HomeMy WebLinkAboutE.13 - Staff Report - Slauson Pool Maintenance RFPCONSENT ITEM
E-13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
DATE: JULY 21, 2025
SUBJECT: APPROVE REQUEST FOR PROPOSALS (RFP) FOR SLAUSON POOL, LOCATED
AT 501 E. 5TH STREET, MAINTENANCE AND REPAIR
BACKGROUND:
The James Slauson Park and Azusa Aquatics Center, located at 501 E. 5th Street, first opened its doors to
the public in 1925 and later was re-constructed in 1994. Since then, it has served as a beloved
community hub during the summer months. Program offerings include Red Cross-certified “Learn to
Swim” lessons, lap swim sessions for adults, and lifeguard, CPR/AED, and first-aid certification classes.
Daytime public swim and themed “summer night” events are popular annual features drawing in
families from across the San Gabriel Valley.
Commercial Aquatics has provided satisfactory maintenance and repair services under contract since
2020. Per the City’s purchasing policy guidelines, we are in the process of releasing an RFP for Slauson
Pool maintenance and repair. This action approves the RFP.
RECOMMENDATION(S):
Staff Recommends that City Council take the following actions:
1)Approve Request for Proposal for Proposals (RFP) for Slauson Pool Maintenance and Repair.
ANALYSIS:
The Slauson Pool has been an Azusa community amenity for over 100 years. Maintenance costs have
consistently fallen below the formal bidding threshold, however, due to the need for consistency and
ongoing critical repairs, in 2020 Staff secured a vendor through an informal bidding process.
Commercial Aquatics has been providing that service satisfactorily for the past five years. Per the
purchasing policy, it is now time to release an RFP for a new vendor.
Approved
City Council
July 21, 2025
RFP Slauson Pool Maintenance and Repair
July 21, 2025
Page 2
The RFP has no changes from the last one apart from reflecting equipment upgrades. The initial contract
period will be three years and two, one-year extensions will be available. In addition to contracting for
maintenance, a blanket purchase order for repairs will be established.
FISCAL IMPACT:
There is no fiscal impact associated with the release of the RFP.
Prepared by: Reviewed and Approved:
Nikki Rosales Miki Carpenter
Senior Management Analyst Director of Community Resources
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) RFP for Pool Maintenance and Repair
45635.01000\8520199.1
CITY OF AZUSA
REQUEST FOR PROPOSALS
FOR
SWIMMING POOL MAINTENANCE AND REPAIR AT AQUATIC
FACILITIES
Submission Deadline: August 26, 2025 @ 3 p.m.
Late submissions will not be considered.
Submit Proposals To: City Clerk’s Office
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Contact: Nikki Rosales
Senior Management Analyst
City of Azusa
213 E. Foothill Blvd.,
Azusa, CA 91702
(626) 812-5261
Key Dates: RFP Release Date Monday, July 28, 2025
Mandatory Site Visit Tuesday, August 12, 2025 @ 10 AM.
Questions Due Thursday, August 14, 2025 @ 5:30 PM
Proposals Due Tuesday, August 26, 2025 @ 3 PM
CITY OF AZUSA
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that separate sealed Proposals will be accepted by the City of
Azusa City Clerk’s Office, 213 E. Foothill Blvd., Azusa CA 91702, California, phone (626) 812 -
5229 until 3:00 p.m. on August 26, 2025, at which time they will be opened and reviewed for the
provision of the following:
“CONTRACT FOR SWIMMING POOL MAINTENANCE AND REPAIR AT AQUATIC
FACILITIES”
All proposals must be sealed and clearly identify the proposer’s name and address.
The City of Azusa hereby notifies all proposers that it will affirmatively insure that in any
contract entered into pursuant to this invitation, the City will not discriminate against any
proposer on the grounds of race, color, sex, or national origin in consideration for the award.
A mandatory pre bid conference will be held on Tuesday, August 12th (10 a.m.) at the
James Slauson Community Pool located at 501 E. Fifth Avenue, Azusa, CA 91702. All persons
responding to this invitation shall be aware that their proposals 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 proposal received, and to be the sole
judge of the merits of the proposals received.
