Exhbit 1 - NIB 23-020AS — Corona City Council, March 1, 2023

NIB No. 23-020AS Section I. “Advertising Notice”, Page 1 of 2 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation December 8, 2022
SUBJECT: NOTICE INVITING BIDS (NIB) NO. 23-020AS
The City of Corona Utilities Department (City) invites qualified bids for:

ACTUATED VALVE ON CALL AND ON SITE

PREVENTATIVE MAINTENANCE, REPAIR AND ASSET REGISTER CREATION Parties interested in obtaining a copy of this NIB No. 23-020AS may do so by registering with PlanetBids as a City of Corona vendor by visiting the PlanetBids Vendor Portal:
https://www. planetbids. com/portal/portal. cfm?CompanyID=39497. Registered vendors can download a copy of this NIB No. 23-020AS and supporting documents at no cost and receive addenda and other notifications when issued.

Closing: Bids shall be submitted electronically before 2:00 p.m., January 10, 2023 through the PlanetBids Vendor Portal. It is Bidder’s responsibility to allow sufficient time to complete and upload its bid, including all documentation required by this NIB, prior to the stated deadline.

Electronic submission cannot be completed unless Bidder properly uploads all required documents.

The City will only consider electronic bids that have been transmitted successfully and issued a time stamped confirmation number from PlanetBids indicating the bid was successfully transmitted. Transmission of bids by any other means will not be accepted. Bidders are solely responsible for informing themselves with respect to proper usage of the PlanetBids online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the reliability of their internet service. Failure of Bidder to successfully transmit an electronic bid shall be at Bidder’s sole risk and no relief will not be given for late or improperly submitted bids.

Bidders experiencing technical difficulties with the bid transmission process should contact PlanetBids Support at (818) 992-1771. Bidders that continue to experience difficulty with the PlanetBids system should contact the City of Corona Purchasing Division at (951) 736-2274.

Neither the City nor PlanetBids make any guarantees or assurances as to the timely availability of assistance or resolution of any given issue prior to the bid submission date and time.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: C-61 - Limited Specialty Classification/D-64 - Non-specialized, or C61 - Limited Specialty Classification/D-21 - Machinery and Pumps, or A - General Engineering Contractor.

NIB No. 23-020AS Section I. “Advertising Notice”, Page 2 of 2 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation The work is subject to the payment of not less than prevailing wages pursuant to Chapter 1 (beginning at Section 1720 et seq. ) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”).

The Director of the Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Agreement which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request from the City or online at http://www. dir. ca. gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site.

Pursuant to SB 854, which amended the Prevailing Wage Laws, this contract subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions no contractor or subcontractor may be listed on a bid proposal for this contract unless registered with the DIR pursuant to Labor Code section 1725. 5. Beginning April 1, 2015, no contractor or subcontractor may be awarded a contract unless registered with the DIR pursuant to Labor Code section 1725. 5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non-responsive. It is each bidder’s responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

The successful bidder and all subcontractor(s) under him, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor, the payment of overtime, and the debarment of contractors and subcontractors. The successful bidder and all subcontractor(s) under him shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws.

The successful bidder will be required to furnish the City with a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Agreement. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Civil Code of Procedure Section 995.120 and is admitted by the State of California.

Award of Contract: The City shall award the Contract to the lowest responsive, responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

Issuance of this NIB and/or receipt of bids does not commit City to award a contract.

Signed,
Annette Solorio
Purchasing Specialist II
City of Corona | Finance Department
400 S. Vicentia Ave., Suite 320 | Corona, CA 92882
Phone: 951-739-4932 | Email: [email protected] Website: www.coronaca. gov
NIB No. 23-020AS Section I. “Invitation”, Page 1 of 2
Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation December 8, 2022
SUBJECT: NOTICE INVITING BIDS (NIB) No. 23-020AS

SECTION I

INVITATION
The City of Corona Utilities Department (City) invites qualified bids for:

ACTUATED VALVE ON CALL AND ON SITE

PREVENTATIVE MAINTENANCE, REPAIR AND ASSET REGISTER CREATION Please read this entire NIB package and include all requested information and forms in your bid proposal. Bids must be signed by an authorized agent of the company submitting a bid in order to be considered responsive.

CITY INSURANCE REQUIREMENTS HAVE BEEN UPDATED.

REFERENCE INSURANCE REQUIREMENTS ACKNOWLEDGMENT FORM

IN SECTION V AND FORM OF AGREEMENT SAMPLE IN SECTION VI, SUBSECTION 3. 2. 10 INSURANCE, ET SEQ.

Tentative NIB Schedule
(Subject to change at City’s discretion)

1. Issue NIB .......................................................................................................December 8, 2022

2. Advertise in Sentinel Weekly ........................................................................December 9, 2022

3. Written Questions from Contractor Due..................................December 19, 2022 at 5:00 p.m.

4. Responses from City Due ............................................................................December 28, 2022

5. Bids Due (Date & Time) .............................................................January 10, 2023 at 2:00 p.m.

6. Bid Evaluation Completed...............................................................................January 17, 2023

7. Contractor Selection.........................................................................................January 17, 2023

8. City Council Approval & Contract Award .................................................... February 15, 2023

9. Notice to Proceed.................................................................................................March 1, 2023 NIB No. 23-020AS Section I. “Invitation”, Page 2 of 2
Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Table of Contents
SECTION I ........................................................................................................................Invitation SECTION II..................................................................................................Instructions to Bidders SECTION III.....................................................................Technical Specifications/Scope of Work SECTION IV ...............................................................................................Bid Content and Forms SECTION V.......................................................................................................... Bid / Price Forms SECTION VI ..................................................................................... Form of Agreement (Sample)

APPENDICES
APPENDIX A.......................................................................................................Facility Locations NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 1 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation SECTION II.

INSTRUCTIONS TO BIDDERS
A. Pre-Bid Meeting

NOT APPLICABLE
B. Examination of Bid Documents
Bidder shall read this entire NIB package and submit all requested information and forms with their bid. By submitting a bid, Bidders represent they have thoroughly examined and become familiar with the work required under this NIB, have reviewed the project location, specifications and understand the project objectives and are capable of performing quality work to achieve the City’s objectives.

Before submitting bids, Bidders must fully inform themselves of the conditions, requirements and specifications of the work or materials to be furnished. Failure to do so will be at Bidders’ sole risk and Bidder cannot secure relief on the plea of error.

C. Addenda
Substantive City changes to the requirements will be made by written addendum. Any written addenda issued pertaining to this NIB shall be incorporated into the terms and conditions of any resulting Purchase Order and/or Agreement. Copies of all Addenda will be furnished through the City’s electronic bidding system, PlanetBids, no later than 72 hours prior to the Bid Due Date and Time. Bidders shall access any and all Addenda from the electronic bidding system’s Addenda & Email tab for this NIB.

