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HomeMy WebLinkAboutE-5 Staff Report - 2024 Janitorial Services RFPCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: NOVEMBER 4, 2024 SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS TO PROVIDE CITY -WIDE JANITORIAL SERVICES BACKGROUND: The city last solicited bids for citywide janitorial services in January 2020. The contract for janitorial services is set to expire in May 2025 and all contract extensions have been utilized. Since all additional one-year extensions have been exhausted, staff must solicit bids and award a new contract. This action will authorize staff to issue a Request for Proposals (RFP) to provide city-wide janitorial services. RECOMMENDATIONS: Staff recommends that the City Council take the following action: 1) Authorize staff to issue a Request for Proposals to provide city-wide janitorial services. ANALYSIS: The city last solicited bids for citywide janitorial services in January 2020. The contract for janitorial services is set to expire in May 2025 and all contract extensions have been utilized. Since all additional one-year extensions have been exhausted, staff must solicit bids and award a new contract. Once all bids have been received, staff will review and return to Council for contract award consideration to the lowest responsive bidder. Approved City Council November 4, 2024 City-Wide Janitorial Services RFP November 4, 2024 Page 2 The proposed RFP will include all city facilities. Each facility has a different need due to the hours and nature of operations. The specifications of the RFP will consider a service level deemed appropriate for each facility to meet the needs of the various departments. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Prepared by: Reviewed by: Natalie Reagan Robert Delgadillo, P.E. Management Analyst Director of Public Works/ City Engineer Reviewed and Approved by: Sergio Gonzalez City Manager Attachment: 1) Request for Proposals to Provide City-wide Janitorial Services REQUEST FOR PROPOSALS (RFP) TO PROVIDE JANITORIAL SERVICES FOR CITY FACILITIES TO THE CITY OF AZUSA, CALIFORNIA RELEASED ON NOVEMBER 12, 2024 CITY OF AZUSA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of Azusa City Clerk’s Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone (626) 812 -5229 until 10:00AM on December 19th, 2024, at which time they will be opened and reviewed for the provision of the following: “Janitorial Services for City of Azusa Facilities” All proposals must be sealed and clearly identify the bidder’s name and address. The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any bidder on the grounds of race, color, sex, or national origin in consideration for the award. Bid packets may be obtained at the Public Works Office in Azusa City Hall West, 213 E. Foothill Blvd., Azusa. You may also email your bid packet request to natalie.reagan@azusaca.gov. A MANDATORY pre-bid job walk will be held on Friday, December 6th, 2024 at 8:00AM, at the City of Azusa Civic Auditorium located at 213 E. Foothill Blvd, Azusa, California 91702. To confirm your attendance, please contact Management Analyst Natalie Reagan via email at natalie.reagan@azusaca.gov. 1. PROPOSAL REQUIREMENTS The purpose of this Request for Proposal is to solicit and select contractor to prove janitorial services for city owned facilities to include, City Hall, West Wing, Civic Auditorium, Durrell House, Barnes House, Police Department, Senior Center, City Library, City Yard Administration Offices, Azusa Woman’s Club, Memorial Park Administration Offices, Memorial Park and North Recreation public areas, Slauson Park Aquatic Center, Northside Recreation Hub, Light & Water Administration Building and Suite 2B, Electric Yard Office, Water Yard & Annex, and Water Filtration Office. All services provided by the Contractor shall be performed by individuals that meet the qualifications, standards, and requirements for the positions. The awarded Contractor shall have the resources to provide effective and timely services including providing customer service to the City of Azusa. All persons responding to this invitation shall be aware that their bids are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any bid received, and to be the sole judge of the merits of the bids received. 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFP November 12, 2024 MANDATORY Pre-Bid Job Walk December 6, 2024 Deadline for Written Questions December 10, 2024 Responses to Questions Posted on Web December 12, 2024 Proposals are Due December 19, 2024 Interview January 8, 2025 Approval of Contract January 21, 2025 All dates are subject to change at the discretion of the City. 3. CONTRACT TERMS AND CONDITIONS In awarding any equipment purchase contract, the selected bidder must agree to enter into a Maintenance Services Agreement (“Agreement”) with the City and comply with the Azusa Municipal Code (“City Code”) as conditions of receiving the contract. The City reserves the right to: (1) reject any and all bids; (2) waive minor irregularities; or (3) disqualify any bid that contains false or misleading information. The initial term of the contract is three (3) years with two (2) additional one (1) year extensions available. 