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D-2 Staff Report - Street Sweeping RFP
SCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: SEPTEMBER 18, 2017 SUBJECT: AUTHORIZATION TO SOLICIT PROPOSALS FOR STREET SWEEPING SERVICES AND EXECUTE A MONTH-TO-MONTH AGREEMENT WITH ATHENS SERVICES SUMMARY: The City provides street sweeping services through a contractual agreement with Athens Services . The agreement with Athens Services expired on March 1, 2017. The proposed actions will authorize Staff to solicit a Request for Proposals (RFP) for street sweeping services and authorize the Interim City Manager to execute a month-to-month agreement with Athens Services to continue providing street sweeping services until a new service provider is selected. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Authorize Staff to solicit a Request for Proposals (RFP) to provide street sweeping services; and 2) Authorize the Interim City Manager to execute a month-to-month agreement with Athens Services, in a form acceptable to the City Attorney, to continue providing street sweeping services until a new service provider is selected. DISCUSSION: Athens Services has been providing street sweeping services for the City since 2001. The current agreement with Athens Services expired on March 1, 2017. The scope of work in this agreement includes weekly street sweeping of all public streets and alleys. The proposed RFP includes the same sweeping frequency and also includes reporting requirements and equipment standards to comply with the latest air quality standards. Upon City Council approval, the RFP will be published in the San Gabriel Valley Tribune, appropriate trade publications, and the City’s website. In addition, the RFP will be mailed to a list of known APPROVED COUNCIL MEETING 9/18/2017 Recommendation No. 2 Only Recommendation 1 will be considered at a future meeting Street Sweeping Services September 18, 2017 Page 2 qualified street sweeping service providers. Tentatively, proposals will be due to the City on October 26, 2017 with Staff’s recommendation on a new contractor presented to the City Council on November 20, 2017. Based on this schedule, Staff expects the selected street sweeping contractor to commence with services January 2018. Although the agreement with Athens Services expired March 1, 2017, Athens Services continues to provide street sweeping services to the City. Staff requests authorization to execute a month-to-month agreement with Athens Services to continue providing street sweeping services until a new service provider is selected. The month-to-month agreement will include the same rate and terms of the expired agreement. Athens Services has verbally agreed to continue operating under the same rate and terms. FISCAL IMPACT: There is no fiscal impact associated with the recommend actions. Prepared by: Reviewed and Approved: Daniel Bobadilla, P.E. Louie F. Lacasella Director of Public Works/City Engineer Senior Management Analyst Reviewed and Approved: Don Penman Interim City Manager Attachment: 1) Request for Proposals – Street Sweeping Services REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES FOR THE CITY OF AZUSA, CALIFORNIA PROPOSALS DUE ON OCTOBER 26, 2017, 5:00 PM Submit Proposals to: City Clerk’s Office City of Azusa 213 E Foothill Blvd Azusa, CA 91702 RE: Street Sweeping Services Questions about this RFP shall be directed in writing, via e-mail to: Daniel Bobadilla, P.E., Director of Public Works/City Engineer dbobadilla@ci.azusa.ca.us STREET SWEEPING SERVICES REQUEST FOR PROPOSALS (RFP) I. INTRODUCTION The City of Azusa is soliciting proposals from qualified contractors to provide street sweeping services of all public streets and alleys, special events, and emergency call outs. Details regarding the scope of services are more fully described in Exhibits A and B. II. ABOUT THE CITY OF AZUSA The City of Azusa was incorporated in 1898. As of the 2010 Census, its population was approximately 46,361 people, with 27,565 registered voters. Azusa is located in Los Angeles County, and is approximately 25 miles east of Los Angeles. Since its incorporation, the City has acquired and constructed various buildings throughout the City. III. PROPOSAL The Proposal shall be organized in the following format and shall include the following information: A. Cover Letter Provide an executive summary emphasizing the strong points of the project team, qualifications and experience. The cover letter shall be signed by a person with the official authority to bind the contractor. The cover letter shall include the name, address, telephone number, title, and signature of the contractor’s contact person for this proposal. B. Contractor Overview and General Qualifications Provide a summary of the contractor’s qualifications demonstrating your expertise, understanding and ability to accomplish the City’s primary objectives; and, general information about the contractor to include location of office(s), years in business and areas of expertise. Provide a brief description of three (3) projects which involved a similar scope of services. C. Key Staff Identify key staff and include a description of their abilities, qualifications and experience. Attach resumes of key staff to be assigned to this project. Include a proposed project management structure and organizational chart. Identify any portion of work that would be subcontracted. Include contractor qualifications (brief) and key personnel, telephone number and contact person for all subcontractors. The City reserves the right to approve or reject all contractors, internal staff performing consulting services, or sub-contractors proposed by the Contractor. D. Approach and Methodology Contractor shall more thoroughly describe its understanding of the project and describe the proposed technical and management approach. E. References Contractor shall provide a list of references for the contractor and any sub-contractors, including the names, addresses and telephone numbers of recent clients for which Contractor has done similar work. Include a list of specific projects associated with each reference, date work was performed, cost and key personnel involved. List three (3) to five (5) distinct references. F. Cost Proposal Please provide a cost proposal to perform the scope of services identified