary depending on the species,
extent/distribution of its presence, and latest available scientific information. If the use of
herbicides is recommended, they shall be applied only by an individual with a qualified
applicator certification or license from the California Department of Pesticide Regulation.
Project-Specific Requirements
Project specific requirements, including watering frequency, are provided below:
• Area 6: Truckee River Legacy Trail (Exhibit 1): Plantings for this project consist of 188 pine
trees planted adjacent the T-TSA plant and wetland plants placed in the wetland mitigation
area per Exhibit I.
Contractor shall fill the DriWater tubes current ly installed at this loca t ion with gel on a monthly
basis in addition to watering . The maintenance (irr igation and \N eeding) en this site is req:Jired
until Ju!y 2017 . Ir rigation shall not b::; provided after thi~ period to ensure plantings are sc!f
sustaining we!l before the end of the monitoring and maintcn::nce period. Plantings shall be
irrigated once every four weeks between October and May feJ: if no snow is present. Plantings
shall be irrigated at least once every two weeks between May and October for two years (until
July 2017). The maintenance (irrigation and weeding) on this site is required until July 2017 .
Irrigation shall not be provided after this period to ensu re plantings are self-sustaining well
before the end of the monitoring and maintenance period .
The site does not have an irrigation system . Watering will be from a truck or other equivalent
system .
• Area 7: Trout Creek Restoration (Exhibit J): This project consists of trees and shrubs
planted on the stream banks of approximately 600 LF of restored creek section per Exhibit J
between School Street and Donner Pass Road. The maintenance (irrigation and weeding)
work does not start until May 2016 and will be required to continue until Fall2017.
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Plantings on this site shall be irrigated via the installed irrigation system that must be
maintained throughout the monitoring period (including Spring turn on and Fall shut
down/winterization). These areas shall be irrigated at least once every week between May and
October until Fall2017. Once these areas are sufficiently established, the watering may be
reduced prior to Fall of 2017 .
A Noxious and Invasive Weed Survey report will be required to be submitted June and
September, documenting any found.
4.21 Special/Extra-Additional Work: Contractor may be asked to perform various
landscaping projects , including but not limited to fertilizing , outside the limits of the contract. These
projects would be paid out at the Contractors bid hourly rate .
4.22 Beginning of Work. Contractor shall be able to begin landscaping operations July 1,
2015.
4.23 Contractor Staffing Requirements. Contractor must make available during landscaping
operations one (1) supervisor. Contractor shall have a representative available at all times during
regular working hours by cellular phone.
4.24 Base of Operations. Contractor's base of operations must be at a location with an
approved land use for landscaping business. The equipment storage location must be in compliance
with Town codes and regulations and will be verified and approved by the Town's Community
Development Director.
4.25 Non-Conformance. The Town reserves the right to cancel this contract for non-
conformance or non-compliance with any or all of the specifications set forth in the contract.
4.26 Landscaoina bv Town. The Town reserves the right to landscape on any Town
roundabout or along any travel lane if it is deemed necessary or appropriate by the Public Works
Director or designee.
SECTION 5. INVOICING AND PAYMENTS
5.1 Prevailing Wages: This project is subject to State of California prevailing wage. The
Director of Industrial Relations has determined the general prevailing rate of per diem wages in the
locality in which this work is to be performed for each craft or type of worker needed to execute the
work under this RFP, copies of which are on file and will be made available to any interested party
upon request or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by
Contractor at the job site. Contractor and all subcontractor(s) shall comply with all applicable Labor
Code provisions, which include, but are not limited to the payment of not less than the required
prevailing rates to all workers employed by them to perform the work described in this RFP, the
employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
Pursuant to Labor Code Section 1771.1 (a), a contractor or subcontractor shall not be qualified to bid
on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract
Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7
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of Division 2 of the Labor Code, unless currently registered with the Department of Industrial Relations
and qualified to perform public work pursuant to Section 1725.5. However, an unregistered contractor
may submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Sections 10164 or 20103.5 of the Public Contract Code, provided that the contractor is registered to
perform public work at the time the contract is awarded. Contractor shall comply, and shall require
each subcontractor employed by Contractor under this RFP to comply, with the requirements of Labor
Code Section 1776, including without limitation the requirement to maintain certified payroll records.
Town may require copies of cert ified payroll records at any time. At all times during the course of
Contractor's work hereunder, Contractor shall remain registered with the Department of Industrial
Relations and qualified to perform public work pursuant to Labor Code Section 1725.5, and Contractor
shall ensure that all subcontractors employed by Contractor under this RFP also remain so registered.
This project is subject to compliance monitoring and enforcement by the California Department of
Industrial Relations .
5.2 Compensation: In considering proposals for the work described in this RFP, Town will
provide a preference to local businesses pursuant to Section 3.12.295 of the Truckee Municipal Code .
In consideration of the performance of the work described in this RFP by Contractor, Town will pay
Contractor for work performed the lump sums established in attached Exhibit A "Bid Sheet" submitted
by Contractor and approved by Town. Payment for all other landscaping services, equipment use and
operational expenses will be on a fixed rate or shall be full compensation for the work of Contractor in
performing the work described in this RFP. Payment to Contractor shall not be made until Contractor
has fully performed and has compiled with all terms and conditions of the agreement entered into by
Town and Contractor to the satisfaction of the Town. All payment for services or standby pay shall
occur within 30 days of receipt , by Town, of invoice for said services.
5.3 Method of Payment: Contractor shall be paid the total of the lump sum rates in a total
of e ight (8) installments: Five (5) installments beginning July 1st through November 301h; and three (3)
installments beginning April1 51 through June 30th. The total lump sum amount shall be established as
per Contractor's bid on the attached Exhibit A "Bid Sheet". Invoicing for payments of the lump sum
amount will occur by Contractor anytime after the first day of the billable month, and shall total the
maximum lump sum amount, and Town will pay each installment amount within ten (1 0) thirty (30)
days of receipt of invoice from Contractor.
SECTION 6. PROPOSAL REQUIREMENTS
Contractor's proposal must address all of the following items below:
• Provide a written statement of experience in landscaping during the last five (5) years.
• Provide three (3) references related to landscaping, including contact person, phone
number, when service was provided, and a description of the service area .
• Provide the telephone number where inquiries and complaints can be received, name
of point of contact, and the expected response time after being notified by a Town
representative.
• Provide the legal description of the base of operation, including address and assessor's
parcel number.
• Provide completed Exhibit A Bid Sheet signed by Contractor.
• Provide aodendum(s), if any, signed by Contractor.
• Provide copy of Contractor's C27 License
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SECTION 7. QUALIFICATIONS SUBMITTAL
The following shall apply to all proposals submitted:
• Proposals shall be received no later than June 12, 2015 at 2:00 P.M . at Town of
Truckee, Clerk's Office, 10183 Truckee Airport Road, Truckee, CA 96161-3306.
• All proposals shall be submitted in a sealed envelope, which is clearly marked with the
RFP title "Roundabouts and Capital Improvement Landscaping in Truckee, CA".
• All proposals, whether selected or rejected, shall become the property of the Town of
Truckee.
• Cost of preparation of the proposal shall be borne by the respondent.
• The Town shall not be responsible for proposals delivered to a location other than that
specified above.
• Late proposals will not be accepted.
• If the apparently successful low bidder or proposer has an open code violation case
with the Town, the person or business will be ineligible to enter service or construction
contracts with the Town.
SECTION 8. SELECTION OF CONTRACTOR AND PRE-BID MEETING
Contractor will be selected based on the content of their submitted proposal including, but not
limited to, the following factors:
a) price
b) local experience
c) record of performance
d) qualifications and capability to perform the provisions of this contract
A pre-bid meeting will be held on June 4, 2015, at 10:00 AM in the Public Works Conference
Room at the Town of Truckee Public Service Center, 10969 Stevens Lane, Truckee, California 96161.
The successful bidder will be required to enter into a standardized "Town of Truckee Public
Services Agreement" prior to commencing work.
SECTION 9. CONFLICT OF INTEREST
Bidders warrant and covenant that no official or employee of the Town, nor any business entity
in which an official of the Town has an interest, has been employed or retained to solicit or aid in the
procuring of the resulting contract, nor that any such person will be employed in the performance of
such contract without immediate divulgence of such fact to the Town.
SECTION 10. INDEMNIFICATION AND INSURANCE REQUIREMENTS
10.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any
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manner arising out of, pertaining to, or incident to any alleged acts , errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in
connection with the performance of the work described in this RFP, including without limitation the
payment of all consequential damages, expert witness fees and attorneys fees and other related costs
and expenses. Contractor shall defend, with counsel of Town's choosing and at Contractor's own
cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by
this paragraph that may be brought or instituted against Town or its directors, officials, officers,
employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against Town or its directors, officials, officers, employees, volunteers and
agents as part of any such claim, suit, action or other proceeding . Contractor shall also reimburse
Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents
or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for Town's attorney's fees and costs, including expert witness fees. Contractor shall
reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or
volunteers.
10.2 Contractor Insurance Requirements. Upon award of bid and execution of contract, the
Contractor shall procure and maintain during the life of the contract:
• Workers Compensation Insurance.
• Contractor's Public Commercia l Genera l Liability Insurance for death or injury to a person
or persons and for property damage shall be the combined single limit of two million dollars
($2, 000, 000).
_,. Owner's Protective Automobile Liability Insurance for one million dollars ($1 ,000,000) a-A-4
FJropoR:~y· e~rn~o~ fOF ono rn;11ion Elo'l'"'r" ~ct 1 GQ 0 GGG~ 0'"' '"'R" one ~,..c ;dont aP.El t"'O rnilljon do'I"F<' •--~ ..... :::1c ........ ..., ~t.au. ......4 • , ...... ,, 1 ay u ...... t ...... -1 4\JY ,,,...... _, .............
($2 ,GGG ,GGG) aggregate .
• Contractor shall name the Town as an "additional insured."
Defense costs shall be paid in addition to all policy limits described above. Contractor shall
obtain endorsements for the coverage required herein to include as additional insureds Town, its
officials, employees and agents, using standard ISO endorsement No. GG 2010 with an edition date of
2010 or another edition date acceptable to Town. Contractor shall require all contractors,
subcontractors, and anyone else involved in any way with the work contemplated by this RFP to do
likewise . The Workers ' Compensation policy shall be endorsed with a waiver of subrogation stating
that the insurer waives all rights of subrogation against the indemnified parties. All insurance
coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the
indemnified parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
All mandatory certificates of insurance must be received and approved by the Town no later
than June 15th of the contract year. Contractor shall not commence any work under this contract until
such time as all insurance verifications are on file with the Truckee Town Clerk. Contractor shall not
allow any required insurance to be cancelled, expire or be materially reduced in coverage during the
contract period. Contractor agrees to suspend and cease all operations hereunder during such period
of time as the required insurance coverage is not in effect and evidence of insurance has not been
furnished to the Town. The Town shall have the right to withhold any payment due Contractor until
Contractor has fully complied with the insurance provisions set forth herein. In the event that
Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor
shall not be entitled to an extension of time for completion of its services because of production lost
during suspension .