4. LICENSES, PERMITS AND LAND USE APPROVALS The selected bidder must comply with all City, County and State standards and must, at the time, make a proposal to the City and throughout the time that the bidder provides services to the City, possess all other permits, licenses or land use approvals required by the City or any County, State or Federal agency to operate its business. The bidder shall identify in its proposal the location from which it will provide services to the City. The bidder must have, at the time it submits its proposal, the right to lawfully operate the business from that location. The business must lawfully be operating from such a location at the time it submits its bid. 5. AWARD OF CONTRACT The Issuance of this Notice Inviting Bids and receipt of bids does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, or disqualify any bid that contains false or misleading information, and to take the bids under advisement for the period of time stated in the “Notice Inviting Bids,” all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are completed as to the responsibility and qualifications of the bidder to whom the award is contemplated. No person may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof. 6. INSURANCE Prior to the commencement of the janitorial services, the selected bidder shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Best’s Class A- or better carriers: (1) Workers’ compensation insurance covering all employees and principals of the bidder, in a minimum amount of $1 million per accident, effective per the laws of the State of California; and (2) Commercial General Liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit. Said policy or policies shall be endorsed to state the coverage shall no be suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) days’ prior notice has been given in writing to the City. The selected bidder shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the selected bidder’s operation hereunder. 7. SCOPE OF SERVICES The following scope of work outlines the required tasks the Contractor is expected to perform and include in their proposal. All services performed by the contractor or any sub-contractor shall be provided in a manner consistent with the level of care and skill exercised by members of the contractor's or the respective sub-contractor's profession. Such services shall be performed under the direct supervision of qualified and experienced personnel. The specific types of janitorial cleaning services will be provided daily, weekly, and/or quarterly (i.e., once every three months on the 1st weekly service day of the quarter) and includes, but is not limited to, the following services: daily restroom and break rooms service (e.g., empty trash, clean all mirrors, clean table tops), daily floor service (e.g., sweep all floors, mop floors, vacuum carpeted areas), daily interior cleaning (e.g., dust table tops and clean all entry windows), weekly floor service (e.g., wet mop all tile floors and spot clean), weekly interior cleaning (e.g., dust mini blinds, wash walls and doors, and wipe and clean cabinets in break rooms), and quarterly service (e.g., wash all windows, clean all interior baseboards). 8. CONTENT OF THE PROPOSAL At a minimum, include the following items in the proposal: 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 firm. The cover letter shall include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. b) Firm Overview and Qualifications: Introduce your firm and provide a general description of your firm’s qualifications and experience, with emphasis on previous projects/services which are similar to those listed herein. Include an organizational chart, staffing plan, and resumes for all parties that may provide services during the term of this agreement. The firm must present evidence of relevant contracts with other Southern California local agencies within the past three (3) years where similar janitorial services have been performed. c) Staff Qualifications: Provide resumes for all staff that may provide services during the contract period. Include name of the person(s) proposed to be in charge of projects and/or services. Project Manager Minimum Qualifications Project Manager(s): The individual proposed must have a clear understanding of service scheduling. Evidence of this experience must be clearly outlined in the vendor’s proposal and the resume(s) for proposed staff. d) References: Provide contact information for current and previous municipal clients. e) Insurance: Provide a copy of firm’s current insurance certificate. For a detailed description of insurance requirements, please refer to Appendix A. 9. EVALUATION CRITERIA AND SELECTION The City of Azusa will evaluate all proposals based on, but not limited to, the following criteria and will be assigned a score of a maximum of 100 points: a) Completeness: Completeness of proposal. (20 points) b) Experience: Contractors demonstrated an understanding of the Scope of Services and years of experience in providing services of a similar nature. (40 points) c) Technical Competence: The number of resources and the individual qualifications of staff proposed to perform the required services, as well as the contractor’s proven capacity to deliver services on time and on budget. (40 points) The City reserves the right to require an oral interview of any and all respondents prior to the final scoring and selection. If an oral interview is required, the respondents will be provided with a minimum advanced notice of one (1) week. 10. PROPOSAL SUBMITTAL The City of Azusa hereby notifies all proposers that it will affirmatively ensure that pursuant to this advertisement, all business enterprises will be afforded a full opportunity to submit proposals in response to this RFP. In the awarding of the contract, the City shall give equal opportunity to all respondents, regardless of sex, race, creed, color, national, or ethnic origin. Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. Submit one original, three (3) hard copies plus one disk copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In the event of a conflict between the original and any hard copy or disk copy, the original shall control. An original and three (3) copies of the proposal shall be presented in a sealed envelope/package, clearly labeled “Janitorial Services RFP,” and bearing the name, address, and telephone number of the individual or entity submitting the proposal. Submittal of RFP’s, modifications, and/or corrections received after the closing time specified will not be considered. No electronic mail, telephone, or facsimile of proposals will be accepted. If a photocopy is submitted, it must be signed in ink. Information must be furnished completely in compliance with the terms, conditions, provisions, and specifications of the RFP. The information requested and the manner of submission is essential to permit prompt evaluation of all proposals on a fair and uniform basis. Complete written proposals must be submitted in sealed envelopes marked and received no later than 10:00 a.m. (P.S.T) on December 19, 2024. to the address below. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. City Clerk’s Office City of Azusa 213 E Foothill Blvd Azusa, CA 91702 RE: Janitorial Services RFP Questions about this RFP must be directed in writing, via e-mail to: Natalie Reagan, Management Analyst natalie.reagan@azusaca.gov The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments, responses to questions received, and additional information will be posted to the City of Azusa Website, Official City Web Site – Departments - City Clerk – Bid Information/Request for Proposals; Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than December 10, 2024. The City reserves the right not to answer all questions. From the date that this RFP is issued until a Proposer is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. The City of Azusa hereby notifies all proposers that it will affirmatively ensure that pursuant to this advertisement, all business enterprises will be afforded a full opportunity to submit proposals in response to this RFP. In the awarding of the contract, the City shall give equal opportunity to all respondents, regardless of sex, race, creed, color, national, or ethnic origin. 11. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to declare as non-responsive or to reject any and/or all proposals in which material information requested is not furnished or where indirect or incomplete answers or information is provided. The City also reserves the right to waive any informality in the process, and to accept any proposal or portion thereof, by order of the City Council of the City of Azusa. No guarantee is made hereby that any contract will be awarded pursuant to this RFP, or otherwise. All costs incurred in the preparation of the proposals, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the respondent(s). 12. STAFF CONTACT For all inquiries, please contact Public Works Management Analyst Natalie Reagan at natalie.reagan@azusaca.gov. CITY OF AZUSA TECHNICAL SPECIFICATIONS FOR JANITORIAL CLEANING SERVICES Contact Person: Shan Thompson, Facilities Supervisor Office Telephone: (626) 812-5158 E-mail: shan.thompson@azusaca.gov Work Days: Monday – Thursday Office Hours: 6:30 AM – 5:00 PM The following locations apply to the specifications, work to be performed, bidding and invoicing. Facility Inventory City of Azusa Civic Center City Hall 213 E. Foothill Blvd 6,632 sq. ft West Wing 8,630 sq. ft. Auditorium 4,460 sq. ft. Durrell House (Museum) 740 E. Alameda Ave 2,021 sq. ft. Barnes House (Sister City) 795 N. Dalton Ave 1,250 sq. ft. Police Department 725 N. Alameda Ave 28,558 sq. ft. Senior Center 740 N. Dalton Ave 15,743 sq. ft. City Library 729 N. Dalton Ave 18,500 sq. ft. City Corporate Yard Public Works & Parks Office 809 N. Angeleno Ave 7,264 sq. ft. (Includes outside restroom by Rosedale Room) Satellite Facilities Azusa Woman’s Club 1003 N. Azusa Ave 6,160 sq. ft. MPK Administration Office 320 N. Orange Place 2,000 sq. ft. MPK & NRC Public Areas 320 & 340 N. Orange Place 18,000 sq. ft. Aquatic Center (Slauson Park) 1020 W. 10th St 3,864 sq. ft. Northside Recreation Hub 1320 Old San Gabriel Canyon Rd 4,000 sq. ft. Light & Water Department Light & Water Administration Offices 729 N. Azusa Ave. 18,737 sq. ft. Light & Water Suite 2B 2,475 sq. ft. Electric Yard Office 1020 W. 10th St. 4,000 sq. ft. Water Yard & Annex 710 W. Gladstone St 2,375 sq. ft. Water Filtration Office 1870 Ranch Road 2,925 sq. ft. A. CONTRACT EXTENSIONS a) The City and Contractor, by mutual consent and approval of