All registered vendors with a status of either bidder or non-bidder that have downloaded a copy of this NIB and supporting documents will be notified by a system generated email from PlanetBids when an Addendum has been issued. It is the sole responsibility of bidders to ensure they have received all addenda prior to submitting a bid. To this end, each bidder should contact the City’s Purchasing Division prior to the bid proposal due date to verify receipt of all Addenda issued. Bidders shall acknowledge receipt of all Addenda when submitting their electronic bids.

D. Clarifications

1. Examination of Documents
Should a bidder require clarifications to this NIB, bidder shall notify the City in writing in accordance with Section D. 2 below. Should it be found that the point in question is not clearly and fully set forth in the NIB, the City shall issue a written addendum clarifying the matter.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 2 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

2. Submitting Requests
Bidders shall submit all questions, clarifications or comments through the City’s PlanetBids electronic bidding system:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39497 utilizing the Questions & Answers tab. Bidder questions must be submitted no later than 5:00 p.m., December 19, 2022. Please note the City’s electronic bidding system will not allow inquiries to be submitted after this date and time.

3. City Responses
a. Responses from the City will be communicated in writing by way of addendum in accordance with Section C above. The City shall not be bound to any modifications to or deviations from the requirements set forth in this NIB as the result of any oral instruction.
b. The Tentative Schedule may change at any time. Any and all changes to the Tentative Schedule will be made by way of addendum. If an Addendum is issued less than 72 hours before the bid due date and time, the bid due date will be extended.

E. Bid Submission

1. Date and Time
All bids shall be submitted no later than 2:00 p.m, January 10, 2023.

2. Electronic Submission
Bids shall be submitted electronically using the City’s PlanetBids Vendor Portal. The City’s electronic bidding system will not allow bids to be submitted after the due date and time. It is the Bidder’s responsibility to allow sufficient time to complete and submit their bid, including all documentation required by this NIB, prior to the stated deadline. Electronic submission cannot be completed unless Bidder properly uploads all required documents. Only electronic bids will be accepted; hard copy bids will be rejected as nonresponsive and returned unopened without exception.

3. Bid Submittal Check List
Bidder must upload the following documents and forms to the electronic bidding system:
a. Bid/Price Form
b. Non-Collusion Declaration
c. Acknowledgment of Terms and Conditions of the City’s Maintenance/General Services Agreement
d. Acknowledgment of Insurance Requirements Check Sheet e. Insurance Requirements Check List
f. Statement of Past Contract Disqualifications
NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 3 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation g. Industrial Safety Record
h. Acknowledgment of Vendor Performance Evaluation Form i. Information Required of Bidders Form
j. Designation of Subcontractors Form
k. Experience Statement
l. Contractor’s Certificate Regarding Workers’ Compensation m. Local Bidder Preference Program Statement (if applicable)

4. Acceptance of Bids
The City may, in its sole discretion:
a. Accept or reject any or all bids and to waive any informality or irregularity in any bid or the bidding process;
b. Withdraw this NIB at any time without prior notice, and the City makes no representations that any contract will be awarded to any bidder responding to this NIB; or
c. Elect to postpone the bid opening for its own convenience.

F. Bid Withdrawal
Electronic bids may be withdrawn by Bidder prior to the date and time set forth in Section E. 1 above. After that time, Bidders may not withdraw their bids for a period of ninety (90) days from the Bid Submittal Deadline. At no time may the successful Bidder withdraw its bid.

G. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the bidder in:

1. Preparing its bid in response to this NIB;

2. Submitting a bid to City;

3. Negotiating with City on any matter related to the bid; or

4. Any other expenses incurred by Bidder prior to date of award, if any.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid.

H. Contract Award
Issuance of this NIB and receipt of bids does not commit the City to award a contract. After all bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the Contract.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 4 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation The apparent successful Bidder should begin to prepare the following documents: (1) the required insurance certificates and endorsements; (2) the Payment (Labor and Materials) Bond when required by law or this bid package. Once the City notifies the Bidder of the award, the Bidder will have 10 consecutive calendar days from the date of this notification to execute the agreement and supply the City with all of the required documents and certifications. Regardless of whether or not the Bidder supplies the required documents and certifications in a timely manner, the contract time may begin to run 10 calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

I. Contract Term
The contract term shall be effective on or about February 15, 2023 through June 30, 2025 with one (1) additional optional 3-year renewal period, on an as-needed basis, with no guaranteed usage for Actuated Valve On Call And On-Site Preventative Maintenance, Repair And Asset Register Creation services. Bid prices shall remain effective and in force for the entire first contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent purchase order periods, if exercised by the City, are as follows:
• Option 1, if exercised, shall be effective July 1, 2025 through June 30, 2028 Option year pricing shall be negotiated by the Parties prior to commencement of each additional fiscal year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

J. Filing of Bid Protests
Bidders may file a “protest” of a Bid with the City’s Purchasing Manager. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 5 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor. The protestor may then appeal the decision of the Purchasing Manager to the Capital Improvement Projects Manager.

K. Acceptance of Order
The successful bidder will be required to accept a Purchase Order and execute a written Agreement if a Form of Agreement is included in this NIB (see Section VI, Form of Agreement) in accordance with and including as a part thereof this NIB, including all requirements, conditions, and specifications contained herein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement. The successful bidder shall be bound to accept all NIB requirements and terms and conditions of the Form of Agreement.

L. City of Corona Business License
The successful contractor and any subcontractors are required to obtain a City of Corona Business License prior to contract award and to maintain the license for the entire term of the Agreement. The Business License is not a prerequisite for submission of a bid. Inquiries regarding the City Business License may be answered by calling 951-736-2275 or by visiting the City’s website:
https://www.coronaca.gov/government/departments-divisions/finance/business-licenseinfo.

M. Force Majeure
If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the successful Bidder, the successful Bidder shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather.

N. Insurance Requirements
Within ten (10) consecutive calendar days after the notice of award, the successful bidder to whom a contract is awarded shall furnish the City, through its third-party insurance partner, Exigis, with certificates of insurance and endorsements evidencing coverage as specified in Section VI, Form of Agreement, Section 3.2.10 Insurance, et seq. and naming the City of Corona, its directors, officials, employees, volunteers and agents as additional insureds by written endorsement. Failure to do so may, in the sole discretion of the City, result in the forfeiture of the Contract Award.

Bidders are encouraged to have their insurance provider(s) review the insurance requirements, pursuant to Section VI. Form of Agreement, subsection 3.2.10 Insurance, et seq prior to bid submission to ensure the minimum coverage limits, endorsements and other requirements can be met.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 6 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Bidders shall review, complete and sign the Acknowledgment of Insurance Requirements Check Sheet included in Section IV. and return with their bid. Any exceptions or deviations to the City’s insurance requirements must be submitted to the City during the Questions and Answers period.