All proposers must be registered in Planet Bids. Questions may be submitted through Planet Bids
at the following link:
https://pbsystem.planetbids.com/portal/47476/portal-home
CITY OF AZUSA
DATED:
PUBLISHED:
CLOSING: August 26, 2025 at 3:00 p.m.
INSTRUCTIONS TO PROPOSERS
NOTICE TO PROPOSERS
The City of Azusa (“City”) is seeking qualified proposals from swimming pool maintenance and
repair service providers to provide swimming pool maintenance and repair services to the City’s
Aquatic Facilities. The City is seeking to select one service provider to serve the City for a three
(3) year term, which term may be renewed for two (2) additional, one (1) year terms.
The James Slauson Community Pool Aquatics Facilities are comprised of three separate pools:
Lap Pool, Slide Pool and Children’s Pool. The proposal will include twelve (12) monthly
scheduled visits in which the contractor will perform complete water testing to provide water
parameters and advise chemical dosage in order maintain proper Saturation and Ryznar Indexes.
Contractor will also provide monthly equipment room audits, provide monthly lubrication to all
pump motors, provide monthly maintenance and cleaning of all chlorine and acid injectors and
advise of any mechanical deficiencies witnessed and propose appropriate corrections. Contractor
must schedule and perform corrective actions with as little to or no disruption to aquatics
programming. All scheduled corrective actions must be cleared through the Aquatics Manager.
Contractor will also provide annual maintenance of items listed below. Proposal will include,
travel, labor and normal parts necessary to perform this work.
Contractor will also be required to perform additional quarterly services, as well as pre-season
services to be completed annually.
Water chemistry shall be maintained to provide effective sanitation and good water clarity using
chemicals efficiently, and maximize the service life of mechanical equipment, the pool
structures, and fitting.
An accurate service log book shall be maintained with maintenance records on-site. These
records shall remain the property of the City of Azusa.
Contractor shall monitor the pools and related equipment and report any hazards or problems to
the Aquatics Manager (or designated contact) immediately upon discovery.
Contractor shall advise the City of Azusa on preventive maintenance needs of the pools and
equipment, recommend equipment replacement when necessary and advise the maintenance staff
on required/needed purchases related to pool equipment.
During the term, or extended term, of the contract, the selected provider will be responsible for
performing the following general services:
Monthly Services:
• Perform water test with digital water test kit (Palintest) for accurate readings checking
pH, free chlorine and total chlorine, total alkalinity, calcium hardness, conditioner, total
dissolved solids and temperature. Advise City staff on water parameters and on chemical
dosage in order to maintain proper Saturation and Ryznar indexes.
• Calibrate chemical controllers to match water test readings, confirm proper set points,
and adjust alarm values as needed.
• Log water test readings and daily operation report for staff and health department review.
Send all reports electronically to the Parks Superintendent, Parks Supervisor and Pool
Manager.
• Manually clean sensors/probes per manufacturer’s specifications.
• Manually clean injectors per manufacturer’s specifications, or more frequently if
necessary.
• Lubricate all circulation pump motors.
• Check all chemical pumps to ensure all are properly working and adjust as needed.
• Check all chemical poly lines, hard lines and ball valves for any leaks. Clean and repair
as needed.
• Manually backwash main pool, children’s and slid pool and check that all are working
properly per manufacturer’s specifications.
• Perform equipment room audits and advise of any mechanical deficiencies witnessed and
propose appropriate corrections.
Quarterly Services:
• Chemical Pumps
➢ Replacement of chlorine pump peristaltic feed tube assemblies. (Children’s Pool
& Slide Pool)
➢ Replacement of acid pump peristaltic feed tube assemblies. (Swimming Pool,
Children’s Pool & Slide Pool)
Annual Pre-Season Maintenance (this must be scheduled a minimum of two months prior to
aquatics facilities opening date with opening date to be provided by City of Azusa staff). Please
see equipment list (Exhibit A) for detailed service requirements:
• Filtration
➢ Pre-season backwash valve preventive maintenance
➢ Pre-season media inspection
➢ Pre-season overhauling of all backwash valves
• Pool Heaters
➢ Heater disassembly to facilitate inspection and cleaning of burner tray and gas
manifolds.