above. The cost proposal shall include the following: ITEM DESCRIPTION UNIT UNIT PRICE 1 Street sweeping services per curb mile $ per Curb Mile 2 Emergency callout services during regular business hours $ per Hour 3 Emergency callout services during non- regular business hours $ per Hour 4 Special event services $ Hour IV. GENERAL CONDITIONS a) The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b) The City reserves the right to withdraw or cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Contractor(s) responding to this RFP. c) The City reserves the right to postpone proposal openings for its own convenience. d) Proposals received by the City are public information and must be made available to any person upon request. e) Submitted proposals are not to be copyrighted. f) The City reserves the right to seek clarification of information submitted in response to this RFP. g) The City reserves the right to modify the RFP as it deems necessary. h) Any material misrepresentations made by the contractor(s) will void the proposal response and eliminate the contractor(s) from further consideration. i) Pre-Contractual Expense: The City shall not, in any event, be liable for any pre-contractual expenses incurred by contractor(s) in the preparation of its proposal. Contractor shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by Contractor(s) include: i. Preparing its proposal in response to this RFP; ii. Submitting that proposal to the City; iii. Negotiating with the City any matter related to this proposal; or iv. Any other expenses incurred by contractor(s) prior to date of award, if any. j) All materials submitted become the property of the City. k) From the issue date of this solicitation until a contractor is selected and the selection is announced, the Contractor is not allowed to communicate for any reason with any City Staff except through the person named herein for questions. For violation of this provision, the City shall reserve the right to reject the proposal of the offending Contractor. l) Proposals submitted early may be withdrawn by the contractor prior to the Proposal Due Date. Following the Proposal Due Date, the Proposal constitutes a binding offer and may not be withdrawn by the contractor prior to the award. m) The City reserves the right to: (a) waive minor irregularities or variances, non-material bid formalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this solicitation; (c) request clarifications from all Contractors; (d) request resubmissions from all Contractors; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and/or the City’s Procurement Ordinance. n) The selected Contractor will be required to enter into a Professional Services Agreement with the City of Azusa which includes the City’s standard Terms and Conditions including insurance requirements (Attachment B). o) All Contractors submitting Proposals to this solicitation shall state any exceptions to or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where Contractor(s) wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. If not contractual exceptions are noted, Contractor(s) will be deemed to have accepted the standard terms and conditions of the City’s Professional Services Agreement. V. CONTRACTOR SELECTION PROCESS Each proposal will be reviewed to ensure that the contractor submitted a transmittal/cover letter, narrative proposal that is responsive to the City’s requirements as set forth herein, and a cost proposal. Failure to meet these requirements may be cause for rejection of a proposal. An evaluation committee will review all proposals. The evaluation committee will evaluate proposals on various qualifications, including but not necessarily limited to: • Knowledge and experience of key staff • Availability of key staff personnel and resources • Experience and demonstrated competence on similar projects • Demonstrated understanding of project scope and City’s primary objectives • Cost effectiveness of the proposal compared to the requested scope of services During the evaluation period, the City may interview some or all of the proposing contractors. The City will establish a specific date to conduct interviews, and all prospective Contractor(s) will be asked to keep this date available. No other interview dates will be provided, therefore, if a Contractor(s) is unable to attend the interview on this date its proposal may be eliminated from further discussion. At the conclusion of the evaluation process, the evaluation committee will make a recommendation to the City Council. VI. PROPOSAL SUBMISSION A. Submission of Proposal Contractor shall submit one (1) original and four (4) copies of their Proposal to the City. Proposals shall be received no later than 5:00 p.m. on Thursday, October 26, 2017 at the following address: City of Azusa City Clerk’s Office 213 E. Foothill Blvd. Azusa, CA 91702 Re: Street Sweeping Services Late submittals will be rejected and not returned. B. Inquiries Inquiries concerning this RFP shall be directed to: Daniel Bobadilla, P.E., Director of Public Works/City Engineer Phone (626) 812-5264; Email: dbobadilla@ci.azusa.ca.us Contractors are provided the opportunity to ask questions prior to submittal of a proposal. The final date to submit all questions is Tuesday, October 17 2017, 5:00 P.M. and should be submitted in writing, via e-mail to dbobadilla@ci.azusa.ca.us C. Schedule The anticipated schedule of activities related to this RFP is as follows: RFP Issued September 21, 2017 Question Submittal Deadline October 17, 2017 Proposal Due Date October 26, 2017 Contract Award Date (Tentative) November 20, 2017 EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES GENERAL The primary objective of street sweeping is to remove all leaves, paper, dirt, rocks, glass, bottles, cans and other debris to ensure free flow of water in the gutter and to maintain streets in a state of cleanliness. The City will make the final determination as to whether the work has been satisfactorily completed and will order the Contractor to redo areas not swept at all or not done to the satisfaction of the City. The City has approximately All debris and refuse collected by the Contractor shall become its property. Contractor shall dispose of all refuse and debris collected during sweeping operations, at no additional cost to the City, by hauling to a legally established area for the disposal of solid waste. When storage of refuse and debris is necessary prior to disposal, Contractor shall locate and procure a temporary storage site off road right-of-way. The City shall monitor the Contractor’s work in order to measure objective standards set forth in this Agreement, such as compliance with all terms and conditions of said Agreement, change order rate, cleanliness of swept streets/alleys and performance of subcontractors. The Contractor shall be responsible for the protection of public and private property and shall exercise due caution to avoid damage to such property. All property damage resulting from the Contractor’s operations shall be repaired at the Contractor’s expense and to the satisfaction of the City. Contractor is required to submit a written report of said damages to the City on the same day damages occur and submit a written follow-up report to the City as Contractor completes repair of damages. All costs to the Contractor for protecting and restoring existing improvements shall be included in the cost per curb mile as identified by this Agreement. The Contractors operations shall cause no unnecessary public inconvenience. The access rights of the public shall not be violated at any time. The Contractor shall satisfactorily convince the City it has adequate on-site maintenance facilities with the ability to provide major mechanical repairs for Contractor’s equipment. CHANGES Changes in the work, either additions or deletions, shall be made in the following manner: 1. Changes requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted by the City to facilitate the work, when approved in writing by the City. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 2. The City may change the plans, character of the work, quantity of work, or scope of the work, provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 10 percent of the total Agreement price. Should it become necessary to exceed this limitation, the change shall be by a written Amendment to the Agreement. If changes do not exceed 10 percent of the total Agreement price, both parties may agree to proceed with the change by written Change Order as specified below. a. Change Orders shall be in writing and state the dollar value of the change or establish method of payment, and, when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. b. The City may, without Council approval, order changes in work that do not exceed 10 percent, as stated in the above paragraph. 3. The Contractor shall notify the City in writing of any changed conditions promptly upon discovery. Upon investigation, if the City determines the conditions are changed and will materially increase or decrease the costs of any portion of work, a Change Order will be issued, upon agreement between the Contractor and the City, adjusting the compensation for such portion of the work. If both parties are unable to reach agreement, the City may direct the Contractor to proceed. a. If the City determines that the conditions of which it has been notified do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice shall advise the Contractor of its obligation to notify the City, in writing, if the Contractor disagrees. b. If the Contractor disagrees with such determination, it may submit a written notice of potential claim to the City before commencing the disputed work, and in no terms will the Contractor be excused on account of that disagreement from any scheduled work provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. However, the Contractor shall retain any and all rights provided either by the Agreement or by law which pertain to the resolution or disputes and protests between the contracting parties. All “disputed work” shall be presented to and decided upon by the City Council. c. Contractor shall notify the City immediately of any condition which impedes normal sweeping operations. SUSPENSION OF WORK Suspension of work performed by others will be executed in the following manner: 1. If the Contractor fails to commence work on the date specified, to execute the work in the manner and at such locations as such specified, or fails to maintain a work program which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Agreement, a written notice by the City will be served upon the Contractor demanding satisfactory compliance with the Agreement. If the Contractor does not comply with such notice within five (5) days after receiving it, or after starting to comply, fails to continue, the City may exclude it from the work site and complete the work by alternative means. Any cost incurred by the City due to use of alternative means will not relieve the Contractor from liability or any cost incurred in excess of what would have been paid to Contractor, if Contractor had performed the work. 2. The work may be suspended in whole or in part when determined by the City that the suspension is necessary in the interest of the City. The Contractor shall comply immediately with any written order of the City suspending work. Such suspension shall be without liability to the Contractor on the part of the City, except as otherwise specified above. If work is suspended through no fault of the City, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. CONTRACTOR’S EQUIPMENT The Contractor shall furnish and maintain in good and safe condition all equipment as required for the proper execution of the Agreement. Such equipment shall meet all requirements of applicable ordinances and laws. The City may reject any vehicle or piece of equipment not meeting these requirements. The Contractor shall not use sweepers that are more than three (3) years old. The Contractor shall provide equipment that is properly maintained mechanically and in appearance. Sweepers shall be equipped with a tachograph. The Contractor shall provide backup equipment adequate to ensure completion of scheduled work in the event scheduled equipment is down mechanically, to re-sweep an unsatisfactory area or to provide any additional sweeps ordered by the City. All vehicles shall be clearly marked with the Contractor’s name, vehicle number and the Contractor’s telephone number prominently displayed for purposes of identification. Tachograph charts shall be U.S. 65 Part No. 840-0009/068287 or City approved equal. The tachograph charts shall provide the following information: 1. The name of the sweeper, operator and equipment identification number. 