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SECTION 11. PRESERVATION OF PROPERTY AND RESPONSIBILITY FOR DAMAGE
Due care shall be exercised to avoid damage to Town property, including irrigation, foliage,
snow poles , sidewalks and curbs. If such objects are injured or damaged by reason of the
Contractor's negligence, they shall be replaced or restored at Contractor's expense.
Interim inspections of Contractor's work will be made from time to time in addition to a final
inspection which will be conducted by a Town representative before June 1, 2016 as conditions
permit. A list of damages, should any exist , will be given to Contractor in order to schedule repairs.
Contractor shall repair all damage resulting from Contractor's landscaping work within a two-
week period after written notification by the Town representative. An extension of time may be
approved in excess of the two-week period if requested in writing by Contractor. The request shall
state the reasons and period of time for the request. No additional repa ir work to landscaped area
shall be required of Contractor other than that shown in the final inspection. Any work not completed
by Contractor within the designated time period may be done by the Town and the cost deducted from
monies due Contractor.
This shall not be construed as to relieve Contractor of responsibility for damage to private
facilities .
Contractor shall be responsible for any liability imposed by law and for injuries to or death of
any person or damage to property resulting from cimy cause whatsoever during progress of the work.
SECTION 12. AMENDMENTS
The contract between Town and Contractor will be able to be amended only in writing, by
mutual consent of Town and Contractor.
SECTION 13. FEDERAL, STATE & LOCAL REGULATIONS APPLICABLE
Contractor will be responsible for complying with any and all applicable Federal, State, and
Town regulations. The Town reserves the right to terminate this agreement for failure by the
Contractor to comply with any and all applicable Town, State or Federal laws.
SECTION 14. INQUIRIES
Direct all inquiries regarding the Scope of Work and RFP to:
Town of Truckee Department of Public Works
Thorn Ravey, Street Maintenance Manager
Phone: 530-582 -2903
E-mail: travey@townoftruckee .com
Continued ...
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EXHIBIT/A
Town of Tll'IUlclkee
landscaping Maintenance Servuces Request for Bids
Bid Summary Slheet
Estimated Cost
Description of Bid Areas No. of Units Per Unit
Mciver Roundabout 1 Lump Sum
Martis Roundabout 1 Lump Sum
SR 89 South Roundabout 1 Lump Sum
SR 89 North Roundabout 1 Lump Sum
Pioneer Trail Roundabout 1 Lump Sum
Truckee River Legacy Trail 1 Lump Sum
Traut Creek Restoration Reach 1 1 Lump Sum
Glenshirc Drive Lump Sum
Brock\;vay Road Trail Lump Sum
TOTAL LUMP SUM PER YEAR
Hourly Rate -Additional Work:
Hourly Rate/Laborer 1 Hr. $
Hourly Rate/Supervisor and
or Irrigation Technician 1 Hr. $
Total
Cost
$
$
$
$
$
$
$
Bids should also include hourly rates for additional work and reflect services included in the
scope of work.
RFP -Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 12 of ~ 33
EX HI B IT "K"
TO W N OF T R UCKEE
PR O FESS I ONAL SERV ICES AGREEMENT -RO UND-ABOUTS AND CAPITAL
I M P ROVEMENT LANDSCAP I NG IN TRUCKEE, CA
Contract# C-20'15-__ _
'I. PARTIES Ai\JD DATE .
This Agreement is made and entered into this __ day of , 20_, by and
between the Town of Truckee , a municipal corporation , organized under the laws of the State of
California , with its principal place of business at 10183 Truckee Airpori Rd ., Truckee , California ,
96161 ("Town ") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS ; I.E.,
CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY ,
SOLE PROPRIETORSH IP, ETC.], with its principal place of business at [INSERT ADDRESS]
("Contracto r"). Town and Contractor are sometimes individually referred to herein as "Pariy "
and collective ly as "Parties."
2. RECITA L S.
2.1 Con tractor.
Contractor des ires to perform and assume responsibil ity for the provrsron of certain
landscaping services required by the Town on the terms and conditions set forth in t his
Agreement. Con tractor represents tha t it is e x perienced in providing professional landscaping
contracting services to public clients , is licensed in the State of California , and is familiar with
the plans of Town .
2.2 Proj ect
Town desires to engage Contractor to render such landscaping services for the Truckee
round-abouts and capital improvements as set fo rt h in this Agreement.
3. T ER M S.
3.1 Scope of Servic es and Te rm.
3.1.1 Gene ral Scope of Services . Contractor promises and agrees to furnish to
the Town all labor, materials , tools , equipment , services, and incidental and customary work
necessary to fu ll y and adequately supply the professional landscaping contracting services
necessary for landscaping the Truckee round-abouts and cap ital improvements ("Services ").
The Services are more particu larly described in Attachment "1" attached hereto and
incorporated he rein by reference . All Services shall be subject to , and performed in accordance
with , this Agreement , the exhibits attached hereto and incorporated herein by reference , and all
applicable loca l, state and federal laws , rules and regulations .
3.1.2 Term . The term of this Agreement shall be from [INSERT DATE] to
[INSERT DATE], unless earlier terminated as provided herein . The Town sha ll have the option ,
if acceptable to Contractor , to renew this Agreement for no more than two (2)
22 of 33
additional one-year terms . Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines .
3.2 Respo nsibilities of Contractor.
3.2.1 Independent Contractor: Control and Pavment of Subordinates . The
Services shall be performed by Contractor or under its supervision . Contractor will determine
the means , methods and details of performing the Services subject to the requirements of this
Agreement. Town retains Contractor on an independent contractor basis and not as an
employee . Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be
under Contractor's exclusive direction and control. Neither Town , nor any of its officials ,
officers , directors , employees or agents shall have confrol ove r the conduct of Contractor or any
of Contractor's officers , employees , or agents , except as set forth in this Agreement. Contractor
shall pay all wages , salaries , and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law . Contractor shall be
responsible for al l reports and obligations respecting such additional personnel , including , but
not limited to : social security taxes , income tax w ithholding , unemployment insurance , disability
insurance , and workers' compensation insurance .
3.2.2 Schedule of Serv ices . Contractor shall perform the Services
expeditiously , within the term of this Agreement , and in accordance with the Scope of Work set
forth in Attachment "1" attached hereto and incorporated herein by reference . Contractor
represents that it has the professional and technica l personnel required to perform the Services
in conformance with such conditions . In order to facilitate Contractor's conformance with the
Schedu le of Services , Town shall respond to Contractor's submittals in a timely manner. Upon
request of Town , Contractor shall provide a more detailed schedule of anticipated performance
to meet the Schedule of Services .
3.2 .3 Conformance to Applicable Requirements . All work prepared by
Contractor shall be subject to the approval of Town .
3.2.4 Substitution of Kev Personnel. Contractor has represented to Town that
certain key personnel will perform and coordinate the Serv ices under this Agreement. Should
one or more of such personnel become unavailable , Contractor may subst itute other personnel
of at least equal competence upon written approval of Town . In the event that Town and
C.ontractor cannot agree as to the substitution of key personnel , Town shall be entitled to
terminate this Agreement for cause . As discussed below, any personne l who fail or refuse to
perform the Services in a manner acceptable to the Town, or who are determined by the Town
to be uncooperative , incompetent, a threat to the adequate or timely completion of the Services
or a threat to the safety of persons or property , shall be promptly removed from the Services by
the Contractor at the request of the Town . The key personnel for performance of this
Agreement are as follows : [INSERT NAME AND TITLE].
3.2.5 Town's Representative . The Town hereby designates Thom Ravey ,
Street Maintenance Manager, or his/her designee , to act as its representative in all matters
pertaining to the administration and performance of this Agreement ('Town's Representative ").
Town's Representative shall have the power to act on behalf of the Town for review and
approval of all products submitted by Contractor but not the authority to enlarge the Scope of
23 of 33
Worl< or change the total compensation due to Contractor under this Agreement. The Town
Manager shall be authorized to act on Town's behalf and to execute all necessary documents
which enlarge the Scope of Worl< or change the Contractor's total compensation subject to the
provis ions contained in Section 3 .3 of this Agreement. Contractor shall not accept direction or
orders from any person other than the Town Manager, Town's Representative or his/her
designee .
3.2.6 Contractor's Representative . Contractor hereby designates
________ or his/her designee , to act as its representative for the performance of this
Agreement ("Contractor's Representative "). Contractor's Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor's Representative shall supervise and direct the Services , using his/her best sl<ill and
attention , and shall be responsible for all means , methods , techniques , sequences , and
procedures and for the sa t isfactory coordination of all portions of the Services under this
Agreement.
3.2 . 7 Coord ination of Services . Contractor agrees to worl< close ly with Town
staff in the performance of Services and sha ll be available to Town's staff, Contractors and
other staff at al l reasonab le times .
3.2.8 Standard of Care : Pe1iormance of Employees . Contractor shall perform
all Services under this Agreement in a sl<illfu l and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California . Contractor represents and maintains t hat it is skilled in the professiona l
ca lling necessary to perform the Services . Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them . Finally , Contractor represents that it , its employees and subcontractors have all licenses ,
permits , qualifications and approvals of whatever nature that are legally required to perform the
Services , and that such licenses and approvals sha ll be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement , Contractor
shall perform, at its own cost and expense and without reimbursement from the Town , any
services necessary to correct errors or om issions which are caused by the Contractor's failure to
comply with the standard of care provided for herein . Any employee of the Contractor or its
sub-Contractors who is determined by the Town to be uncooperative , incompetent , a threat to
the adequate or timely completion of the Services , a threat to the safety of persons or property ,
or any employee who fails or refuses to perform the Services in a manner acceptable to the
Town, shall be promptly removed from the Serv ices by the Cont ractor and shall not be
re-employed to perform any of the Services .
3.2 . 9 Laws and Requlations . Contractor shal l l<eep itself fully informed of and
in compliance with all local , state and federal laws , rules and regulations in any manner
affecting the performance of the Services , including a ll Cai/OSHA requirements , and shall give
all notices required by law. Contract or shall be liable for all violations of such laws and
regulations in connection with Services . If Contractor performs any worl< knowing it to be
contrary to such laws , rules and regu lations , Contractor shall be solely responsible for all costs
arising therefrom . Contractor shall defend , indemnify and hold Town , its officials , directors ,
officers , employees , agents , and vo lunteers free and harmless , pursuant to the indemnification
provisions of this Agreement, from any claim or liab ility arising out of any fai lu re or alleged
failure to comp ly with such laws , rules or regulations .