➢ Clean burner trays and gas orifices.
➢ Test and set gas manifold pressure.
➢ Inspect rear header finned tube ends for proper water flow. (Lap pool)
➢ Confirm proper vent draft.
➢ Replace pilot assemblies.
➢ Test safety circuit and pressure relief valves.
➢ Lubricate booster pump bearing assembly. (Lap Pool)
• Chemical Pumps
➢ Replacement of discharge tubing.
➢ Wet-end rebuild utilizing Repair Parts Maintenance Kits (Swimming Pool)
➢ Rebuild of CO2 solenoid valves within CO2-9 (all pools)
• Chemical Controllers
➢ Cleaning of the pH and ORP sensors on all three chemical controllers.
➢ Perform 2 point calibrations of the pH and ORP sensors on all three chemical
controllers.
➢ Perform full spectrum water analysis on all three bodies of water.
On Call Emergency Repairs:
• Contractor will be on call for emergency call outs and must respond within two (2) hours
of such call. Hours for emergency repair rate are 5 p.m. to 7 a.m., Monday through
Friday.
Contractor must provide a twelve (12) month schedule for all maintenance visits and must
provide notice to the Parks Division – Park Superintendent or Parks Supervisor a minimum of
one week’s notice regarding any changes to the 12 Month Service Calendar.
The above list is not exhaustive but is intended to give the proposer a general sense of the
anticipated services to be provided during the term, or extended term of the contract.
The proposers shall be ranked from the top to bottom in accordance with the points each
proposer receives, according to the City’s selection criteria. The proposers with the highest
points shall be recommended for the contract. Points will be awarded as follows:
Cost 25 points
Capacity to do the work 25 points
Familiarity with work 25 points
Qualifications/certifications 25 points
The City Council shall decide in its sole and absolute discretion whether to enter into a pool
maintenance and repair services contract at all, even if there are one or more qualified proposers.
The City shall have the sole and absolute discretion to determine whether it will subsequently
seek future proposals for pool maintenance and repair services.
The City may automatically disqualify any proposal that does not meet the terms and conditions
set forth in these “instructions to proposers.”
CONTRACT TERMS AND CONDITIONS
Contractor must provide all necessary equipment, tools, labor and material to complete requested
services. It is the responsibility of the Contractor to verify all listed equipment to be serviced.
In awarding any pool maintenance and repair services contract, the selected proposer must agree
to enter into a Maintenance Services Agreement (Exhibit C) 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 proposals; (2) waive minor irregularities; or
(3) disqualify any proposal that contains false or misleading information.
LICENSES, PERMITS AND LAND USE APPROVALS
The selected proposer must comply with all City, County and State standards and must, at the
time it makes a proposal to the City and throughout the time that the proposer 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 proposer shall identify in its
proposal the location from which it will provide services to the City. The proposer must have, at
the time it submits its proposal, the right to lawfully operate the business from that location.
PROPOSER’S QUALIFICATIONS
The City will only accept proposals from “qualified” proposers. To be “qualified,” a proposer
must demonstrate that he or she possesses the following minimum qualifications:
• All service technicians who perform maintenance on the Aquatic Facilities must
have current Los Angeles County Health Department Swimming Pool Service
Technician, CPO certification, and a licensed contractor C53 for any major
repairs.
Any proposal shall contain written, signed answers, documents and/or any relevant information
to demonstrate that the proposer(s) possess the minimum qualifications to carry out the contract.
Proposers may also provide written, signed answers and/or relevant documents and information
to demonstrate that they possess the additional qualifications listed above, as well as any other
qualifications or abilities proposer(s) believe will assist in performing the duties specified in this
request.
In addition, proposer(s) shall provide, in writing, the fees they intend to charge for pool
maintenance and repair services.
Said answers, information and documents shall be mailed in a sealed envelope as set forth in this
request.