2. The date and time of day of starting and finishing. 3. Total number of miles traveled by sweeper. 4. Deadhead miles (broom up); distance and speed during which sweeping did not take place. 5. Sweeper miles (broom down); distance and speed traveled by sweeper during sweeping. 6. Time period when the sweeper was not in motion. RECORDKEEPING Each Contractor and Subcontractor shall keep an accurate payroll record, showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with the public work, adhering to the provisions of Labor-Code Section 1776. The Contractor, its agents and employees shall be bound by and comply with all applicable provisions of the Labor Code and with Federal, State and local laws related to labor. The Contractor shall be fully informed of State, Federal, Local, County and Municipal laws, ordinances and regulations which in any manner affect those employed in the work or in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Pursuant to Section 1812 of the California Labor Code, on every day worked the Contractor shall submit to the City a written record of all employees working on the project that day. The record shall include each employee’s name, Social Security number, job classification and the number of hours worked. In addition to other data filed with the City by the Contractor, the Contractor shall, commencing the second month of this Agreement, file a report with the City enumerating the following information for the previous month: 1. Curb miles swept each day. 2. Scheduled curb miles swept and areas missed. 3. Schedule curb miles swept and areas swept. 4. When missed areas were swept. 5. Number of complaints received each day. 6. Reasons scheduled sweeping was not done or completed as scheduled. 7. Waste tonnage summary. 8. Tachograph charts for each day of sweeping. Under this Agreement, any areas for which a complaint is received, it shall be swept the next day of operation in the City without question or reservation. The Contractor shall place magnetic door signs approved by the Director of Public Work on the street sweeping equipment used in the performance of the work. Signs shall be visible from both sides of the equipment and shall read “Under contract with the City of Azusa.” The Contractor shall at all times maintain a maximum speed limit of five (5) to seven (7) miles per hour while sweeping. The Contractor’s accounting and financial reporting system shall be in accordance with the generally accepted accounting principles or with uniform standards established by the City. The Contractors accounting, payroll and work records and all other supporting papers developed for the Services by the Contractor shall be maintained for a minimum of three (3) years following the close of the fiscal year of expenditures and shall be held open to inspection and audit by City. Actual costs charged for the Services shall be supported by properly executed time/work records, invoices or vouchers; providing evidence of the nature and propriety of the charges incurred by the Contractor. ALTERNATE FUEL SWEEPERS The street sweepers used within the City of Azusa must comply with the provisions of AQMD Rule 1186.1 and any legislation enacted thereafter. EXHIBIT "B" SCHEDULE OF MAINTENANCE SERVICES A. A complete schedule of sweeping shall be submitted to the City for approval prior to any work being done under this Agreement. The schedule shall include the curb mile of street, alleys and medians to be swept daily as well as the daily starting time. Also, a route map shall be submitted as part of the schedule, showing streets, alleys and medians swept each day by the Contractor. The Contractor shall indicate the daily sweeping route on the maps in an appropriate and understandable manner that is acceptable to the City. Changes in a schedule for the convenience of the Contractor will require written approval by the City prior to being included in the work. The City reserves the right to require the Contractor to sweep specific areas on specified days and at specified times of the day. The following guidelines will be generally applicable: 1. All City streets are to be swept at least once per week in accordance with Attachment A. 2. Sweeping of streets that have posted parking restrictions specified for street sweeping shall only be swept during the posted day and hours. 3. Areas shall not be swept on the day refuse pickup is schedule. Sweeping shall be scheduled the 1st or 2nd day after refuse pickup. The City will coordinate with the Contractor to establish a street sweeping schedule. 4. The south and east sides of the street will be swept on the day following the refuse pick-up schedule; the north and west sides of the street will be swept on the 2nd day following the refuse pick-up schedule. This alternate sweeping scheduled is to be followed strictly for all streets with posted signage. 5. All sweeping shall be accomplished between the hours of 8:00 a.m. and 4:30 p.m., with the exception of Downtown to be done prior to 7:00 a.m., or as directed by the City. 6. Arterials shall not be swept during peak traffic hours. B. To minimize public inconvenience the Contractor shall diligently pursue the work to comply with the approved sweeping schedule. If, as determined by the City, the Contractor fails to pursue the work to the extent that the above purpose is not being accomplished, the Contractor shall upon order from the City, immediately take the necessary steps to fully accomplish said purpose. All cost of ensuing the work as described herein shall be included in the amount of this Agreement. Should the Contractor fail to take the necessary steps to fully accomplish said purpose, after receiving orders of the City to do so, the City may suspend the work in whole or in part, until the Contractor takes said steps. If this should exceed 10 days, the City shall engage alternative means to provide this service. The Contractor will be responsible for all costs in excess of the amount Contractor would have been entitled to if Contractor had provided the service. C. Changes resulting from schedule disruption, such as, but not limited to inclement weather, holiday observance, fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence, will be implemented by the City, possibly requiring the Contractor to sweep affected areas prior to the next sweeping schedule. As such, this sweeping will be performed by the Contractor at the normal curb mile price in effect at the time and will not be considered additional sweeping. D. When sweeping area is not swept due to holiday or observance thereof, the subject sweeping area shall be swept within two (2) working days of the regularly scheduled sweeping day without interruption in, the regular sweeping schedule. Any such sweeping shall be performed by the Contractor at the curb mile price in effect at the time and shall not be considered additional sweeping. E. In the event the Contractor is prevented from completing the sweeping as provided in the approved schedule because of reasons other than inclement weather or holidays, the Contractor will be required to complete the sweeping services deferred within two (2) calendar days without interruption in the regular sweeping schedule. ATTACHMENT A STREET SWEEPING SCHEDULE §¨¦210 MondayFriday MondayFriday ThursdayFriday ThursdayFriday ThursdayFriday ThursdayFriday MondayTuesday MondayTuesday MondayTuesday WednesdayThursdayWednesdayThursday TuesdayWednesday TuesdayWednesday ThursdayFriday Foothill Blvd. Arrow Hwy. Alosta Ave.Azusa Ave.Citrus Ave.Sierra Madre Ave.Irwindale Ave.Barranca Ave.Todd Ave.1st St. Gladstone St. 9th St. Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Street Sweeping C over.mxd Date: Tuesday, December 20, 2016 J.Prado ´Azu sa Stre et Sw eep in g AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM McKeever AveMcKeever AveOrange AveSunset AveEnid AveDanlee St Loren AveConey AveMillerAveGeorgia AveIndustrial St Georgia PlSunset AveOrange AveLemon AveLouise AveBarbara AveVernon AveBayless St 4th St Bayless St Orange AveDuell St Barbara AveAngeleno AveDurell AveLee DrMatchwood PlOld Mill RdSoldano AveHolmar AvePasadena AveAerojet AveAlameda AveDalton AveSoldano AveAngeleno AveSan Gabriel AveVernon AveTodd Ave10th St 8th St 11th St 10th St 9th St 8th St 5th St Virginia Ave3rd St Aspan Ave2nd St 3rd St 4th St San Gabriel AveAzusa AvePasadena AveCerritos Ave6th St East AveZachary Padilla AveHollyvale St North StOptical DrMontoya St Adelante St Calle Del SolAvenida Conejo13th St12th StVista Bonita St Boxwood Ln Palm DrLakeview Ter Ruby Lace Wy Barberry Wy Woodbine WyDuell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Stein LnPlum TreeDr Oakview Dr Poplar ViewDr S a n ta F e A v e Camino DeLa Cantera Calle EvaMiranda HollyvaleSt LimeAve 12th St Foothill Blvd Avenida De La Suerte 6th StMillerAve S o u th e rn P a c ific R a il R o a d Southern Pacific Rail Road Little Dalton Wash210 Fwy Cerritos Ave900 800 700 600 500 400 300 200 100 600500400300200100 900 800 700 600 500 400 300 200 1200 1100 1000 1200 1100 1000 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Monday North East.mxd Date: Monday, December 19, 2016 J.Prado ´Mon day - N orth / E ast AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Barbara AveBayless St 4th St Bayless St Orange AveDuell St Virginia AveParksideSt Jerez St Momax St Solem St Barbara AveLouise AveLemon AveOrange AveLouise AveEnid AveOrange AveSunset AveGrandin AveAngeleno AveSan GabrielAveDixon St Roland St Russell StNoble AveNewburgh StAerojet Ave3rd St 1st StAspan AveGladstone St Paramount StVernon Ave2nd St 3rd St 4th St San Gabriel AveAzusa AveMason St Irwindale AveLark Ellen AveAzusa AveElliott AveAzusa Ln Renwick RdSunset AvePayson St Kirkwall RdAlamedaAve Renwick Rd Kirkwall Rd Payson StAspan AveVirginia AveJackkson AveEast AveZachary Padilla AveHollyvale St North StOptical DrMontoya St Adelante St McKinley St Paramount St Roosevelt RdMotor AveKirkwall RdDuggan AveNewburgh St Laxford Rd Mira LomaDr Ayon AveO rkney StHollyvaleSt San Gabriel Pl GrandviewDr Noble PlVincent AveLittle D alton W ashDonna Beth Ave210 Fwy §¨¦210 800 700 500 400 300 200 400 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Monday South West.mxd Date: Monday, December 19, 2016 J.Prado ´Mon day - So uth / West AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM 4th St Bayless St Orange AveDuell St Virginia AveParksideSt Jerez St Momax St Solem St Barbara AveLouise AveLemon AveOrange AveLouise AveEnid AveOrange AveSunset AveGrandin AveAngeleno AveSan GabrielAveDixon St Roland St Russell StNoble AveNewburgh StAerojet Ave3rd St 1st StAspan AveGladstone St Paramount StVernon Ave2nd St 3rd St 4th St San Gabriel AveAzusa AveMason St Irwindale AveLark Ellen AveAzusa AveElliott AveAzusa Ln Renwick RdSunset AvePayson St Kirkwall RdAlamedaAve Renwick Rd Kirkwall Rd Payson StAspan AveVirginia AveJackkson AveEast AveZachary Padilla AveHollyvale St North StOptical DrMontoya St Adelante St McKinley St Paramount St Roosevelt Rd Kirkwall RdDuggan AveNewburgh St Laxford Rd Mira LomaDr Ayon AveO rkney StHollyvaleSt San Gabriel Pl GrandviewDr Noble PlVincent AvePasadena AveLittle D alton W ashDonna Beth Ave210 Fwy §¨¦210 700 500 400 300 200 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Tuesday North East.mxd Date: Tuesday, December 20, 2016 J.Prado ´Tue sday - N orth / E ast AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM McKeever AveMcKeever AveOrange AveSunset AveEnid AveDanlee StMtn. View CirSunset AveEllsworth St Dura nt St Chann in g St Bancroft St Ashby St Timberline Dr Montecito Dr H id d e n V a lle y D rV irg in ia A n n D rLori A nn A veEdith Ann DrBrian AveDeborah AveHollis AveLaurel Valley DrPoint O Woods DrLoren AveConey AveMillerAveGeorgia AveIndustrial St Georgia PlSunset AveOrange AveLemon AveAngeleno AveOld Mill RdSoldano AveHolmar AveRainbow Dr Pasadena AveAzusa AveMontelloDr Glenfinnan AveLimeSt 6th StCedarglenClearhavenDr S an G abriel C yn. R dPalm DrAlameda AveDalton AveSoldano AveAngeleno AveSan Gabriel AveVernon AveTodd Ave10th St 8th St 13th St Sierra Madre Ave 11th St 10th St 9th St 8th St Virginia AvePasadena AveCerritos Ave6th St Foothill Blvd Calle De Las Estrellas Calle De La Luna Calle Del SolAvenida Conejo13th St12th StVista Bon ita St Hibiscus AveNobhill DrHilltop DrV iew crest D rCircledellDrRidge View DrMirador DrSagebrush WyB roo kside W yMtn. La urelWy Canyon VistaDrRanch RdCanyon ViewForest DrD a y b re a k D r C lo v e rC tS u n d a n c e C tW in d s o n gCtWildflowerCtSomersetCtNorthviewCtMorningsideCt FernCt AlderCt WalnutCtCrystal Cyn. CtSusannaCt Monroe C t SpruceCt Cypres sRd St ar Pin ect Ev er g r e enCt S h a d y O a kCt Sierra Madre Ave Carmenita Wy Mandevilla Wy O ra n g e Wy Old Sierra MadreAve Blossom HeatherCir Azusa Veterans WyGardenia Dr Desert Willow RdVo s b u r g Dr Ursey DrBoxwood Ln OrtunoDrMacNeil DrGriffith StPhelpsWy Weeping WillowDr LinleySt Manresa D r San FelipeHill HollySt PampasCt OakCt LopezLnChestnut LnTangerine St Juniper Ridge Ct McKe ller Ct L ila c W y HawthornWyMagnolia WyCrapemyrtleAveW ilsford W yLemonS wirl Dr Lavender Wy Bougainvillea W y Palm DrLakeview Ter Ruelas Wy Monrovia Pl Mou nta in Wy Th e Promen adeRosedale AveRuby Lace Wy Barberry Wy Woodbine WyCornejoWyPark Dr Sweetbriar LnSunriseLnChaparralLnCassiaLnBouquet CtBotanicaLnPrimroseLnRoseway Ct Purple SageDrAcaciaCt OrchardLpPalm DrPonderosa Dr Pepper Tree Dr Silver MapleDr Laurel OakDr SycamoreDr Sequoia LnStein LnPlum TreeDr Oakview D r Poplar ViewDr S a n ta F e A v eAnnandale LnCamino DeLa Cantera Calle EvaMiranda VistadelCir RunningDr Foothill Blvd LimeAveStonebrookSt 12th St Foothill Blvd Calle DeCielo Ave nida De La Suerte 6th St Viewcrest DrMillerAveAlosta Ave Southern Pacific R ail Ro ad 900 800 700 600 500 400 300 200 100 800600500400300200100 900 800 700 600 1200 1100 1000 1200 1100 1000 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Tuesday South West.mxd Date: Monday, December 19, 2016 J.Prado ´Tue sday - So uth / West AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM McKeever AveMcKeever AveOrange AveSunset AveEnid AveDanlee StMtn. View CirSunset AveEllsworth St Durant St Channing St Bancroft St Ashby St Timberline Dr Montecito Dr H id d e n V a lle y D rV irg in ia A n n D rLori A nn A veEdith Ann DrBrian AveDeborah AveHollis AveLaurel Valley DrPoint O Woods DrLoren AveConey AveMillerAveGeorgia AveIndustrial St Georgia PlSunset AveOrange AveLemon AveAngeleno AveOld Mill RdSoldano AveHolmar AveRainbow Dr Pasadena AveAzusa AveMontelloDr Glenfinnan AveLimeSt CedarglenClearhavenDr S an G abriel C yn. R dPalm DrAlameda AveDalton AveSoldano AveAngeleno AveSan Gabriel AveVernon AveTodd Ave10th St 8th St 13th St Sierra Madre Ave 11th St 10th St 9th St 8th St Pasadena AveCerritos AveFoothill Blvd Calle De Las Estrellas Calle De La Luna Calle Del SolAvenida Conejo13th St12th StVista Bonita St Hibiscus AveNobhill DrHilltop DrV iew crest D rCircledellDrRidge View DrMirador DrMtn. LaurelWy Canyon VistaDrRanch RdCanyon ViewForest DrD a y b re a k D r C lo v e rCt S u n d a n c e C tW in d s o n g C tW ild flo w e rC tS o m e rs e tC tNorthviewCt MorningsideCtFernCt AlderCt WalnutCtCrystal Cyn. CtSusannaCt Monroe Ct Spruc eCt CypressRd Star Pinect Ev e rg r e e nCt S h a d y O a kCt Sierra Madre Ave Carmenita Wy Mandevilla Wy O ra n g e Wy Old Sierra MadreAve Blossom HeatherCir Azusa Veterans WyGardenia Dr Desert Willow RdVo s b u r g Dr Ursey DrBoxwood Ln OrtunoDrMacNeil DrGriffith StPhelpsWy Weeping WillowDr LinleySt Manresa D r San FelipeHill HollySt PampasCt OakCt LopezLnChestnut LnTangerine St Juniper Ridge Ct McKeller Ct L ila c W y HawthornWyMagnolia WyCrapemyrtleAveW ilsford W yLemonS wirl Dr Lavender W y Bougainvillea Wy Palm DrLakeview Ter Ruelas Wy Monrovia Pl Mountain Wy The PromenadeRosedale AveRuby Lace Wy Barberry Wy Woodbine WyCornejoWyPark Dr Sweetbriar LnSunriseLnChaparralLnCassiaLnBouquet CtBotanicaLnPrimroseLnRosew ay C t Purple SageDrAcaciaCt OrchardLpPalm DrPonderosa Dr Pepper Tree Dr Silver MapleDr Laurel OakDr Sycam oreDr Sequoia LnStein LnPlum TreeDr Oakview Dr Poplar ViewDr S a n ta F e A v eAnnandale LnCalle EvaMiranda VistadelCir RunningDr LimeAveStonebrookSt 12th St Foothill Blvd Calle DeCielo Avenida De La Suerte Viewcrest DrMillerAveSouthern Pacific Rail Road 900 800 700 600 500 400 300 200 100 800600500400300200100 900 800 700 600 1200 1100 1000 1200 1100 1000 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Wednesday North East.mxd Date: Monday, December 19, 2016 J.Prado ´Wedn esda y - N orth / E ast AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Sunset AveAngeleno AveSan GabrielAveAngeleno AveDurell AveLee DrLee Pl Matchwood Pl Fenimore AveCalvados AveEdenfield AveViceroy AveGlenlyn Dr Lenfield St Hanks St PowellAveBagnallSt HollyvaleSt Orangecrest AveTwintree AveGlenfinnan AveLimeSt 6th StCedarglen HollyvaleSt HalternSt Alford St Galatea St Citrus Edge St Manning St McKinley St Murray AveO'Malley AveNoble AveAlameda AveDalton AveSoldano Ave2nd St 3rd St 4th St San Gabriel AveAzusa AvePasadena AveCerritos Ave6th St Foothill Blvd Haltern St Citrus AveBaseline Rd Elliott AveAzusa LnSunset AveOrchardLp Ponderosa Dr Pepper Tree Dr University Dr Duell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Stein LnPlum TreeDr Oakview D r Poplar ViewDr Factor AveSan Gabriel Pl Ranburn AveNoble PlRockvale Ave5th St Pasadena AveAlosta Ave L i t t l e D a l t o n W a s h Little Dalton Wash210 FwyCerritos Ave§¨¦210 400 300 200 100 800600500400300200100 200 700 600 500 400 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Wednesday South West.mxd Date: Tuesday, December 20, 2016 J.Prado ´Wedn esda y - So uth / West AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Sunset AveAngeleno AveSan GabrielAveAngeleno AveDurell AveLee DrLee Pl Matchwood Pl Fenimore AveCalvados AveEdenfield AveViceroy AveGlenlyn Dr Lenfield St Hanks St PowellAveBagnallSt HollyvaleSt Orangecrest AveTwintree AveGlenfinnan AveLimeSt 6th StCedarglen HollyvaleSt HalternSt Alford St Galatea St Citrus Edge St Manning St McKinley St Murray AveO'Malley AveNoble AveAlameda AveDalton AveSoldano Ave4th St San Gabriel AveAzusa AvePasadena AveCerritos Ave6th St Foothill Blvd Haltern St Citrus AveBaseline Rd Elliott AveOrchardLpPalm DrPonderosa Dr Pepper Tree Dr University Dr Duell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Stein LnPlum TreeDr Oakview D r Poplar ViewDr Factor AveSan Gabriel Pl Ranburn AveNoble PlRockvale Ave5th St Pasadena AveAlosta Ave L i t t l e D a l t o n W a s h Little Dalton Wash210 FwyCerritos Ave§¨¦210 300 200 100 800600500400300200100 700 600 500 400 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Thursday N orth East.mxd Date: Monday, December 19, 2016 J.Prado ´Thurs day - N orth / E ast AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Louise AveBarbara AveVernon AveBayless