3.2 .9.1 Open Code Violation Cases . Persons or businesses which have open
code vi o lation cases w ith the Town relating to their p lace of business or otherwise related to tile
24 of 33
performance of this agreement are ineligible to enter service or construction contracts with the
Town . This restriction applies whether the open code violation case applies to the work
proposed to be performed under contract with the Town or other violations of Town codes or
regulations . If a code violation case is opened after the Agreement is signed , the Town will
withhold ten (1 0%) of the Contractor 's compensation pursuant to this Agreement until
compliance is achieved . If compliance is not achieved by the termination or expiration date of
this Agreement , or within 180 calendar days of the opening date of the case (wh ichever is
longer) the withheld amount shall be permanently retained by the Town . If monies are withheld
from Contractor, Contractor shall be ineligible to bid on future Town work until the Community
Development Director verifies that compliance has been achieved . This remedy is non-
exclusive , and in addition to any other remedies in law or equity available to Town .
3.2.10 Insurance.
3 .2 .1 0 .1 Time for Compliance . Contractor shall not commence
work under th is Agreement until it has provided evidence satisfactory to the Town that it has
secured all insurance required under this section . In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has either: (i) provided evidence
satisfactory to the Town that the subcontractor has secured all insurance required under this
section ; or (ii) procured insurance covering each subcontractor to the same extent as
Contractor.
3 .2 .1 0 .2 Tvpes of Insurance Rec1uired. As a condition precedent to
the effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations
under such Agreement , shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance . If the existing policies do not meet the insurance
requirements set forth herein , Contractor agrees to amend , supplement or endorse the policies
to do so .
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as b road as Insurance Services Office "occurrence"
form CG 0001 , or the exact equivalent , and shall be no less than $1 ,000 ,000 per occurrence
and no less than $2,000 ,000 in the general aggregate . Defense costs shall be paid in addition
to the limits . The policy shall contain no endorsements or provisions limiting coverage for (1)
contractual liability ; (2) cross liability exclusion for claims or suits by one insured against
another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance : Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any
Auto" (Symbol 1 ), or the exact equivalent , covering bodily injury and property damage for all
activities shall be in an amount of not less than $1 ,000,000 combined limit for each occurrence.
[***NOTE : If Contractor does not own any company vehicles or may not be able to purchase a
Business Automobile I nsurance Policy , the requirement may be satisfied by providing either of
the following : (1) a Personal Automobile Liabi lity policy for the Contractor's own vehicle
stipulating "Automobile Liability Insurance with a limit of not less than $'1,000 ,000 each
accident"; or (2) a non-owned auto endorsement to the Commercia l General Liability policy if
Contractor uses vehicles of others (e .g ., vehicles of employees).
(C) Workers ' Compensation : Workers' Compensation Insurance , as
25 of 33
requ ired by the State of Californ ia and Employer's Liability Insurance with a limit of not less than
$1 ,00 0 ,00 0 per acc ident for bodily injury and disease .
3 .2.1 0.3 Endorsements. Required insurance policies shal l not be in
compliance if they include any limiting provision or endorsement that has not been submitted to
the Town for approval.
(A) The policy or policies of insurance requ ired by Section
3.2.1 0.2(A), Commercial General Liab ility and 3.2.1 0 .2(8), Automobile Liability Insurance shall
be endorsed to provide the follow ing :
(1) Add itional Insured : Contracto r agrees to endorse the th ird party
general liability coverage required herein to include as addit ional
insureds Town , its offi c ials, officers , employees and agents , using
standard ISO endorsement No. CG 2010 with an edition date of
20 10 , or s uch other edition date as may be ac ceptable to Town .
Contractor also agree s to require all contractors, subcontractors ,
and anyone else involved in any way with the Services
contemplated by this Agreement to do likewise.
(2) Contractor shall provide immediate written notice if (1) any of the
required insurance policies is terminated ; (2) the limits of any of
the requ ired pol icies are reduced ; (3) or the deductible or se lf
insured retention is increased .
(B) The policy or policies of insurance requ ired by Section
3.2.1 0.2(C), Workers ' Compensation, shall be endorsed to provide the following :
('I) Wa iver of Subrogation : A waiver of subrogation stating that the
insurer waives all rights of subrogation against the indemnified
parties .
(2) Cancellation : Required insurance policies shall not be canceled
or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the Town except ten (10) days
sha ll be al lowed for non-payment of premium .
3.2 . '10.4 Primarv and Non-Contributina Insurance . All insurance
coverages shal l be primary and any other insu rance, deductib le , or self-insurance maintained by
the indemnified parties shall not contribute with this primary insurance . Policies shall conta in or
be endorsed to contain such prov isions .
3.2 .1 0 . 5 Waiver of Subroaation . Required insurance coverages
shall not prohibit Contractor from waiving the right of subrogation prior to a loss . Contractor
shall waive a ll subrogation rights against the indemnified parties . Policies shall contain or be
endorsed to contain such provisions .
3 .2.1 0 .6 Deductib le . Any deductible or self-insured retention must
be appro ved in writi ng by the Town and sha ll pro tect t he indemnified parties in the same
manner and to the same extent as t hey wou ld have been protected had t he policy or pol ic ies not
26 of 33
contained a deductible or self-insured retention .
3.2.1 0. 7 Evidence of Insurance . The Contractor, concurrently with
the execution of the Agreement , and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies , or original certificates and endorsements
on forms approved by the Town . The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy , evidence of insurance showing that
such insurance coverage has been renewed or extended shall be filed with the Town . If such
coverage is cancelled or reduced , Contractor shall , within ten (1 0) days after receipt of written
notice of such cancellation or reduction of coverage, file with the Town evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies .
3.2 .1 0.8 Failure to Maintain Coveraae . Contractor agrees to
suspend and cease all operations hereunder during such period of time as the required
insurance coverage is not in effect and evidence of insurance has not been furnished to the
Town . The Town shall have the right to withhold any payment due Contractor until Contractor
has fully complied with the insurance provisions of this Agreement. In the event that the
Contractor's operations are suspended for failure to maintain required insurance coverage , the
Contractor shall not be entitled to an extension of time for completion of the Services because of
production lost during suspension .
3.2 .1 0.9 Acceptability of Insurers . Each such policy shall be frorn a
company or companies with a current A.rvl . Best's rating of no less than A:VII and authorized to
do business in the State of California , or otherwise allowed to place insurance through surplus
line brokers under applicable provisions of the California Insurance Code o r any federal law .
3 .2 .1 0.10 Insu rance for Subcontractors . All subcontractors shall be
inclu ded as additional insureds under the Contractor's policies, or the Contractor shall be
responsible for causing subcontractors to purchase the appropriate insurance in compliance
with the terms of these Insurance Requirements , including adding the Town as an Additional
Insured to the subcontractor's policies . Contractor shall provide to Town satisfactory evidence
as required under Section 3.2.1 0.1 of this Agreement.
3.2 .1 '1 SafetY . Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property . In carrying out its Services , the Contractor shall at
a ll times be in compliance with all applicable local , state and federal laws , rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed . Safety
precaut ions, where applicable , shall include, but shall not be limited to : (A) adequate life
protection and life saving equipment and procedures ; (B) instructions in accident prevention for
all employees and subcontractors , such as safe walkways , scaffolds , fall protection ladders ,
bridges, gang planks , confined space procedures , trenching and shoring , equipment and other
safety devices , equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries ; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures .
3.2.12 Water Quality rvlanaqement and Compliance .
3.2 . ·12 .1 Storm Water rvlanaaement. Storm , surface , nuisance , or
other waters may be encountered at various times during the Services. Contractor hereby
27 of 33
acknowledges that it has investigated the risk aris ing from such waters , and ass u mes any and
all risks and liabilities arising therefrom .
3 .2 . ·12 .2 Compliance w ith \/Vater Qualitv Laws . Ordinances and
Reou lations . Contractor shall keep it self a nd all subcontractors , staff, and employees fully
informed of and in compliance with all local , state and federal laws , rules and regulations that
may impact, or be implicated by the performance of the Services includ ing , without lim itation , all
appli cable provisions of the Town 's ord inances regulating water qual ity and storm water; the
Federal \/Vater Pollution Contro l Act (33 U .S .C. §§ 1300); the California Porter-Cologne Water
Quality Con t rol Act (Cal \/Vater Code §§ 13000-14 95 0); and any and all regulations , policies , or
permits issued pursuant to any such author ity . Contractor shall additionally comply w ith the
lawful requirements of the Town , and any other municipality , d r ainage district , or other local
agency w ith jurisdiction over the locat ion where the Serv ices are to be conducted , regulating
water qua lity and storm water discharges .
3 .2 .12 .3 Standard of Care . Contractor warrants that all employees
and subcontractors shall have sufficient skill and experience to perform the work assigned to
them without impacting water quality in v iolation of the laws , regulations and policies desc ribed
in Section 3 .2 .12 .2 of this Agreement. Contractor further warrants that it , its employees and
subcontractors have or will receive adequate training , as determined by the Town , regarding
these requirements as they may relate to th e Services .
3 .2 .12.4 Liability for Non-cornpliance .
(A) Indemnity : Failure to comply with laws , regulations , and
ord inances listed in Section 3.2 .12 .2 of this Agreement is a violation of federal and state law .
Notwithstanding any other indemnity contained in this Agreement , Contractor agrees to
indemnify and ho ld harmless the Town , its officials , officers , agents , employees and authorized
volunteers from and against any and all cla ims , demands , losses or liabilities of any kind or
nature which the Town , its officials , officers , agents , employees and authorized volunteers may
sustain or incur for noncompl iance with the laws , regulations , and ord inances listed above,
arising out of or in connection with the Serv ices , except for liability resulting from the sole
established negl igence, willfu l misconduct or active negligence of the Town , its officia ls , officers ,
agents , employees or authorized volunteers .
(B) Defense : Town reserves the right to defend any enforcement
action or civil action brought against the Town for Contractor's failure to comply with any
applicable water quality law , regulation , or policy . Contractor hereby agrees to be bound by ,
and to reimburse the Town for t he costs associated with , any settlement reached between the
Town and the relevant enforcement entity .
(C) Damages : Town may seek damages f rom Contractor for de lay in
completing the Services caused by Contractor's failure to comply with the laws , regulations and
po licies described in Section 3 .2.12.2 of th is Agreement, or a ny other relevant water quality law,
regulation , or policy .
3.3 Fees a nd Pay m e nts .
3.3 .1 Compensation . Contractor shall re ceive compensation , inc luding
authorized reimbursements , for a ll Services rendered under thi s Agreement at the rates set forth
in Exhib it "C" attached hereto and incorpora t ed herein by refe rence . The total compensatio n
shall not exceed [IN S ERT AMOUNT WRITTEN OUT] ($[IN S ER T N U MBER]) without written
28 of 33
approval of the Town Council or T own Manager as applicable . Ext1·a Worl< may be authorized ,
as described below, and if authorized , will be compensa ted at the rates and manner set forth in
this Agreement.
3.3.2 Pavment of Compensat ion . Contractor shall submit to Town a monthly
invoice which indica tes worl< comple ted and hours of Services rendered by Contractor. The
invoice shall describe the amount of Services prov ided since the initial commencement date, or
since the start of the subsequent billing periods , as appropr iate , through the date of the invo ice .