O. Laws Governing Contract
This contract shall be in accordance with the laws of the state of California. The parties stipulate that this contract was entered into in the county of Riverside, in state of California.

The parties further stipulate that the county of Riverside, California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

P. Primary Bidder
No person, organization, or corporation is allowed to make, submit, or be interested in more than one bid unless in a sub-contractual relationship with respect to the bid. A person, organization or corporation submitting sub-proposals or quoting prices on materials to Bidders is prevented from submitting a bid to the City as a primary Bidder.

Q. Prevailing Wage
Refer to Section VI, Form of Agreement, Section 3.3.5 for Prevailing Wage requirements.

R. SB854 Notice Requirements
This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5.

The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in Bidder’s bid being rejected as non-responsive. It is each contractor’s responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

S. Apprenticeable Crafts:

If the work is being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Bidder shall comply with the provisions of Section 1777. 5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Bidder employs workmen in an NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 7 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Bidder.

Within 10 days of award or no later than receipt of the Notice to Proceed, Bidder shall submit a copy of the completed Division of Apprenticeship Standards Public Works Contract Award – DAS 140 form to the City. Bidder shall submit copies of completed Division of Apprenticeship Standards Requests for Dispatch of an Apprentice – DAS 142 forms with the progress payment request immediately following submission to the appropriate Apprenticeship Committee in the craft or trade of the public work.

T. Labor Compliance/Certified Payroll Records:

In accordance with California Prevailing Wage Laws, the successful Bidder shall keep accurate payroll records. The payroll records shall show the name, address, social security number, work classification, straight time and overtime hours worked, and actual wages paid to each applicable worker employed by CONTRACTOR in connection with the work.

The payroll records shall be certified and made available for inspection at all reasonable hours in accordance with the California Prevailing Wage Laws.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (DLSE) of the DIR or shall contain the same information as the forms provided by the DSLE. The record of wages paid shall be certified by the successful Bidder and submitted with each progress payment request. The successful Bidder shall redact the street address and all but the last four digits in the employee’s social security number prior to submitting the certified payroll records to the City.

U. Payment (Labor and Materials Bond) Requirements)
Within ten (10) consecutive calendar days after the notice of award, the bidder to whom a contract is awarded shall deliver to the City a Payment (Labor and Materials) Bond in the form supplied by the City and included in the NIB documents. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California and satisfactory to the City.

The Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price. The City does not require original, embossed corporate seals on any bonds.

However, the City reserves the right at any time to demand an original bond with an embossed corporate seal, and contractor shall supply such bond within seven (7) calendar days of any such request.

V. Safety Requirements/Violations
Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, bidders must not have committed any serious violations within the last two (2) years or any willful violations within the last five (5) years of federal or state OSHA regulations. Bidders must identify the number of OSHA violations on the INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a bid as nonresponsive. We strongly encourage full disclosure since failure to identify all violations on the INDUSTRIAL SAFETY RECORD form may result in rejection of the bid as nonresponsive or the bidder as non-responsible following a hearing. A citation properly NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 8 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the bidder, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the bid as non-responsive.

W. Local Bidder Preference Program
This bid shall be subject to the City of Corona local bidder preference program. To qualify, bidders must be a “local business” with: (i) fixed facilities with one or more employees, which may include a sole proprietor, located at an address within City limits (a post office box alone is insufficient); and (ii) an appropriate City business license/permit. Bidders seeking to qualify for this local program shall provide supporting information and certify in writing that they meet the above requirements as part of the bid submittal.

A qualifying local business shall be entitled to a reduction of five percent (5%) in the tabulation of its bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law.

The Local Program shall be applicable to only purchases of materials, supplies, and equipment as well as contracts for maintenance work and other general services projects, which are competitively bid and which involve an expenditure of two-hundred thousand dollars ($200,000) or less. For recurring purchases, the Local Program shall be applicable only to the City’s first two-hundred thousand dollars ($200,000) worth of such purchases for any fiscal year, as determined by city staff in its sole discretion.

The Local Program shall also establish a preference for the purchase of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of more than two-hundred thousand dollars ($200,000). Such preference shall allow the City to take into consideration the net sales tax to be returned to the City as a result of an award to a qualifying Local Business in determining the lowest responsive and responsible bidder.

The net sales tax shall be calculated based on the applicable bid price provided by the bidder in accordance with the City’s purchasing policy.

X. Vendor Performance
It is the intent of the City to create a long-term working partnership with the supplier. The City’s representative will complete a Vendor Performance Evaluation Form on a periodic basis. An example of this type of form is included in Section IV and will be the basis for periodic assessments by the City to establish contract performance metrics.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 9 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Y. Public Records
Responses (bids) to this NIB and the documents constituting any contract entered into thereafter become the exclusive property of the City and shall be subject to the California Public Records Act (Government Code Section 6250 et seq. ). The City’s use and disclosure of its records are governed by this Act.

Those elements in each bid which Bidder considers to be trade secrets, as that term is defined in Civil Code Section 3426. 1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by Bidder. The City will use its best efforts to inform Bidder of any request for disclosure of any such document. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation; those so marked if disclosure is deemed to be required by law or by an order of the Court.

In the event of litigation concerning disclosure of information Bidder considers exempt from disclosure, the City will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If the City is required to defend an action arising out of a Public Records Act request for any of the contents of Bidder’s bid marked “Confidential”, “Proprietary”, or “Trade Secret”, Bidder shall defend and indemnify the City from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act.

To insure confidentiality, Bidders are instructed to upload separate files for all “Confidential,” “Proprietary,” or “Trade Secret” data when submitting their bid documents. The file names shall include the words “Confidential”, “Proprietary” or “Trade Secret". Because bid documents are available for review by any person after award of a contract resulting from a NIB, the City shall not in any way be held responsible for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are not uploaded as separate files and include “Confidential”, “Proprietary” or “Trade Secret" as part of the file name.

Z. Special Provisions for Services

1. Accessibility. Contractor shall fully inform himself regarding any peculiarities and limitations of the spaces available for the performance of work under this contract.

Contractor shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible.

2. Authority of the City of Corona. Subject to the power and authority of the City as provided by law in this contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. The City shall decide questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

3. Changes in Work. The City may, at any time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 10 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation or make such other changes as the City may find necessary or desirable. Contractor shall not claim forfeiture of contract by reasons of such changes by the City. Changes in work and the amount of compensation to be paid to Contractor for any extra work as so ordered shall be determined in accordance with the unit prices quoted.

4. Clean-up. During performance and upon completion of work on this project, Contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave entire area in a neat, clean and acceptable condition as approved by the City.

5. Compliance With OSHA. Contractor agrees that all item(s) offered comply with all applicable Federal and the State Occupational Safety and Health Act, laws, standards and regulations, and that Contractor will indemnify and hold the City harmless for any failure to so conform.