St Orange AveDuell St Virginia AveBarbara AveLouise AveLemon AveOrange AveLouise AveEnid AveOrange AveSunset AveGrandin AveAngeleno AveSan GabrielAveDurell AveLee DrLee Pl Matchwood Pl Fenimore AveCalvados AveEdenfield AveViceroy AveGlenlyn Dr Lenfield St Hanks St PowellAveBagnallSt HollyvaleSt Orangecrest AveTwintree AveHollyvaleSt HalternSt Hollyvale St Alford St Galatea St Citrus Edge St Fondale St Nearfield St Gaillard St Ghent StRanger DrCalera AveGrantlandDrManning St McKinley St Murray AveO'Malley AveDixon St Roland St Russell StNoble AveNewburgh St 1st St Paramount StVernon Ave2nd St 3rd St 4th St San Gabriel AveAzusa AveHaltern St Citrus AveAlosta Ave Baseline Rd Armsead St Barranca AveGladstone St Mason St Lark Ellen AveAzusa AveArrow HwyElliott AveAzusa Ln Casita St Celeste St Renwick Rd Rosalina AveScott AveSunset AvePayson St Kirkwall RdAlamedaAve Renwick Rd Kirkwall Rd Payson StVirginia AveCalera AveMauna Loa Ave Duell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Factor AveGalanto AveOakbank DrHanlin AveTraymore AveFairvale AveO rkney StHollyvaleSt San Gabriel Pl Ranburn AveGrandviewDr Noble PlRockvale Ave5th St Pasadena AveCitrus AveLittle D alton W ashB ig D alton W ashDonna Beth AveCerritos AveLittle Dalton Wash210 Fwy 210 FwyCerritos Ave§¨¦210 800 700 500 400 300 200 400 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Thursday South West.mxd Date: Monday, December 19, 2016 J.Prado ´Thurs day - So uth / West AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Louise AveBarbara AveVernon AveBayless St Bayless St Orange AveDuell St Virginia AveMomax St Solem St Barbara AveLouise AveLemon AveOrange AveLouise AveEnid AveOrange AveSunset AveGrandin AveAngeleno AveSan GabrielAveDurell AveLee DrLee Pl Matchwood Pl Fenimore AveCalvados AveEdenfield AveViceroy AveGlenlyn Dr Lenfield St Hanks St PowellAveBagnallSt HollyvaleSt Orangecrest AveTwintree AveHollyvaleSt HalternSt Hollyvale St Alford St Galatea St Citrus Edge St Fondale St Nearfield St Gaillard St Ghent StRanger DrCalera AveGrantlandDrManning St McKinley St Murray AveO'Malley AveDixon St Roland St Russell StNoble AveNewburgh StVirginia Ave1st St Paramount StVernon Ave2nd St 3rd St 4th St San Gabriel AveAzusa AveHaltern St Citrus AveAlosta Ave Baseline Rd Armsead St Barranca AveGladstone St Mason St Lark Ellen AveAzusa AveArrow HwyElliott AveAzusa Ln Casita St Celeste St Renwick Rd Rosalina AveScott AveSunset AvePayson St Kirkwall RdAlamedaAve Renwick Rd Kirkwall Rd Payson StVirginia AveCalera AveMauna Loa Ave Duell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Factor AveGalanto AveOakbank DrHanlin AveTraymore AveFairvale AveO rkney StHollyvaleSt San Gabriel Pl Ranburn AveGrandviewDr Noble PlRockvale Ave5th St Pasadena AveCitrus AveLittle D alton W ashB ig D alton W ashDonna Beth AveCerritos AveLittle Dalton Wash210 Fwy 210 FwyCerritos Ave§¨¦210 800 700 500 400 300 200 400 300 200 100 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Friday N orth East.mxd Date: Monday, December 19, 2016 J.Prado ´Friday - N orth / E ast AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM McKeever AveMcKeever AveOrange AveSunset AveEnid AveDanlee St Loren AveConey AveMillerAveGeorgia AveIndustrial St Georgia PlSunset AveOrange AveLemon AveLouise AveBarbara AveVernon AveBayless St 4th St Bayless St Orange AveDuell St Barbara AveAngeleno AveDurell AveLee DrOld Mill RdSoldano AveHolmar AvePasadena AveAerojet AveAlameda AveDalton AveSoldano AveAngeleno AveSan Gabriel AveVernon AveTodd Ave10th St 8th St 11th St 10th St 9th St 8th St 5th St Virginia Ave3rd St Aspan Ave2nd St 3rd St 4th St San Gabriel AveAzusa AvePasadena AveCerritos Ave6th St East AveZachary Padilla AveHollyvale St North StOptical DrMontoya St Adelante St 13th St12th StVista Bonita St Palm DrDuell St 2nd St Hanks St Rodecker DrRodecker DrDuell StDomingu ezPlHollyvale St Stein LnPlum TreeDr Oakview Dr Poplar ViewDr S a n ta F e A v e Camino DeLa C antera Calle EvaMiranda HollyvaleSt LimeAve 12th St Foothill Blvd Avenida De La Suerte 6th StMillerAve S o u th e rn P a c ific R a il R o a d Southern Pacific Rail Road Little Dalton Wash210 Fwy 900 800 700 600 500 400 300 200 100 500400300200100 900 800 700 600 500 400 300 200 1200 1100 1000 1100 1000 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Friday N orth East 2.mxd Date: Monday, December 19, 2016 J.Prado ´Friday - N orth / E ast (2) AzusaGIS 11AM to 5PM11AM to 5PM 7AM to 1PM7AM to 1PM Old Mill RdSoldano AveHolmar AveRainbow Dr Pasadena AveMontelloDr ClearhavenDr Hibiscus AveNobhill DrV iew crest D rCircledellDr Sierra Madre Ave Carmenita Wy Mandevilla Wy O ra n g e Wy Old Sier ra M adr eAve Blossom HeatherCir Azusa Veterans WyGardenia Dr Desert Willow RdVo s b u r g Dr Ursey DrBoxwood Ln OrtunoDrMacNeil DrGriffith StPhelpsWy Weeping WillowDr LinleySt Manresa D r San FelipeHill HollySt PampasCt OakCt LopezLnChestnut LnTangerine St Juniper Ridge Ct McKeller Ct L ila c W y HawthornWyMagnolia WyCrapemyrtleAveW ilsford W yLemonS wirl Dr Lavender W y Bougainvillea W y Palm DrLakeview Ter Ruelas Wy VistadelCir Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Path: C:\ArcGIS_Misc Projects 5\Monica PD\Sweeping Days\Rosedale Streets.mxd Date: Thursday, January 26, 2017 J.Prado ´Ros eda le S treet S wee ping AzusaGIS No Par king AnytimeNo Par king Anytime 7AM to 1PM7AM to 1PM ThursdayThursday 7AM to 1PM7AM to 1PM WednesdayWednesday 7AM to 1PM7AM to 1PM TuesdayTuesday ThursdayThursday ATTACHMENT B CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ________________, 20___ by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS: CORPORATION; LIMITED LIABILITY COMPANY; ETC.] with its principal place of business at [INSERT ADDRESS] (“Contractor”). City 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 professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [INSERT TYPE OF SERVICES] services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [INSERT NAME OF PROJECT] project (“Project”) as set forth in this 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 City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE OF SERVICES] consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” 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 START DATE] to [INSERT ENDING DATE], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. 