Town shall , within 30 days of receiv ing such invoice , review the invoice and pay all non -disputed
and approved charges thereon . If the Town disputes any of Contractor's fees , the Town shall
give written notice to Contractor w ithin thirty (30) clays of receipt of an invoice of any disputed
fees set forth therein .
3.3.3 Reimbursement for Expe nses . Contractor shall not be reimbursed for any
expenses unless authorized in writing by Town , or included in Ex hibit "C " of this Agreemen t.
3.3.4 Extra Worl<. At any time during the term of this Agreement , Town may
request that Contractor perform Ext ra Worl<. As used herein , "E xtra Worl<" means any worl<
which is determ ined by Town to be necessary for t he proper completion of the Services , but
which the Pa1iies did not reasonab ly anticipate would be necessary at the execut ion of th is
Agreement. ~ontractor shall not perform , nor be compensated for , Extra Worl< without written
authorization from the Town .
3.3.5 Rate Increases . In the event that this Agreement is renewed pursuant to
Section 3 .1 .2 , the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C ."
3.3.6 Prevailina Waaes . Contractor is aware of the requirements of California
Labor Code Section 1720 , et sea ., and 1770, et sea ., as well as California Code of Regulations ,
Title 8 , Section 16000, et seq ., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requ irements on "publ ic works" and
"maintenance" projects . Since the Services are being performed as pa1i of an applicable "public
works" or "maintenance" project, as defined by the Preva iling Wage Laws , and since the tota l
compensation is $1 ,000 or more , Contractor agrees to fully comp ly with such Prevailing Wage
Laws . Contractor shall comply , and shall require each subcontractor employed by Contractor to
provide Services to comply , with the requirements of Labor Code Section 1776, including
without lim itation the req ui rement to maintain certified payroll records . Contractor shal l submit
certified payroll records directly to the California Labor Commissioner. At all times during the
course of Contractor's work on the Project , Cont ractor shall remain registered with the
Departmen t of Industria l Relations and qua lified to perform public work pursuant to Labo r Code
Section 1725.5, and Contractor shall ensure that al l subcontractors employed to provide
Services by Co ntractor also remain so registered . Town sha ll p rovide Contractor with a copy of
the preva iling rates of per diem wages in effect at the commencemen t of this Agreement.
Contractor shall make copies of the prevai ling rates of per diem wages fo r each craft ,
class ification or type of worker needed to execute the Services avai lable to interested parties
upon request , and shall post copies at the Contractor's principal place of business and at the
project site . Contractor shall defend , indemnify and hold the Town , its officials , officers ,
employees , agents , and volunteers free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws .
3.4 Accou nting Records.
29 of 33
3.4.1 Maintenance and Inspection . Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shal l be clearly identifiable . Contractor shall all ow a representative of Town during
normal business hours to examine , audit , and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Contractor shall allow inspection of all
work , data , documents , proceedings , and activities related to the Agreement for a period of
three (3) years from the date of final paymen t under this Agreement.
3.5 Ge n e ra l Pr ovisio ns.
3. 5. 1 Termination of Aareement.
3 .5.1.1 Grounds for Termination . Town may , by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written no t ice to Contractor of such termination , and specifying the effective date thereof,
at least seven (7) days before the effective da te of such termination . Upon termination ,
Contractor shall be compensated on ly for those services which have been adequa tely rendered
to Town, and Contractor shall be entitled to no further compensation . Contractor may not
terminate this Agreement except for cause .
3 .5 .1.2 Effect of Termination . If this Agreement is terminated as provided
he rein , Town may require Contractor to provide all finished or unfinished Documents and Da t a
and other information of any kind prepared by Contractor in connection w it h the performance of
Services under this Agreement. Contractor shall be required to provide such document and
other informa tion with in fifteen (15) days of the request.
3.5. ·1.3 Addit ional Services . In th e event this Ag reement is terminated in
whole or in part as provided herein , Town may procure , upon such terms and in such manner as
it may determine appropriate , services similar to those term inated .
3.5.2 Deliverv of Notices . All notices permitted or required under this
Agreement shall be given to the respective part ies at the following address , or at such other
add ress as the respective parties may provide in writing for this purpose :
Contractor:
Town :
[INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT TOWN STATE ZIP]
ATTN : [INSERT NAME AND T ITLE]
Town of Truckee
10183 Truckee Airport Road
Truckee , CA 96161
ATTN : Town Manager
Such notice shall be deemed made when personally delivered or when mailed , forty-
eight (48) hours after deposit in the U.S. Mail , first class postage prepaid and add ressed to the
party at its applicab le address . Actual notice shall be deemed adequate notice on the date
actual notice occurred , regardless of the method of service .
3.5 .3 [reserved]
30 of 33
3.5.4 Cooperation : Further Acts . The Parties shall fu lly cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary , appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party , either legal , administrative o r otherwise , arising out of or in connection with this
Agreement , the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney 's fees and all other costs of such act ion .
3.5 .6 Indemnification .
3 .5.6.1 Scope of lndemnitv . To the fullest e xtent permitted by law ,
Con t rac tor shall defend , indemnify and hold the Town , its directors , officials , officers ,
employees , volunteers and agents free and harm less from any and all c laims , demands , causes
of action , costs , e xpenses , liability , loss , damage or injury of any kind , in law or equity , to
property or persons , including wrongful death , in any manner arising out of, pertaining to , o r
incident to any alleged acts , errors o r omissions , or w illful misconduct of Contractor, its officials,
officers , employees , subcontractors , Contractors or agents in connection with the performance
of the Contractor's Services or this Agreement , including without limitation the payment of all
consequential damages , e xpert witness fees and attorneys fees and other related cos t s and
expenses . Notwithstanding the foregoing , to the extent Contractor's Services are subj ect to
Civil Code Section 2782 .8, the above indemnity shall be limited , to the extent required by Civil
Code Section 2782 .8 , to claims that arise out of, pertain to , or relate to the negligence ,
recklessness , or willfu l misconduct of the Cont ractor.
3.5.6 .2 Additional lndemnitv Obliaations . Contractor shall defend , with
counsel of Town 's choosing and at Contractor's own cost , expense and risk , any and all c la ims ,
suits , actions or other proceedings of every kind covered by Sect ion 3 .5 .6.1 that may be brought
or instituted against Town or its directors , officials , officers , employees , volunteers and
agen ts. Cont ractor shall pay and satisfy any judgment, award or decree that may be rendered
against Town or its directors , officials , officers , employees , vo lunteers and agents as part of any
such claim , suit , act ion or other proceeding . Contractor shall also reimburse Town for the cost
of any settlement paid by Town or its directors , officials , officers , employees , agents or
volunteers as part of any such claim , suit , action or other proceeding . Such reimbursement
shall include payment for Town's attorney's fees and costs , including expert witness
fees . Contractor shall re imburse Town and its directors , off icials , officers , employees , agen ts,
and/or volunteers , for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided . Contractor's obligation to
indemnify shall not be restricted to insurance proceeds , if any , received by the Town , its
directors , officials officers , employees , agent s, or volunteers .
3.5 .7 Entire Aareement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations ,
unders t andings or agreements . This Agreement may only be modified by a writing signed by
both parties .
3.5.8 Governing Law . This Agreement shall be governed by the laws of the
State of California . Any action to interpret or enforce this Agreement shall be brought in the
Truckee branch of the Nevada County Superior Court .
3.5.9 T ime of Essence . Time is of the essence for each and eve ry provision of
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this Agreement.
3 .5 .10 Town's Rioht to Employ Other Contractors . Town reserves the right to
employ other Contractors in connection with landscape maintenance services .
3 .5 .11 Successors and Assio ns . This Agreement sha ll be binding on the
successors and assigns of the parties.
3.5 .12 Assionment or Transfer. Contractor sha ll not assign , hypothecate , or
transfer , either direct ly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Town . Any attempt to do so shall be null and void , and any
assignees , hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment , hypothecation or transfer.
3. 5 .13 Construction : References : Captions . Since the Parties or their agents
have participated fully in the preparation of this Agreement , the language of this Agreement
shall be construed simply , according to its fair meaning , and not strictly for or against any Party.
Any term referencing time , days or period f o r performance shall be deemed calendar days and
not work clays . A ll references to C o ntractor include all personne l, employees , agents , and
subcontractors of Contractor, except as otherwise specified in this Agreement. All refe rences to
Town include its elected officials , officers , employees , agents , and volunteers e x cept as
otherwise specified in this Agreement. The capt ions of the various articles and paragraphs are
for convenience and ease of reference only , and do not define , limit, augment, or describe the
scope , content , or intent of this Agreement.
3.5 .14 Amendment: Modification . No supplement, modification, or amendment
of this Agreement shal l be binding unless e xecuted in writing and signed by both Parties .
3. 5 .15 Waiver. No waiver of any default sha ll constitute a waiver of any other
default or breach , whether of the same or other covenant or condition . No waiver , benefit ,
pr ivilege , or service vo luntarily given or performed by a Party shall g ive the other Party any
contractual rights by custom , estoppel , or otherwise .
3. 5 .16 No Th ird-Party Beneficiaries . There are no intended third party
beneficiaries of any right or obligat ion assumed by the Parties .
3.5 .17 Invalidity: SeverabilitY . If any portion of this Agreement is declared
invalid , illegal , or otherwise unenforceable by a court of competent jurisdiction , the remain i ng
prov isions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
emp loyed nor retained any company or person , other than a bona fide employee working solely
fo r Contractor, to so li cit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed t o pay any conipany or person , other than a bona fide employee working
solely for Contractor, any fee , commission , percentage , brokerage fee , gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty , Town shall have the right to rescind this Agreement without
liability . Fo r the term of th is Agreement, no member, officer or emp loyee of Town , during the
term of his or her serv ice with Town , shall have any direct interest in this Agreement , or obtain
any present or antic ipated material benefit ar ising therefrom .
3.5 .19 Equa l Opportun ity Employrnent. Contractor repre s ents that it is an equa l
opportun ity employer and it shall not discrim inate aga inst any subcontractor, employee or
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applicant for employment because of race , religion , color, nationa l origin , handicap , ancestry,
sex or age . Such non -d iscrimination shall include , but not be lim ited to , all activ ities related to
initia l employment , upgrading , demotion , transfer , recruitment or recruitment advertising , layoff
or termination .
3 .5.20 Labor Certification . By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code , and agrees to comply with such
provisions before commencing the performance of the Services .
3.5 .21 Authority to Enter Aqreement. Contractor has all requisite power and
authority to conduct its business and to execute , deliver , and perform the Agreem e nt. Each
Party warrants that the individuals who have signed this Agreement have the legal power , right ,
and authority to make this Agreement and bind each respective Pa1iy .
3 .5 .22 Counterparts . This Agreement may be signed in counterparts , each of
which shall constitute an original.
