HomeMy WebLinkAboutE-05 Staff Report - RFP Catch Basin Cleaning ServicesCONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: APRIL 1, 2019
SUBJECT: AUTHORIZATION TO SOLICIT A REQUEST FOR PROPOSALS FOR
INSPECTION AND CLEANING OF CITY MAINTAINED CATCH BASINS
BACKGROUND:
The City is responsible for the maintenance of 318 catch basins throughout the City. These catch basins
must be cleaned regularly in accordance with the Municipal Separate Storm Sewer System (MS4)
Permit. The proposed actions will authorize staff to solicit a Request for Proposals (RFP) for inspection
and cleaning of City maintained catch basins.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Approve the RFP for services for inspection and cleaning of City maintained catch basins; and
2)Authorize staff to solicit the RFP.
ANALYSIS:
The scope of work in this agreement includes wet season and pre-season inspection, cleaning, and
maintenance of all City maintained catch basins. The proposed RFP incorporates the requirements set
forth in Order No. R4-2012-0175 NPDES Permit No. CAS004001, Waste Discharge Requirements for
Municipal Separate Storm Sewer System (MS4).
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
qualified service providers. Tentatively, proposals will be due to the City by Thursday, April 25, 2019
and staff will make a recommendation to the City Council on Monday, May 6, 2019.
APPROVED
CITY COUNCIL
4/1/2019
Request for Proposals – Inspection and Cleaning of City Maintained Catch Basins
April 1, 2019
Page 2
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
Prepared by: Reviewed by:
Robert Delgadillo, P.E. Daniel Bobadilla, P.E.
Assistant Director of Public Works Director of Public Works/City Engineer
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1) Request for Proposals
REQUEST FOR PROPOSALS
FOR
INSPECTION AND CLEANING OF CITY MAINTAINED
CATCH BASINS
FOR THE
CITY OF AZUSA, CALIFORNIA
PROPOSALS DUE ON APRIL 25, 2019, 5:00 PM
Submit Proposals to:
City Clerk’s Office
City of Azusa
213 E Foothill Blvd
Azusa, CA 91702
RE: Inspection and Cleaning of City Maintained Catch Basins
Questions about this RFP shall be directed in writing, via e-mail to:
Robert Delgadillo, P.E., Assistant Director of Public Works
rdelgadillo@azusaca.gov
Attachment 1
INSPECTION AND CLEANING OF CITY MAINTAINED CATCH BASINS
REQUEST FOR PROPOSALS (RFP)
I. INTRODUCTION
The City of Azusa is soliciting proposals from qualified contractors to provide inspection and
cleaning services for all City maintained Catch Basins. Details regarding the scope of services are
more fully described in Exhibits A, B, and C.
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) cities/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 QTY UNIT UNIT PRICE Total
1 Inspection and Cleaning
of City Maintained Catch
Basins (318 EA)
1,272
(Inspection
& Cleaning)
$ Each/
Cleaning
2 Provide and affix “No
Dumping” message to
catch basin – as needed
100 $ Each
3 Submit Catch Basin
Location Table
1 LS
- - - - TOTAL =
Contractor shall create a table providing the location of all City maintained catch basins. Each
catch basin shall be inspected and cleaned on a quarterly basis to meet the minimum
requirements set forth in the MS4 permit.
Before and After Photos of each inspection and cleaning shall be provided to the City on a flash
drive.
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 A).
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, April 25, 2019 at the following
address:
City of Azusa
City Clerk’s Office
213 E. Foothill Blvd.
Azusa, CA 91702
Re: Inspection and Cleaning of City Maintained Catch Basins
Late submittals will be rejected and not returned.
B. Inquiries
Inquiries concerning this RFP shall be directed to:
Robert Delgadillo, P.E., Assistant Director of Public Works
Phone (626) 812-5248; Email: rdelgadillo@azusaca.gov
Contractors are provided the opportunity to ask questions prior to submittal of a proposal. The
final date to submit all questions is Tuesday, April 16 2019, 5:00 P.M. and should be submitted
in writing, via e-mail to rdelgadillo@azusaca.gov
C. Schedule
The anticipated schedule of activities related to this RFP is as follows:
RFP Issued April 2, 2019
Question Submittal Deadline April 16, 2019
Proposal Due Date April 25, 2019
Contract Award Date (Tentative) May 6, 2019
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
GENERAL
The primary objective of the inspection and cleaning of City maintained catch basins is to
remove all leaves, paper, dirt, rocks, glass, bottles, cans and other debris to reduce the amount of
this material making its way into the storm drain system. 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 cleaned to the satisfaction of the City. The City maintains
approximately 318 catch basins.