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. City 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 City and shall at all times be under Contractor’s exclusive direction and control. 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 Schedule of Services set forth in Exhibit “B” 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, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, 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 City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City 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 City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City 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 City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAMES]. 3.2.5 City’s Representative. The City hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Contractor’s Representative. Contractor hereby designates [INSERT NAME OR TITLE], 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 City staff in the performance of Services and shall be available to City’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 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, including a City Business License, 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 City, 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 City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, 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 City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certifications. 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 Project or the Services, including all Cal/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 the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation concontractoring the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Contractors, Sub- subcontractors and Subcontractors. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, contractors, sub-subcontractors and subcontractors performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, contractors, sub-subcontractors or subcontractors to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 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 Workers’ 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. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or 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. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Afcontractorative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City 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 provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: 1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 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 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 as 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. 3.2.13 Accounting Records. 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 City 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 payment under this Agreement. 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 WRITTEN DOLLAR AMOUNT] ($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the City Manager 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 City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, 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 City’s Representative. 3.3.5 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City 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 City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City 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 City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City 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. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Contractor shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its subcontractors, or those provided to Contractor by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor’s seal from the Documents & Data and indemnify and hold harmless Contractor and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a party for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor. 3.5.4 Indemnification. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Contractor for any purposes other than the performance of the Services. Contractor shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery 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: City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Director of Public Works 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 applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, 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 of Contractor, its officials, officers, employees, subcontractors, contractors or agents in connection with the performance of the Contractor’s Services, the Project 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 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 willful misconduct of the Contractor. 3.6.2.2 Additional Indemnity Obligations. Contractor shall defend, with legal counsel chosen by City, at Contractor’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City 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 City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City 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 survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 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 City. 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. 3.6.8 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 City 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. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 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. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 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. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 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. 3.6.15 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. 3.6.16 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. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 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. CITY OF AZUSA [INSERT NAME OF CONTRACTOR] By: By: Don Penman Interim City Manager Name: Attest: Title: Jeffrey L. Cornejo, Jr. City Clerk Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: EXHIBIT “A” SCOPE OF SERVICES EXHIBIT “B” SCHEDULE OF SERVICES EXHIBIT “C” COMPENSATION