3.6 S ubcontracti n g .
3 .6 .1 Prior Approval Required . Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein , without prior written
approval of Town . Subcontracts , if any , shal l contain a provision making them subject to all
provisions stipulated in this Agreement .
TO WN O F TR UCK EE
Approvecl by:
Tony Lashbrook
Town Manager
CONTR A CTOR
Reviewed and Accepted by Contractor
Signature
Name
Title : [Must be : Chairperson of the Board ,
Secretary , President , or Vice President]
Date
33 of 33
Approvecl as to Form :
Andrew Morris
Town Attorney
Signature
Name
Title : [Must be Secretary , Assistant
Chief Financial Officer, or Treasurer]
Date
ATTACHMENT 1
REQUEST FOR PROPOSALS
FOR
ROUND-ABOUTS AND CAPITAL IMPROVEMENT
LANDSCAPING IN TRUCKEE, CA
PROPOSAL DUE DATE: June 12,2015 TIME DUE: 2:00P.M.
Town of Truckee
Clerk's Office
10183 Truckee Airport Road
Truckee, CA 96161-3306
Tel: 530-582-7700
Fax: 530-582-7710
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 1 of 33
SPECIFICATIONS FOR
ROUND-ABOUTS AND CAPITAL IMPROVEMENT
LANDSCAPING IN TRUCKEE, CA
June 8, 2015
SECTION 1. INTRODUCTION
The Town of Truckee is soliciting sealed proposals for landscaping service of round-abouts and
recent capital improvement areas throughout Truckee, California (see attached Exhibit A).
SECTION 2. DEFINITIONS
The work under this contract shall be done in accordance with the specifications identified in
the following sections. Whenever the following terms are used in these specifications, they shall be
understood to mean and refer to the following : Town or Town of Truckee represented by the Director
of Public Works, acting directly or through properly authorized agents , assistants , and
superintendents, acting severally within the scope of the particular duties delegated to them.
SECTION 3. DURATION OF CONTRACT
The term of this contract shall be for one year with a possible contract extension of up to two
additional years if mutually agreed upon by Town and the Contractor (See attached Exhibit K). The
term of the 2015/16 contract shall be from July 1, 2015 through June 30, 2016. On or before May 15 ,
2016 , the Town shall determine whether to propose to Contractor to extend the contract for one
additional year for winter season 2016/17. Should the Town propose to extend the contract for one
additional year, the Contractor must respond with its decision within ten days of notification from the
Town . Should the Town and Contractor mutually agree to extend the contract for one additional year,
the Contractor's lump sum costs and hourly rates in the Contractor's orig inal proposal shall remain in
effect for the second contract year . For 2017/18, the same terms shall apply should the third year
contract be exercised.
SECTION 4. SCOPE OF WORK FOR LANDSCAPING SERVICES
The following scope of work shall be performed by Contractor as a part of the Contractor's bid
proposal to be provided in Exhibit A. Items identified as "Extra Work" need not be included in
Contractor's bid proposal.
4.1 Locations for Service : Exhibits B through J identify the landscaping service areas which
are detailed below:
Area 1:
Area 2
Area 3:
Area 4:
Area 5:
Area 6:
Area 7:
Mciver Roundabout (Exhibit B)
Martis Roundabout (Exhibit C)
State Route 89 South Roundabouts (Exhibits D and E)
State Route 89 North Roundabouts (Exhibits F and G)
Pioneer Trail Roundabout (Exhibit H)
Truckee River Legacy Trail (Exhibit I)
Trout Creek Reach 1 (Exhibit J)
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee , CA
Page 2 of 33
Note that Areas 6 and 7 are maintenance areas for recently-constructed Town Capital Improvement
Projects (CIPs). These areas are being monitored by the Town while the vegetation establishes. As
such , certain standards of care apply for both of these sites (Truckee River Legacy Trail and Trout
Creek Reach 1) as described in section 4.20 below.
4.2 Overview: The contractor is required to provide all equipment, materials , services,
supervision and labor necessary to maintain a growing, healthy landscape with an attractive, clean,
neat appearance throughout the maintenance period indicated herein . Work includes repair and
replacement of damaged materials and irrigation equipment, accurate record keeping of work
performed and communication with Town's Representative .
Contractor may be required to perform additional landscaping services at the request of
the Town . Contractor shall be required to respond within a minimum of twenty-four (24) hours to a
request from the Town .
4 .3 Workmanship : Contractor is expected to supply a quality of services as needed to
maintain the landscape in an excellent condition as determined by the Town representative. Tasks
described herein are minimum standards and shall not preclude additional work as necessary to
ma intain the landscaping in excellent condition .
4.4 Licenses. Permits. Assurances and Compliance : The contractor shall comply with all
storm water and water conservation regulations, including Truckee Donner Public Utility District Water
Conservation Ordinance #2014-05. Contractor shall maintain all Town, County, State and Federally
required employer and liability insurance coverage as well as be fully bonded. All required licenses,
permits and qualifications including the C-27 license and/or the California State Landscape
Contractor's License and Agricultural Pest Control Operator's License shall be maintained and
available for inspection at all times. A secondary Caltrans encroachment permit is to be obtained by
Contractor for work within Areas 3 and 4 . The Town will reimburse Contractor the cost for any fees
charged by Caltrans for said permit. A 24 hour emergency phone number shall be supplied by
Contractor to Town 's representative . A maximum 24 hour response time is required .
4.5 Damages and Changes: Repair of damages to landscaping or irrigation systems and
replacement of dead, dying or missing plants not caused by Contractor will be treated as "Extra Work".
The Contractor shall promptly notify the Town of any dead, dying, damaged or missing plant material
and damaged , inoperable , or missing irrigation system components. Contractor shall include a written
description of proposed repair work, together with an estimated cost. Upon approval of the Town
Representative, Contractor shall promptly complete repairs . Contractor shall warranty repairs for one
full year from installation.
4 .6 Weekly Services: Weekly perennial bed maintenance work shall begin on April 1st, or
as soon thereafter as weather permits , and shall end November 151 . Work includes weeding, dead
heading , trash pickup, irrigation inspection, maintenance and perennial bed management.
4. 7 Weekly Weed Control: Planter beds shall be kept free of weeds. Both cultivation and
mulching are recommended as weed control. All cobble and joints of paved walk areas shall also be
kept weed free . Replenish bark mulch yearly and as needed .
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee , CA
Page 3 of 33
4.8 Weekly Trash Removal : All landscape area shall be kept free of trash and debris from
plant materials. Trash and plant debris shall be picked up a minimum of once per week. Additional
cleanup which becomes necessary as a result of special events or other unusual circumstances shall
be carried out at the Towns request and expense .
4 .9 Weekly Irrigation-System Inspection : Inspections of system shall be conducted to
ensure that all irrigation heads are providing full coverage and even application, without runoff or
overspray on to hard surfaces or puddling and rills in planter beds . Irrigation heads must be clear of
obstructions that cause uneven application. Filter screens should be checked monthly with output
adjustments made as needed . Raise or lower sprinkler heads as needed.
4 .10 Monthly Irrigation -Controllers: Controllers shall be checked to see that appropriate
start time and run times are used in accordance with current weather patterns and that system is
working should 'rain delay' have been implemented. If rain delay is used, Contractor shall see that all
aspects of the controller are in proper working order. In case of emergency, the Town's representative
shall have a key to access the controller box accompanied by appropriate instructions for emergency
situations.
4.11 Monthly Staking and Guying : Regular monthly inspection by Contractor shall assure
that all stakes and ties are maintained with replacements provided as necessary. Care shall be taken
to prevent damages such as girdling or bark wounds from rubbing . When tree trunk attains a 4"
caliper, the Contractor shall consider removal of supports.
4 .12 Monthly Edging and Trimming: Edges shall be trimmed twice monthly or as needed
along pavement edges and curbs. Trim around sprinkler heads as needed to ensure unobstructed
spray and optimal sprinkler operation. String trimmers shall be used as necessary around stationary
objects . Excess or unsightly clippings are to be removed. Groundcovers should be trimmed back to
prevent obstruction of walks and drives . Allow materials to take on natural form without invading
adjacent spaces or hard surfaces .
4 .13 Annual Services: Annual services shall include top dressing/mulching planting beds
(mulching of planting beds shall be maintained at a minimum depth of1 %"),winter shrub wrapping
(November/ December), annual staking and guying of trees less than 15 ' in height, winter shut down of
irrigation system (November/December), spring cleanup and spring start up and repairs of irrigation
system, including excess road sand removal.
4.14 Annual Pruning Trees and Shrubs: In general, pruning must only be used to remove
dead or dying growth, to provide safe clearance, or to ensure healthy, active growth of trees, shrubs
and groundcovers. Perform proper horticultural techniques for each species at all times. All trimmings
must be properly disposed of off-site. Any excessively pruned or misshapen materials as determined
by Town Representative shall be removed and replaced at Contractor's expense . Selectively prune to
reduce toppling and wind damage, to maintain natural appearance, to balance crown with roots, to
eliminate dead, damaged or diseased growth, to correct misshaping from winds and snow, to prevent
obstruction of walks and drives, to prevent rubbing on walls and fences . Lower limbs on young trees
shall be preserved where possible until tree develops caliper strength to stand without support from
stakes or guys. Damaged, diseased, dead or portions which pose health or safety hazards shall be
pruned as necessary . Trees and shrubs less than 15' in height shall be wrapped prior to snowfall and
unwrapped during spring cleanup.
RFP-Round -Abouts and Capital Improvement Landscaping in Truckee, CA
Page 4 of 33
4.15 Annuals and Bulbs: Divide Bulbs and install annual color as directed by Town
representative in spring of each new season . This shall be considered "Extra Work".
4.16 Annual Irrigation -Winterization: All irrigation lines shall be drained in a manner so as
to prevent damage due to freezing in winter months.
4 .17 Irrigation-General: Irrigated systems shall be kept in top working order to insure that
optimal plant growth and health are maintained without excess water waste and runoff.
4.18 Irrigation -Repairs: Damages to system caused by Contractor or Contractor's crew
shall be repaired immediately at Contractor's expense . Repairs are to be made within one watering
cycle . Damages to system which are not the fault of the Contractor must be reported to the Town
representative in writing with a description and estimated cost of repairs. This includes changes to
system which may become necessary. Upon approval, repairs shall be made at the Towns expense.
4 .19 Compliance with Town of Truckee's Municipal NPDES Permit: In order to comply with
the Town of Truckee's Municipal National Pollutant Discharge Elimination System (NPDES) Permit,
the following is required:
• Keep grass clippings and leaves away from waterways and out of the street using mulching,
composting, or landfilling;
• Do not use pesticides, herbicides and fertilizers during irrigation or within 48 hours of predicted
rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric
Administration (NOAA);
• Limit herbicide and pesticide use (e.g., conducting manual weed and insect removal);
• Application of pesticides, herbicides and fertilizers should be consistent with the regulat ions
DPR 11-004 Prevention of Surface Water Contamination by Pesticides enacted by the
Department of Pesticide Regulation (http ://www.cdpr.ca .gov/docs/legbills/rulepkgs/11-004/11-
004.htm );
• Collect and properly dispose of unused pesticides , herbicides, and fertilizers ;
• Minimize irrigation run-off by using an evapotranspiration-based irrigation schedule and rain
sensors when possible; and
• Record the types and amounts of pesticides, herbicides and fertilizers used in the permit area
and report their use to the Town of Truckee.