All debris and refuse collected by the Contractor shall become its property. Contractor
shall dispose of all refuse and debris collected during cleaning 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 catch basins 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.
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.
The Contractor is responsible for all traffic control that may be required to perform the
required services. “No Parking” signs shall be placed a minimum of 48 hours in advance if
required.
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 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 provide equipment that is properly maintained mechanically and in
appearance. The Contractor shall provide backup equipment adequate to ensure completion of
scheduled work in the event scheduled equipment is down mechanically, to re-do an
unsatisfactory area or to provide any additional cleanings 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.
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
provide all disposal “load tickets” which identify the legal disposal location and net weight of all
debris collected and disposed from the City maintained catch basins. The Contractor shall also
note in the documentation any occurrence of broken, damaged, or nonfunctioning catch basins,
connector pipes, manhole covers, connector pipe screens, inlet guards, and inlet grates observed
during the cleanings. Photos of unsound conditions should be included with the logs. All safety
issues shall be reported to the City immediately. Cost for documentation shall be included in the
cost of the inspection and cleaning and no further compensation will be made.
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’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.
EXHIBIT "B"
SCHEDULE OF MAINTENANCE SERVICES
A. A complete schedule of inspection and cleaning shall be submitted to the City for
approval prior to any work being done under this Agreement. The schedule shall include location
of each catch basin and the expected inspection and cleaning date(s). Changes in a schedule for
the convenience of the Contractor will require written approval by the City prior to being
included in the work.
B. To minimize public inconvenience the Contractor shall diligently pursue the
work to comply with the approved 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 inspect and clean affected areas prior to the next scheduled cleaning. This cleaning may count
towards the required annual cleanings if it falls within the parameters set forth in the MS4
permit.
EXHIBIT "B"
CATCH BASIN LOCATION MAPS
SEE SHEET NO.
SEE SHEET NO.
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Monrovia
AzusaDuarte
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Azusa
Duarte
568 B6
568 D5
568 F7568 B7
568 C5
568 D6
568 D4 568F4
568 C4
568 E6 568 F6
568 B4
568 C7
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568 D7 568 E7
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NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
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2213DATE PRINTED: 1/15/2019
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22542254
2254 2254
NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
2253
2255DATE PRINTED: 1/15/2019
CATCH BASINS
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Catch Basin
OWNERSHIP
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SEE SHEET NO.