No person may withdraw his proposal for a period of ninety (90) days after the time set for
opening thereof.
INSURANCE
Prior to the commencement of the pool maintenance and repair services, the selected proposer
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) 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.
(2) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
The City of Azusa must be listed as additional insured. Said policy or policies shall be endorsed
to state that coverage shall not 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 proposer shall give to the City prompt and timely notice of any claim made or
suit instituted arising out of the selected proposer’s operation hereunder.
EXHIBIT A
EQUIPMENT INVENTORY AND REQUIREMENTS
(equipment subject to change, maintenance requirements will remain the same)
1 - RAYPAK, P-2004A
1 - RAYPAK, C-R407A-EN-X
1 - RAYPAK, MVB P-754A
1 - EPD501 5-Tank Filtration System (Main Pool)
2 - EPD501 1-Tank Filtration Systems (Children’s Pool, Slide Pool)
8 - EPD Backwash Valves
1 - LMI M131-11S Chlorine Metering Pump
2 - Stenner 45M5 Chemical Metering Pump for chlorine delivery
3 – Concept Acid Feed Pumps
3 CO2 Solenoid Valve Rebuild
RAYPAK P-2004A (MAIN POOL) ANNUAL PRE-SEASON PM SERVICE
-Disassemble heater to inspect and clean upper cabinet and fan assemblies.
-De-soot and/or clean heat exchanger and inspect for any irregularities.
-Test flame failure detection system and pilot turndown.
-Test high limit and operating temperature.
-Replace flame sensor.
-Replace LWCO board.
-Conduct a combustion test at full fire.
-Check valve coil for 60 cycle hum and check for leaks at all valve fittings.
-Perform leakage test on gas valves.
-Inspect and clean burner.
-Check sediment trap and gas strainers.
-Check flame failure detection system.
-Replace igniter.
-Check flame signal strength, firing rate control and manifold.
-Pressure Test safety/safety relief valves.
-Replace filters.
-Test and set inlet water temperature and delta temperature.
-Restore heater to normal operations.
RAYPAK C-R407A-EN-X (CHILDREN’S POOL) ANNUAL PRE-SEASON PM SERVICE
-Disassemble heater to inspect and clean upper cabinet and fan assemblies.
-De-soot and/or clean heat exchanger and inspect for any irregularities.
-Test flame failure detection system and pilot turndown.
-Test high limit and operating temperature.
-Replace flame sensor.
-Replace LWCO board.
-Conduct a combustion test at full fire.
-Check valve coil for 60 cycle hum and check for leaks at all valve fittings.
-Perform leakage test on gas valves.
-Inspect and clean burner.
-Check sediment trap and gas strainers.
-Check flame failure detection system.
-Replace igniter.
-Check flame signal strength, firing rate control and manifold.
-Pressure Test safety/safety relief valves.
-Replace filters.
-Test and set inlet water temperature and delta temperature.
-Restore heater to normal operations.
RAYPAK MVB P-754A (SLIDE POOL) ANNUAL PRE-SEASON PM SERVICE
-Isolate electrical, water and gas flow to heater.
-Remove front door of heater.
-Remove burner tray.
-Remove burners, wire brush, remove soot, power air dry.
-Brush heat exchanger, power vacuum fins clean.
-Remove and replace pilot assembly.
-Test and adjust gas valves.
-Clean, test and adjust blowers.
-Wipe down heater shell to remove surface dust.
-Restore normal operations and verify safe and efficient operations.
EPD 5 Tank Filtration System (MAIN POOL) ANNUAL PRE-SEASON PM SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Drain water from filter tanks to remove manway covers and inspect filter bodies.
-Perform media inspection and confirm no channeling or voids within media bed.
-Supply new manway gasket and install cleaned manway cover.
-Restore power to restart circulation and perform filter backwash.
-Inspect backwash valves to ensure there are no cracks or leaks.
-Confirm flow rate satisfies health department requirements for proper turnover.
EPD 1 TANK FILTRATION SYSTEM (CHILD’S POOL) ANNUAL PRE-SEASON PM
SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Drain water from filter tanks to remove manway covers and inspect filter bodies.