6. Contract Incorporation. This contract embodies the entire contract between the City and the successful Bidder. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The complete contract shall include the entire contents of the NIB, all addenda, Bidder’s bid, supplemental agreements, change orders, labor and materials bond, payment and performance bond, and any and all written agreements which alter, amend or extend the contract.

7. Cooperation Between Contractors. The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications.

When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project.

8. Coordination With Agencies. Contractor shall coordinate his activities with the proper regulatory agencies and have their representative on site at the proper times.

9. Damage. Contractor shall be held responsible for any breakage, loss of the City’s equipment or supplies through Contractor’s or his employees’ negligence while working on City’s premises. Contractor shall be responsible for restoring or replacing any equipment, facilities, etc., so damaged. Contractor shall immediately report to the City any damages to the premises resulting from services performed under this contract.

Failure or refusal to restore or replace such damaged property will be a breach of this contract.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 11 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

10. Examination of Specifications and Site. Contractor is expected to carefully examine the site of the proposed work and all NIB specifications, drawings, documents, and forms. Contractor shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the technical specifications.

11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed.

Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City.

12. Measurements. It is the responsibility of the Contractor to make all measurements to determine his bid price. The City will not be responsible for determining the quantities of materials necessary to complete the work specified.

13. Permits. Unless otherwise specified herein, Contractor shall at his expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract.

Contractor shall pay all taxes, levies, duties and assessments of every nature due in connection with any work under the contract, shall make any and all payroll deductions required by law, and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments and deductions.

14. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by Contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

15. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed.

16. Subcontractors.
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

NIB No. 23-020AS Section II. “Instructions to Bidders”, Page 12 of 12 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation b. City reserves the right to approve all subcontractors. City’s approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

17. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract, Contractor immediately bring it to the attention of the City.

Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavement, inlet/outlet piping, overflow/bypass structures, fencing, access roads, utilities and other adjoining property and structures, etc., and avoid damage thereto.

Contractor shall immediately replace or repair any damage caused by the Work operations.

Contractor shall take care to prevent disturbing or covering any survey markers, monuments or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 1 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation SECTION III.

TECHNICAL SPECIFICATIONS/SCOPE OF WORK
A. PROJECT DESCRIPTION
The City has approximately three hundred (300) electronic and air actuated valves Citywide. Actuators and valves are located at a variety of facilities and in various process environments including drinking water, reclaimed water and sewer (See Appendix A – Facility Locations). The City is adopting a Planned Preventative Maintenance Program in anticipation of avoiding unscheduled or unplanned shut downs due to failure creating a crisis management situation.

The actuators are on valves which vary in size from 4” to 36”, types include ball, plug, non-rising stem, rising stem, globe, butterfly, needle and pressure relief valves (both air and water). This scope of work is to inspect and test all actuator functions for air actuated valves, motor actuated valves (MOV) and mechanical gearboxes. Actuators are operating with 24-volt, 120-volt and 480-volt electrical power sources. Actuator manufacturers currently in use at the City are Limitorque, AUMA, Rotork and K-Tork.

B. GOAL/PURPOSE:

This Notice Inviting Bids is being completed for the Utilities Department to award an agreement to a Contractor to perform Actuated Valve On Call and On-Site Preventative Maintenance, Repair and Asset Register Creation services to be provided on an “ASNEEDED” basis for repairs at various locations throughout the City.

Contractor shall coordinate work with the City’s Representative for this Proposal.

C. TECHNICAL SPECIFICATIONS/SCOPE OF WORK
Contractor shall be responsible for furnishing all materials, transportation, labor, equipment, any and all services and materials necessary to facilitate complete the comprehensive scope of work:

This scope of work establishes the minimum requirements for providing Actuated Valve On Call and On-Site Preventative Maintenance, Repair and Asset Register Creation Services to the City of Corona. The Contractor is required to meet all specifications listed herein, as minimum, and is required to submit a firm fixed cost for all commodities/services. The Contractor shall fully and timely provide all deliverables described herein in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. Contractor shall provide all labor, materials, equipment and mobilization to complete the described services for the City of Corona.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 2 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Permissible work hours are 7am to 5pm Monday through Friday excluding City observed holidays. Any deviations will need to be pre-approved by the City’s Representative.

1. TASK 1: Create Asset Register by Facility Location, Building and/or Area to include all valves with actuators:
a. Valve Number
b. Manufacturer of Valve
c. Type of Valve
d. Model Number of Valve (if known)
e. Date of Installation of Valve
f. Actuator Number (Provide metal tag; or plastic or metal name plate) g. Manufacturer of Actuator
h. Type of Actuator
i. Model Number of Actuator (if known)
j. Date of Installation of Actuator
k. Control Panel Location (building and wall by compass direction) and Controller Position in Panel (take photograph showing identification nameplates) l. Photographs of valves and actuators prior to performing any additional service are to be included with the Asset Register

2. TASK 2: Preventative Maintenance and Inspection will require:
a. Remove terminal cover, visually inspect for any loose or brittle wires or other electrical component deficiency. Inspect for any moisture. Grease cover screws prior to replacement.
b. Manually test the function of the actuator. Observe the function of the manual components confirming actual physical movement of the valve. c. Open limit switches
d. Check current draw to verify it is within the tolerances indicated on the nameplate. e. Electrically operate the actuator to check for noisy bearings or potential binding during valve operation and verify bidirectional communication with Operating System. f. When available, review the historical performance data, compare torque profiles with manufacturer’s performance guidelines.
g. Record the actuator’s torque trend during the valve’s travel. h. Inspect the actuator with remote activation to verify operation from the Operating System Controller.
i. Annually replace any batteries in IQ actuators.
j. Contact City Representative if there are indications that the internal components of the valve require invasive inspection, the City will then determine how to proceed. k. If there are explosion proof actuators, inspect the flame path during any internal inspection.
l. When inspection is complete, verify local and remote operations.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 3 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

3. Contractor’s Representative
It shall be the Contractor’s responsibility to provide 24-hour Contractor’s contact information (name, phone, and email), for both business hours and after hours to the City’s Representative following the award of the contract and update as needed.

4. Monthly Invoicing
a. TASK 1: May be invoiced/billed monthly based on percentage complete. b. TASK 2: Shall be billed monthly based on the individual pricing provided on the bid schedule. The serviced valves shall be identified by valve number (if available), location of facility, building quadrant or facility area. Each valve shall have its own Work Order.
c. Repair Work: Each Work Order shall have one valve associated with performed services. The serviced valve shall be identified by its valve number, location of facility and building quadrant or facility area on the Work Order. Itemized Work Order must be included with the monthly invoice. The Work Order must be signed and dated by the City’s Representative immediately following the completion of the City authorized work.