4.20 Requirements specific to Town CIP Vegetation Establishment Projects : Areas 6 and 7
(Truckee River Legacy Trail and Trout Creek Reach 1) are maintenance areas for recently-constructed
Town Capital Improvement Projects (CIPs). Vegetation in these areas is currently being established .
Plantings in these areas shall be provided supplemental irrigation to facilitate initial establishment and
the following standards apply :
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 5 of 33
General Weeding Requirements
a. Each weeding event shall occur at 2-4 week intervals.
b . Weed control shall consist of maintaining the individual planting sites, plant clusters, areas
between individual planting sites and plant clusters, free of weeds .
c. Weed control shall consist of mechanical or manual methods, whenever possible, to
maintain the seeded areas free of weeds. Mowing will not be allowed.
d. Grass and broad leaf weeds shall at no time exceed 12 inches in height or occupy 10% of
the ground cover between planting sites. Broad leaf weeds shall be removed before they set
seed . Native volunteer plants shall be preserved whenever possible.
e. Planting areas shall be surveyed regularly for the presence of any "noxious" and "invasive"
weeds listed by the CDFA, Cai-IPC, or LTBMU. If any such species are found, their most
recent ratings shall be reviewed . A separate section in each monitoring report shall be
provided listing those species found at the site with their most recent weed ranking.
f. The contractor shall eradicate all CDFA rated "A", Cal-l PC rated "High", or L TBMU Group 1
plants ("Noxious Weeds") immediately following observation and using generally accepted
practices consistent with federal, state and local laws and regulations. If Noxious Weeds
reappear, the contractor shall repeat such practices until eradication is complete (zero
tolerance). The one exception is cheatgrass (Bromus tectorum).
g. If monitoring indicates that noxious or invasive species are present, an action plan shall be
developed and implemented to minimize the presence of these species and to eliminate
any Noxious Weeds. The specific action and timing will vary depending on the species,
extenUdistribution of its presence, and latest available scientific information. If the use of
herbicides is recommended, they shall be applied only by an individual with a qualified
applicator certification or license from the California Department of Pesticide Regulation.
Project-Specific Requirements
Project specific requirements, including watering frequency, are provided below:
• Area 6: Truckee River Legacy Trail (Exhibit 1): Plantings for this project consist of 188 pine
trees planted adjacent the T-TSA plant and wetland plants placed in the wetland mitigation
area per Exhibit I.
Contractor shall fill the DriWater tubes currently installed at this location with gel on a monthly
basis in addition to watering. Plantings shall be irrigated once every four weeks between
October and May if no snow is present. Plantings shall be irrigated at least once every two
weeks between May and October for two years (until July 2017). The maintenance (irrigation
and weeding) on this site is required until July 2017. Irrigation shall not be provided after this
period to ensure plantings are self-sustaining well before the end of the monitoring and
maintenance period.
The site does not have an irrigation system . Watering will be from a truck or other equivalent
system .
• Area 7: Trout Creek Restoration (Exhibit J): This project consists of trees and shrubs
planted on the stream banks of approximately 600 LF of restored creek section per Exhibit J
between School Street and Donner Pass Road. The maintenance (irrigation and weeding)
work does not start until May 2016 and will be required to continue until Fall 2017.
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 6 of 33
Plantings on this site shall be irrigated via the installed irrigation system that must be
maintained throughout the monitoring period (including Spring turn on and Fall shut
down/winterization). These areas shall be irrigated at least once every week between May and
October until Fali 2017. Once these areas are sufficiently established, the watering may be
reduced prior to Fall of 2017.
A Noxious and Invasive Weed Survey report will be required to be submitted June and
September, documenting any found .
4.21 Special/Extra-Additional Work: Contractor may be asked to perform various
landscaping projects, including but not limited to fertilizing, outside the limits of the contract. These
projects would be paid out at the Contractors bid hourly rate .
4.22 Beginning of Work. Contractor shall be able to begin landscaping operations July 1,
2015.
4.23 Contractor Staffing Requirements . Contractor must make available during landscaping
operations one (1) supervisor. Contractor shall have a representative available at all times during
regular working hours by cellular phone.
4 .24 Base of Operations . Contractor's base of operations must be at a location with an
approved land use for landscaping business. The equipment storage location must be in compliance
with Town codes and regulations and will be verified and approved by the Town's Community
Development Director.
4 .25 Non-Conformance. The Town reserves the right to cancel this contract for non-
conformance or non-compliance with any or all of the specifications set forth in the contract.
4 .26 Landscaoino bv Town. The Town reserves the right to landscape on any Town
roundabout or along any travel lane if it is deemed necessary or appropriate by the Public Works
Director or designee.
SECTION 5. INVOICING AND PAYMENTS
5 .1 Prevailing Wages: This project is subject to State of California prevailing wage . The
Director of Industrial Relations has determined the general prevailing rate of per diem wages in the
locality in which this work is to be performed for each craft or type of worker needed to execute the
work under this RFP , copies of which are on file and will be made available to any interested party
upon request or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by
Contractor at the job site. Contractor and all subcontractor(s) shall comply with all applicable Labor
Code provisions, which include, but are not limited to the payment of not less than the required
prevailing rates to all workers employed by them to perform the work described in th is RFP , the
employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
Pursuant to Labor Code Section 1771.1 (a), a contractor or subcontractor shall not be qualified to bid
on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract
Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 7 of 33
of Division 2 of the Labor Code, unless currently registered with the Department of Industrial Re lations
and qualified to perform public work pursuant to Section 1725 .5. However, an unregistered contractor
may submit a bid that is authorized by Section 7029 .1 of the Business and Professions Code or by
Sections 10164 or 20103 .5 of the Public Contract Code, provided that the contractor is registered to
perform public work at the time the contract is awarded. Contractor shall comply, and shall require
each subcontractor employed by Contractor under this RFP to comply, with the requirements of Labor
Code Section 1776, including without limitation the requirement to maintain certified payroll records.
Town may require copies of certified payroll records at any time . At all times during the course of
Contractor's work hereunder, Contractor shall remain registered with the Department of Industrial
Relations and qualified to perform public work pursuant to Labor Code Section 1725 .5, and Contractor
shall ensure that all subcontractors employed by Contractor under this RFP also remain so registered .
This project is subject to compliance monitoring and enforcement by the California Department of
Industrial Relations.
5.2 Compensation: In considering proposals for the work described in this RFP, Town will
provide a preference to local businesses pursuant to Section 3.12 .295 of the Truckee Municipal Code.
In consideration of the performance of the work described in this RFP by Contractor, Town will pay
Contractor for work performed the lump sums established in attached Exhibit A "Bid Sheet" submitted
by Contractor and approved by Town . Payment for all other landscaping services, equipment use and
operational expenses will be on a fixed rate or shall be full compensation for the work of Contractor in
performing the work described in this RFP . Payment to Contractor shall not be made until Contractor
has fully performed and has compiled with all terms and conditions of the agreement entered into by
Town and Contractor to the satisfaction of the Town. All payment for services or standby pay shall
occur within 30 days of receipt, by Town, of invoice for said services.
5.3 Method of Payment: Contractor shall be paid the total of the lump sum rates in a total
of eight (8) installments: Five (5) installments beginning July 1st through November 30th; and three (3)
installments beginn ing April 1st through June 30th_ The total lump sum amount shall be established as
per Contractor's bid on the attached Exhibit A "Bid Sheet". Invoicing for payments of the lump sum
amount will occur by Contractor anytime after the first day of the billable month, and shall total the
maximum lump sum amount, and Town will pay each installment .amount within thirty (30) days of
receipt of invoice from Contractor.
SECTION 6. PROPOSAL REQUIREMENTS
Contractor's proposal must address all of the following items below :
• Provide a written statement of experience in landscaping during the last five (5) years .
• Provide three (3) references related to landscap ing, including contact person , phone
number, when service was provided, and a description of the service area.
• Provide the telephone number where inquiries and complaints can be received, name
of point of contact, and the expected response time after being notified by a Town
representat ive.
• Provide the legal description of the base of operation, including address and assessor's
parcel number.
• Provide completed Exhibit A Bid Sheet signed by Contractor.
• Provide addendum(s), if any, signed by Contractor.
• Provide copy of Contractor's C27 License
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 8 of 33
SECTION 7. QUALIFICATIONS SUBMITTAL
The following shall apply to all proposals submitted:
• Proposals shall be received no later than June 12, 2015 at 2:00 P.M . at Town of
Truckee, Clerk 's Office, 10183 Truckee Airport Road, Truckee, CA 96161-3306 .
• All proposals shall be submitted in a sealed envelope, which is clearly marked with the
RFP title "Roundabouts and Capital Improvement Landscaping in Truckee, CA".
• All proposals, whether selected or rejected, shall become the property of the Town of
Truckee .
• Cost of preparation of the proposal shall be borne by the respondent.
• The Town shall not be responsible for proposals delivered to a location other than that
specified above.
• Late proposals will not be accepted.
• If the apparently successful low bidder or proposer has an open code violation case
with the Town, the person or business will be ineligible to enter service or construction
contracts with the Town.
SECTION 8. SELECTION OF CONTRACTOR AND PRE-BID MEETING
Contractor will be selected based on the content of their submitted proposal including, but not
limited to, the following factors:
a) price
b) local experience
c) record of performance
d) qualifications and capability to perform the provisions of this contract
A pre-bid meeting will be held on June 4, 2015, at 10:00 AM in the Public Works Conference
Room at the Town of Truckee Public Service Center, 10969 Stevens Lane, Truckee, California 96161.
The successful bidder will be required to enter into a standardized "Town of Truckee Public
Services Agreement" prior to commencing work .
SECTION 9. CONFLICT OF INTEREST
Bidders warrant and covenant that no official or employee of the Town, nor any business entity
in which an official of the Town has an interest, has been employed or retained to solicit or aid in the
procuring of the resulting contract, nor that any such person will be employed in the performance of
such contract without immediate divulgence of such fact to the Town.
SECTION 10. INDEMNIFICATION AND INSURANCE REQUIREMENTS
10 .1 Indemn ification. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 9 of 33
manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in
connection with the performance of the work described in this RFP, including without limitation the
payment of all consequential damages, expert witness fees and attorneys fees and other related costs
and expenses. Contractor shall defend, with counsel of Town's choosing and at Contractor's own
cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by
this paragraph that may be brought or instituted against Town or its directors, officials, officers,
. employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against Town or its directors, officials , officers, employees , volunteers and
agents as part of any such claim, suit, action or other proceeding . Contractor shall also reimburse
Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents
or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for Town's attorney's fees and costs, including expert witness fees . Contractor shall
reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any , received by the Town, its directors, officials officers, employees, agents, or
volunteers.