Council, may extend this three (3) year janitorial contract at its termination, for a period of one year, not to exceed two (2) consecutive years. B. EXHIBITS a) Contractor shall comply with the following exhibits: Exhibit A – Sign In/Out Form • Sign-in/out forms shall be completed each working day by assigned custodian • A form shall be placed at a designated area of each facility. • Contractor shall have the responsibility of submitting all completed monthly forms to the Facilities Foreman. • City shall have the right to deduct the average day of janitorial cost from monthly payment for each day not recorded on this form. Exhibit B – Monthly Inspection Form • City will provide a monthly inspection form to be used by both City and Contractor, to document performance. • Monthly inspections shall be performed within the first week of each month. • Contractor shall be prepared to allocate a minimum of two (2) hours to perform this task. • Form must have both City and Contractor signature in order to be valid. Exhibit C – Main Bid Document • This form shall be completed and submitted along with bid. • Contractor shall include the monthly cost to perform all work specified herein. Exhibit D – Main Bid Document (Supplemental) • The contractor shall complete this form in order for the City to evaluate submitted bids and for comparison purposes as to labor time per day per facility. • This document shall remain on file and considered part of contract as a benchmark for duration of service per facility. C. EXTRA WORK a) City may authorize the Contractor to perform extra services as required. b) Contractor shall be prepared to work evening hours, weekends, and holidays. c) The City reserves the right to obtain alternate quotations. D. INVOICING a) All invoices for extra work (i.e. special cleanings) shall be submitted to the City separate from the monthly contract invoice. b) Invoice shall state the nature of work, cost breakdown for each facility, date, and name of City employee who authorized the work. E. CUSTOMER SERVICE a) Contractor shall be responsible for furnishing uniforms to employees, to include name of employee and company name. b) City maintains the right to have contractor relocate or remove its employees from any City premise. F. CONTRACT EMPLOYEES a) Contractor shall submit to City an employee roster as to the names of individuals who shall be assigned to each City facility. b) City reserves the right to conduct background checks for each contract employee for criminal offenses. c) All custodians shall be the employees of the Contractor in which the name of the company is indicated on the agreement. d) Contractor shall submit the name and position of Supervisor in charge of custodians. e) Contractor shall state the name of all sub-contractors. G. HOURS & DAYS OF WORK a) All work shall be performed on the days specified on section #4 (Service by Facility), of the Facility Service Specifications. b) All restrooms and break rooms shall receive full service per the designated service days on section #4 (Service by facility), of the Facility Service Specifications. H. EQUIPMENT & SUPPLIES a) Contractor shall supply all equipment required to perform work in order to maintain a satisfactory level of service. Example of which are; vacuum cleaners, push carts, mops, dust brooms, hand held vacuums and mini blind dusters. b) City shall supply all paper supplies, cleaning solvents, plastic liners and soaps. I. SECURITY a) City will supply keys, entry cards or computerized chips and alarm codes to contract employees. b) Contractor shall be responsible for the cost to replace any lost security items. c) City shall have the right to verify security entry logs for deduction of pay for service NOT rendered or shortage of time spent per facility. d) Contractor employees shall comply with all City security entry procedures. e) Contractor may be liable for stolen items, if it so determined that Contractor did not secure facility upon completion of work. J. SUPERVISION a) Contractor shall provide adequate supervision on the job. b) All work shall be done in a manner satisfactory to the Facility Maintenance Staff or designated City Representative. c) Contractor shall inform the Facility Maintenance Staff of all cleaning schedules or change in personnel FACILITY SERVICE SPECIFICATIONS 1. Daily service shall be provided on the days specified on section #4 (Service by Facility) for the following: a. Daily Restrooms and Kitchen/Break Rooms Service i. Refill soap, paper towels and tissue dispensers. ii. Clean wash basins, toilets and urinals (water or waterless). iii. Polish all chrome fixtures. iv. Empty trash containers and clean outside of trash container as required. v. Clean all mirrors. vi. Disinfect all toilet seats. vii. Wipe down walls around lavatory fixtures. viii. Wet mop all floors with disinfectant. Damp mopping on vinyl floors. ix. Change all fragrant deodorizers as required. x. High dust partitions and fixtures. xi. Clean tabletops, counter tops, sinks, wipe stove tops and sides of refrigerators. xii. Wet mop Kitchen at Senior Center. xiii. Shower room cleaning at Light and Water and Police Department Facilities. xiv. Empty Blue recycling bin containers to the main blue recycling bin (White paper only at L&W facilities, Library, West