D. PERFORMANCE MEASURES
Performance Measures for Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation:

Task 1: Contractor shall submit sample Asset Register to the City’s Representative within thirty (30) calendar days following Notice to Proceed (NTP). The Sample Asset Register shall be performed concurrently with preventative maintenance and repairs. Register shall be completed after 6 months from contract start date. Monthly progress billing will be allowed.

Response Times for City Requested Repairs:

1. Non-emergency Repairs and Response Time
Non-emergency response time shall be by the morning of the next business day following notification from the City’s Representative by telephone, text message or email. All repair estimates shall be approved by the City’s Representative prior to the commencement of the work. Itemized and priced Repair or Service Work Order must be signed by the City’s Representative following the completion of the work.

2. Emergency Repairs and Response Time
Emergency response time will require an acknowledgement within one (1) hour via telephone, text or email following notification from the City’s Representative and technician’s arrival on site within four (4) hours of receipt of notification. The City’s notification shall be by telephone, text message or NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 4 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation email. Itemized and priced Repair or Service Work Order must be signed by the City’s Representative following the completion of the work.

E. MANDATORY REQUIREMENTS
• All Contractors and their subcontractors must be registered with the DIR for any repair work. Prevailing wages must be paid for all repair work. • Contractors shall require all OSHA required PPE when performing work on any City facility or site.
• Contractors shall maintain a current City of Corona Business license for the life of the Contract and with any renewals.
• Have a valid California State Contractor’s license with a designation of: C-61 - Limited Specialty Classification/D-64 - Non-specialized, or C61 - Limited Specialty Classification/D-21 - Machinery and Pumps, or A - General Engineering Contractor. • Have five (5) years of relevant experience performing Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Services with a contract value of $50,000 or greater.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 1 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

SECTION IV

BID CONTENT AND FORMS
A. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, Bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this NIB are currently held by bidder and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected.

B. BID / PRICE FORMS
Bidder shall complete the Bid / Price Form in its entirety including a binding signature and upload into the PlanetBids electronic bidding system. Bidders shall also enter their unit pricing on the Line Items tab in the PlanetBids electronic bidding system.

Unless discount payment terms are offered, payment terms shall be “Net 30 Days”.

Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized, and discount thereon is disallowed.

All prices shall be quoted F.O.B. destination, Corona, California. All shipping, handling and freight charges, if applicable, must be included in bidder’s bid amount.

C. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 2 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation PARTY SUBMITTING BID: ______________________

NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares:

I am the _________________________________________________ [title] of ___________________________________ [bidder], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or a sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, plotted, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [date], at ________________________________ [city], _________________________[state]. ____________________________________
Signature
____________________________________
Typed or Printed Name
____________________________________
Title
____________________________________
Party Submitting Bid
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 3 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THE CITY OF

CORONA MAINTENANCE/GENERAL SERVICES AGREEMENT
This is to acknowledge that we have read the City of Corona Maintenance/General Services Agreement (Agreement) and will sign the Agreement, as presented, without exception, for the City’s NIB No. 23-020AS.
______________________________________________________________________________ (Bidder Name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/Date)
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 4 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

ACKNOWLEDGMENT OF THE INSURANCE REQUIREMENTS CHECK SHEET (To be Completed and Submitted with Bid)
All applicable insurance requirements to this NIB are identified with a ‘YES’ under the “Applicable to Vendor” column on the NIB Insurance Requirements Check List.

Bidder acknowledges that we have reviewed the City of Corona Insurance Requirements Check List for NIB 23-020AS and understand that we will be able to provide the insurance coverage required. A sample certificate of insurance is enclosed for the City’s preliminary review. Any deductibles or self-insured retention amounts have been specified below for City’s review and approval.

Deductible Amounts/Self-insured Retentions:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ __________________________________________________________________________ (Firm Name)
__________________________________________________________________________ (Print name and title of person signing for firm)
__________________________________________________________________________ (Signature/Date)
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 5 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

CITY OF CORONA
NIB NO. 23-020AS INSURANCE REQUIREMENTS CHECK LIST
(To be Completed and Submitted with Bid)
All applicable insurance requirements are identified with a ‘YES’ under the “Applicable to Vendor” column. Indicate Yes or No below if you are able to comply with the requirement.

YES NO
Applicable to
Vendor
Can your company provide General Liability - $1M occurrence/$2M aggregate? YES Can your company provide Automobile Liability - $1M? YES Can your company provide Workers Compensation and Employer's Liability - $1M? YES Can your company provide Errors and Omissions (Professional) Liability Insurance - $1M occurrence/$2M aggregate?
Not
Applicable
Can your company provide Technology Professional Errors and Omissions Liability Insurance - $2M occurrence or $2M aggregate?
Not
Applicable
Can your company provide Builders'/All Risk for the completed value of the project naming the City as the loss payee?
Not
Applicable
Can your company provide Contractor’s Pollution Liability and Transportation Pollution Liability with minimum limits of $1 million/$2 million with a primary Additional Insured endorsement?
Not
Applicable
Can your company provide coverage with an insurer with a current A. M. Best’s rating no less than (A-):VII and licensed as an admitted insurance carrier in California? YES Can your company provide coverage with an insurer with a current A. M. Best’s rating no less than (A-):X and authorized to issue the required policies in California? YES Insurance Endorsements
General Liability
YES NO
Applicable to
Vendor
(Occurrence form CG 0001) YES
Will your company provide an insurance policy that states the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith? YES Will your company provide an insurance policy that states any person or organization whom you have agreed to include as an additional insured under a written contract? provided such contract was executed prior to the date of loss? YES Can your company provide Completed Operations as evidenced with the following endorsements? YES
Endorsement form CG 20 10 11 85 OR YES
CG 20 37 and one of the following YES
CG 20 10
YES
CG 20 26
CG 20 33
CG 20 38
Will your company provide a General Liability endorsement stating that the insurance coverage shall be primary any City insurance will be in excess of the contractors’ insurance and will not be called upon to contribute Endorsement Form shall be as broad as CG 20 01 04 13? YES
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 6 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Automobile Liability
YES NO
Applicable to
Vendor
Does your insurance cover Owned automobiles with Form number CA 0001 code 1 (Any Auto)? YES
If your company does not have owned automobiles, does your insurance cover No owned autos Code 8 (hired) and 9 (non-owned)? YES
Workers' Compensation
YES NO
Applicable to
Vendor
Will your company provide a waiver for 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 or Services performed by the Contractor? YES
Will your company provide a Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor? YES
Will your insurance policies have a (30) days' notice of cancellation endorsement? YES If your firm is unable to provide a (30) day notice of cancellation will your firm sign a City provided statement that the Vendor shall notify the City within two business days any notice of cancellation? YES
Does your insurance have any deductibles and/or self-insurance retentions? YES Use the space below to explain any "NO" responses.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 7 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