10.2 Contractor Insurance Requirements. Upon award of bid and execution of contract, the
Contractor shall procure and maintain during the life of the contract:
• Workers Compensation Insurance.
• Commercial General Liability Insurance for death or injury to a person or persons and for
property damage shall be the combined single limit of two million dollars {$2,000,000).
• Automobile Liability Insurance for one million dollars ($1 ,000,000).
• Contractor shall name the Town as an "additional insured ."
Defense costs shall be paid in addition to all policy limits described above. Contractor shall
obtain endorsements for the coverage required herein to include as additional insureds Town, its
officials, employees and agents , using standard ISO endorsement No . CG 2010 with an edition date of
2010 or another edition date acceptable to Town. Contractor shall require all contractors,
subcontractors, and anyone else involved in any way with the work contemplated by this RFP to do
likewise. The Workers' Compensation policy shall be endorsed with a waiver of subrogation stating
that the insurer waives all rights of subrogation against the indemnified parties . All insurance
coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the
indemnified parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
All mandatory certificates of insurance must be received and approved by the Town no later
than June 15th of the contract year . Contractor shall not commence any work under this contract until
such time as all insurance verifications are on file with the Truckee Town Clerk . Contractor shall not
allow any required insurance to be cancelled, expire or be materially reduced in coverage during the
contract period . Contractor agrees to suspend and cease all operations hereunder during such period
of time as the required insurance coverage is not in effect and evidence of insurance has not been
furnished to the Town . The Town shall have the right to withhold any payment due Contractor until
Contractor has fully complied with the insurance provisions set forth herein. In the event that
Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor
shall not be entitled to an extension of time for completion of its services because of production lost
during suspension.
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 10 of 33
SECTION 11. PRESERVATION OF PROPERTY AND RESPONSIBILITY FOR DAMAGE
Due care shall be exercised to avoid damage to Town property, including irrigation, foliage,
snow poles, sidewalks and curbs. If such objects are injured or damaged by reason of the
Contractor's negligence, they shall be replaced or restored at Contractor's expense.
Interim inspections of Contractor's work will be made from time to time in addition to a final
inspection which will be conducted by a Town representative before June 1, 2016 as conditions
permit. A list of damages, should any exist, will be given to Contractor in order to schedule repairs .
Contractor shall repair all damage resulting from Contractor's landscaping work within a two-
week period after written notification by the Town representative. An extension of time may be
approved in excess of the two-week period if requested in writing by Contractor. The request shall
state the reasons and period of time for the request. No additional repair work to landscaped area
shall be required of Contractor other than that shown in the final inspection. Any work not completed
by Contractor within the designated time period may be done by the Town and the cost deducted from
monies due Contractor.
This shall not be construed as to relieve Contractor of responsibility for damage to private
facil ities .
Contractor shall be responsible for any liability imposed by law and for injuries to or death of
any person or damage to property resulting from any cause whatsoever during progress of the work.
SECTION 12. AMENDMENTS
The contract between Town and Contractor will be able to be amended only in writing , by
mutual consent of Town and Contractor.
SECTION 13. FEDERAL, STATE & LOCAL REGULATIONS APPLICABLE
Contractor will be responsible for complying with any and all applicable Federal, State , and
Town regulations. The Town reserves the right to terminate this agreement for failure by the
Contractor to comply with any and all applicable Town, State or Federal laws.
SECTION 14. INQUIRIES
Direct all inquiries regarding the Scope of Work and RFP to:
Town of Truckee Department of Public Works
Them Ravey, Street Maintenance Manager
Phone: 530-582-2903
E-mail: travey@townoftruckee.com
Continued ...
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 11 of 33
EXHIBIT A
Town of Truckee
Landscaping Maintenance Services Request for Bids
Bid Summary Sheet
Estimated Cost
Description of Bid Areas No. of Units Per Unit
Mciver Roundabout 1 Lump Sum
Martis Roundabout 1 Lump Sum
SR 89 South Roundabout 1 Lump Sum
SR 89 North Roundabout 1 Lump Sum
Pioneer Trail Roundabout 1 Lump Sum
Truckee River Legacy Trail 1 Lump Sum
Trout Creek Restoration Reach 1 1 Lump Sum
TOTAL LUMP SUM PER YEAR
Hourly Rate -Additional Work :
Hourly Rate/Laborer 1 Hr. $
Hourly Rate/Supervisor and
or Irrigation Technician 1 Hr. $
Total
Cost
$
$
$
$
$
$
$
Bids should also include hourly rates for additional work and reflect services included in the
scope of work.
RFP-Round-Abouts and Capital Improvement Landscaping in Truckee, CA
Page 12 of 33
EXHIBIT "K"
TOWN OF TRUCKEE
PROFESSIONAL SERVICES AGREEMENT-ROUND-ABOUTS AND CAPITAL
IMPROVEMENT LANDSCAPING IN TRUCKEE, CA
Contract# C-2015-__ _
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20_, by and
between the Town of Truckee , a municipal corporation , organized under the laws of the State of
California, with its principal place of business at 10183 Truckee Airport Rd., Truckee, California,
96161 ("Town") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E .,
CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY ,
SOLE PROPRIETORSHIP, ETC .], with its principal place of business at [INSERT ADDRESS]
("Contractor''). Town and Contractor are sometimes individually referred to herein as "Party"
and collectively as "Parties ."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
landscaping services required by the Town on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing professional landscaping
contracting services to public clients, is licensed in the State of California, and is familiar with
the plans of Town .
2.2 Project.
Town desires to engage Contractor to render such landscaping services for the Truckee
round-abouts and capital improvements as set forth in th is Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services . Contractor promises and agrees to furnish to
the Town all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional landscaping contracting services
necessary for landscaping the Truckee round-abouts and capital improvements ("Services").
The Services are more particularly described in Attachment "1 " attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations .
3.1.2 Term . The term of this Agreement shall be from [INSERT DATE] to
[INSERT DATE], unless earlier terminated as provided herein . The Town shall have the option,
if acceptable to Contractor, to renew this Agreement for no more than two (2)
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additional one-year terms . Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. Town retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be
under Contractor's exclusive direction and control. Neither Town, nor any of its officials,
officers, directors, employees or agents shall have control over the conduct of Contractor or any
of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance , and workers' compensation insurance.
3.2 .2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Scope of Work set
forth in Attachment "1" attached hereto and incorporated herein by reference. Contractor
represents that it has the professional and technical personnel required to perform the Services
in conformance with such conditions. In order to facilitate Contractor's conformance with the
Schedule of Services, Town shall respond to Contractor's submittals in a timely manner. Upon
request of Town, Contractor shall provide a more detailed schedule of anticipated performance
to meet the Schedule of Services .
3.2 .3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of Town.
3.2.4 Substitution of Key Personnel. Contractor has represented to Town that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Contractor may substitute other personnel
of at least equal competence upon written approval of Town . In the event that Town and
Contractor cannot agree as to the substitution of key personnel, Town shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the Town, or who are determined by the Town
to be uncooperative , incompetent, a threat to the adequate or timely completion of the Services
or a threat to the safety of persons or property, shall be promptly removed from the Services by
the Contractor at the request of the Town. The key personnel for performance of this
Agreement are as follows : [INSERT NAME AND TITLE].
3.2 .5 Town's Representative . The Town hereby designates Them Ravey,
Street Maintenance Manager, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("Town's Representative").
Town's Representative shall have the power to act on behalf of the Town for review and
approval of all products submitted by Contractor but not the authority to enlarge the Scope of
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Work or change the total compensation due to Contractor under this Agreement. The Town
Manager shall be authorized to act on Town's behalf and to execute all necessary documents
which enlarge the Scope of Work or change the Contractor's total compensation subject to the
provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or
orders from any person other than the Town Manager, Town's Representative or his/her
designee .
3.2.6 Contractor's Representative. Contractor hereby designates
_________ or his/her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor's Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means , methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with Town
staff in the performance of Services and shall be available to Town's staff, Contractors and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services . Contractor warrants that all employees and
subcontractors shall have suffic ient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualificat ions and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the Town, any
services necessary to correct errors or omissions which are caused by the Contractor's failure to
comply with the standard of care provided for herein. Any employee of the Contractor or its
sub-Contractors who is determined by the Town to be uncooperative , incompetent, a threat to
the adequate or timely completion of the Services, a threat to the safety of persons or property,
or any employee who fa ils or refuses to perform the Services in a manner acceptable to the
Town, shall be promptly removed from the Services by the Contractor and shall not be
re-employed to perform any of the Services .
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Gal/OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Services . If Contractor performs any work knowing it to be
contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs
arising therefrom. Contractor shall defend, indemnify and hold Town, its officials, directors,
officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations .
3.2 .9.1 Open Code Violation Cases. Persons or businesses which have open
code violation cases with the Town relating to their place of business or otherwise related to the
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performance of this agreement are ineligible to enter service or construction contracts w ith the
Town. This restriction applies whether the open code violation case applies to the work
proposed to be performed under contract with the Town or other violations of Town codes or
regulations. If a code violation case is opened after the Agreement is signed, the Town will
withhold ten (1 0%) of the Contractor's compensation pursuant to this Agreement until
compliance is achieved. If compliance is not achieved by the termination or expiration date of
this Agreement, or within 180 calendar days of the opening date of the case (whichever is
longer) the withheld amount shall be permanently retained by the Town. If monies are withheld
from Contractor, Contractor shall be ineligible to bid on future Town work until the Community
Development Director verifies that compliance has been achieved. This remedy is non-
exclusive, and in addition to any other remedies in law or equity available to Town.
3.2.1 0 Insurance.
3.2.1 0.1 Time for Compliance . Contractor shall not commence
work under this Agreement until it has provided evidence satisfactory to the Town that it has
secured all insurance required under this section . In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has either: (i) provided evidence
satisfactory to the Town that the subcontractor has secured all insurance required under this
section; or (ii) procured insurance covering each subcontractor to the same extent as
Contractor.
3.2 .1 0.2 Types of Insurance Required . As a condition precedent to
the effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies
to do so .
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition
to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1)
contractual liability; (2) cross liability exclusion for claims or suits by one insured against
another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any
Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all
activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence.
[***NOTE: If Contractor does not own any company vehicles or may not be able to purchase a
Business Automobile Insurance Policy, the requirement may be satisfied by providing either of
the following : (1) a Personal Automobile Liability policy for the Contractor's own vehicle
stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each
accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if
Contractor uses vehicles of others (e.g., vehicles of employees).
(C)
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Workers' Compensation : Workers' Compensation Insurance, as
I
required by the State of California and Employer's Liability Insurance with a limit of not less than
$1 ,000,000 per accident for bodily injury and disease.