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SEE SHEET NO.2212SEE SHEET NO.2298"
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!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(
!(!(!(
!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(
#*
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#*#*#*
#*!(!(#*
#*#*#*#*#*#*#*!(!(!(#*#*#*#*#*!(!(!(!(!(#*!(#*#*#*!(#*!(#*!(!(#*#*#*#*!(!(#*#*#*!(#*!(!(!(#*!(#*#*#*#*!(!(#*!(!(!(!(!(
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!(!(!(!(!(!(!(!(#*#*!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(
#*#*
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!(!(!(!(!(!(
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#*!(#*
#*#*#*#*#*#*
#*
#*
!(!(!(!(#*!(!(!(#*#*#*#*#*#*
!(!(#*#*!(
!(!(!(!(
§¨¦210
Irwindale
Azusa
Duarte
568 F7 568 H7568 G7
568 G5 568 H5
568 H4
568 H6
568 F4
568 F6
568 E5
568 E4
568 J4
568 F5
568 G6
568 G4
568 J6
568 J7
568 J5
ORANGEAVS
U
N
S
E
T
D
R HILLTOP DRTAM OSHANTER DRQUAILHOLLOW CT
CONEY AVN BARBARA AVC
R
AI
G
A
L
L
E
N D
R
W 12TH ST
FOOTHILL BLVD
PLUMTREE DRPOPLA
R VIEW DRW 8TH ST
INDUSTRIAL ST
E 8TH STCALLEDELCIELO
M E TR O R R
W 4TH ST
E MONTELLO DRHO
LLISAVN IRWINDALE AVHIDDENVALLEY D R
VISTA BONITA ST
SAINT ANDREWS LN
ANNANDALE LN
CALLE EVAMIRANDARAINBOWDR
EAST AVAVENIDADE LASUERTECALLEDE LALUNA
N ORANGE PLHERMITAGELN
S
A
N
G
A
B
R
I
E
L
C
A
N
Y
ON
R
D
LIME ST
SIERRAMADRE AV
CALLE DE LASESTRELLAS
ZACHARYPADILLA AVINDIANDUNES LN
ELDA STCLARKVIEW DRL O R I A N N A V
CONATA ST
E 11TH STW 13TH STBRIAN AVCRESCENT DR
CAMINOCANTERA AVENIDACONEJOW 6TH ST
E 5TH ST
E SIERRAMADRE AV
E FOOTHILLBLVD
E 9TH ST
E 4TH ST
E 10TH STTANCANYON RDE 6TH ST
NORTH ST SAN TA FE AVELKHORN DR
E 13TH ST
PE B B LEBEACH LN
ASHBY ST
N S
A
N
G
A
B
RIE
L
C
A
N
Y
O
N R
D
W 11TH ST NOBHILL DRAEROJET AVDEBORAH AVROYAL OAKS DR
DANLEE STMILLER AVCALLEDEL SOL
IRWINDALE RDGEORGIA AVW OPTICAL DR OAKVIEW DRN CONEY AVGEORGIA PLJARDIN DE ROCAEDITH ANN DRCHERRY HILLS LN
FISH CANYON RD
W VIRGINIA ANN DR
N VERNON AVN LOUISE AVN ORANGE AVBARBARA AVN LEMON AVN VIRGINIA AVN ENID AVN SOLDANO AVN AZUSA AVN SUNSET AVAT & SF RR
AVE N I D A PA D I LLA SOLDANO DRMOUNTAIN VIEW CIRN LAUREL VALLEY DRN ANGELENO AVN MC KEEVER AVENCANTO PWYN LOREN AVHOLMAR AVN DALTON AVW POINT O WOODS DRW 9TH ST
MONTECITO WY
W S I ER R AMADRE A V
W BAYLESS ST
W 5TH ST
FOOTHILL FRWY N ALAMEDA AVW FOOTHILL BLVD N SAN GABRIEL AVTODD AVUP RRW 10TH ST
30
129 130122
128118
127 287119131286
292
121120 132126
125
123 124
240232115111
285245263114275110230
272
293 291117112
113109
281223108116
146148140282
147
290
242289 143 144142141288 145 263259268251
183182
85 190185
260
265
195189
188
1848786
199198187186
888990
91 197212213
196 201200193192191194
158171169176168 179167163
207
175172164
162
178174173 180170 106
165
177
160
161 18159171516
181
141213910116
7
8
4
5
3738
394036322026 444851575435312519 424758505649435546533433
27 30 41232159282924522245
77 1280
3
818278
792742838384
284 254
65 64 63736668 60
75 74 7172217
2226
®
22552255
2255 2255
NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
2254
2256DATE PRINTED: 1/15/2019
CATCH BASINS
Azusa
Catch Basin
OWNERSHIP
#*CITY
!(LACFCD
")RMD
"UNKNOW N
262
Azusa CITY: 71 LAC FCD: 191
THIS MAP IS INTENDED FOR USE ONLY ASOPERATIONS MAP BY LO S ANGELES COUNTYAND ITS CONTRACTOR S/CONSULTANTS. LO S ANGELES C OUNTY EXPRESSLYDISCLAIMS ANY LIABILITY FOR ANY IN ACCU RACIES AND/OR OMISSIONSWHICH MAY BE PRESENT IN THIS MAP.
SEE SHEET NO.
SEE SHEET NO.
BaldwinPark
Irwindale
CO
Covina
Monrovia
AzusaDuarte
SEE SHEET NO.2213SEE SHEET NO.2299#*
!(!(!(
!(
#*#*#*#*
!(
!(!(
!(
#*
!(#*!(!(!(
!(!(
#*
#*
#*#*!(!(#*#*#*#*#*#*#*!(!(!(!(#*#*!(#*!(#*!(!(!(!(!(#*#*!(!(
!(!(!(
!(
!(
!(!(!(!(!(!(!(!(!(!(
!(
#*#*
!(!(!(#*!(!(!(!(!(#*!(!(!(!(#*!(!(!(!(!(!(!(!(!(!(!(#*#*#*#*#*!(
!(
!(#*!(!(#*
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#*#*#*!(#*!(!(#*#*!(#*!(#*#*#*
#*
!(#*!(
#*#*
!(!(!(!(!(
!(!(
§¨¦210
Irwindale
Covina
Azusa
CO
568 F7 568 H7
598 J2
568 G7
598 G2
598 F1
568 H6
598 H1
598 J1598 G1
598 H2
568 G6 568 J6
598 F2
568 J7
E AZUSA LN
W GLADSTONE ST
LEAF AVN LARKELLEN AVS SALLYLEE AVZACHARYPADILLA AVSUSANNE
MARIE CT
VARNELLAVALLEN DRHOMEREST AVSALLYLEE AVSAINTMALO AVCINDY
LOU CT
EASTSTCONEYAVENID STE ARROW HWYSANTOSDIAZ STN RIMSDALE AVN APPLECROSS AVW ORKNEY STJEREZST
JAREZST
PARKSIDE ST
DIAZ STW PAY SO N S T S ALAMEDA AVE R E N W I C K R D
GRANDVIEWDR
S ARTHUR AVALAMEDA AVZAMARASTIRWINDALERDJACKSON AVNOBLE PLGLADSTONE ST
PAYSON ST
MCKINLEY ST
RUE DEVALLEEM ILL B U R G H
A VS AZUSA AVEAST AVN VOGUE AVSANRAMON AVN HYACINTH AVDIAMONDORKNEY STN VIRGINIA AVN ASPAN AVN ENID AVAYON AVE KI R K WA LL R D
W ROOSEVELT ST TORREON STE 3RD ST
E 2ND ST
W KIRKWALL RD
MOMAX ST
SOLEM STAEROJET AVASTELL AVADOBEJARDINDE ROCAASPAN AVW PARAMOUNT ST
NORTH ST
BUSINESSCENTER DR
SOUTH ST
CENTER ST
W 1ST ST
WOODCROFT ST
E PAY S O N S T
2ND STMILLBURGH RD S SANGABRIEL AVBARBARA AVN VERNON AVSAN GABRIEL PL
N GARELOCH AVCLYDEBANK AVE 1ST STAT & SF RRROXBURGH AVS MIRA LOMA DRNOBLE AVN DONNA BETH AVMASON ST
E ORKNEY STW RENWICK RDN ORANGE AVE WOODCROFT STGRANDIN AVN ANGELENO AVMORADA STS DUGGAN AVE GLADSTONE ST
W ARROW HWYMOTOR AVS IRWINDALE AVLETON AVS SUNSET AVS ENID AVSALVATIERRA ST ENID AVADELANTE ST
BOULDERW DUELL ST
N SOLDANO AVS ANGELENO AVN CONWELL AVDUXFORD AVRENWICK RDVINCENT AVE ROLAND ST
DIXON STN SAN GABRIEL AVS LARK ELLEN AVARROW HWY N DALTON AVW 2ND ST
N ALAMEDA AVW 3RD ST
N AZ
US
A A
V
ORNELAS ST
N LEAF AVN BANEWELL AVS ELLIOTT AVS ORANGE AVKIRKWALL RD
FOOTHILL FRWY
W HOLLYVALE ST
E LAXFORD RDS AYON AVE NEWBURGH ST S LEMON AVE RUSSELL STS JACKSON AVS ASPAN AVS VERNON AVS VIRGINIA AVS LOUISE AVN IRWINDALE AVUP RR122 125 126121
289
130131
132
134135
138 136137
84
254
76 247 75 16777 170901661681657374169 17992
9493
95
72
87 189185
21286 190
184
85 182 183
26
7169 209
70 2519868672123
17
1864 241322752
66
65
646361
273
1613 15
12 14
11 10
33 36353432
31
30
®
22562256
2256 2256
NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
2255
2257DATE PRINTED: 1/15/2019
CATCH BASINS
Azusa
Catch Basin
OWNERSHIP
#*CITY
!(LACFCD
")RMD
"UNKNOW N
137
Azusa CITY: 49 LAC FCD: 88
THIS MAP IS INTENDED FOR USE ONLY ASOPERATIONS MAP BY LO S ANGELES COUNTYAND ITS CONTRACTOR S/CONSULTANTS. LO S ANGELES C OUNTY EXPRESSLYDISCLAIMS ANY LIABILITY FOR ANY IN ACCU RACIES AND/OR OMISSIONSWHICH MAY BE PRESENT IN THIS MAP.
SEE SHEET NO.
SEE SHEET NO.
BaldwinPark
Irwindale
CO
Covina
Monrovia
AzusaDuarte
SEE SHEET NO.2255SEE SHEET NO.2341"
"
""
!(!(!(!(!(
!(!(!(!(!(
!(
!(!(!(!(!(
#*#*!(
!(!(!(!(!(!(!(!(!(!(!(!(
!(#*
#*
!(!(
!(!(#*#*!(#*!(#*#*#*#*!(!(#*#*!(!(#*#*#*#*!(#*!(!(
#*!(#*!(#*!(#*!(!(
!(#*!(
!(!(!(!(!(!(!(
!(!(!(!(!(#*!(!(!(!(!(!(!(!(
!(!(!(!(!(!(!(
!(!(
#*#*!(#*
GlendoraAzusa
CO
569 A7
569 A6
569 A5
569 B6
569 D4
569 A4
569 B5
569 B4
569 C5
569 D5
569 C4
569 D6
568 J4
569 C6568 J6
568 J7
568 J5
ORANGEPATH ST
W LACROSSE ST
W LA FETRA DR
HERITAGE CTHICREST RD
E ALOSTA AV
ELLERAY PL
E DONINGTON ST
ENGLISHOAKS PL
AMBEROAKS LNE J U B U E D L Y D R
VECINO AVE LEADORA AV
N CITRUS AVAUTUMNOAKS LNPARKBROOKLNWINDERMERE LNCOVENTRY PL
B R O O K F IE L D P L
K E S W I C K P L
N OLIVE CTBRANTFELL PL
MEADOWOAKS LNF O X G L O V E C T
BARRANCA AVYUCCACTM E T R O R R N BALDY VISTA AVN ORANGECREST AVLIME AV
STITESWOODAVBRI
GHT
VI
EW DRROCKVALE AVLEADORAAV
E PONDEROSA DR
ASHWORTH PLN JUBUEDLY DRN OAK DRE NEWHILL ST
CEDARGLEN DRN RANGER DRN BARRANCA AVGLENFINNAN AVN POWELL AVE SILVERMAPLE DR
SYCAMORE DR
E LAURELOAK DR
N SEQUOIA LNDONINGTON ST
LEE DRW DONINGTON ST
W DALTON ST
STUDENTCENTER DR
ST
ADI
UM WYE 13TH ST
DYER LNW MILTON DR
E DANTON DR
E MATCHWOOD PL RAINBOW DRE 4TH ST TRINITY DROAK DRSIERRA DRE 10TH ST
E 11TH ST
N WI
L
DWOOD AVFERNPARK DR
YUCCA RIDGE RDPINEBENLOMOND AVN TWINTREE AVPARKWAY AVCITRUS AVARTCENTER DRE MATCHWOOD ST
E BAGNALL ST
W DANTON DR
E 9TH ST
E 8TH ST
CALDER DRE LEE PL
FORESTDALE AVN MARCILE AVN GALANTO AVVECINO DRD O R N I E S TN VECINO AVN OAKBANK DRRICHARDSON LN
LO C H LE V E N S TS PARKER DRLOWELL AVN CALERA AVW BAGNALL ST
LA FETRA DR
S VALENCIA STS WILDWOOD AVCALIFORNIA AVS MARCILE AVS GRAND AVN PALM DRIN V E R G A R R Y S T
DURRELL AVOLD MILL RDSTEIN LNN SOLDANO AVLA CROSSE ST
W CARROLL AVLAKEVIEW TERW MEDA AV
N CERRITOS AVE 6TH ST
W LAUREL AV
W VIRGINIA AV
W NORTHRIDGE AV
W ADA AV
HEBER ST
LEESIDE STAUDITORIUM DRC A M P U S D R
E SIERRA M ADRE AV
W LEADORA AVWILDWOOD AVS BARRANCA AVTRAYER AVORCHARD LPW COMSTOCK AV
N GRAND AVCOLLEGE DR
W WHITCOMB AVN PASADENA AVE FOOTHILL BLVD
UNIVERSITY AV N BENDER AVN WESTRIDGE AVE 5TH ST
E MILTON DRSOLDANO DRW SIERRA MADRE AV
W HEBER ST
BRIDWELL STN ROCKVALE AVW ROUTE 66
W FOOTHILL BLVDVALENCIA STW BENNETT AV
133132136 161
157153
156154155
166
151152
150148149
159 160147
145 146146 158
135 144131145263133132134 268 264
265143267
129 123124128
142141140125122 247126127
269118117116115
158 108179107 111180106109110
1051039691
102959298939994100101
85
37 84 9086888987 ®
22982298
2298 2298
NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
2297
2299DATE PRINTED: 1/15/2019
CATCH BASINS
Azusa
Catch Basin
OWNERSHIP
#*CITY
!(LACFCD
")RMD