INFORMATION REQUIRED OF BIDDERS
To Be Completed and Returned With Bid
[***Indicate not applicable (“N/A”) where appropriate***]

1. Name of Bidder: ___________________________________________

2. Type, if Entity: ___________________________________________

3. Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Email Address Telephone Number
_________________________________________________________________________ CSLB License Number DIR Registration Number

4. How many years has Bidder’s organization been in business as a contractor? ______________________________

5. How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated? _______________________________________________

6. If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 8 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

7. If an individual or a partnership, answer the following:

7.1 Date of Organization: _____________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8. If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9. List other states in which Bidder’s organization is legally qualified to do business.
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

10. What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

11. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12. Has Bidder entered into a settlement agreement involving a public works project of more than $100,000 within the last two years with any City or public agency? If so, note when, where, and why. This information may be the basis for rejecting the bid as nonresponsive or the Bidder as nonresponsible following a hearing.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 9 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

13. Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

12. Have you been or are you on any federal list of debarred or suspended bidders? If yes, state the beginning and ending dates of the period of disbarment. ___________________________________________________________ ___________________________________________________________

13. List Trade References:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

14. List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 15 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 10 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from submitting a bid, or completing any contracts for similar services as detailed in NIB No. 23-020AS.

1. Have you ever been disqualified from any contract? (circle one) Yes No

2. If yes, explain the circumstances:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________
(Firm Name)
__________________________________________
(Print name and title of person signing for firm)
__________________________________________
(Signature/Date)
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 11 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California (PCC section 4100 et seq.), each bidder shall set forth below: (a) the name and the location of the place of business (b) the license number and the DIR registration number, and (c) the portion of the Work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price.

Notwithstanding the foregoing, if the Work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the Work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If Contractor is fully qualified to perform a portion of the Work listed below and will perform such Work, Contractor shall circle “yes” under the “will you be self-performing” column below.

Otherwise, if no subcontractor is specified for a portion of the Work or if more than one subcontractor is specified for the same portion of Work, and if that portion of Work is in excess of the amounts described in the paragraph above, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself.

If the “PCC 3400(c)” column states “yes” below, then please take note that a portion of the Work described is impacted by findings made by the City that a particular material, product, thing or service must be used and has been designated by a specific brand or trade name.1 In such cases, there may be only one subcontractor qualified or authorized to perform a portion of the Work described, so please take note and ensure that you list the proper subcontractor. 1 A copy of the applicable approved Notice Designating Sole Source Equipment and Products Specifications is available upon request.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 12 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Description
of Work
PCC
3400(c)
Apply?
Will you be
SelfPerforming?
(Please
circle)
If no, list
Subcontractor
Location, License Number &
DIR Registration Number of
Subcontractor
Portion of Work by
Subcontractor
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
Yes or No
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 13 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Description
of Work
PCC
3400(c)
Apply?
Will you be
SelfPerforming?
(Please
circle)
If no, list
Subcontractor
Location, License Number &
DIR Registration Number of
Subcontractor
Portion of Work by
Subcontractor
Yes or No
Yes or No
Yes or No
Name of Bidder
Signature
Name and Title
Dated
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 14 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

INDUSTRIAL SAFETY RECORD
(To be Completed and Submitted with Bid)
Number of Serious OSHA Violations within the last two (2) years or any Willful violations within the last five (5) years (must state zero if none):
___ Serious ___ Willful ___ Repeat ___ Other ___ Unclass _____ Total Firm Name (Print)
Signature
Name and Title (Print)
Date
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 15 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Vendor Performance Evaluation Form
Department: Division:

Prepared By: Title:

Vendor Name: P. O. #:

Contract Amount: $ Change Order Amount: $
Project Name:

Description of Project:

Date Prepared:

Performance Evaluation Period: (select one)
Weekly Monthly Quarterly Annually Other
Vendor Category: (select one)
General and Maintenance Services -
Commercial services provided on a frequent
basis such as catering, lawn service, general
maintenance, or cleaning.

Professional Service - unique, technical,
and/or infrequent functions performed by an
independent consultant/vendor qualified by
education, experience, and/or technical
ability to provide services.

Products - a supplier of a tangible object that
is manufactured or refined for sale.

Software - a supplier of technology
infrastructure or any license/maintenance
based, or cloud based software, requiring
access to the City’s information technology
system.

Evaluation Score Range and Criteria Factors

EXCELLENT
ABOVE

AVERAGE AVERAGE
BELOW

AVERAGE UNSATISFACTORY
5 (4. 50-5. 00) 4 (3. 20-4. 49) 3 (2. 60-3. 19) 2 (1. 81-2. 59) 1 (1. 00-1. 80)

1. Quality of Goods and Services: A measure to determine if the goods/ service received met the quality desired.

2. Quality of Work Performed: A measure to determine if the actual performed met the quality desired.

3. Timeliness of Delivery of Goods: A measure to determine if the goods delivered met (at minimum) the date specified to the vendor.

4. Compliance with Law and Regulations: A measure to determine if the supplier adhered to compliance law and regulations related to the nature of work or product delivered.

5. Safety and Protection: A measure to determine if the supplier followed all safety precautions and wore the appropriate protection gear to perform the service.

6. Appropriate of Tools/Technology: A measure to determine if the vendor provided tools/technology that aligned with requirements.

NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 16 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

7. Customer Service: How knowledgeable was the vendor regarding the product or service, was the vendor proactive in addressing City staff problems or concerns regarding the product or service.

8. Overall Timeliness of Invoices: Invoices for payment were submitted on a timely basis reflective to the contract.

9. Overall accuracy of Invoices: Invoices for payment were accurate and complete, covering the Work completed as of the date of the Application, inclusive of all required attachments and backup data
For each category identified below, enter the score (1 – 5) with 1 being unsatisfactory and 5 being excellent Evaluation Criteria Evaluation Score

1. Quality of Goods and Services 5 4 3 2 1

2. Quality of Work Performed 5 4 3 2 1

3. Timeliness of Delivery of Goods 5 4 3 2 1

4. Compliance with Law and Regulations 5 4 3 2 1

5. Safety and Protection 5 4 3 2 1

6. Appropriate of Tools/Technology 5 4 3 2 1

7. Customer Service 5 4 3 2 1

8. Overall Timeliness of Invoices 5 4 3 2 1

9. Overall accuracy of Invoices 5 4 3 2 1
EXAMPLE:

OVERALL EVALUATION SCORE 4. 89

OVERALL EVALUATION RATING EXCELLENT
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 17 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

ACKNOWLEDGMENT OF THE VENDOR PERFORMANCE EVALUATION FORM This is to acknowledge that we have read the City of Corona Vendor Performance Evaluation Form and understand a version of this type of form will be used to provide the basis for periodic assessments by the City to establish contract performance metrics. ______________________________________________________________________________ (Firm name)
______________________________________________________________________________ (Print name and title of person signing for firm)
______________________________________________________________________________ (Signature/date)
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 18 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.