3.2.1 0.3 Endorsements . Required insurance policies shall not be in
compliance if they include any limiting provision or endorsement that has not been submitted to
the Town for approval.
(A) The policy or policies of insurance required by Section
3.2 .1 0.2(A), Commercial General Liability and 3.2.1 0.2(8), Automobile Liability Insurance shall
be endorsed to provide the following:
(1) Additional Insured: Contractor agrees to endorse the third party
general liability coverage required herein to include as additional
insureds Town, its officials, officers, employees and agents , using
standard ISO endorsement No . CG 2010 with an edition date of
2010, or such other edition date as may be acceptable to Town.
Contractor also agrees to require all contractors, subcontractors,
and anyone else involved in any way with the Services
contemplated by this Agreement to do likewise .
(2) Contractor shall provide immediate written notice if (1) any of the
required insurance policies is terminated; (2) the limits of any of
the required policies are reduced; (3) or the deductible or self
insured retention is increased . ·
(B) The policy or policies of insurance required by Section
3.2 .1 0.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation : A waiver of subrogation stating that the
insurer waives all rights of subrogation against the indemnified
parties.
(2) Cancellation: Required insurance policies shall not be canceled
or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the Town except ten (1 0) days
shall be allowed for non-payment of premium.
3.2.1 0.4 Primary and Non-Contributing Insurance. All insurance
coverages shall be primary and any other insurance, deductible, or self-insurance maintained by
the indemnified parties shall not contribute with this primary insurance . Policies shall contain or
be endorsed to contain such provisions.
3.2 .1 0.5 Waiver of Subrogation . Required insurance coverages
shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor
shall waive all subrogation rights against the indemnified parties. Policies shall contain or be
endorsed to contain such provisions .
3.2.1 0.6 Deductible . Any deductible or self-insured retention must
be approved in writing by the Town and shall protect the indemnified parties in the same
manner and to the same extent as they would have been protected had the policy or policies not
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contained a deductible or self-insured retention.
3.2 .1 0. 7 Evidence of Insurance. The Contractor, concurrently with
the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates and endorsements
on forms approved by the Town. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that
such insurance coverage has been renewed or extended shall be filed with the Town. If such
coverage is cancelled or reduced, Contractor shall, within ten (1 0) days after receipt of written
notice of such cancellation or reduction of coverage , file with the Town evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies.
3.2.1 0.8 Failure to Maintain Coverage. Contractor agrees to
suspend and cease all operations hereunder during such period of time as the required
insurance coverage is not in effect and evidence of insurance has not been furnished to the
Town. The Town shall have the right to withhold any payment due Contractor until Contractor
has fully complied with the insurance provisions of this Agreement. In the event that the
Contractor's operations are suspended for failure to maintain required insurance coverage, the
Contractor shall not be entitled to an extension of time for completion of the Services because of
production lost during suspension.
3.2.1 0.9 Acceptability of Insurers . Each such policy shall be from a
company or companies with a current A.M . Best's rating of no less than A:VII and authorized to
do business in the State of California, or otherwise allowed to place insurance through surplus
line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2 .1 0.10 Insurance for Subcontractors. All subcontractors shall be
included as additional insureds under the Contractor's policies, or the Contractor shall be
responsible for causing subcontractors to purchase the appropriate insurance in compliance
with the terms of these Insurance Requirements, including adding the Town as an Additional
Insured to the subcontractor's policies. Contractor shall provide to Town satisfactory evidence
as required under Section 3.2.1 0.1 of this Agreement.
3.2.11 Safety. Contractor shall execute and ma intain its work so as to avoid
injury or damage to any person or property . In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local , state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed . Safety
precautions, where applicable, shall include, but shall not be limited to: (A) adequate life
protection and life saving equipment and procedures; (B) instructions in accident prevention for
all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges , gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures .
3.2 .12 Water Qual ity Management and Compliance.
3.2.12 .1 Storm Water Management. Storm , surface, nuisance, or
other waters may be encountered at various times during the Services. Contractor hereby
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acknowledges that it has investigated the risk arising from such waters, and assumes any and
all risks and liabilities arising therefrom.
3.2 .12.2 Compliance with Water Quality Laws. Ordinances and
Regulations. Contractor shall keep itself and all subcontractors, staff, and employees ·fully
informed of and in compliance with all local, state and federal laws, rules and regulations that
may impact, or be implicated by the performance of the Services including, without limitation, all
applicable provisions of the Town 's ordinances regulating water quality and storm water; the
Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water
Quality Control Act (Cal Water Code§§ 13000-14950); and any and all regulations, policies, or
permits issued pursuant to any such authority . Contractor shall additionally comply with the
lawful requirements of the Town, and any other municipality, drainage district, or other local
agency with jurisdiction over the location where the Services are to be conducted, regulating
water quality and storm water discharges.
3.2 .12.3 Standard of Care . Contractor warrants that all employees
and subcontractors shall have sufficient skill and experience to perform the work assigned to
them without impacting water quality in violation of the laws, regulations and policies described
in Section 3 .2.12 .2 of this Agreement. Contractor further warrants that it , its employees and
subcontractors have or will receive adequate training, as determined by the Town, regarding
these requirements as they may relate to the Services .
3.2.12.4 Liability for Non-compliance .
(A) Indemnity: Failure to comply with laws, regulations, and
ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to
indemnify and hold harmless the Town, its officials , officers, agents, employees and authorized
volunteers from and against any and all claims, demands, losses or liabilities of any kind or
nature which the Town, its officials , officers, agents, employees and authorized volunteers may
sustain or incur for noncompliance with the laws , regulations , and ord inances listed above,
arising out of or in connection with the Services, except for liability resulting from the sole
established negligence, willful misconduct or active negligence of the Town, its officials, officers,
agents, employees or authorized volunteers.
(B) Defense: Town reserves the right to defend any enforcement
action or civil action brought against the Town for Contractor's failure to comply with any
applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by,
and to reimburse the Town for the costs associated with, any settlement reached between the
Town and the relevant enforcement entity .
(C) Damages: Town may seek damages from Contractor for delay in
completing the Services caused by Contractor's failure to comply with the laws, regulations and
policies described in Section 3.2 .12.2 of this Agreement, or any other relevant water quality law,
regulation , or policy.
3.3 Fees and Payments.
3.3.1 Compensation . Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference . The total compensation
shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without written
28 of 33
approval of the Town Council or Town Manager as applicable. Extra Work may be authorized,
as described below, and if authorized, will be compensated at the rates and manner set forth in
this Agreement.
3.3 .2 Payment of Compensation. Contractor shall submit to Town a monthly
invoice which indicates work completed and hours of Services rendered by Contractor. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges thereon. If the Town disputes any of Contractor's fees, the Town shall
give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed
fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, Town may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by Town to be necessary for the proper completion of the Services, but
which the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from the Town.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C ."
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1 ,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall comply, and shall require each subcontractor employed by Contractor to
provide Services to comply, with the requirements of Labor Code Section 1776, including
without limitation the requirement to maintain certified payroll records. Contractor shall submit
certified payroll records directly to the California Labor Commissioner. At all times during the
course of Contractor's work on the Project, Contractor shall remain registered with the
Department of Industrial Relations and qualified to perform public work pursuant to Labor Code
Section 1725.5, and Contractor shall ensure that all subcontractors employed to provide
Services by Contractor also remain so registered. Town shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested parties
upon request, and shall post copies at the Contractor's principal place of business and at the
project site. Contractor shall defend, indemnify and hold the Town , its officials, officers,
employees, agents, and volunteers free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws .
3.4 Accounting Records.
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3.4 .1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of Town during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Contractor shall allow inspection of all
work, data, documents, proceed ings , and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3 .5.1.1 Grounds for Termination. Town may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination . Upon termination,
Contractor shall be compensated only for those services which have been adequately rendered
to Town , and Contractor shall be entitled to no further compensation . Contractor may not
terminate this Agreement except for cause.
3 .5 .1.2 Effect of Termination . If this Agreement is terminated as provided
herein, Town may require Contractor to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Contractor in connection with the performance of
Services under this Agreement. Contractor shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services . In the event this Agreement is terminated in
whole or in part as provided herein, Town may procure , upon such terms and in such manner as
it may determine appropriate , services similar to those terminated.
3.5 .2 Deliverv of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose :
Contractor:
Town :
[INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT TOWN STATE ZIP]
ATTN : [INSERT NAME AND TITLE]
Town of Truckee
10183 Truckee Airport Road
Truckee, CA 96161
ATTN: Town Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail , first class postage prepaid and addressed to the
party at its appl icable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred , regardless of the method of service.
3.5 .3 [reserved]
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3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary , appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action .
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the Town , its directors , officials, officers,
employees, volunteers and agents free and harmless from any and all claims , demands, causes
of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to
property or persons , including wrongful death, in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers , employees, subcontractors , Contractors or agents in connection with the performance
of the Contractor's Services or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to
Civil Code Section 2782 .8, the above indemn ity shall be limited , to the extent required by Civil
Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor.
3.5.6.2 Additional Indemnity Obligations . Contractor shall defend, with
counsel of Town 's choosing and at Contractor's own cost , expense and risk , any and all claims ,
suits, actions or other proceed ings of every kind covered by Section 3.5.6.1 that may be brought
or instituted against Town or its directors , officials, officers, employees, volunteers and
agents . Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against Town or its directors, officials, officers, employees , volunteers and agents as part of any
such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost
of any settlement paid by Town or its directors, officials , officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding . Such reimbursement
shall include payment for Town's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse Town and its directors , officials, officers , employees , agents,
and/or volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided . Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its
directors, officials officers, employees, agents, or volunteers.
3.5. 7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties .
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Any action to interpret or enforce this Agreement shall be brought in the
Truckee branch of the Nevada County Superior Court.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
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this Agreement.
3.5 .10 Town's Right to Employ Other Contractors . Town reserves the right to
employ other Contractors in connection with landscape maintenance services .
3.5 .11 Successors and Assigns . This Agreement shall be binding on the
successors and assigns of the parties .
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Town . Any attempt to do so shall be null and void , and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and
not work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
Town include its elected officials, officers , employees , agents, and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define , limit, augment, or describe the
scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties .
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach , whether of the same or other covenant or condition. No waiver, benefit,
privilege , or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise .
3.5.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties .
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the rema ining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission , percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, Town shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of Town, during the
term of his or her service with Town, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
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applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to , all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination .
3.5 .20 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Aooroval Required. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of Town . Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
TOWN OF TRUCKEE
Approved by:
Tony Lashbrook
Town Manager
CONTRACTOR
Reviewed and Accepted by Contractor
Signature
Name
Title: [Must be: Chairperson of the Board,
Secretary, President, or Vice President]
Date
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Approved as to Form:
Andrew Morris
Town Attorney
Signature
Name
Title : [Must be Secretary, Assistant
Chief Financial Officer, or Treasurer]
Date