-Perform media inspection and confirm no channeling or voids within media bed.
-Supply new manway gasket and install cleaned manway cover.
-Restore power to restart circulation and perform filter backwash.
-Inspect backwash valves to ensure there are no cracks or leaks.
-Confirm flow rate satisfies health department requirements for proper turnover.
EPD 1 TANK FILTRATION SYSTEM (SLIDE POOL) ANNUAL PRE-SEASON PM
SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Drain water from filter tanks to remove manway covers and inspect filter bodies.
-Perform media inspection and confirm no channeling or voids within media bed.
-Supply new manway gasket and install cleaned manway cover.
-Restore power to restart circulation and perform filter backwash.
-Inspect backwash valves to ensure there are no cracks or leaks.
-Confirm flow rate satisfies health department requirements for proper turnover.
EPD BACKWASH VALVE SERVICE (5 VALVES MAIN POOL) ANNUAL PRE-SEASON
PM SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Remove Victaulic clamps and slide Victaulic gaskets off sealing point.
-Remove backwash valve from circulation and disassemble.
-Inspect and rebuild valve with new diaphragms, seals, and o-rings.
-Install three (3) new grooved pipe seals onto each backwash valve.
-Place valve back onto filter and connect to circulation.
-Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve.
-Restore power to restart circulation and confirm leak free operation.
-Perform backwash to verify cleaning of the filters and a differential pressure drop.
EPD BACKWASH VALVE SERVICE (1 VALVE CHILD’S POOL) ANNUAL PRE-SEASON
PM SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Remove Victaulic clamps and slide Victaulic gaskets off sealing point.
-Remove backwash valve from circulation and disassemble.
-Inspect and rebuild valve with new diaphragms, seals, and o-rings.
-Install three (3) new grooved pipe seals onto each backwash valve.
-Place valve back onto filter and connect to circulation.
-Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve.
-Restore power to restart circulation and confirm leak free operation.
-Perform backwash to verify cleaning of the filters and a differential pressure drop.
EPD BACKWASH VALVE SERVICE (1 VALVE SLIDE POOL) ANNUAL PRE-SEASON
PM SERVICE
-Shut off circulation and isolate power from main breaker panel.
-Remove Victaulic clamps and slide Victaulic gaskets off sealing point.
-Remove backwash valve from circulation and disassemble.
-Inspect and rebuild valve with new diaphragms, seals, and o-rings.
-Install three (3) new grooved pipe seals onto each backwash valve.
-Place valve back onto filter and connect to circulation.
-Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve.
-Restore power to restart circulation and confirm leak free operation.
-Perform backwash to verify cleaning of the filters and a differential pressure drop.
CHLORINE CHEMICAL METERING PUMPS & STRANTROL CO2 SOLENOID VALVE:
ANNUAL REBUILD AND REPLACEMENT (METERING PUMP FOR CHLORINE
DELIVERY IN MAIN POOL) LMI M131-11S METERING PUMP ANNUAL PRE-SEASON
PM SERVICE
-Shut off chemical metering pumps and remove from supply.
-Disassemble pump wet ends to rebuild with EMEC rebuild kit.
-Replace diaphragm, o-rings, seals and check valves to reassemble pump head.
-Remove chemical suction and discharge tubing.
-Clean injector and connect to new tubing with new fittings.
-Restore power to restart pumps and confirm pump priming and proper operation.
STENNER 45M5 CHLORINE FEED PUMP ANNUAL PRE-SEASON PM SERVICE
(CHILDREN’S AND SLIDE POOL – 2 PUMPS TOTAL)
-Shut off chemical metering pumps and remove from supply.
-Disassemble pump wet ends to rebuild with EMEC rebuild kit.
-Replace diaphragm, o-rings, seals and check valves to reassemble pump head.
-Remove chemical suction and discharge tubing.
-Clean injector and connect to new tubing with new fittings.
-Restore power to restart pumps and confirm pump priming and proper operation.