Name of Bidder
Signature
Name
Title
Date: ________________________________
NIB No. 23-020AS Section IV. “Bid Content and Forms”, Page 19 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

LOCAL BIDDER PREFERENCE PROGRAM STATEMENT
To Be Submitted with Bid
This bid shall be subject to the City of Corona local bidder preference program. To qualify, bidders must be a “local business” with: (i) fixed facilities with one or more employees, which may include a sole proprietor, located at an address within City limits (a post office box alone is insufficient); and (ii) an appropriate City business license/permit. Bidders seeking to qualify for this local program shall provide supporting information and certify in writing that they meet the above requirements as part of the bid submittal.

The Local Program shall be applicable to only purchases of materials,supplies, and equipment as well as contracts for maintenance work and other general services projects, which are competitively bid and which involve an expenditure of two-hundred thousand dollars ($200,000) or less. For recurring purchases, the Local Program shall be applicable only to the City’s first two- hundred thousand dollars ($200,000) worth of such purchases for any fiscal year, as determined by city staff in its sole discretion.

Local Bidder Preference Qualifications: (Bidder–provide the following information) __________________________________________________________________________ Bidder’s Name
__________________________________________________________________________ Bidder’s Address within City limits (a post office box does not qualify) Bidder’s City of Corona Business License Number: _________ ____________________ I hereby certify that I qualify for the City of Corona Local Bidder Preference Program. ___________________________________
Bidder’s Signature
___________________________________
Print Name
___________________________________
Title
NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 20 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

EXPERIENCE STATEMENT
To Be Completed and Submitted with Bid
Bidder is required to have successfully performed Services for a municipality or other public utility/entities of a similar Scope of Work, with a minimum value of $50,000 or greater performed by Bidder within the last five (5) years; submit references for at least five (5) projects.

Customer #1 Name: _____________________________________________________ Contact Name: __________________________________
Position: ______________________________
Telephone Number: _____________________
Email: _______________________________________________
Customer Address: ______________________________________________________ Period of Performance: ___________________________________________________ Description of Services: __________________________________________________ ______________________________________________________________________ Contract Amount: $ _________________
Customer #2 Name: _____________________________________________________ Contact Name: __________________________________
Position: ______________________________
Telephone Number: _____________________
Email: _______________________________________________
Customer Address: ______________________________________________________ Period of Performance: ___________________________________________________ Description of Services: __________________________________________________ ______________________________________________________________________ Contract Amount: $ _________________
NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 21 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Customer #3 Name: _____________________________________________________ Contact Name: __________________________________
Position: ______________________________
Telephone Number: _____________________
Email: _______________________________________________
Customer Address: ______________________________________________________ Period of Performance: ___________________________________________________ Description of Services: __________________________________________________ ______________________________________________________________________ Contract Amount: $ _________________
Customer #4 Name: _____________________________________________________ Contact Name: __________________________________
Position: ______________________________
Telephone Number: _____________________
Email: _______________________________________________
Customer Address: ______________________________________________________ Period of Performance: ___________________________________________________ Description of Services: __________________________________________________ ______________________________________________________________________ Contract Amount: $ _________________
Customer #5 Name: _____________________________________________________ Contact Name: __________________________________
Position: ______________________________
Telephone Number: _____________________
Email: _______________________________________________
Customer Address: ______________________________________________________ NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 22 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Period of Performance: ___________________________________________________ Description of Services: __________________________________________________ ______________________________________________________________________ Contract Amount: $ _________________
Bidder’s Name
Signature
Print Name and Title
NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 23 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

CITY OF CORONA

PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Corona (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: ________________________________________________________ _____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ _____________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of ___________________________________________________ DOLLARS and ______________________________ CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 24 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE]
NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 25 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

CITY OF CORONA

PAYMENT BOND
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ____________________________________
Name (Signature)
____________________________________
Name (Type or Print)
____________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By: ____________________________________
Attorney-In-Fact
NIB No. 23-020AS Section V. “Bid & Content Forms”, Page 26 of 27 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

ACKNOWLEDGMENT
State of California
County of
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

NIB No. 23-020AS Section V. “Bid / Price Forms”, Page 1 of 4 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation SECTION V.

BID FORM
BIDDER:

The undersigned, hereby declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

ACTUATED VALVE ON CALL AND ON-SITE PREVENTATIVE MAINTENANCE, REPAIR AND ASSET REGISTER CREATION, NIB No. 23-020AS
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Instructions to Bidders or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. DIR Registration No. ____________________. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. _________ Dated: ___________________________ Addenda No. _________ Dated: ___________________________ Addenda No. _________ Dated: ___________________________ Addenda No. _________ Dated: ___________________________ The basis of Award of this Contract shall be on the lowest total for the Bid Schedule. In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates.

NIB No. 23-020AS Section V. “Bid / Price Forms”, Page 2 of 4 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

ANNUAL PURCHASE ORDER
The contract term shall be effective on or about February 15, 2023 through June 30, 2025 with one (1) additional 3-year renewal period, on an as-needed basis, with no guaranteed usage for Actuated Valve On Call And On-Site Preventative Maintenance, Repair And Asset Register Creation services. Bid prices shall remain effective and in force for the entire first contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent purchase order periods, if exercised by the City, are as follows:
• Option 1, if exercised, shall be effective July 1, 2025 through June 30, 2028 Option year pricing shall be negotiated by the Parties prior to commencement of each additional fiscal year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

No person, organization, or corporation is allowed to make, submit, or be interested in more than one Bid unless in a sub-contractual relationship with respect to the Bids. A person, organization or corporation submitting sub-proposals or quoting prices on materials to Bidders is prevented from submitting a Bid to the City as a primary bidder Cash discount allowable % days. Unless otherwise stated, payment terms are Net Thirty (30) Days.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Signature:

Print Name:

Title:

Date:

NIB No. 23-020AS Section V. “Bid / Price Forms”, Page 3 of 4 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation

BID SCHEDULE
Contractor shall complete the Electronic Bid Schedule found in the Line Items tab within the PlanetBids electronic bidding system. Provide firm fixed bid prices to furnish all labor, materials, supplies, equipment, tools, transportation, services, and any other incidental or additional costs to discharge all duties and obligations necessary and required to perform and complete the Project. A copy of the Bid Schedule below is provided for reference purposes only and need not be completed and returned.

Item No. Description Est
Qty Unit Unit Cost
1 Task 1: Create asset register by Facility,
Location, Building or Area. Price shall include
all labor, materials, transportation, tools and
equipment to accomplish the Task for the Lump
Sum price.
1 LS
$
2 Task 2: Preventative Maintenance and
Inspection of actuators for 4” to 10” valves.