"UNKNOW N
91
Azusa CITY: 23 LAC FCD: 68
THIS MAP IS INTENDED FOR USE ONLY ASOPERATIONS MAP BY LO S ANGELES COUNTYAND ITS CONTRACTOR S/CONSULTANTS. LO S ANGELES C OUNTY EXPRESSLYDISCLAIMS ANY LIABILITY FOR ANY IN ACCU RACIES AND/OR OMISSIONSWHICH MAY BE PRESENT IN THIS MAP.
SEE SHEET NO.
SEE SHEET NO.
BaldwinPark
Irwindale
CO
Covina
Monrovia
AzusaDuarte
SEE SHEET NO.2256SEE SHEET NO.2342#*!(
!(!(
!(
!(!(
!(
!(
!(
!(
!(#*#*#*#*
!(!(
!(!(!(!(!(!(!(!(!(!(!(!(
!(!(!(!(!(#*!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(#*!(!(!(#*!(
#*#*#*
!(!(!(!(#*!(!(!(!(!(!(!(!(!(
!(!(!(!(!(!(
§¨¦210§¨¦210
Covina
Glendora
Azusa
CO
569 B7
598 J2 599 B2
569 A7
569 A6 569 B6
599 A1
599 A2
598 J1
599 C2
599 C1
599 D1
569 D6
599 D2
599 B1
569 C7
569 C6
569 D7
568 J6
568 J7 W LINFIELD ST
N GRAND AVN CITRUS AVMAUNA LOA AVN BARRANCA AVS GRAND AVFOOTHILL FRWYDOMINGUEZ PLLA R K S P U R
LN
PRIMROSEPL
SAN GABRIELE W EATHER RDS CITRUS AVSAN JOAQUINLAXFORD RD
GLADSTONE STFAIRVALE AVDIXONST
CELESTE ST
W BONITA AV
W GHENT ST
BRIARGATE LNE CASITA ST
BELLEFONT DR STITESWOODAVN CALERA AVS RANBURN AVW GAILL ARD STN ORANGECREST AVN FACTOR AVARMSTEAD ST GOODWAY DRGLENFINNAN AVN RANGER DRORKNEYSTORANGECREST AVORANGEGLEN AVTWINTREE AVBARRANCA AVLOS FELIZSA NPASQU A LWEATHERRD
SANTAANITA WESTRIDGE AVSANJOSE
SANRAFAEL
MANNINGST
LARKIN DRMASON ST
GRANTLANDDRW ARROWHWY
PETUNIA ST
GLENLYN DR
DUELL ST
S FAIRVALE AVGALANTO AVW COLORADO AV
FENIMORE AVFUCHSIA AVE 3RD ST
LA HABRAE BASE LINE RD
S BURTON RDS CALERA AVRANGER DRE LINFIELD ST
DALE RDKIRKWALL RD
E PAYSON ST
DI K E S T
HEATHDALE AVS ROSALINDA AVS BARRANCA AVSCOTT AVE HANKS ST
S SHADYGLEN DRCHARVERS AVC H AD LE Y STN TWINTREE AVDAW SO N AVE RUSSELL ST
E MAUNALOA AV
LA CANADAVECINO AVE 2ND ST
WOODCROFT AV
W OO DCRO FT STN FAIRVALE AVSAN JULIANSAN ANTONIOE DUELL ST
MILLBURGH AV
E HALTERN ST
HELENSBURG ST
W MAUNA LOA AV
E HOLLYVALE ST
S WESTRIDGE AVNEWBURGH ST
W B AGN ALL ST
FLEETWOOD PL
W CARTER DR
W KIRKWALL RD
W JUANITA AV
W RENWICK RD
E CITRUS EDGE ST
HANKS ST
S VECINO DRN PASADENA AVS PROSPERO DRE ALFORD ST STARCREST DRTRAYMORE AVHANLIN AVN GALANTO AVW GALATEA STRODECKER DRS BRIARGATE LNSODERBERG AVW GLADSTONE ST
GALLARNO DRVECINO DRE WOODCROFT ST
E LAXFORD RD BRIGHTVIEW DRN ROCKVALE AVN SOLDANO AVN FENIMORE AVNEARFIELD ST
OAKBANK DRE GLADSTONE ST
DUXFORD AVDELAY AVE 1ST ST
GLENLYN DR
MURRAY AVLINFIELD ST
S PASADENA AVO MALLEY AVMCKINLEY ST
E ARMSTEAD ST
PAYSON ST
E RENWICK RD
E KIRKWALL RD PROSPERO DRE PETUNIA ST
GHENT ST FORESTDALE AVLA SERENA DRVICEROY AVS CERRITOS AVW LAXFORD ST
W BASE LINE RD
E NEWBURGH STS ELLIOTT AVE NEARFIELD ST
E ARROW HWY
FONDALE ST
GAILLARD STCEDARGLEN DRFAIRVALLEY AVCALERA AVN VICEROY AVN CALVADOS AVEDENFIELD AVALFORD ST
N CERRITOS AVCITRUS EDGE ST
GALATEA ST
190188189
182
181180
178
199176
200
201
207208
2701
79 3 4787374
777576
110
1069796147139 107104
99
95
146138 10810598141140
91
111
145 1031429294144100 10214393101
117
48123127131124
128 125 49
130 126129 50
135 134133132
136 161
®
22992299
2299 2299
NUMBER OF C ATCH BASINSTO B E CLEAN ED ON THIS PAGE:
TOTAL :
2298
2300DATE PRINTED: 1/15/2019
CATCH BASINS
Azusa
Catch Basin
OWNERSHIP
#*CITY
!(LACFCD
")RMD
"UNKNOW N
82
Azusa CITY: 9 LAC FCD: 73
THIS MAP IS INTENDED FOR USE ONLY ASOPERATIONS MAP BY LO S ANGELES COUNTYAND ITS CONTRACTOR S/CONSULTANTS. LO S ANGELES C OUNTY EXPRESSLYDISCLAIMS ANY LIABILITY FOR ANY IN ACCU RACIES AND/OR OMISSIONSWHICH MAY BE PRESENT IN THIS MAP.
ROSEDALE CATCH BASIN INVENTORY
TOTAL # OF CATCH BASINS = 149
CATCH BASIN
8513273_1
ATTACHMENT A
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]
(“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and
collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant 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. Consultant represents that it is experienced in providing Inspection and Cleaning of
City Maintained Catch Basins 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 Consultant to render such services for the Inspection and Cleaning
of City Maintained Catch Basins project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant 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 maintenance 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. Consultant 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.
[INSERT NAME OF COMPANY]
Page 2 of [INSERT LAST PAGE OF AGREEMENT]
8513273_1
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant 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 Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant 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. Consultant 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. Consultant 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.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant 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
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant 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, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
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
Consultant 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 Daniel Bobadilla,
Director of Public Works/City Engineer, 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
[INSERT NAME OF COMPANY]
Page 3 of [INSERT LAST PAGE OF AGREEMENT]
8513273_1
power to act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any person other than the City’s Representative or his or her
designee.
3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME
OR TITLE], or his/her designee, to act as its representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant’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. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant 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, Consultant 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 Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants 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 Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Consultant 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 Consultant (“Performance
Milestones”). Consultant 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. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING
LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0; ALSO DELETE “AND
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LIQUIDATED DAMAGES” FROM TITLE OF SECTION***]Pursuant to Government Code
Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of
[***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***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. Consultant 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. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant 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; Consultant. By executing this
Agreement, Consultant 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 confirming the identity and immigration status of each employee of
the Consultant. Consultant 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. Consultant 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. Consultant 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 Consultant’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, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants 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 Consultant verifies that they are a duly authorized officer
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of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants 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 Consultant 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, Consultant
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. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
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. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant 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, Consultant 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. Consultant 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 Consultant, its
subconsultants, or others for whom Consultant 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,
Consultant’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
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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
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant 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 Consultant’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, Consultant 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. Consultant 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 Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant 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, Consultant 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. Consultant 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 Consultant, its agents, representatives, employees or subcontractors.
Consultant 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
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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. Consultant shall maintain
limits no less than: (1) General Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT;
TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF
CONTRACT AND RISK TO CITY]$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: [CONTACT RISK MANAGEMENT TO
CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED
DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$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 [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1
MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO
CITY]$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, Consultant 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 Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Professional Liability. [INCLUDE THIS SUBSECTION
ONLY IF APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than [CONTACT RISK MANAGEMENT TO CONFIRM
AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON
NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per claim, and shall be endorsed to include
contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall
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contain the following provisions, or Consultant 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 Consultant,
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
Consultant’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 Consultant’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 Consultant or for which the Consultant 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 Consultant’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 Consultant’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 Consultant.
(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
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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 Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant 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 subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
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 Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall
not allow any subconsultants 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 Consultant, the City may approve
different scopes or minimum limits of insurance for particular subconsultants. The Consultant
and the City shall be named as additional insureds on all subconsultants’ 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. Consultant 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
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time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant 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. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant 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. Consultant 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. Consultant 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 [REPLACE ‘CITY MANAGER’ WITH ‘CITY COUNCIL’
FOR AMOUNTS OVER $10,000]. 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. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. 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. Consultant shall not be reimbursed for any
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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 Consultant 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.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant 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, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant 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 Consultant’s
principal place of business and at the project site. Consultant 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 Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant 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 Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant 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.
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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
Consultant 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 Consultant
on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant 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 Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant 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,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant 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. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant 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 Consultant 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 Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant 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. Consultant 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. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
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party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.4 Indemnification. Consultant 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
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant 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 Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant 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:
Consultant:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Daniel Bobadilla, P.E., Director of Public Works/City
Engineer
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.
[INSERT NAME OF COMPANY]
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3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant 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 Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’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 Consultant'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 Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’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.
Consultant 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. Consultant 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. Consultant 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. Consultant’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,
Consultant 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 Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
[INSERT NAME OF COMPANY]
Page 15 of [INSERT LAST PAGE OF AGREEMENT]
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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 Consultants. City reserves right to employ
other consultants 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. Consultant 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 Consultant include all personnel, employees, agents, and
subcontractors of Consultant, 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. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
[INSERT NAME OF COMPANY]
Page 16 of [INSERT LAST PAGE OF AGREEMENT]
8513273_1
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants 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. Consultant 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.
3.6.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF
APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO
INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF
NECESSARY***] When funding for the Services is provided, in whole or in part, by an agency
of the federal government, Consultant shall also fully and adequately comply with the provisions
included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by
reference (“Federal Requirements”). With respect to any conflict between such Federal
Requirements and the terms of this Agreement and/or the provisions of state law, the more
stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
[INSERT NAME OF COMPANY]
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8513273_1
CITY OF AZUSA [INSERT NAME OF CONSULTANT]
By: By:
Joe Rocha, Mayor
Name:
Attest:
Title:
City Clerk
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title:
A-1
8513273_1
EXHIBIT “A”
SCOPE OF SERVICES
[INSERT SCOPE]
B-1
8513273_1
EXHIBIT “B”
SCHEDULE OF SERVICES
[INSERT SCHEDULE]
C-1
8513273_1
EXHIBIT “C”
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
D-1
8513273_1
[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION)
ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO
NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY
ATTORNEY IF NECESSARY***]
EXHIBIT “D”
FEDERAL REQUIREMENTS
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS
OF THE FEDERAL FUNDING SOURCE***]