CONCEPT ACID FEED PUMPS ANNUAL PRE-SEASON PM SERVICE (ALL POOLS – 3
PUMPS TOTAL)
-Shut off chemical metering pumps and remove from supply.
-Disassemble pump wet ends to rebuild with EMEC rebuild kit.
-Replace diaphragm, o-rings, seals and check valves to reassemble pump head.
-Remove chemical suction and discharge tubing.
-Clean injector and connect to new tubing with new fittings.
-Restore power to restart pumps and confirm pump priming and proper operation.
STRANTROL CO2 SOLENOID VALVE REBUILD/REPLACEMENT
WK-113-00001 MINI SOLENOID VALVE REBUILD, PHMTS
Equipment Description
Main Swimming Pool Equipment:
• EPD501 automatic filtration system with microprocessor and pressure amplification
system
• Strantrol 3i chemical controller
• LMI M131-11S chlorine metering pump + Prominet Concept Plus Acid Pump
• Strantrol CO2-9 CO2 feed system
• Raypak MVB—H7-2004
Children’s Pool Equipment:
• EPD501 automatic filtration system with microprocessor and pressure amplification
system
• Strantrol Setpoint chemical controller
• Stenner 45M5 chlorine metering pump + Prominet Concept Plus Acid Pump
• Strantrol CO2-9 CO2 feed system
• Raypak MVB –P-754A
Slide Pool Equipment:
• EPD501 automatic filtration system with microprocessor and pressure amplification
system
• Strantrol Setpoint nx Chemical Controller
• Stenner 45M5 chlorine metering pump + Prominet Concept Plus Acid Pump
• Strantrol CO2-9 CO2 feed system
• Raypak 407 AL
EXHIBIT B
CITY OF AZUSA
PROPOSAL RESPONSE FORM
FOR
SLAUSON POOL AQUATICS FACILITIES MAINTENANCE AND REPAIR
SERVICES
Proposers are required to complete all required pages and return one (1) proposal packet in a
sealed envelope, plainly marked on the outside “AQUATICS FACILITIES POOL
MAINTENANCE AND REPAIR SERVICES,” to the City Clerk’s Office, 213 E. Foothill Blvd.,
Azusa, California 91702, by no later than 3:00 p.m. on August 26, 2025.
A complete proposal should contain:
1. Biography of the organization (include number of employees, number of current clients,
familiarity with work).
2. Listing of current clients.
3. Client references.
4. Include copies of qualifications/certifications.
5. Proposal of all fees for services (bid form).
All proposals, as well as any modifications, received at the City after the hour and date specified
above, will not be accepted. Postmarks and faxes not accepted. All proposals will become the
property of the City of Azusa and will not be returned.
The proposal shall be signed by an officer or officers authorized to execute legal documents on
behalf of the Contractor and shall contain a statement to the effect that the proposal is a firm
offer for a 90-day period.
Name of Company:
Contact Person:
Mailing Address:
Phone:
E-mail:
Website:
Monthly Service Rate: x 12 =
Quarterly Service Rate: x4 =
Pre-Season Annual Service Rate: =
Total Annual Service =
Per hour rate for repair work: =
Per hour rate for repair work (emergency): =
Authorized Signature:
Print Name Title
Proposer acknowledges by signature and agrees to be bound by the terms and conditions set forth
in the proposal documents. Failure to comply with the aforementioned may result in
disqualification of the proposal. The above-signed agrees to provide a service to the City of
Azusa for AQUATICS FACILITIES MAINTENANCE AND REPAIR SERVICES with the
conditions set forth in the attached documents in detail without exceptions other than by mutual
agreement.
EXHIBIT C
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 [UNDER $10,000]
OR Mayor [OVER $10,000]
Name:
Attest:
Title:
Jeffrey L. Cornejo, Jr.
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:
45635.01000\8520199.1 A-1
EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
[INSERT SCOPE]
45635.01000\8520199.1 B-1
EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
[INSERT SCHEDULE]
45635.01000\8520199.1 C-1
EXHIBIT “C”
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
45635.01000\8520199.1 C-2
[***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***]