Price shall include transportation, labor,
materials, tools and equipment to accomplish the
Task per inspection of each valve and actuator
within this size range.
15 EA
$
3 Task 2: Preventative Maintenance and
Inspection of actuators for 12” to 20” valves.

Price shall include transportation, labor,
materials, tools and equipment to accomplish the
Task per inspection of each valve and actuator
within this size range.
15 EA
$
4 Task 2: Preventative Maintenance and
Inspection of actuators for 22” to 36” valves.

Price shall include transportation, labor,
materials, tools and equipment to accomplish the
Task per inspection of each valve and actuator
within this size range.
15 EA
$
NIB No. 23-020AS Section V. “Bid / Price Forms”, Page 4 of 4 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation Item No. Description Est
Qty Unit Unit Cost
5 Task 2: Preventative Maintenance and
Inspection of air actuated valves from 12” to
20”. Price shall include transportation, labor,
materials, tools and equipment to accomplish the
Task per inspection of each valve and actuator
within this size range.
15 EA
$
6 Task 2: Preventative Maintenance and
Inspection of air actuated valves from 22” to
36”. Price shall include transportation, labor,
materials, tools and equipment to accomplish the
Task per inspection of each valve and actuator
within this size range.
5 EA
$
7 Service Truck travel fee with required tool and
equipment per mile charge for all repair work.

This fee is not to include hourly wages; vehicle
and equipment rate only.
20 Mile
$
8 Technician hourly rate for regular working hours
(7:00 a.m. to 6 p.m. Monday through Friday) 1 HR
$
9 Technician hourly rate for overtime hours
(outside of 7:00 a.m. to 6 p.m. Monday through
Friday) and after 8 hours when assigned solely to
the City of Corona.
1 HR
$
10 Technician hourly rate for hours beyond 12
hours when assigned solely to the City of Corona
and Sundays and holidays.
1 HR
$
Annual Actuator Testing, Inspection and Routine Maintenance and On-Call As Needed or Emergency Repairs Total Bid Amount
(Bid Items 1 to 10)
$
NIB No. 23-020AS Section VI. “Form of Agreement”, Page 1 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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SECTION VI.

FORM OF AGREEMENT
[***MODEL - REMOVE THIS TITLE WHEN USED***]

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
(ACTUATED VALVE ON CALL AND ON-SITE PREVENTATIVE MAINTENANCE, REPAIR AND ASSET REGISTER CREATION SERVICES, NIB 23-020AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and [***INSERT NAME***], 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 or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Actuated Valve On Call and On-Site Preventative Maintenance, Repair and Asset Register Creation 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 Actuated Valve On Call and On-Site Preventative Maintenance, Repair and Asset Register Creation Services, NIB 23- 020AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

NIB No. 23-020AS Section VI. “Form of Agreement”, Page 2 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).

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 actuated valve on call and on-site preventative maintenance, repair and asset register creation maintenance or other general 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***] (“Term”), 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 one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

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.

NIB No. 23-020AS Section VI. “Form of Agreement”, Page 3 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. 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 Services performed by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Tom Moody, 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 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 agrees 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 shall 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 NIB No. 23-020AS Section VI. “Form of Agreement”, Page 4 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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 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.

3.2.9 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 or Services knowing them 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.

3.2.9.1 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 NIB No. 23-020AS Section VI. “Form of Agreement”, Page 5 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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 3.2.9 or any of its subsections.

3.2.9.2 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 or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

3.2.9.3 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 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 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.

3.2.9.5 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.

3.2.9.6Air 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 NIB No. 23-020AS Section VI. “Form of Agreement”, Page 6 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 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), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising 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.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:

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(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). 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.
(B) Waiver of Subrogation – 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 or Services performed by the Contractor. (C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor. Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the NIB No. 23-020AS Section VI. “Form of Agreement”, Page 8 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 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.

3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.

3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

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3.2.11 Safety. Contractor shall execute and maintain its work and Services 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 Services and the conditions under which the Services are to be performed.

3.2.12 Bonds.

3.2.12.1 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 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.

3.2.12.2 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 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.

3.2.12.3 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.

3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, NIB No. 23-020AS Section VI. “Form of Agreement”, Page 10 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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.

3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total 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, including authorized reimbursements, shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) (“Total Compensation”) without written approval of City’s Representative. 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 30 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 Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an NIB No. 23-020AS Section VI. “Form of Agreement”, Page 11 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. 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. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. 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.

3.3.6 Apprenticeable Crafts. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.

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, as well as any authorized reimbursable expenses, 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.

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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, ADDRESS & CONTACT PERSON***]
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Director of Utilities
Utilities 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. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), 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, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent 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 settlement amounts, 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. 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 Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation NIB No. 23-020AS Section VI. “Form of Agreement”, Page 13 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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.

3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also 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 subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or nonexistence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.

3.5.7 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 NIB No. 23-020AS Section VI. “Form of Agreement”, Page 14 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.9 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.

3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.11 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.

3.5.12 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.

3.5.13 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.

3.5.14 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.

3.5.15 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 NIB No. 23-020AS Section VI. “Form of Agreement”, Page 15 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
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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.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 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.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

CITY OF CORONA
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
Attest:
_________________________
[***INSERT NAME***]
City Clerk
[***INSERT OTHER SIGNATURE

BLOCKS AS NEEDED, INCLUDING

CITY ATTORNEY AND
RECOMMENDING EMPLOYEES***]
NIB No. 23-020AS Section VI. “Form of Agreement”, Page 17 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019 (CITY ATTY: 07-17)
CONTRACTOR’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH [***INSERT NAME***]
(ACTUATED VALVE ON CALL AND ON-SITE PREVENTATIVE MAINTENANCE, REPAIR AND ASSET REGISTER CREATION SERVICES, NIB 23-020AS) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
[***INSERT NAME OF CONTRACTOR***]
a [***INSERT TYPE OF LEGAL ENTITY***]
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
NIB No. 23-020AS Section VI. “Form of Agreement”, Page 18 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019 (CITY ATTY: 07-17)
EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE***]
NIB No. 23-020AS Section VI. “Form of Agreement”, Page 19 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019 (CITY ATTY: 07-17)
EXHIBIT “B”

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
NIB No. 23-020AS Section VII. Form of Agreement - Page 20 of 20 Actuated Valve On Call and On Site Preventative Maintenance, Repair and Asset Register Creation ****SAMPLE – DO NOT EXECUTE****
CA\DD\02000.50102\10151745.3
REV. 3.3.6 - PTEAM 04302019
(CITY ATTY: 07-17)
EXHIBIT “C”

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSE***]
PURSUANT TO SECTION 3.2.12 ABOVE, Contractor shall provide a Payment (Labor and Materials) Bond for the work authorized under this Agreement. The payment bond shall be completed with the payment bond form provided by the City.

The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the total project price.

Corona City CouncilMarch 1, 2023

Corona City Council
March 1, 2023