Trash Capture System Installation Project.pdf

CITY OF ARCADIA

PUBLIC WORKS SERVICES DEPARTMENT

INVITES QUALIFIED PROPOSERS TO RESPOND TO THIS

REQUEST FOR PROPOSAL

TRASH CAPTURE SYSTEM INSTALLATION PROJECT

Responses must be received no later than:

Tuesday, September 15, 2026, at 4:00 P.M.

City of Arcadia

Attention: Office of the City Clerk 240 W. Huntington Drive

Arcadia, CA 91007

2 City of Arcadia – RFP Trash Capture System Installation Project

REQUEST FOR PROPOSAL

TRASH CAPTURE SYSTEM INSTALLATION PROJECT

This Request for Proposal includes: Page

I. Introduction II. Background III. Scope of Services IV. Minimum Qualifications V. City’s Responsibilities VI. Proposal Format VII. Business License Requirement VIII. Criteria for Selection/Basis of Proposal Evaluation IX. Discretion and Liability Waiver X. Tentative Schedule XI. Professional Services Agreement XII. City Insurance Requirements XIII. Proposal Requirements and Directions for Delivery XIV. Additional Conditions

Attachments:

Exhibit “A” – Sample Professional Services Agreement (“PSA”) Exhibit “B” – County Insurance Requirements Exhibit “C” – Sample LA County Flood Control Permit Checklist Exhibit “D” – List of Approved Manufacturers

3 City of Arcadia – RFP Trash Capture System Installation Project

I. Introduction

The City of Arcadia Public Works Services Department is seeking a qualified Proposer to provide professional services and construction for the Trash Capture System Installation Project, which will involve fabricating and installing new trash capture devices in County-owned catch basins. The Project will also include, but is not limited to, field review, measuring and recording data, obtaining and paying for all required permits from the City of Arcadia and the County of Los Angeles, complying with all bonds and insurance requirements set forth by those agencies, and generating and providing all reports required by the County, which may include (but isn’t limited to) cut sheets, as-builts, inspection reports, and pre- and post- construction site photos.

The Project will prevent trash and debris in stormwater and urban runoff from reaching waterways, and the Project will improve water quality.

II. Background

The City of Arcadia is located in Los Angeles County, east of Downtown Los Angeles.

Arcadia is approximately 11.2 square miles, has a population of approximately 60,000 residents, and is in the San Gabriel Valley.

The Municipal Separate Storm Sewer System (“MS4”) National Pollutant Discharge Elimination System (“NPDES”) Permit includes a requirement to capture all trash discharged to the San Gabriel River. This is specific to “priority” land uses such as industrial areas. There are two catch basins within the City that drain from a priority land use area and discharge to the San Gabriel River that require trash capture systems. To comply with this MS4 NPDES Permit requirement, the City must install full trash capture devices in these two catch basins. Both catch basins are County-owned, so installing the capture systems will require the Proposer to obtain a flood control permit from the County and to meet both the County’s and the City’s insurance requirements.

The two catch basins that require Trash Capture System Installation are on Lower Azusa Road between Durfee Avenue and the 605 freeway, and the locations of the catch basins are shown in the highlighted area on the map on the following page.

The trash capture systems shall meet all County requirements and MS4 NPDES requirements.

4 City of Arcadia – RFP Trash Capture System Installation Project

III. Scope of Services

This RFP is intended to solicit services for the Trash Capture System Installation Project.

The Project shall analyze and take into consideration all project constraints, including, but not limited to, permits, MS4 NPDES requirements, the project budget, and the existing conditions of the catch basins. The Engineer’s Estimate for the Project is $24,000, and the Proposer shall note that prevailing wage requirements will apply if the project cost exceeds or is equal to $25,000.

The Proposer will be required to perform the following for the Trash Capture System Installation Project:

A) Field investigation.

The Proposer shall visit the site and shall collect and analyze all background information necessary for the Project. This may include, but is not limited to, surveying, taking measurements, opening manholes, and taking pre-construction site photos. The Proposer shall also perform all necessary research and shall identify any potential obstacles, such as easements (if any), that may conflict with the work.

Based on the existing site conditions and the MS4 NPDES requirements, the Proposer shall then determine the size(s) and type(s) of trash capture systems that will be installed.

5 City of Arcadia – RFP Trash Capture System Installation Project

B) Obtain and pay for all required permits.

Proposer shall obtain and pay for all required permits, including those required by the County’s Flood Control District. Proposer shall provide all documents and information required for the permits, shall provide a Letter of Authorization for the City to sign, shall submit the permit application(s) on the City’s behalf, and shall revise the submitted documents if revisions are required by the County. Proposer shall also note that the City and the County have specific insurance requirements that must be met before the required permits can be issued.

Proposer shall note that the typical County permit review process takes approximately 5 weeks. The County’s fees are expected to be approximately $3,000 for review, $2,000 for inspection, and $180 for permit issuance, but those fees could increase if a larger than anticipated amount of review or inspection is required.

Proposer shall also note that flows enter both catch basins from two opposing directions. The City has corresponded with the County regarding the apparent sump conditions, and the County has indicated that they will likely approve the installation of trash capture systems in those catch basins since the elevations of adjacent buildings are approximately 2’-3’ higher than the elevations of the top of the catch basins. However, the County requires a formal permit submittal to officially approve the installation, and if the permit is denied, the City will only pay the Proposer for permit fees and pre-construction field investigation, and not for any construction-related costs.

C) Design, fabricate, and install trash capture systems.

Proposer shall design, fabricate, and install trash capture systems for the two catch basins on Lower Azusa Rd. Proposer shall perform all related tasks required for the work, which may include (but isn’t limited to) mobilization, traffic control, catch basin cleaning, staff gauge painting, providing cut sheets and as-built drawings, taking post-construction photos, and coordinating and providing inspection and reporting. The Proposer shall ensure that the trash capture systems meet MS4 NPDES requirements and all County requirements. The trash capture systems shall be listed on Exhibit “D” (List of Approved Manufacturers).

The completed work shall comply with all applicable regulations, including but not limited to MS4 NPDES requirements. Project documents should be provided electronically in “portable document format” (*.pdf) whenever possible.

D) Additional scope of work and general information:

• The completion of all engineering plan sheets and documents shall be completed under the direction of a California Licensed Engineer and/or under its appropriate licensed discipline.

6 City of Arcadia – RFP Trash Capture System Installation Project

• The Proposer will be expected to be proactive in the performance of his/her duties and complete task steps with minimal instruction from the City.

• The Proposer will be expected to coordinate closely with City staff and other

Proposers involved in the project.

• All investigations, surveys, research, reviews, inspections, and analysis will be the responsibility of the Proposer unless specified by the City.

• All reports, documents, electronic files, printouts, charts, graphics, plans, drawings, photographs, and notes developed and prepared for this project will be considered the property of the City. This information shall be made available to the City upon request and will remain property of the City upon completion of the project.

• The City anticipates using its standard contract for professional services without exceptions. A copy of the standard contract is included as an Attachment, see Exhibit “A”.

IV. Minimum Qualifications

The Proposer selected to perform the above-described work shall be a contractor who is experienced in the design, fabrication, and installation of trash capture systems, and in obtaining all necessary permits for their installation. The firms to be considered for this work effort shall have been in business for a period of at least one (1) year prior to the proposal opening date.

Proposer shall comply with all applicable federal, state, and local regulations including proper insurance coverage. The successful proposer will be required to have a valid City Business Tax Registration.

V. City Responsibilities

The City will provide and/or has the following on file to assist the selected Proposer:

• City of Arcadia Trash Study

• County assessors’ maps and City GIS parcel data

• Other information mutually agreed to be beneficial to the work effort

VI. Proposal Format

In order to maintain uniformity with all proposals submitted, it is hereby requested that Proposer’s proposal should include the following minimum information:

• Understanding of the project.

7 City of Arcadia – RFP Trash Capture System Installation Project

• Scope of service to be provided.

• Previous projects and experience, specifically with installing trash capture systems for other cities and obtaining all necessary permits for their installation (Note: one page maximum per project).

• Resumes of personnel to be used.

• Firm representative who will direct this project (Note: the Project Manager is expected to be fully involved in the work effort and conversant in its details on a day-to-day basis).

• An organizational chart indicating the project team’s responsibilities and reporting relationships.

• Written commitment for timely project completion.

• Project schedule (Note: if your firm does not agree with the City’s project schedule, please include your firm’s proposed project schedule).

• A fee proposal for the Trash Capture System Installation Project services

(including an itemized breakdown of permit fees, labor, tools, equipment, materials, inspection fees, reports, transportation, incidentals, and disposal of materials for services conducted in the City of Arcadia. Proposals shall also include the estimated number of staff hours required and the job description or title for each task of the scope of work) shall be provided in a separate sealed envelope marked “Fee Proposal – City of Arcadia Trash Capture System Installation Project.” The fee shall be prepared on time and materials not to exceed basis.

The prices, terms, and conditions of proposals shall remain firm for the period of one

(1) year from the purchase order issue date. The proposer shall also note the following:

AWARD OF CONTRACT:

The City will evaluate each proposal submitted, and one (1) Purchase Order (PO) will be issued. In accordance with the City’s Purchasing Procedures and Policies, a new PO will be issued in accordance with all the Terms and General Conditions as set forth within the General Conditions and in conformance with the proposer’s proposal sheets as submitted herein. The PO will be awarded to the selected proposer in the total amount of the proposal.

MISCELLANEOUS ENTITLEMENTS:

The City shall be entitled to any and all other services as normally offered by the Proposer (and/or manufacturers through the Proposer) to his other customers and at the same cost as the Proposer would normally charge his other customers (except where specifically addressed elsewhere in these specifications). Examples of such services would be, but not limited to inventory classification, daily deliveries, will calls, special orders, night deliveries, etc.

TERMINATION OF AGREEMENT:

8 City of Arcadia – RFP Trash Capture System Installation Project

This agreement may be terminated, with or without cause, at any time by the City or the Proposer after giving thirty (30) days written notice to the Proposer or City.

BILLING REQUIREMENTS:

Electronic billing is a preferred method of invoicing but is not a mandatory requirement.

All invoices must reflect the Purchase Order Number issued.

TERMS: The City of Arcadia respects terms of net 30 only.

ALTERNATE SOURCE:

The City of Arcadia reserves the right to secure specified items or services from alternate sources in the event a request cannot be filled in a timely manner to be determined.

VII. Business License Requirement

The Proposer shall obtain a City of Arcadia Business License prior to commencing work.

VIII. Criteria for Selection/Basis of Proposal Evaluation

The City will review all proposals and make a recommendation based upon the established evaluation criteria. The City reserves the right to award this contract not necessarily to the Proposer with the lowest cost proposal, but to one that provides the best match to the Project requirements, and which best serves the interest of the City.

However, cost-effectiveness is a factor of consideration. If a fee cannot be mutually agreed upon, the City has the option to open negotiations with the second highest ranked firm and will repeat this process until agreement is reached. All Proposers submitting a proposal will be notified in writing as to their status in the selection process.

Proposals will be evaluated based on the following criteria:

1. Experience and ability of the Proposer to perform the specific tasks outlined in the RFP, and the Proposer’s project approach to addressing the specific tasks in the RFP. (25 points)

2. Demonstrated record of success by the Proposer on work previously performed for other municipalities/governmental agencies. (15 points)

3. Timeliness of the proposed project schedule. (15 points)

4. Price proposal. (45 points)

IX. Discretion and Liability Waiver

9 City of Arcadia – RFP Trash Capture System Installation Project

The City reserves the right to reject all proposals or to request and obtain from one or more of the firms submitting proposals, supplementary information as may be necessary for City staff to analyze the proposals pursuant to the Proposer selection criteria.

The City is not liable for costs incurred by the Proposer for the cost of the proposal. The Proposer, by submitting a response to this RFP, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect to this RFP.

All proposals shall be binding for a period of 90 days after the proposal’s due date. The City also reserves the following rights with respect to this RFP:

• To re-issue this RFP with or without change or modification, at any time prior to the City’s execution of a Professional Services Agreement pursuant to this RFP

• To cancel this RFP with or without issuing another request for proposals

• To supplement, amend, substitute or otherwise modify this RFP at any time prior to the City’s execution of a Professional Services Agreement pursuant to this RFP

• To waive any informality, defect, non-responsiveness and/or deviation from this RFP that is not, in the City’s sole judgment, material to the proposal

• To request modification of some or all of the proposals following evaluation by the

City

• To request clarifications of any proposals

• To negotiate simultaneously, or otherwise, with one or more Respondents

• To discontinue and resume negotiations with one or more Respondents

X. Tentative Schedule

TASK DATE

Notice Inviting Proposals Issued August 31, 2026

Deadline to Submit Questions September 8, 2026, at 4:00 p.m.

Proposals Due September 15, 2026, at 4:00 p.m.

Project Completion December 14, 2026

XI. Professional Services Agreement

For the firm’s information, a sample copy of the standard Professional Services Agreement (PSA) for services is attached. By proposing, the Proposer agrees to be bound by the requirements under this Agreement unless otherwise noted in the Proposal.

10 City of Arcadia – RFP Trash Capture System Installation Project

The Proposer may suggest alternative language to any section. Some negotiation is possible to accommodate Proposer’s suggestions. However, the Agreement is subject to change with revisions pursuant to review by the City Attorney.

XII. City Insurance Requirements

The chosen firm/Proposer will be required to maintain insurance coverage throughout the course of the Professional Services Agreement and shall provide the City with evidence of said coverage as set forth in the Professional Services Agreement. The requirement is subject to change and modification pursuant to review by the City Attorney. Section 11 (Insurance) and Section 12 (Indemnification) of the sample PSA delineates the City’s insurance requirements. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

XIII. Proposal Requirements and Directions for Delivery

The proposal shall contain the following information:

A) A project approach for all the work describing how the Proposer plans to accomplish the tasks described in the Scope of Services, including an estimate of the level of effort (man-hours) to be expended.

B) A detailed proposed Scope of Services to be provided and identification of potential delaying factors.

C) A discussion of the proposed schedule for each phase of the project and a graphic presentation of the time required to complete the entire project. The project needs to be completed by December 14, 2026.

D) Description of similar projects recently performed by your firm. The names of Proposer staff to be assigned to this project study, their proposed duties, and their relative experiences. The City would prefer projects in which the proposed team members had direct participation. References must be submitted for each project study, including the name and the telephone number of a current contact familiar with your performance on the identified project.

E) A fee schedule of the project study, including number of hours, and other direct costs, shall be listed by item and phase. In addition, a current hourly fee schedule shall be included along with a “not to exceed” or “lump sum” total project fee.

F) All proposals and accompanying collateral materials become the sole property of the City of Arcadia and may not be reproduced without the permission of the City.

11 City of Arcadia – RFP Trash Capture System Installation Project

G) One (1) sealed copy of the fee proposal shall be submitted under separate cover and shall be delivered or mailed to the same address shown above on the same day and time as the project proposal. Facsimile submittals will not be accepted.

Submit three (3) copies (one marked “Original” plus 2 copies) of the Proposal and one (1) digital PDF copy of the Proposal.

Each proposal shall be submitted in two parts. The first part shall be the technical proposal. The second part shall be the fee proposal and shall be sealed in its own envelope marked “TRASH CAPTURE SYSTEM INSTALLATION PROJECT” - FEE Proposal - “DO NOT OPEN”.

Outside of your submittal package, indicate the name of the RFP: TRASH

CAPTURE SYSTEM INSTALLATION PROJECT.

Proposals may be submitted by mail or courier service (FedEx, UPS, DHL, etc.), and all proposals must be in a sealed envelope and must be received no later than 4:00 p.m. on Tuesday, September 15, 2026, addressed to the following:

City of Arcadia

Attn: Office of the City Clerk 240 W. Huntington Drive

Arcadia, CA 91007

All proposals will be time stamped when received. Proposals received after the due date will be rejected unopened and will be excluded from consideration. Proposers are reminded to check with mail delivery services on delivery dates to ensure timely delivery of proposals by the posted due date. Proposers are solely responsible for ensuring proposals are received by the City on time – the City will not be responsible for any delay in delivery by any mail delivery service. Proposals must comply with the Instructions to Proposers. Submissions by fax or other electronic media will not be accepted under any circumstances.

The City of Arcadia reserves the right to reject any or all Proposals, to waive any informality or irregularity in any Proposal received, and to be the sole judge of the merits of the respective Proposal received.

XIV. Additional Conditions

Following receipt of initial Proposals, the City may, at its sole discretion, elect to proceed with award of the Contract without negotiations, or it may proceed with negotiations prior to execution. Any decision to commence negotiations regarding the Contract and any topics of negotiation are at the City’s sole discretion. In such event, the Proposer may raise issues only to the extent they are interrelated with negotiated topics raised by the City. Negotiations would commence with the highest ranked Proposer. If for any reason

12 City of Arcadia – RFP Trash Capture System Installation Project the City is unable to negotiate a contract with the highest ranked Proposer, the City will terminate those negotiations in writing. The City will then enter negotiations with the next-ranked Proposer, following the above-described process, until a contract is awarded or all of the Proposals are rejected.

The City will not consider any late Proposals or late requests to modify or withdraw Proposals. Each Proposer is solely responsible for assuring that the City receives its Proposal.

The Proposer agrees that its Proposal will remain valid for 90 days following the Proposal Date. After such period, the Proposals will cease to be valid unless the Proposer(s) and the City agree in writing to extend the period of validity.

There will be no public opening of Proposals. A register of Proposals will be prepared that identifies each Proposer. Such register will be disclosed publicly.

All correspondence with or information from the City regarding the RFP or the Proposal process shall be through the City point of contact below, or a representative here after designated.

City of Arcadia - Public Works Services Department P.O. Box 60021 11800 Goldring Road Arcadia, CA 91066-6021 Email: mkwok@ArcadiaCA.gov Phone: (626) 254-2727

ATTACHMENT F

RFP NO. PWS 09-2025

City of Arcadia Public Works Services Request for Proposals – Janitorial & Porter Services for Various City Facilities ATTACHMENT F

JANITORIAL & PORTER SERVICES AT VARIOUS CITY FACILITIES

PROFESSIONAL SERVICES AGREEMENT

[__INSERT TYPE OF SERVICE/PROJECT__]

This Agreement is made and entered into as of ________________, 20____ by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“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***] (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS

A. City is a public agency of the State of California and is in need of professional services for the following project:

(hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.

a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ [Insert amount of compensation].

Michael Kwok Rectangle

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Michael Kwok Text Box Exhibit "A": Sample Professional Services Agreement

This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from [Insert start date] to [Insert end date], unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). [If the City has specific milestones or timelines for performance, please input those requirements in the “Activity Schedule” attached as Exhibit C, otherwise delete Exhibit C.] The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.

a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.

b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

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7. Compliance with Law.

a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

a. Commercial General Liability

(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.

(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.

(iii) Commercial General Liability Insurance must include coverage for the following:

(1) Bodily Injury and Property Damage

(2) Personal Injury/Advertising Injury

(3) Premises/Operations Liability

(4) Products/Completed Operations Liability

(5) Aggregate Limits that Apply per Project

(6) Explosion, Collapse and Underground (UCX) exclusion deleted

(7) Contractual Liability with respect to this Agreement

(8) Property Damage

(9) Independent Consultants Coverage

(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.

(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.

(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

b. Automobile Liability

(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.

City of Arcadia Public Works Services Request for Proposals – Janitorial & Porter Services for Various City Facilities ATTACHMENT F

(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

c. Workers’ Compensation/Employer’s Liability

(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)

At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

e. Minimum Policy Limits Required

(i) The following insurance limits are required for the Agreement:

Combined Single Limit

Commercial General Liability

Automobile Liability

Employer’s Liability

$2,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage

$2,000,000 per occurrence for bodily injury and property damage

$2,000,000 per occurrence

City of Arcadia Public Works Services Request for Proposals – Janitorial & Porter Services for Various City Facilities ATTACHMENT F

Professional Liability $2,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits.

(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

f. Evidence Required

Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

g. Policy Provisions Required

(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.

(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

h. Qualifying Insurers

(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

i. Additional Insurance Provisions

(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.

a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements. – NOT APPLICABLE.

a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code

Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. City Material Requirements.

Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in [Insert the name of the document that contains the City’s standard material requirements], which are deemed to be a part of this Agreement.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California.

17. Termination or Abandonment

a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization

Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: [***INSERT NAME & DEPARTMENT***]

CONSULTANT:

[***INSERT NAME, ADDRESS & CONTACT

PERSON***]

and shall be effective upon receipt thereof.

22. Third Party Rights

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or…