Wing, City Hall). xv. Spray Cleaning enzymes on waterless urinals interior and wipe clean urinals exterior. b. Daily Floor Service i. Sweep all floors thoroughly with chemically treated dust mop. ii. Wet mop composition floors from spillage. iii. Vacuum all carpeted areas. iv. Carpet spot cleaning. c. Daily Interior Cleaning i. Vacuum all carpeted areas. ii. Empty trash containers. iii. Replace plastic liners. iv. Dust table tops and counters. v. Empty exterior ash trays. vi. Clean all glass doors and front/rear entry windows. vii. Wipe down doorknobs and jams including handles on appliances with sanitary wipes (as needed during flu season). d. Daily Exterior Cleaning i. Removal of trash, litter, and leaves on the exterior of building (Light & Water Administration Monday through Thursday). ii. Cleaning of exterior stairwell and loft areas. 2. Weekly service shall be once per week on the last service day of the week for the following: a. Weekly Floor Service i. Wet mop all vinyl and tile floors. ii. Spot clean where required. iii. Clean and wipe Council dais. b. Weekly Interior Cleaning i. Dust mini blinds. ii. Vacuum all cloth chairs. iii. High dust all file cabinets, doors and partitions. iv. Wash walls and doors of handprints or other visible marks. v. Clean mechanical vents. vi. Wipe and clean all windowpanes and seals. vii. Wipe and clean cabinets in break rooms. viii. Wipe down doorknobs and jams including handles on appliances with sanitary wipes. ix. Dust window blinds in all city facilities. 3. Weekly service shall be once per week on the last service day of the week for the following: a. Wash all exterior and interior windows. b. Clean all interior baseboards. c. Clean Exterior Building Railings. d. Replacement of waterless urinal cartridges. e. Carpet Steam Cleaning of all carpeted areas for facilities listed in the Facility Inventory 4. Service by Facility a. Police Department, NRC & Memorial Park Public Areas Monday Tuesday Wednesday Thursday Friday Saturday Sunday PD 2:30pm – 9:00pm 2:30pm – 9:00pm 2:30pm – 9:00pm 2:30pm – 9:00pm 8:00am – 3:00pm 8:00am – 3:00pm 8:00am – 3:00pm NRC & Memorial Park 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am i. NRC & Memorial Park - Special attention to kitchens and bathrooms as these are highly utilized areas and need thorough, deep-cleaning. ii. Police Station – 6 hours of janitorial service per day are required for this facility. Service is to commence no later than 3:30 P.M. and no earlier than 2:00 P.M. Monday-Thursday. iii. Full janitorial service: Friday to Sunday between the hours of 7 AM - 4PM iv. Once per week floor mopping of jail area. b. City Library Monday Tuesday Wednesday Thursday Friday Saturday City Library 9:00 pm – 6:00 am 9:00 pm – 6:00 am 9:00 pm – 6:00 am 9:00 pm – 6:00 am 9:00 pm – 6:00 am 9:00 pm – 6:00 am (Additional restroom cleaning) 2:00 pm – 5:00 pm 2:00 pm – 5:00 pm 2:00 pm – 5:00 pm i. Additional Restroom Service between 2PM – 5PM, Monday, Tuesday, and Wednesday c. City Hall, West Wing, City Yard, Memorial Park Admin., Auditorium Monday Tuesday Wednesday Thursday City Hall 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm West Wing 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm Memorial Park Admin 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm City Yard Admin 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm 5:30pm - 6:00pm Auditorium 5:30pm - 6:00pm 5:30pm - 6:00pm i. Full janitorial service: Monday to Thursday between the hours of 5:30PM and 6:00AM ii. Auditorium and Council Lounge to be serviced once per week on Tuesday between the hours of 5:30PM and 6:00 AM d. Durrell House, Barnes House, Woman’s Club, Northside Recreation Hub, Aquatic Center Monday Tuesday Wednesday Thursday Friday Saturday Aquatic Center 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am Northside Recreation Hub 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am i. Full janitorial service: Once per month for Durrell House, Barnes House, and Woman’s Club e. Senior Center Monday Tuesday Wednesday Thursday Friday Senior Center 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am 11:00 am – 6:00 am i. Thorough cleaning of all classrooms to include wiping down of tabletops daily and floors swept and/or vacuumed depending on flooring type. Blinds should be wiped down bi-monthly. ii. Additional restroom cleaning on an as needed basis (notice will be given when a special event is taking place). Approximately 5 times per month. This would include a thorough cleaning of the kitchen, dining room (including table tops), lobby area, restrooms, and mopping/vacuuming of all flooring areas. iii. Clean Commercial/Industrial Stove once per year. Steam clean all grease, burned patches, and particles. Shall include stove hood and sliding gates that are located above. f. Light & Water Administration Building, Light & Water Suite 2B, Electric Yard Office, Water Yard Office, & Annex Building. Monday Tuesday Wednesday Thursday Friday L & W Admin Building 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm Suite 2B 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm Electric Yard Office 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm Water Yard Office 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm Annex Building 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm 5:30pm – 6:00pm (Exterior of L&W Office) Before 8:00 am Before 8:00 am Before 8:00 am Before 8:00 am g. Water Filtration Office Monday Tuesday Wednesday Thursday Friday Water Filtration Office 5:30pm – 6:00pm Exhibit A – Janitorial Personnel Log Exhibit B – Monthly Inspection Form Exhibit C – Main Bid Document Exhibit D – Main Bid Document (Supplemental) Exhibit E - ??? APPENDIX A CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 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 of the State of California, located at 213 East Foothill Boulevard, Azusa, California 91702, (“City”) and [INSERT NAME OF COMPANY], a [INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at [INSERT ADDRESS] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance 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, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 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] maintenance 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 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 Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or 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. 3.2.6 Coordination of Services. Contractor 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. 3.2.7 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. 3.2.8 Period of Performance and Liquidated Damages. 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 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 provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or 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 $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 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. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. 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 confirming 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, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants 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, sub - subcontractors or consultants 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 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. Contractor 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. 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 Work 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: [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 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. 3.2.11.3 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 completed 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 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City of Azusa, 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 3.2.11.3(B). (C) Workers’ Compensation and Employer’s 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. 3.2.11.4 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 subconsultants. 3.2.11.5 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. 3.2.11.6 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. 3.2.11.7 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. 3.2.11.8 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 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 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 [INSERT CITY MANAGER OR CITY COUNCIL AS APPLICABLE]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to 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. [INSERT “IF” OR “SINCE” AS APPROPRIATE] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [INSERT “IF” OR “SINCE” AS APPROPRIATE] 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 General Provisions 3.5.1 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: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] CITY: City of Azusa P.O. Box 880 Azusa, CA 91711 Attn: [Insert Name & Department] 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. 3.5.2 Indemnification 3.5.2.1 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, consultants 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. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with legal counsel chosen by the City and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers or 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 part 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 attorney’s 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. 3.5.3 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. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 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. 3.5.8 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. 3.5.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 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. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 3.5.13 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. 3.5.14 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. 3.5.15 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. 3.5.16 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. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 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. 3.5.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor 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] CITY OF AZUSA [INSERT NAME OF CONTRACTOR] By: By: City Manager 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: