HomeMy WebLinkAboutCO 2026-012 - Omega Environmental Services Inc
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT
CONTRACT
OMEGA ENVIRONMENTAL SERVICES INC
FOR
EMERGENCY WATER REMEDIATION AT THE
VICTORIA GARDENS SUBSTATION
(PW 2026-112)
AWARD DATE:
March 11, 2026
City of Rancho Cucamonga
CONTRACT NUMBER
2026-012
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 11th day of March 2026, by
and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Omega
Environmental (“Contractor”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following
services: Emergency Water Remediation at the Victoria Gardens Substation (“the
Project”).
B. Contractor has submitted a proposal to perform the services described in Recital
“A”, above, necessary to complete the Project.
C. City desires to engage Contractor to complete the Project in the manner set forth
and more fully described herein.
D. Contractor represents that it is fully qualified and licensed under the laws of the
State of California to perform the services contemplated by this Agreement in a good and
professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Contractor to perform all services described in Recitals
“A” and “B” above, including, but not limited to:
TASK 1 – Emergency Response Services: At the request of the City, Consultant provided
emergency response services on December 25, 26, and 27, 2025, in response to a water loss event
at the Site. Emergency measures were implemented to assess site conditions and mitigate
immediate impacts associated with the incident.
TASK 2 – Remediation Work Plan (RWP), Remediation, and Project Oversight: A. Remediation
Work Plan- Consultant shall prepare a site-specific Remediation Work Plan (RWP) based on
findings from the initial site walk-through assessment. The RWP will provide detailed
remediation procedures and technical guidelines for implementation by a qualified remediation
contractor. The anticipated remediation scope includes the removal, cleaning, disinfection, and
drying of impacted wall systems within the Sheriff Substation. B. Remediation Contractor-
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American Integrated Resources, Inc. (AIR), a California-licensed remediation contractor
(License No. 947563; DIR No. 1000000131), shall perform remediation activities in accordance
with the RWP and applicable industry standards. C. Remediation Activities -Remediation
activities will be conducted at times approved by the City and shall include: Installation of
containment systems with critical barriers to isolate work areas, Establishment of negative
pressure within contained areas, if mold growth is observed, through the operation of negative
air machines, Removal of approximately 500 square feet of lower wall systems and associated
wall insulation, as necessary and Cleaning, disinfection, and drying of affected building materials.
All remediation work shall be performed in accordance with the current edition of the IICRC
S520 Standard for Professional Mold Remediation. D. Project Oversight -Consultant shall
provide professional oversight services throughout the remediation process to verify compliance
with the RWP and applicable standards of care.
TASK 3 – Post-Remediation Verification (PRV) Assessment Approximately forty-eight (48)
hours following completion of remediation activities, Consultant shall conduct a Post-
Remediation Verification (PRV) assessment, which will include: Visual inspection of remediated
areas, Moisture measurements to confirm previously impacted materials are sufficiently dry and
If mold growth was identified during remediation, collection of indoor air samples within
contained work areas to evaluate bioaerosol concentrations. Air samples shall be collected using
laboratory-supplied Spore Trap (ST) media and submitted under established chain-of-custody
(COC) procedures to an American Industrial Hygiene Association (AIHA)-accredited third-party
microbiology laboratory for analysis via direct microscopic examination (DME). Laboratory
analysis will be requested with a 24-hour turnaround time.
TASK 4 – Report Preparation and Submittal -Consultant shall prepare and submit a final written
report reviewed by a Certified Industrial Hygienist (CIH). The report shall include: Project
background and summary, Description of field methodologies, Laboratory analytical results (if
applicable), Findings and conclusions, Recommendations, as appropriate. If conditions warrant,
the report may include alternatives or recommendations for additional investigation and testing.
The nature, scope, and level of the services required to be performed by Contractor are set forth
in the Scope of Work and are referred to herein as “the Services.” In the event of any
inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this
Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City the Contractor will
promptly meet with City staff to discuss any revisions to the Project desired by the City.
Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by
amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s
compensation based thereon. A revision pursuant to this Section that does not increase the total
cost payable to Contractor by more than ten percent (10%) of the total compensation specified in
Section 3, may be approved in writing by City’s Manager without amendment.
1.3 Time for Performance. Contractor shall perform all services under this
Agreement in a timely, regular basis consistent with industry standards for professional skill and
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care, and in accordance with any schedule of performance set forth in the Scope of Work, or as
set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Contractor hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Contractor hereby covenants that
it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services. By executing this Agreement, Contractor
represents that, to the extent required by the standard of practice, Contractor (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Contractor represents that
Contractor, to the extent required by the standard of practice, has investigated any areas of work,
as applicable, and is reasonably acquainted with the conditions therein. Should Contractor
discover any latent or unknown conditions, which will materially affect the performance of
services, Contractor shall immediately inform City of such fact and shall not proceed except at
Contractor’s risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall become effective as of the
date of the mutual execution by way of both party’s signature (the “Effective Date”) through June
30, 2026. No work shall be conducted; service or goods will not be provided until this Agreement
has been executed and requirements have been fulfilled.
3. Compensation.
3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C,
provided, however, that full, total and complete amount payable to Contractor shall not exceed
Ninety-Nine Thousand Four Hundred Sixty-Two Dollars ($99,462) for services during the
City’s fiscal year ending June 30, 2026 including all out-of-pocket expenses, unless additional
compensation is approved by the City Manager or City Council. City shall not withhold any
federal, state or other taxes, or other deductions. However, City shall withhold not more than ten
percent (10%) of any invoice amount pending receipt of any deliverables reflected in such
invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet
satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with
Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate
Contractor for any authorized extra services as set forth in Exhibit C.
4. Method of Payment.
4.1 Invoices. Contractor shall submit to City monthly invoices for the Services
performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered
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during the period and shall separately describe any authorized extra services. Any invoice
claiming compensation for extra services shall include appropriate documentation of prior
authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga,
California.
4.2 City shall review such invoices and notify Contractor in writing within ten
(10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30)
calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records
maintained by Contractor relating to services hereunder shall be available for review and audit
by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract
administrator and City representative shall be Maritza Martinez, Public Works Services
Director, or such other person as designated in writing by the City (“City Representative”). It
shall be Contractor’s responsibility to assure that the City Representative is kept informed of the
progress of the performance of the services, and Contractor shall refer any decisions that must be
made by City to the City Representative. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the City Representative.
5.2 Contractor Representative. For the purposes of this Agreement, Steve
Rosas is hereby designated as the principal and representative of Contractor authorized to act in
its behalf with respect to the services specified herein and make all decisions in connection
therewith (“Contractor’s Representative”). It is expressly understood that the experience,
knowledge, capability and reputation of the Contractor’s Representative were a substantial
inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall
be responsible during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services hereunder. Contractor may not
change the Responsible Principal without the prior written approval of City.
6. Contractor’s Personnel.
6.1 All Services shall be performed by Contractor or under Contractor’s direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City business license
as required by the City’s Municipal Code.
6.2 Contractor shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.4.
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6.3 Contractor shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By
its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section
3700 of the California Labor Code that require every employer to be insured against liability for
Worker's 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.
6.4 Contractor shall indemnify, defend and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Contractor’s violations of personnel
practices and/or any violation of the California Labor Code. City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to City
from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings,
photographs and any and all other writings, including drafts thereof, prepared, created or provided
by Contractor in the course of performing the Services, including any and all intellectual and
proprietary rights arising from the creation of the same (collectively, “Work Product”), are
considered to be “works made for hire” for the benefit of the City. Upon payment being made,
and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain
the property of City without restriction or limitation upon its use or dissemination by City. Basic
survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor
under this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
Contractor. In the event of the return of any of the Work Product to Contractor or its
representative, Contractor shall be responsible for its safe return to City. Under no circumstances
shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications
to City upon written demand by City for their delivery, notwithstanding any disputes between
Contractor and City concerning payment, performance of the contract, or otherwise. This
covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for
any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this
Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor
shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign
to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other
intellectual and proprietary property rights relating to the Work Product and the Project itself,
and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to
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the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any
and all purposes, including but not limited to constructing, using, maintaining, altering, adding
to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Contractor warrants and represents that it has
secured all necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer software, used
in the rendering of the Services and the production of the Work Product and/or materials produced
under this Agreement, and that City has full legal title to and the right to reproduce any of the
Work Product. Contractor shall defend, indemnify and hold City, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials, harmless from any loss, claim or liability in
any way related to a claim that City’s use is violating federal, state or local laws, or any
contractual provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions. Contractor shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, software, equipment, devices or processes used or incorporated in the
Services and materials produced under this Agreement. In the event City’s use of any of the Work
Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its
expense, shall: (a) secure for City the right to continue using the Work Product by suspension of
any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so
that it becomes non- infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Contractor is, and shall at all times remain
as to City, a wholly independent contractor. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any
of its agents shall have control over the conduct of Contractor or any of Contractor’s employees,
except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent
that it or any of its officers, agents or employees are in any manner employees of City. Contractor
shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend,
indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest
asserted against City by reason of the independent contractor relationship created by this
Agreement. Contractor shall fully comply with the workers’ compensation law regarding
Contractor and Contractor’s employees
9. Confidentiality. Contractor may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are confidential and shall not be disclosed by Contractor without
prior written authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this Agreement.
Contractor’s covenant under this Section shall survive the termination of this Agreement. This
provision shall not apply to information in whatever form that is in the public domain, nor shall
it restrict the Contractor from giving notices required by law or complying with an order to
provide information or data when such an order is issued by a court, administrative agency or
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other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary
for the Contractor to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would conflict in
any manner with the performance of the Services. Contractor further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the Services. Contractor shall not accept any employment
or representation during the term of this Agreement which is or may likely make Contractor
“financially interested” (as provided in California Government Code §§1090 and 87100) in any
decision made by City on any matter in connection with which Contractor has been retained.
10.2 Contractor further represents that it has not employed or retained any
person or entity, other than a bona fide employee working exclusively for Contractor, to solicit
or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other
than a bona fide employee working exclusively for Contractor, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this Agreement. Upon
any breach or violation of this warranty, City shall have the right, at its sole and absolute
discretion, to terminate this Agreement without further liability, or to deduct from any sums
payable to Contractor hereunder the full amount or value of any such fee, commission, percentage
or gift.
10.3 Contractor has no knowledge that any officer or employee of City has any
interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Contractor, and that if any such interest comes to the knowledge
of Contractor at any time during the term of this Agreement, Contractor shall immediately
make a complete, written disclosure of such interest to City, even if such interest would not be
deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 To the maximum extent permitted by law, the Contractor shall defend,
indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers,
and agents serving as independent contractors in the role of City officials, (collectively,
“Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses,
reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims
relating to death or injury to any person and injury to any property, which arise out of, pertain to,
or relate to the acts, omissions, activities or operations of Contractor or any of its officers,
employees, subcontractors, Contractors, or agents in the performance of this Agreement.
Contractor shall defend Indemnitees in any action or actions filed in connection with any such
Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual
attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification
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obligation herein shall not in any way be limited by the insurance obligations contained in this
Agreement provided, however, that the Contractor shall have no obligation to indemnify for
Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.
11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided
in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of
their duties, from all claims, losses and liabilities arising out of or incident to activities or
operations performed by or on behalf of the Contractor.
11.4 Survival. The provisions of this Section 11 shall survive the termination of
the Agreement and are in addition to any other rights or remedies which Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover
under this indemnity provision, and an entry of judgment against Contractor shall be conclusive
in favor of the Indemnitee’s right to recover under this indemnity provision for up to one year
from the end of this project.
12. Insurance.
12.1 Liability Insurance. Contractor shall procure and maintain in full force and
effect for the duration of this Agreement, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the services
hereunder by Contractor, and/or its agents, representatives, employees or subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State of
California, and Employer’s Liability Insurance.
12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) Commercial General Liability: $2,000,000 per occurrence for
bodily injury, personal injury and property damage. Commercial
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General Liability Insurance or other form with a general aggregate
limit shall apply separately to this Agreement or the general limit
shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury
and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease and Workers’ Compensation Insurance
in the amount required by law.
(4) The Insurance obligations under this Agreement shall be the
greater of (i) the Insurance coverages and limits carried by the
Contractor; or (ii) the minimum Insurance coverages and limits
shown in this Agreement. Any insurance proceeds in excess of the
specified limits and coverage required which are applicable to a
given loss, shall be available to the City. No representation is made
that the minimum Insurance requirements of this Agreement are
sufficient to cover the obligations of the Contractor under this
agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any
required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies
are to contain the following provisions on a separate additionally
insured endorsement naming the City, its officers, officials,
employees, designated volunteers and agents serving as
independent contractors in the role of City officials, as additional
insureds as respects: liability arising out of activities performed by
or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor;
and/or automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no limitations on the scope
of protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent contractors
in the role of City officials which are not also limitations applicable
to the named insured.
(2) For any claims related to this Agreement, Contractor’s insurance
coverage shall be primary insurance as respects City, its officers,
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officials, employees, designated volunteers and agents serving as
independent contractors in the role of City officials. Any insurance
or self-insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be in excess of
Contractor’s insurance and shall not contribute with it.
(3) Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer’s liability.
(4) Contractor shall provide immediate written notice if (1) any of the
required insurance policies is terminated; (2) the limits of any of
the required polices are reduced; (3) or the deductible or self-
insured retention is increased. In the event of any cancellation or
reduction in coverage or limits of any insurance, Contractor shall
forthwith obtain and submit proof of substitute insurance. Should
Contractor fail to immediately procure other insurance, as
specified, to substitute for any canceled policy, the City may
procure such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy required by this clause shall expressly waive
the insurer’s right of subrogation against City, its elected officials,
officers, employees, servants, attorneys, designated volunteers,
and agents serving as independent contractors in the role of City
officials.
(6) Each policy shall be issued by an insurance company approved in
writing by City, which is admitted and licensed to do business in
the State of California and which is rated A:VII or better according
to the most recent A.M. Best Co. Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting
or other provisions of the required policy, including breaches of
warranty, shall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or
defending any claim against any insured, including court costs and
attorneys' fees, shall be paid in addition to and shall not deplete any
policy limits.
(9) Contractor shall provide any and all other insurance, endorsements,
or exclusions as required by the City in any request for proposals
applicable to this Agreement.
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12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Contractor shall furnish the City with certificates and original endorsements, or
copies of each required policy, effecting and evidencing the insurance coverage required by this
Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation
waiver of subrogation endorsement, and (3) General liability declarations or endorsement page
listing all policy endorsements. The endorsements shall be signed by a person authorized by the
insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and
approved by the City before Contractor commences performance. If performance of this
Agreement shall extend beyond one year, Contractor shall provide City with the required policies
or endorsements evidencing renewal of the required policies of insurance prior to the expiration
of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of this
Agreement including the indemnity and insurance requirements to the extent they apply to the
scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound
to Contractor and City in the same manner and to the same extent as Contractor is bound to City
pursuant to this Agreement, and to require each of its subcontractors to include these same
provisions in its contract with any sub-subcontractor.
13. Cooperation. In the event any claim or action is brought against City relating to
Contractor’s performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation that City might require. City shall compensate Contractor
for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any time
for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event
City exercises its right to terminate this Agreement, City shall pay Contractor for any services
satisfactorily rendered prior to the effective date of the termination, provided Contractor is not
then in breach of this Agreement. Contractor shall have no other claim against City by reason of
such termination, including any claim for compensation. City may terminate for cause following
a default remaining uncured more than five (5) business days after service of a notice to cure on
the breaching party.
Contractor may terminate this Agreement for cause upon giving the City ten (10) business days
prior written notice for any of the following: (1) uncured breach by the City of any material term
of this Agreement, including but not limited to Payment Terms; (2) material changes in the
conditions under which this Agreement was entered into, coupled with the failure of the parties
to reach accord on the fees and charges for any Additional Services required because of such
changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered
by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b)
on the third business day following deposit in the United States mail, postage prepaid, to the
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addresses set forth in this Section, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City: Maritza Martinez
City of Rancho Cucamonga
Public Works Services Department
8794 Lion Street
Rancho Cucamonga, CA 91730
If to Contractor: Steve Rosas
Omega Environmental
1133 Camelback Street, Ste. 7261
Newport Beach, CA, 92658
16. Non-Discrimination and Equal Employment Opportunity. In the performance
of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed,
and that employees are treated during employment, without regard to their race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
17. Assignment and Subcontracting. Contractor shall not assign or transfer any
interest in this Agreement or subcontract the performance of any of Contractor’s obligations
hereunder without City’s prior written consent. Except as provided herein, any attempt by
Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be null, void and of no effect.
18. Compliance with Laws. Contractor shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Contractor performs the
Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance
with other requirements on “public works” and “maintenance” projects. If the Services are being
performed as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services, available to interested parties upon request, and shall post copies
at the Contractor’s principal place of business and at the Project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
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from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such payment
by City shall in no way impair or prejudice any right or remedy available to City with regard to
such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of California. Venue
for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by
any rules of interpretation providing for interpretation against the party who causes the
uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of
the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any other
documents, attachments and/or exhibits referenced herein and attached hereto, each of which is
incorporated herein by such reference, and the same represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties which expressly refers
to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
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Last Revised: 05/22/14
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Omega Environmental
By:
Name Date
City of Rancho Cucamonga
By:
Name Date
Title Title
By:
Name Date
Title
(two signatures required if corporation)
Docusign Envelope ID: C5FE793E-0090-441E-B10F-B6789F904795
3/10/2026 | 9:14 PM PDT
Principal
Docusign Envelope ID: A50CB04E-7A19-4C25-B78B-D859C7B141C4
City Manager
3/11/2026 | 11:50 AM PDT
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ATTACHMENTS
Attachment A – Sample Additional Insured Endorsement, Ongoing Operations
Attachment B – Sample Additional Insured Endorsement, Completed Operations
Attachment C – Sample Waiver of Subrogation
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Last Revised: 05/22/14
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Attachment A – Sample Additional Insured Endorsement, Ongoing Operations
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Attachment B – Sample Additional Insured Endorsement, Completed Operations
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Attachment C – Sample Waiver of Subrogation
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Last Revised: 05/22/14
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Docusign Envelope ID: C5FE793E-0090-441E-B10F-B6789F904795Docusign Envelope ID: A50CB04E-7A19-4C25-B78B-D859C7B141C4
Payment Events Status Timestamps
Certificate Of Completion
Envelope Id: A50CB04E-7A19-4C25-B78B-D859C7B141C4 Status: Completed
Subject: Complete with Docusign: CO 2026-012 Emergency Water Remedation at VG Substation.pdf
Source Envelope:
Document Pages: 20 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Mark Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Mark.Medina@cityofrc.us
IP Address: 199.201.174.250
Record Tracking
Status: Original
3/11/2026 7:41:44 AM
Holder: Mark Medina
Mark.Medina@cityofrc.us
Location: DocuSign
Signer Events Signature Timestamp
eccox
Elisa.Cox@cityofrc.us
City Manager
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.201.174.250
Sent: 3/11/2026 11:35:21 AM
Viewed: 3/11/2026 11:49:47 AM
Signed: 3/11/2026 11:50:03 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
City Clerks Services Department
ClerkContracts@CityofRC.us
City Clerk
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 3/11/2026 11:50:04 AM
Viewed: 3/12/2026 9:27:26 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/11/2026 11:35:21 AM
Certified Delivered Security Checked 3/12/2026 9:27:26 AM
Signing Complete Security Checked 3/11/2026 11:50:03 AM
Completed Security Checked 3/12/2026 9:27:26 AM
Payment Events Status Timestamps